SB250 H JUD AM 4-9 #1
The Committee on the Judiciary moves to amend the bill on page
three, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof, the following
language:
"ARTICLE 10. AUTHORIZATION FOR OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Development Office.
The legislative rule filed in the Office of the Secretary of
State, authorized under the prior enactment of section twenty-a,
article thirteen-a, chapter eleven of this code, relating to the
Development Office (use of coalbed methane severance tax proceeds,
145 CSR 13), is repealed.
§64-10-2. Broadband Deployment Council.
The legislative rule filed in the State Register on August 10,
2012, authorized under the authority of section four, article
fifteen-c, chapter thirty-one, of this code, modified by the
Broadband Deployment Council to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on January 22, 2013, relating to the Broadband Deployment
Council (broadband deployment grants programs, 208 CSR 1), is
authorized.
§64-10-3. Board of Miners Training, Education and Certification.
The legislative rule filed in the State Register on August 22,
2012, authorized under the authority of section six, article seven,
chapter twenty-two-a, of this code, modified by the Board of Miners Training, Education and Certification to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 17, 2012, relating to the Board of Miners
Training, Education and Certification (standards for certification
of coal mine electricians, 48 CSR 7), is authorized.
§64-10-4. Division of Natural Resources.
(a)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, relating to the Division of
Natural Resources (special boating, 58 CSR 26), is authorized.
(b)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section twenty-three,
article seven, chapter twenty, of this code, 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 October 18, 2012, relating to the Division of Natural
Resources (special motorboating, 58 CSR 27), is authorized.
(c)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, relating to the Division of
Natural Resources (defining the terms used in all hunting and
trapping rules, 58 CSR 46), is authorized.
(d)
The legislative rule filed in the State Register on July
19, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, relating to the Division of
Natural Resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.
(e)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, 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
October 18, 2012, relating to the Division of Natural Resources
(deer hunting, 58 CSR 50), is authorized.
(f)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, relating to the Division of
Natural Resources (general trapping, 58 CSR 53), is authorized.
(g)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, relating to the Division of
Natural Resources (special waterfowl hunting, 58 CSR 58), is
authorized.
(h)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, relating to the Division of
Natural Resources (special fishing, 58 CSR 61), is authorized.
(i) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty, of this code, 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 October 31, 2012, relating to the Division of Natural Resources
(falconry, 58 CSR 65), is authorized with the following amendments:
On page one, subsection 2.8., after the word "Falconiformes"
by inserting a comma and the words "the Order Accipitriformes";
On page one, after subsection 2.8., by inserting a new
subsection 2.9. to read as follows:
"2.9. "Passage" means a first-year raptor that is no longer
dependent upon parental care.";
On page three, by striking out all of subsection 4.5. and
inserting in lieu thereof a new subsection 4.5. to read as follows:
"4.5. A permittee may use a falconry to take any bird species
for which there is a depredation order in place in 50 CFR at any
time in accordance with the conditions of the applicable
depredation order. The permittee may not receive any compensation
for depredation activities.";
On page four, subdivision 5.3.e., after the word "Falconiform"
by inserting a comma and the word "Accipitriform";
On page six, subdivision 7.2.a., by striking out the word
"Alymeri" and inserting in lieu thereof the word "Aylmeri";
On page eight, by striking out all of subsection 10.1. and
inserting in lieu thereof a new subsection 10.1. to read as
follows:
"10.1. A raptor taken, possessed, transported or used for
falconry purposes shall be marked with: a seamless, numbered band
issued by the Division for captive-bred birds or a U. S. Fish and Wildlife Service permanent, non-reusable numbered band issued by
the Division for birds originating from the wild. An ISO
(International Organization for Standardization)-compliant (134.2
kHz) microchip may be implanted in addition to the band."
;
On page eight, by striking out all of subsection 10.3. and
inserting in lieu thereof a new subsection 10.3. to read as
follows:
"10.3. A permittee must report the loss or removal of any band
within five (5) days by filing a Federal form 3-186A either
electronically or in paper form. Lost bands must be replaced by a
permanent, nonreusable numbered band supplied by the division.
