ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 350
(Senators Ross, Minard,
Snyder, Unger, Boley and Minear, original sponsors)
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[Passed March 13, 2004; in effect from passage.]
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AN ACT to amend and reenact article 10, chapter 64 of the code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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; disapproving certain
legislative rules; authorizing the economic development
authority to promulgate a legislative rule relating to the
general administration of the West Virginia venture capital
act; authorizing the economic development authority to
promulgate a legislative rule relating to economic development
and technology advancement centers; authorizing the
infrastructure and jobs development council to promulgate a
legislative rule relating to council; authorizing the division
of labor to promulgate a legislative rule relating to
psychophysiological detection of deception examinations;
disapproving the manufactured housing construction and safety
standards board to promulgate a legislative rule relating to
the board; authorizing the office of miners' health, safety
and training to promulgate a legislative rule relating to
reporting requirements for independent contractors;
authorizing the division of natural resources to promulgate a
legislative rule relating to public land corporation rule
controlling sale, lease, exchange or transfer of land and
minerals; authorizing the division of natural resources to
promulgate a legislative rule relating to revocation of
hunting and fishing licenses; authorizing the division of
natural resources to promulgate a legislative rule relating to
special motorboating regulations; and authorizing the division
of natural resources to promulgate a legislative rule relating to special fishing.
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.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section three, article two, 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 twenty-second day of December,
two thousand three, relating to the economic development authority
(general administration of the West Virginia venture capital act,
117 CSR 3), is authorized with the following amendments:
On page one, subsection 1.5, after the words "Series 3," by
striking out the remainder of the sentence and inserting in lieu
thereof the words "§117-3-1, et seq.";
On page two, section two, subsection 2.10, line 3, by striking
the word "Subdivision" and inserting the word "Subsection";
On page four, section four, subdivision 4.2.a, line 3,
following the word "with" by striking the word "Subdivision" and
inserting the word "Subsection";
On page six, subdivision 5.2.c.9., line one by striking the
words "A signed commitment" and inserting in lieu thereof the words "An irrevocable letter of credit";
On page six, paragraph 5.2.c.9, line three, after the words
"certified check for", by striking out the word "the" and inserting
in lieu thereof the word "any", and after the word "call", by
striking out the comma and the words "if required by the
Authority";
On page six, subdivision 5.2.c.9, line three, following the
words "by the authority", by inserting a colon and the words
"Provided, That the economic development authority may authorize a
reduction in the amount of the irrevocable letter of credit to
correspond to a payment made towards the proposed investment";
On page twelve, subdivision 7.4.1, line six, after the words
"applicable where", by striking out the remainder of the
subdivision and inserting in lieu thereof the words "the Fund
Manager's economic relationship is solely the result of the fact
that the Fund Manager has made a previous investment in the West
Virginia Business pursuant to the Act or this Rule.";
On page twelve, subdivision 7.4.2, line seven, after the words
"applicable where", by striking out the remainder of the
subdivision and inserting in lieu thereof the words "the investor's
economic relationship is solely the result of the fact that the
Fund Manager has made a previous investment in the West Virginia
Business pursuant to the Act or this Rule.";
And,
On page sixteen, section ten, subsection 10.10, line 1,
following the words "described in" by striking the words "Section 10" and inserting "this section".
(b) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized 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 twenty-second day of December,
two thousand three, relating to the economic development authority
(economic development and technology advancement centers, 117 CSR
4), is authorized
with the following amendments:
On page five, section four, subdivision 4.1.2, line 1,
following the word "Per" by striking the word "Investor" and
inserting the word "Center";
On page five, section four, subdivision 4.1.2, line 1,
following the word "single" by striking the words "Investor in a
Center" and inserting the word "Center";
On page five, section four, subsection 4.3, line 7, following
the word "subdivision" by striking "6.4.f" and inserting
"4.4.f";
And,
On page nine, section six, subsection 6.8, following the words
"described in" by striking the word "Sections" and inserting the
word "Subsections."
.
§64-10-2. Infrastructure and jobs development council.
The legislative rule filed in the state register on the
twenty-third day of June, two thousand three, authorized under the authority of section four, article fifteen-a, chapter thirty-one of
this code, modified by the infrastructure and jobs development
council to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
fourteenth day of August, two thousand three, relating to the
infrastructure and jobs development council (infrastructure and
jobs development council, 167 CSR 1), is authorized with the
following amendments:
On page nine, section five, subdivision 5.13.6, line 9,
following the citation "WVC 22C-2-1 et. seq." by inserting words
"and WVC 16-13C-1 et seq.";
On page nine, section five, subdivision 5.13.6, line 11,
following the word "State" by striking the words "as delineated";
And,
On page nine, section five, subdivision 5.13.6, line 13,
following the word "Code" by striking the word "in".
