COMMITTEE SUBSTITUTE
FOR
H. B. 2535
(By Delegates Hunt, Linch, Compton, Faircloth, Jenkins and Riggs)
(Originating in the Committee on the Judiciary)
[February 23, 1999]
A BILL to amend and reenact sections one, two, three and four,
article ten, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, 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 and administrative agencies of the
state; authorizing certain of the agencies to promulgate
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
disapproving certain agency legislative rules as proposed by
the agency; authorizing division of natural resources to
promulgate a legislative rule relating to the recycling
assistance fund grant program; authorizing division of natural resources to promulgate a legislative rule relating to general
trapping regulations; authorizing the manufactured housing
construction and safety standards board to promulgate a
legislative rule relating to the board; authorizing the
division of labor to promulgate a legislative rule relating to
the crane operator certification act; and authorizing the
economic development authority to promulgate a legislative
rule relating to the general administration of the application
procedures of the West Virginia capital company act.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three and four, article ten, chapter
sixty-four of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all 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 the
thirty-first day of July, one thousand nine hundred ninety-eight,
authorized by section five, article eleven, 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 twentieth of November, one
thousand nine hundred ninety-eight, relating to the division of natural resources (recycling assistance fund grant program, 58 CSR
5) is authorized.
(b) The legislative rule filed in the state register on the
second day of July, one thousand nine hundred ninety-eight,
authorized by 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-third day of July, one
thousand nine hundred ninety-eight, relating to the division of
natural resources (general trapping regulations, 58 CSR 53), is
authorized.
§64-10-2. Manufactured housing construction and safety standards
board.
The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-eight,
under the authority of section four, article nine, chapter twenty- one, of this code, modified by the manufactured housing
construction and safety standards board to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the second day of October, one thousand nine
hundred ninety-eight, relating to the manufactured housing
construction and safety standards board (manufactured housing
construction and safety standards board, 42 CSR 19), is disapproved
and not authorized.
§64-10-3. Division of labor.
The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-eight,
authorized under the authority of section three, article three-d,
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 second day of
October, one thousand nine hundred ninety-eight, relating to the
division of labor (crane operator certification act, 42 CSR 24), is
authorized.
§64-10-4.
Economic development authority.
The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-eight,
under the authority of section five, article one, chapter five-e,
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 fifth day of November, one
thousand nine hundred ninety-eight, relating to the economic
development authority (general administration of the West Virginia
capital company act; establishment of the application procedures to
implement the act, 117 CSR 1), is authorized.
Article ten is reenacted to authorize and disapprove
promulgation of legislative rules of the bureau of commerce and
contains no underlines or strike-throughs.
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