Upon remarking the raptor, the permittee shall immediately complete
and submit a Federal form 3-186A either electronically or on paper
reporting the new band."
;
On page nine, by striking out all of subsection 10.6. and
inserting in lieu thereof a new subsection 10.6. to read as
follows:
"10.6. A permittee shall remove and surrender to the division
any markers from an intentionally released raptor which is
indigenous to the state. A standard Federal band may be attached
to the birds at the discretion of the division prior to release.";
On page nine, subsection 11.1., by striking out the words
"
both the division and the U. S. Fish and Wildlife Service Regional
Law-Enforcement office"
and inserting in lieu thereof the words
"the division";
And,
On page nine, by striking out all of subsection 11.3. and
inserting in lieu thereof a new subsection 11.3. to read as
follows:
"11.3. Resident General or Master Falconers may take from the
wild any species of Falconiform, Accipitriform or Strigiform in
West Virginia except: eagles; peregrine falcon (Falco peregrines);
Northern harrier (Circus cyaneus); northern goshawk (Accipiter
gentilis); American rough-legged hawk (Buteo lagopus); barn owl
(Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio
flammeus); saw-whet owl (Aegolius acadicus); merlin (Falco
columbaris) eyases; and sharp-shinned hawk (Accipiter straitus)
eyases."
§64-10-5. Division of Labor.
(a)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section fifteen,
article one-a, chapter forty-seven, of this code, modified by the
Division of Labor to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
December 21, 2012, relating to the Division of Labor (bedding and
upholstered furniture, 42 CSR 12), is authorized with the following
amendment:
On page two, following subsection 3.6, by striking subsection
3.7 and renumbering the remaining subsections;
On page two, subsection 3.9, line two, following the word
"manufacturing" and the comma, by striking the word "importing" and
the comma;
On page three, subsection 5.1, line one, following the word
"manufacturing" and the comma, by striking the word "importing" and
the comma;
On page three, subsection 5.1, line three, following the word
"manufacturer" and the comma, by striking the word "importer" and
the comma;
On page three, subsection 6.1, line one, following the word
"manufacturer" and the comma, by striking the word "importer" and
the comma;
On page three, subsection 6.2, line one, following the word
"manufacturer", by striking the words "or importer";
One page five, subsection 9.3, line one, following the word
"manufacturer" and the comma, by striking the word "importer" and
the comma;
On page five, subdivision 10.1.1, following the word
"manufacturer", by striking the words "or importer";
On page ten, appendix C, line sixteen, by striking out the
misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";
On page eleven, appendix D, line twenty, by striking out the
misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";
On page fourteen, appendix G, line fourteen, by striking out
the misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";
And,
On page fifteen, appendix H, line thirteen, by striking out
the misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";
.
(b) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section three, article
ten, chapter twenty-one, of this code, modified by the Division of
Labor to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on December 21, 2012,
relating to the Division of Labor (Amusement Rides and Amusement
Attractions Safety Act, 42 CSR 17), is authorized with the
following amendments:
On pages three and four, by re-designating subdivisions
4.1.1., 4.1.2., 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8.,
4.1.9., 4.1.10. and 4.1.11., as 4.1.a., 4.1.b., 4.1.c., 4.1.d.,
4.1.e., 4.1.f., 4.1.g., 4.1.h., 4.1.i., 4.1.j. and 4.1.k.;
On page seven, subdivision 9.2.b., line two, after the word
"has", by striking out the word "of";
On page eight, subdivision 10.2.a., line two, after the word
"has", by striking out the word "of";
On page eleven, subsection 17.4, line two, following the words
"report of the", by inserting the word "serious";
On page eleven, subsection 17.5, line one, following the words
"document the", by striking the word "accident" and inserting in
lieu thereof the words "serious injury or fatality";
On page eleven, subsection 18.1, line two, following the words
"required by", by striking the words "this section of the rule" and inserting in lieu thereof the words "sections 15 or 17 of this
rule";
On page eleven, subsection 18.1, line three, following the
word "cessation" and the comma, by striking the words "imminent
danger notification" and the comma;
On page twelve, subsection 19.4, line three, following the
word "operation", by striking the words "is prohibited" and
inserting a colon;
On page twelve, by re-designating subdivisions 19.4.1 and
19.4.2 as 19.4.a. and 19.4.b.;
And,
On page twelve, by re-designating paragraphs 19.4.2.1.,
19.4.2.2.
