Enrolled Committee Substitute
House Bill 4255 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4255
(By Delegates Brown, Miley, Burdiss,
Talbott and
Overington)
[Passed March 6, 2008; in effect from passage.]
AN ACT
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 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;
relating to authorizing the Division of Labor to
promulgate a legislative rule relating to steam boiler
inspection
;
authorizing the Division of Labor to promulgate a
legislative rule relating to verifying the legal employment
status of workers
;
authorizing the Division of Labor to
promulgate a legislative rule relating to the supervision of
plumbing work
;
authorizing the Office of Miners' Health,
Safety and Training to promulgate a legislative rule relating
to the criteria and standards for alternative training
programs for apprentice coal mine electricians
;
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 revocation of hunting and fishing
licenses
;
authorizing the Division of Natural Resources to
promulgate a legislative rule relating to special boating
rules
;
authorizing the Division of Natural Resources to
promulgate a legislative rule relating to conditions upon
which oil and gas operators may access state forests
; and
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to wildlife scientific collection
permits
.
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. Division of Labor.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven, article three, 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 seventh day of December, two
thousand seven, relating to the Division of Labor (steam boiler
inspection, 42 CSR 3), is authorized.
(b)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 the seventh day of December, two
thousand seven, relating to the Division of Labor (verifying the
legal employment status of workers, 42 CSR 31), is authorized
with
the following amendment:
On page one, subsection 3.8., after the word "employer", by
striking out the words "as defined in this rule";
On page two, section 4, by striking out the subsection
designation "4.1.";
On page two, section 4 by striking out subsection 4.2 in its
entirety;
On page two, subsection 5.1., by striking out the word "have"
and inserting in lieu thereof the word "maintain";
On page three, subsection 6.5., by striking out subdivision
6.5.a. in its entirety and by striking out the subdivision
designation "b.";
On page three, subsection 6.6. by striking out the subdivision
designation "a." and by striking out subdivision 6.6.b. in its
entirety;
On pages three and four, by striking out subsection 7.1. in
its entirety and inserting in lieu thereof the following:
"7.1. The Commissioner may ask the Bureau of Employment
programs, the Division of Motor Vehicles or any other state agency
for assistance in confirming the validity of an employee's legal
status or authorization to work.";
And,
On page four, by striking out section 8 in its entirety.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 the seventh day of December, two
thousand seven, relating to the Division of Labor (supervision of
plumbing work, 42 CSR 32), is authorized with the following
amendment:
On page two, subsection 7.2, at the beginning of the first sentence in the subsection, by inserting the words "Subject to the
provisions of subsection 6.2 of this rule,";
On page three, subsection 8.1, at the end of the subsection,
by inserting the words: "The Commissioner may, on his or her own
motion, conduct an investigation to determine whether there are any
grounds for disciplinary action against a licensee. The
Commissioner shall, upon the written complaint of any person,
conduct an investigation to determine whether there are any grounds
for disciplinary action against a licensee. The Commissioner may
provide a form for this purpose, but a complaint may be filed in
any form. The Commissioner shall provide a copy of the complaint
to the licensee.";
On page four, section 9, by striking out the subsection in its
entirety and inserting in lieu thereof a new section 9, to read as
follows:
"§42-32-9. Cease and desist orders; penalties; appeals.
9.1The Commissioner may issue a cease and desist order to
any person performing or offering to perform plumbing work without
a license issued by the Commissioner. Any person continuing to
engage in plumbing work after the issuance of a cease and desist
order is subject to the penalties set forth in W. Va. Code §21-14-
7.
9.2Any person adversely affected by an action of the
Commissioner may appeal the action pursuant to the provisions of W.
Va. Code §29A-5."; and
On page four, by renumbering section 12 as section 11.
§64-10-2. Office of Miners' Health, Safety and Training.
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section five, article seven, chapter twenty-two-a,
of this code, modified by the Office of Miners' Health, Safety and
Training to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the
fourteenth day of December, two thousand seven, relating to the
Office of Miners' Health, Safety and Training (criteria and
standards for alternative training programs for apprentice coal
mine electricians, 48 CSR 8), is authorized.
§64-10-3. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section twenty-three-a, 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 fifth day of
November, two thousand seven, relating to the Division of Natural
Resources (commercial whitewater outfitters, 58 CSR 12), is
authorized with the following amendments:
On page six, subsection 5.2, by striking out the subsection in
its entirety and inserting lieu there of the following language:
"5.2 Fee Amount.
5.2.1. The study and improvement fee is thirty-five cents
($.35) for each customer transported on a commercial whitewater trip in study zones on the Cheat, New, Shenandoah and Tygart Valley
Rivers.
5.2.2. The study and improvement fee is seventy cents ($.70)
for each customer transported on a commercial whitewater trip in
study zones on the Gauley River.
5.2.3. If a commercial whitewater trip exceeds one day in
duration, the appropriate fee shall be collected for each day, or
part of a day, of the trip."
On page six, by striking out
subsection 5.4, including
subdivisions 5.41 and 5.4.2, in their entirety, and inserting
in lieu thereof the following language:
"5.4.
Gauley River Study and Improvement Fee:
5.4.1. For the purpose of improving and promoting the
whitewater industry on the Gauley River, one-half of all study and
improvement fees collected pursuant to subdivision 5.2.2 of this
rule shall be used to stock the Gauley River with trout during the
spring and fall seasons of each year to mitigate the loss of
fishing opportunities resulting from the additional water volume on
the Gauley River. The Whitewater Commission may hire
a
private
contractor to administer the trout stocking program.
5.4.2. The Whitewater Commission shall review the amount of
the study and improvement fee collected pursuant to subdivision
5.2.2 of this rule every four years to determine whether the fee is
sufficient to assure adequate funding
for
the trout stocking
program."
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, 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 fifth day of November, two
thousand seven, relating to the Division of Natural Resources
(revocation of hunting and fishing licenses, 58 CSR 23), is
authorized.
(c)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven, article one, chapter twenty, of
this code, relating to the Division of Natural Resources (special
boating rules, 58 CSR 26), is authorized.
(d)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, 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 fifteenth day of January, two
thousand eight, relating to the Division of Natural Resources
(conditions upon which oil and gas operators may access state
forests, 58 CSR 35), is authorized.
(e) The legislative rule filed in the State Register on the
nineteenth day of July, two thousand seven, 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 fifth day of November, two
thousand seven, relating to the Division of Natural Resources
(wildlife scientific collection permits, 58 CSR 42), is authorized.