WEST virginia Legislature

2016 regular session

Introduced

House Bill 4589

By Delegate Manchin

[Introduced February 17, 2016; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §64-10-3 of the Code of West Virginia, 1931, as amended, relating to reauthorizing, with amendment, the legislative rule contained in title twenty-eight, series two of the Code of State Rules relating to the Contractors Licensing Act (28 CSR 2); and modifying the definition of remodeling and repair contractor.

Be it enacted by the Legislature of West Virginia:

That §64-10-3 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.

§64-10-3. Division of Labor.

(a) The legislative rule filed in the State Register on July 30, 2014, 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 2, 2014, relating to the Division of Labor (Amusement Rides and Amusement Attractions Safety Act, 42 CSR 17), is authorized with the amendments set forth below:

On page 2, subsection 3.14, after the word Aguardian@ by adding Aor their spouses@;

On page 3, subsection 3.25, by striking the words Aat least a 20%” and inserting in lieu thereof Aany percentage@;

And,

On page 13, after the words AArticle 525@ by adding the following proviso:

‘Provided, That a three phase four wire system that is grounded at the power source and constructed in accordance with the NFPA70, 2014 National Electrical Code, Article 522 and Article 525 is approved for any area of the state where a three phase five wire system is unavailable.@

(b) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section eleven, article six, 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 2, 2014, relating to the Division of Labor (child labor, 42 CSR 9), is authorized.

(c) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section four, article fourteen, 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 2, 2014, relating to the Division of Labor (supervision of plumbing work, 42 CSR 32), is authorized.

(d) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section three, article one-b, 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 29, 2014, relating to the Division of Labor (Verifying the Legal Employment Status of Workers, 42 CSR 31), is authorized with the amendments set forth below:

On page two, subsection 3.7, after the word Awork@ by adding the words Afor compensation@;

And

On page three, subsection 4.2, after the word Anot@ by inserting the word Aknowingly@.

(e) The legislative rule filed in the State Register on July 30, 2014, authorized under the authority of section five, article sixteen, 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 2, 2014, relating to the Division of Labor (regulation of heating, venting and cooling work, 42 CSR 34), is authorized with the following amendments:

>On page 2, subsection 3.6. by striking all of subsection 3.6.;

And,

 On page 2, subsection 6.2., after the word ACommissioner@, by striking the word Amay@ and inserting in lieu thereof the word Ashall@;

And,

 On page 2, subdivision 6.2.3.a by inserting a period after the word, Aprogram@ and striking the remainder of the sentence and subdivision 6.2.3.b;

 On page 4, subsection 10.3., after the word Arule@ by inserting the following: Athat are applicable to the duties and knowledge required by an HVAC technician for the installation, repair and maintenance of HVAC@;

And,

 On page 5, section 11, by striking all of subsections 11.4. and 11.5.;

And,

 On page 6, subsection 13.1., after the word Alicense@ by inserting the following:

 A Provided, That no fee may be charged for an HVAC technician license for a person who holds an HVAC contractor=s license pursuant to article eleven, chapter twenty-one of the W. Va. Code.@

(f) The legislative rule filed in the State Register on July 30, 2014, 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 December 2, 2014, relating to the Division of Labor (weights and measures calibration fees, 42 CSR 26), is authorized with the amendment set forth below:

On page five, Appendix A, column one, by striking out AProver - from 5 to 49 gallons@ and inserting in lieu thereof AProver - from 6 to 49 gallons@.

(g) The legislative rule contained in title twenty-eight, series two, and filed in the State Register on May 13, 2005, authorized under the authority of section five, article eleven, chapter twenty-one of this code, relating to the Contractor Licensing Board (West Virginia Contractor Licensing Act, 28 CSR 2), is reauthorized with the following amendment:

On page seven, subsection 3.29, by striking out $15,000.00 and inserting in lieu thereof the $50,000.00.

NOTE: The purpose of this bill is to reauthorize the legislative rule filed in the State Register on May 13, 2005, relating to the Contractor Licensing Board (West Virginia Contractor Licensing Act, 28 CSR 2), with an amendment.  The amendment would modify the definition of remodeling and repair contractor.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.