Senate Bill No. 211
(By Senators Ross, Anderson,
Macnaughtan
,
Boley and Buckalew)
__________
[Introduced March 3, 1997; referred to the
Committee on the Judiciary.]
__________
A BILL to amend and reenact section two, article nine,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the secretary of state to
promulgate a legislative rule relating to
trademarks and service marks.
Be it enacted by the Legislature of West Virginia:
That section two, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND
BOARDS TO PROMULGATE LEGISLATIVE RULES.
§64-9-2. Secretary of state.
(a) The legislative rules rule filed in the state
register on the twelfth day of January, one thousand nine
hundred ninety-five, authorized under the authority of
section thirteen, article two, chapter three of this
code, modified by the secretary of state to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-second day of June, one thousand nine hundred
ninety-five, relating to the secretary of state (agencies
designated to provide voter registration services, 153
CSR 28), are is authorized.
(b) The legislative rules rule filed in the state
register on the twenty-fifth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section six, article one-a, chapter three of this
code, modified by the secretary of state to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-third day of January, one thousand nine hundred
ninety-six, relating to the secretary of state
(guidelines for the use of nicknames and other
designations on the ballot, 153 CSR 14), are is
authorized.
(c) The legislative rules rule filed in the state
register on the twenty-eighth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section six, article one-a, chapter three of this
code, modified by the secretary of state to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the eighth
day of December, one thousand nine hundred ninety-five,
relating to the secretary of state (procedures for
canvassing electronic ballot elections using punch card
or optical scan ballots, 153 CSR 18), are is authorized.
(d) The legislative rules rule filed in the state
register on the twenty-fifth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section six, article one-a, chapter three of this
code, modified by the secretary of state to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-fourth day of January, one thousand nine hundred
ninety-six, relating to the secretary of state (absentee
voting by military voters who are members of reserve
units called to active duty, 153 CSR 23), are is
authorized.
(e) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section six, article one-a, chapter three of this
code, modified by the secretary of state to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-fourth day of January, one thousand nine hundred
ninety-six, relating to the secretary of state (numbered
divisions for the election of circuit judges, 153 CSR
24), are is authorized.
(f) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section three, article two, chapter three of this
code, relating to the secretary of state (combined voter registration and driver licensing fund, 153 CSR 25), are
is authorized.
(g) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section six, article one-a, chapter three of this
code, relating to the secretary of state (official
election forms and vendor authorization, 153 CSR 26), are
is authorized.
(h) The legislative rules rule filed in the state
register on the twenty-sixth day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section six, article one-a, chapter three of this
code, modified by the secretary of state to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-fourth day of January, one thousand nine hundred
ninety-six, relating to the secretary of state
(procedures for handling ballots and counting write-in
votes in counties using punch card or optical scan
ballots, 153 CSR 27), are is authorized.
(i) The legislative rules rule filed in the state
register on the twenty-seventh day of July, one thousand nine hundred ninety-five, authorized under the authority
of section six, article two, chapter twenty-nine-a of
this code, modified by the secretary of state to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-second day of January, one thousand nine hundred
ninety-six, relating to the secretary of state (standard
size and format for rules and procedures for publication
of the state register, 153 CSR 6), are is authorized,
with the amendments set forth below:
"On page ten, subsection 13.1, after the word
'format' by inserting a comma and the words 'following
all formatting rules of the Secretary of State,';
On page ten, paragraph 13.1.b, by striking out the
word 'double' and inserting in lieu thereof the word
'high';
On page ten, after subparagraph 13.1.b.2, by adding
a new subsection to read as follows:
'13.2. If an agency does not comply with the
formatting as specified by the Secretary of State, the
electronic version will be refused and sent back for
correction to the agency'."
(j) The legislative rule filed in the state register on the thirtieth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section
ten, article two, chapter forty-seven, of this code,
modified by the secretary of state to meet the objections
of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of
October, one thousand nine hundred ninety-six, relating
to the secretary of state (trademarks and service marks
,
153 CSR 29), is authorized.
NOTE: The purpose of this bill is to authorize the
Secretary of State to promulgate a legislative rules
relating to Trademarks and Service Marks
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.