COMMITTEE SUBSTITUTE

FOR

H. B. 4221

(By Delegates Hunt, Linch, Compton, Jenkins,

Faircloth and Riggs)


(Originating in the House Committee on the Judiciary)

[February 28, 2000]


A BILL to amend and reenact section one, article four, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section two, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or 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 certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the division of culture and history to promulgate a legislative rule relating to the rehabilitation of certified historic residential structures tax credit; and authorizing the division of rehabilitation services to promulgate a legislative rule relating to the Ron Yost assistance services act board .

Be it enacted by the Legislature of West Virginia:

That section one, article four, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section two, all to read as follows:
ARTICLE 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.

§64-4-1. Division of culture and history.
(a)
The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section eight- g, article twenty-one, chapter eleven, of this code, modified by the division of culture and history to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth day of January, two thousand, relating to the division of culture and history (rehabilitation of certified historic residential structures tax credit , 82 CSR 4), is authorized.
§64-4-2. Division of rehabilitation services .
The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, under the authority of section one, article ten-l, chapter eighteen, of this code, modified by the division of rehabilitation services
to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of September, one thousand nine hundred ninety-nine, relating to the division of rehabilitation services (Ron Yost assistance services act board , 198 CSR 1), is authorized.