COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 112

(By Senators Manchin, Anderson, Boley,

Grubb and Macnaughtan)

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[Originating in the Committee on the Judiciary;

reported February 24, 1995.]

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A BILL to amend chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; the legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate legislative rules with various modifications presented to and recommended by the legislative rule- making review committee; authorizing the division of labor to promulgate legislative rules relating to the regulation of trade, weights and measures, as modified; authorizing the division of labor to promulgate legislative rules relating to the West Virginia manufactured housing construction and safety standards board, as modified; authorizing the division of natural resources to promulgate legislative rules relating to the recycling assistance fund grant program, as modified; authorizing the division of natural resources to promulgate legislative rules relating to West Virginia wildlife management areas, as modified; authorizing the division of natural resources to promulgate legislative rules relating to general hunting regulations, as modified; authorizing the division of natural resources to promulgate legislative rules relating to prohibitions when hunting and trapping, as modified; authorizing the division of natural resources to promulgate legislative rules relating to special bear hunting regulations, as modified; authorizing the division of natural resources to promulgate legislative rules relating to wild boar hunting, as modified; authorizing the division of natural resources to promulgate legislative rules relating to special fishing, as modified; and authorizing the division of natural resources to promulgate legislative rules relating to rules governing public use of West Virginia state parks, state forests and state wildlife management areas under the division of natural resources, as modified.

Be it enacted by the Legislature of West Virginia:
That chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten, to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Division of labor.
(a) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four, modified by the division of labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the third day of November, one thousand nine hundred ninety-four, relating to the division of labor (regulation of trade, weights and measures, 42 CSR 22), are authorized.
(b) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four, modified by the division of labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the third day of November, one thousand nine hundred ninety-four, relating to the division of labor (West Virginia manufactured housing construction and safety standards board, 42 CSR 19), are authorized.
§64-10-2. Division of natural resources.
(a) The legislative rules filed in the state register on the fourteenth day of July, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of September, one thousand nine hundred ninety-four, relating to the division of natural resources (recycling assistance fund grant program, 58 CSR 43), are authorized.
(b) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of October, one thousand nine hundred ninety-four, relating to the division of natural resources (West Virginia wildlife management areas, 58 CSR 6), are authorized.
(c) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of October, one thousand nine hundred ninety-four, relating to the division of natural resources (general hunting regulations, 58 CSR 11D), are authorized.
(d) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of October, one thousand nine hundred ninety-four, relating to the division of natural resources (prohibitions when hunting and trapping, 58 CSR 11B), are authorized.
(e) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of October, one thousand nine hundred ninety-four, relating to the division of natural resources (special bear hunting regulations, 58 CSR 11C), are authorized.
(f) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of October, one thousand nine hundred ninety-four, relating to the division of natural resources (wild boar hunting regulations, 58 CSR 11G), are authorized.
(g) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of October, one thousand nine hundred ninety-four, relating to the division of natural resources (special fishing rule, 58 CSR 21), are authorized.
(h) The legislative rules filed in the state register on the second day of December, one thousand nine hundred ninety-four, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of December, one thousand nine hundred ninety-four, relating to the division of natural resources (rules governing public use of West Virginia state parks, state forests and state wildlife management areas under the division of natural resources, 58 CSR 5), are authorized.