Committee Substitute
House Bill 2170 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Committee Substitute
|
| Email
Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 2170
(By Delegates Brown, D. Poling, Talbott,
Miley, Overington and Sobonya)
(Originating in the Committee on the Judiciary)
[March 27, 2009]
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 Development Office to
promulgate a legislative rule relating to brownfield economic development districts
;
authorizing the Division of Labor to
promulgate a legislative rule relating to packaging and
labeling
;
authorizing the Division of Labor to promulgate a
legislative rule relating to a method of sale of commodities
;
authorizing the Division of Labor to promulgate a legislative
rule relating to the West Virginia Manufactured Housing
Construction and Safety Standards Board
;
authorizing the
Division of Labor to promulgate a legislative rule relating to
weights and measures calibration fees
;
authorizing the
Division of Labor to promulgate a legislative rule relating to
standards for weights and measures inspectors adoption of
National Conference of Weights and Measures (NCWM) Handbook
130, 1987 edition
;
authorizing the Division of Labor to
promulgate a legislative rule relating to the Amusement Rides
and Attractions Safety Act
; authorizing the Division of Labor
to promulgate a legislative rule relating to the Elevator
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
Natural Resources to promulgate a legislative rule relating to
boating
; 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 lifetime hunting, trapping and
fishing licenses
; authorizing the Division of Natural
Resources to promulgate a legislative rule relating to hunting, trapping and fishing license and stamp fees
;
authorizing the Division of Tourism to promulgate a
legislative rule relating to the direct advertising grants
program
.
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. Development Office.
The legislative rule filed in the state register on the
fifteenth day of August, two thousand eight, authorized under the
authority of section six-a, article two, chapter five-b, of this
code, modified by the Development Office to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twentieth day of February, two thousand nine,
relating to the Development Office (brownfield economic development
districts, 145 CSR 11), is authorized.
§64-10-2. Division of Labor.
(a)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, authorized under
the authority of section three, article one, chapter forty-seven,
of this code, relating to the Division of Labor (packaging and
labeling, 42 CSR 10), is authorized.
(b)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, authorized under the authority of section three, article one, chapter forty-seven,
of this code, relating to the Division of Labor (method of sale of
commodities, 42 CSR 11), is authorized.
(c)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, authorized under
the authority of section four, article nine, chapter twenty-one, of
this code, relating to the Division of Labor (West Virginia
Manufactured Housing Construction and Safety Standards Board, 42
CSR 19), is authorized.
(d)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, authorized under
the authority of section three, article one, chapter forty-seven,
of this code, relating to the Division of Labor (weights and
measures calibration fees, 42 CSR 26), is authorized.
(e)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, 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 twenty-first day of November,
two thousand eight, relating to the Division of Labor (standards
for weights and measures inspectors adoption of National Conference
of Weights and Measures (NCWM) Handbook 130, 1987 edition, 42 CSR
16), is authorized.
(f)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, 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 the twenty-first day of November, two thousand
eight, relating to the Division of Labor (Amusement Rides and
Attractions Safety Act, 42 CSR 17), is authorized.
(g)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, 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 twenty-first day of November,
two thousand eight, relating to the Division of Labor (Elevator
Safety Act, 42 CSR 21), is authorized.
(h)
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand eight, 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 twenty-sixth day of January,
two thousand nine, relating to the Division of Labor (supervision
of elevator mechanics and apprentices, 42 CSR 21A), is authorized,
with the following amendment:
On page 3, paragraph 6.1.d.1., after the words "previous
employers" by striking out the words "licensed to do business in
this state";
On page 4, subsection 7.3., after the words "An elevator
mechanic" by reinserting the stricken word "may" and striking out
the underlined word "shall", and after the words "only under the"
by striking out the word "direct", and after the words "licensed
elevator mechanic" by striking out the period and inserting in lieu
thereof a comma and the words "as specifically set forth in West
Virginia Code § 21-3C-10a(c).";
On page 4, subdivisions 7.3.1. and 7.3.2, by striking out
subdivisions 7.3.1 and 7.3.2 in their entirety;
On page 6, subdivision 10.3, after the words "the
commissioner" by striking out the word "may";
On page 6, subdivision 12.1, after the words "state that has"
by inserting the words "requirements substantially equivalent to
those provided for by W. Va. Code §21-3C-1 et seq. and this rule,
and has";
On page 7, subdivision 15.2, after the words "upon observing"
by inserting the words "or learning of";
On page 8, paragraph (a), after the words "The name" by
striking out the words "and address";
On page 8, paragraph (b), after the word "alleged" by striking
out the words "unlawful act" and inserting in lieu thereof the word
"infraction";
On page 8, paragraph (c), after the word "alleged" by striking
out the words "unlawful act" and inserting in lieu thereof the word
"infraction";
And,
On page 8, paragraph (d), after the word "alleged" by striking
out the words "unlawful act" and inserting in lieu thereof the word
"infraction".
§64-10-3. Division of Natural Resources.
(a) The legislative rule filed in the state register on the
thirtieth day of July, two thousand eight, authorized under the
authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (boating, 58
CSR 25), is authorized.
(b)The legislative rule filed in the state register on the
thirtieth day of July, two thousand eight, authorized under the
authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (deer hunting,
58 CSR 50), is authorized.
(c)
The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand eight, authorized under the
authority of section seven, article two-b, chapter twenty, of this
code, relating to the Division of Natural Resources (lifetime
hunting, trapping and fishing licenses, 58 CSR 67), is authorized.
(d)
The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand eight, authorized under the
authority of section forty-two, 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 eighth day of September, two
thousand eight, relating to the Division of Natural Resources (hunting, trapping and fishing license and stamp fees, 58 CSR 71),
is authorized.
§64-10-4. Division of Tourism.
The legislative rule filed in the state register on the first
day of August, two thousand eight, 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.