COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 316
(By Senators Ross, Minard,
Snyder, Boley and Minear)
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[Originating in the Committee on the Judiciary;
reported February 27, 2003.]
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A BILL to amend and reenact article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; 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 division of forestry to promulgate legislative rule relating to sediment control during commercial timber harvesting operations; logger certification; authorizing division of forestry to promulgate legislative rule relating to sediment control during commercial timber harvesting operation; licensing; authorizing development office to promulgate legislative rule relating to community development assessment and real property valuation procedures for office of coalfield development; authorizing manufactured housing construction and safety standards board to promulgate legislative rule relating to board; authorizing division of labor to promulgate legislative rule relating to elevator safety act; authorizing division of labor to promulgate legislative rule relating to regulation of trade-- weights and measures; authorizing board of miner training, education and certification to promulgate legislative rule relating to standards for certification of coal mine electricians; authorizing division of natural resources to promulgate legislative rule relating to revocation of hunting and fishing licenses; authorizing division of natural resources to promulgate legislative rule relating to special boating; authorizing division of natural resources to promulgate legislative rule relating to prohibitions when hunting and trapping; authorizing division of natural resources to promulgate legislative rule relating to deer hunting; and authorizing division of natural resources to promulgate legislative rule relating to commercial sale of wildlife.

Be it enacted by the Legislature of West Virginia:
That article ten, 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 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Development office.

The legislative rule filed in the state register on the twenty-ninth day of July, two thousand two, authorized under the authority of section twelve, article two-a, chapter five-b of this code, modified by the department of environmental protection to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of January, two thousand three, relating to the department of environmental protection (community development assessment and real property valuation procedures for office of coal field development, 145 CSR 8), is authorized.

§64-10-3. Division of labor.

(a) The legislative rule filed in the state register on the ninth day of July, two thousand two, 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 the eighth day of November, two thousand two, relating to the division of labor (elevator safety act, 42 CSR 21), is authorized.
(b) The legislative rule filed in the state register on the nineteenth day of July, two thousand two, authorized under the authority of section three, article one, 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 the eighth day of November, two thousand two, relating to the division of labor (regulation of trade--weights and measures, 42 CSR 22), is authorized.

§64-10-4. Manufactured housing construction and safety standards board.

The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section four, article nine, chapter twenty-one of this code, relating to the manufactured housing construction and safety standards board (West Virginia manufactured housing construction and safety standards board, 42 CSR 19), is authorized.

§64-10-5. Division of natural resources.

(a) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 the first day of October, two thousand two, relating to the division of natural resources (revocation of hunting and fishing licenses, 58 CSR 23), is authorized.
(b) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section twenty-two, article seven, chapter twenty of this code, relating to the division of natural resources (special boating, 58 CSR 26), is authorized.
(c) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 legislature rule-making review committee and refiled in the state register on the twenty-seventh day of September, two thousand two, relating to the division of natural resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized with the following amendment:
On page six, section five, line twenty-one, after the word "authorized" by striking out the period and inserting in lieu thereof a coma and the words "with the following amendment:
On page 2, by striking out all of subdivision 3.6.1 and inserting in lieu thereof a new subdivision 3.6.1, to read as follows:
3.6.1. It is illegal to take, or attempt to take, by the aid of baiting any game animal or game bird on any public lands at any time.
And,
On page 3, by striking out all of subdivision 3.15.2 and inserting in lieu thereof a new subdivision 3.15.2, to read as follows:
3.15.2. The applicant shall authorize, by written release, his or her medical provider to disclose to the director of the Division of Natural Resources and the medical provider shall, upon receipt of the written release, disclose to the director of the Division of Natural Resources, that portion of the applicant's medical records which substantiates the applicant's physical impairment qualifying the applicant for the issuance of a special permit for use of a modified bow. The director shall: restrict access to medical records submitted to him or her; maintain the records in a secure locked cabinet; and not share this information with other federal, state or local agencies or entities, or any register or data bank."
(d) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, 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 the twenty-seventh day of September, two thousand two, relating to the division of natural resources (deer hunting, 58 CSR 50), is authorized.
(e) The legislative rule filed in the state register on the eighteenth day of November, two thousand two, authorized under the authority of section eleven, article two, 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 the twenty-third day of December, two thousand two, relating to the division of natural resources (commercial sale of wildlife, 58 CSR 63), is authorized with the amendment set forth below:
"On page 4 by striking out all of Subsection 4.7 and renumbering the remaining subsection".

§64-10-6. Division of forestry.

(a) The legislative rule filed in the state register on the twenty-third day of July, two thousand two, under the authority of section four, article one-b, chapter nineteen of this code, modified by the division of forestry to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth day of December, two thousand two, relating to the division of forestry (sediment control during commercial timber harvesting operations - logger certification, 22 CSR 3), is authorized.
(b) The legislative rule filed in the state register on the twenty-third day of July, two thousand two, under the authority of section four, article one-b, chapter nineteen of this code, modified by the division of forestry to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifth day of December, two thousand two, relating to the division of forestry (sediment control during commercial timber harvesting operations - logger certification, 22 CSR 3), is authorized.
§64-10-7. Board of miner training, education and certification.
The legislative rule filed in the state register on the thirteenth day of September, two thousand one, under the authority of section five, article seven, chapter twenty-two-a of this code, modified by the board of miner training, education and certification to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirty- first day of May, two thousand two, relating to the board of miner training, education and certification (standards for certification of coal mine electricians, 48 CSR 7), is authorized.