COMMITTEE SUBSTITUTE
FOR
H. B. 4110
(By Delegates Brown, D. Poling, Miley,
Talbott, Overington and Sobonya)
(Originating in the Committee on the Judiciary)
[February 19, 2010]
A BILL to amend and reenact article 10, chapter 64 of the code of
West Virginia, 1931, as amended, all 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 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 Natural
Resources to promulgate legislative rules relating to commercial whitewater outfitters (58 CSR 12), deer hunting
(58 CSR 50) and special fishing (58 CSR 61); authorizing the
Board of Trustees of the Outdoor Heritage Conservation Fund to
promulgate a legislative rule relating to the Outdoor Heritage
Conservation Fund (205 CSR 1); authorizing the Division of
Tourism to promulgate a legislative rule relating to direct
advertising grants program (144 CSR 1); authorizing the
Hatfield-McCoy Regional Recreation Authority to promulgate a
legislative rule relating to use of facilities (204 CSR 1);
and authorizing the Division of Energy to promulgate a
legislative rule relating to community development assessment
and real property valuation procedures for the Office of
Coalfield Community Development (207 CSR 1).
Be it enacted by the Legislature of West Virginia:
That article 10, chapter 64 of the code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Division of Natural Resources.
(a) The legislative rule filed in the state register on July
8, 2009, authorized under the authority of section twenty-three-a,
article two, chapter twenty, of this code, relating to the Division
of Natural Resources (commercial whitewater outfitters, 58 CSR 12),
is authorized.
(b) The legislative rule filed in the state register on July
10, 2009, 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 August
14, 2009, relating to the Division of Natural Resources (deer
hunting, 58 CSR 50), is authorized.
(c) The legislative rule filed in the state register on July
31, 2009, 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.
§64-10-2. Board of Trustees of the Outdoor Heritage Conservation
Fund.
The legislative rule filed in the state register on July 30,
2009, authorized under the authority of section six, article two-g,
chapter five-b, of this code, modified by the Board of Trustees of
the Outdoor Heritage Conservation Fund to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on September 21, 2009, relating to the Board of
Trustees of the Outdoor Heritage Conservation Fund (Outdoor
Heritage Conservation Fund, 205 CSR 1), is authorized.
§64-10-3. Division of Tourism.
The legislative rule filed in the state register on July 30,
2009, authorized under the authority of section nine, article two,
chapter five-b, of this code, relating to the Division of Tourism
(direct advertising grants program, 144 CSR 1), is authorized, with
the following amendments:
On page two, following subdivision 2.13.5., by inserting the following: "2.13.6. Destination Camping.";
On page four, subdivision 3.8.2., line three, following the
word "organizations", by deleting the words "may have";
On page four, subdivision 3.8.3., line one, following the word
"If" by striking the word "they", and inserting in lieu thereof the
following "the applicant and all of the partners";
On page four, subdivision 3.8.4., line one, following the word
"If", by striking the word "they are", and inserting in lieu
thereof the words "the applicant or any partner is";
On page four, subdivision 3.8.4., line two, following the word
"their", by inserting the word "respective";
On page four, subdivision 3.8.5., line three, by striking the
word "organization" and inserting in lieu thereof the word
"organizations";
On page nine, subdivision 9.1.4., line four, following the
word "reimbursement", by inserting the word "of";
And,
On page ten, subdivision 9.1.9., line four, by striking
"12.4.14" and inserting in lieu thereof "§12-4-14".
§64-10-4. Hatfield-McCoy Regional Recreation Authority.
The legislative rule filed in the state register on July 29,
2009, authorized under the authority of section five, article
fourteen, chapter twenty, of this code, relating to the Hatfield-
McCoy Regional Recreation Authority (rules for use of facilities,
204 CSR 1), is authorized with the following amendment:
On page six, subsection 4.4., by striking the last sentence of the subsection in its entirety.
§64-10-5. Division of Energy.
The legislative rule filed in the state register on July 31,
2009, authorized under the authority of section twelve, article
two-a, chapter five-b, of this code, modified by the Division of
Energy to meet the objections of the legislative rule-making review
committee and refiled in the state register on December 15, 2009,
relating to the Division of Energy (community development
assessment and real property valuation procedures for the Office of
Coalfield Community Development, 207 CSR 1), is authorized, with
the following amendments:
On page five, subdivision 5.4.d, line five, following the word
"chief", by inserting a comma and the words "appointed by the
director pursuant to W. Va. Code §5B-2A-4,";
On page five, subdivision 5.6.a, line one preceding the words
"An evaluation" by inserting the words "The office shall include";
On page five, subdivision 5.6.b, line one preceding the words
"The identification" by inserting the words "The office shall
include";
On page five, paragraph 5.6.c.1, line four, by striking the
words "coalfield community development statement" and inserting in
lieu thereof the words "the applicable county's master land use
plan";
On page six, section 5.7, line three, following the word
"existing" by striking the words "community development statements"
and inserting in lieu thereof the words "master land use plan";
On page six, section 5.7, line seven, following the word
"modification", by inserting "of the land use master plan";
On page six, section 5.7, line fourteen, following the word
"existing", by striking the words "community impact statement" and
inserting in lieu thereof the words "land use master plan";
On page six, section 5.7, line seventeen, following the word
"existing" by striking the words "community development statement"
and inserting in lieu thereof "master land use plan";
On page six, section 5.8, line two, following the word
"update" by striking the words "of this action report";
And,
On page seven, subdivision 6.5.g, line three, following the
word "statement", by inserting the words "on file with the Office".
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