, 19.4.2.3.
, 19.4.2.4.
, 19.4.2.5.
, 19.4.2.6. as 19.4.b.1.,
19.4.b.2.
, 19.4.b.3.
, 19.4.b.4.
, 19.4.b.5.
, 19.4.b.6.
(c)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section eleven, article
three-c, chapter twenty-one, of this code, modified by the Division
of Labor to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 21,
2012, relating to the Division of Labor (supervision of elevator
mechanics and apprentices, 42 CSR 21A), is authorized, with the
following amendments:
On page two, subsection 5.1., by un-striking the word "may"
and striking out the word "shall";
On page two, subsection 5.2., by un-striking the word "may"
and striking out the word "shall";
And,
On page six, subsection 9.2, line two, after the word "with",
by striking out the word "the".
(d)
The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section three, article
three-d, chapter twenty-one, of this code, modified by the Division
of Labor to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 21,
2012, relating to the Division of Labor (Crane Operator
Certification Act, 42 CSR 24), is authorized with the following
amendments:
On page two, subsection 3.5, line four, following the word
"November", by striking "10" and inserting in lieu thereof "14".
(e)
The legislative rule filed in the State Register on August
21, 2012, authorized under the authority of section three, article
three-d, chapter twenty-one, of this code, relating to the Division
of Labor (Crane Operator Certification Act - practical examination,
42 CSR 25), is authorized with the following amendment:
On page two, subsection 3.5, line five, following the word
"November", by striking "10" and inserting in lieu thereof "14";
And,
On page three, line fifteen, after the stricken subdivision
designation 4.5.d., by inserting the subdivision designation
4.4.d.."
The Committee on the Judiciary moves to amend the title of the
committee substitute as follows:
"A BILL to amend and reenact article 10, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Commerce; 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 with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; repealing the Development
Office to promulgate a legislative rule relating to the use of
coalbed methane severance tax proceeds;
authorizing the
Broadband Deployment Council to promulgate a legislative rule
relating to broadband deployment grants programs
;
authorizing
the Board of Miner Training, Education and Certification to
promulgate a legislative rule relating to the standards for
certification of coal mine electricians
;
authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to special boating
;
authorizing the Division of Natural Resources to promulgate a legislative rule relating to
special motorboating
;
authorizing the Division of Natural
Resources to promulgate a legislative rule relating to
defining the terms used in all hunting and trapping rules
;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to prohibitions when hunting and
trapping
;
authorizing the Division of Natural Resources to
promulgate a legislative rule relating to deer hunting
;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to general trapping
;
authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to special waterfowl hunting
;
authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to special fishing
;
authorizing the Division of
Natural Resources to promulgate a legislative rule relating to
falconry
;
authorizing the Division of Labor to promulgate a
legislative rule relating to bedding and upholstered
furniture
;
authorizing the Division of Labor to promulgate a
legislative rule relating to the Amusement Rides and Amusement
Attractions Safety Act
;
authorizing the Division of Labor to
promulgate a legislative rule relating to the supervision of
elevator mechanics and apprentices
;
authorizing the Division
of Labor to promulgate a legislative rule relating to the
Crane Operator Certification Act
; and
authorizing the Division
of Labor to promulgate a legislative rule relating to the
Crane Operator Certification Act - practical examination.
"