Committee Substitute
House Bill 2718 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
H. B. 2718
(
By Delegates Mahan, Palumbo,
Cann, Pino, Armstead and Overington
)
(Originating in the Committee on the Judiciary)
[March 28, 2005]
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 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 Economic Development
Authority to promulgate a legislative rule relating to the
high-growth business investment tax credit
;
authorizing the
Bureau of Employment Programs to promulgate a legislative rule
relating to implementing the requirement that prohibits
agencies from granting, issuing or renewing contracts,
licenses, permits, certificates or other authority to conduct
a trade, profession or business
;
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 weights and measures
calibration fees
;
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 Natural Resources to promulgate a
legislative rule relating to commercial whitewater outfitters
;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to the commercial sale of wildlife
;
and authorizing the Division of Natural Resources to
promulgate a legislative rule relating to the revocation of
hunting and fishing licenses.
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. Economic development authority.
The legislative rule filed in the state register on the
twenty-fourth day of August, two thousand four, under the authority
of section nine, article thirteen-u, chapter eleven, of this code,
modified by the Economic Development Authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the first day of February, two
thousand five, relating to the Economic Development Authority
(high-growth business investment tax credit, 117 CSR 5), is
authorized, with the following amendments:
On page three, section three, line 4, by striking all of
sections 3.2.b., 3.2.c. and 3.2.c.1 and inserting in lieu thereof
the following:
"3.2.b. The Authority may not allocate more than fifty
thousand dollars of this tax credit to an eligible taxpayer in a
fiscal year.
3.2.c. Any unused portion of the tax credit may be carried
forward to succeeding taxable years until the expiration of the
fourth taxable year after the taxable year in which the investment
was made. The tax credit remaining thereafter is forfeited.";
and
On page three, section three, line 18, following the word
"The" by striking the word "Statute" and inserting in lieu thereof
the word "tax credit".
§64-10-2. Bureau of Employment Programs.
The legislative rule filed in the state register on the
nineteenth day of March, two thousand four, under the authority of
section six, article two, chapter twenty-one-a, of this code,
modified by the Bureau of Employment Programs to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of June, two
thousand four, relating to the Bureau of Employment Programs
(implementing the requirement that prohibits agencies from
granting, issuing or renewing contracts, licenses, permits,
certificates or other authority to conduct a trade, profession or
business, 96 CSR 1), is authorized, with the following amendment:
On page five, section five, line 1, following the word "The"
by striking the word "authorizing" and inserting the word
"approval".
§64-10-3. Division of labor.
(a) The legislative rule filed in the state register on the
twelfth day of August, two thousand four, 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 sixteenth day of February, two thousand five,
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
twelfth day of August, two thousand four, under the authority of
section twenty, 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 sixteenth day of February, two thousand five,
relating to the Division of Labor (weights and measures calibration
fees, 42 CSR 26), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, 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.
§64-10-4. Division of Natural Resources
.
(a) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, 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 the twenty-third day of August, two thousand four, under the authority
of section seven, article thirty-six, chapter twenty, of this code,
relating to the Division of Natural Resources (commercial sale of
wildlife, 58 CSR 63), is authorized.
(c) The legislative rule filed in the state register on the
twelfth day of August, two thousand four, 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 seventeenth day of November, two thousand four,
relating to the Division of Natural Resources (revocation of
hunting and fishing licenses, 58 CSR 23), is authorized.