§64-10-3. Division of labor.
The legislative rule filed in the state register on the first
day of August, two thousand three, authorized under the authority
of section five-c, article five, 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 fifth day of December, two thousand three, relating
to the division of labor (psychophysiological detection of
deception examinations, limitations of use, requirements, licenses
and penalties, 42 CSR 6), is authorized with the following amendments:
On page one, subsection 1.1, line one, after the words "W. Va.
Code", by striking out the words "§21-5-5(c)" and inserting in lieu
thereof the words "§21-5-5c";
On page one, subsection 1.1, line three, after the words "W.
Va. Code", by striking out the words "§21-5-5(a)-(d)" and inserting
in lieu thereof the words "§§21-5-5a, -5b, -5c, and -5d";
On page one, subsection 2.4, line three, after the words "W.
Va. Code", by striking out the words "§21-5-5c(c)" and inserting in
lieu thereof the words "§§21-5-5a, -5b, -5c, and -5d";
On page two, subsection 3.1, line two, after the words "issue
a license", by striking out the word "to";
On page two, subsection 3.1, line five, after the words "W.
Va. Code", by striking out the words "§21-5-5a, b, c, and d" and
inserting in lieu thereof the words "§§21-5-5a, -5b, -5c, and -5d";
On page two, subsection 3.3, line one, after the words
"Subsection 3.2", by inserting the words "of this section";
On page three, subdivision 3.10(b), line one, after the words
"in the violation of.", by striking out the words "this article"
and inserting in lieu thereof the words "W. Va. Code §§21-5-5a, -
5b, -5c, and -5d";
On page three, subdivision 3.10(c), line one, after the words
"The licensee", by striking out the word "is" and inserting in lieu
thereof the words "has been";
On page three, subdivision 3.10(d), line one, after the words
"The licensee", by striking out the word "makes" and inserting in lieu thereof the words "has been", and after the words "false
promises", by striking out the word "cause" and inserting in lieu
thereof the words "has caused";
On page four, subdivision 3.10(f), line one, after the words
"The licensee", by striking out the word "allows" and inserting in
lieu thereof the words "has allowed";
On page four, subdivision 3.10(g), line one, after the words
"The licensee", by striking out the word "fails" and inserting in
lieu thereof the words "has failed";
On page four, subdivision 4.2, line one, after the words "The
intern", by striking out the words "shall have" and inserting in
lieu thereof the word "has";
On page four, subparagraph 4.2.1.b.(1), line one, after the
words "W. Va. Code", by striking out the words "§21-5-5a, b, c, and
d" and inserting in lieu thereof the words "§§21-5-5a, -5b, -5c,
and -5d";
On page six, paragraph 4.2.3.A, line three, after the word
"but", by striking out the word "compliance" and inserting in lieu
thereof the words "must comply" and, after the words "with all
other", by striking out the rest of the paragraph and inserting in
lieu thereof the words "requirements of this subsection";
On page six, subsection 5.1, line one, after the words "issue
a license", by inserting the words "without examination" and, after
the words "applicant who is", by striking out the words "an
examiner" and inserting in lieu thereof the word "a";
On page six, subsection 5.1, line two, after the word "licensed", by inserting the word "examiner";
On page six, subsection 5.1, line three, by striking out the
words "without examination";
On page seven, section 6, line two, by striking out the words
"this article, it is the policy of the Commissioner that" and
inserting in lieu thereof the words "W. Va. Code §§21-5-5a, -5b, -
5c, and -5d,";
On page eight, subdivision 8.1.(b), line three, after the
words "unfit for the", by striking out the word "an";
And,
On page nine, subdivision 8.2.(c), line two, after the words
"record of the", by striking out the term "PDD" and inserting in
lieu thereof the words "psychophysiological detection of
deception".
§64-10-4. Manufactured housing construction and safety standards
board.
The legislative rule filed in the state register on the first
day of August, two thousand three, authorized 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
fifth day of December, two thousand three, relating to the
manufactured housing construction and safety standards board (West
Virginia manufactured housing construction and safety standards
board, 42 CSR 19), is not authorized.
§64-10-5. Office of miners health, safety and training.
The legislative rule filed in the state register on the eighth
day of November, two thousand two, authorized under the authority
of section six, article one, 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 April,
two thousand three, relating to the office of miners health, safety
and training (reporting requirements for independent contractors,
56 CSR 10), is authorized.
§64-10-6. Division of natural resources.
(a) The legislative rule filed in the state register on the
eleventh day of September, two thousand three, 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 twenty-sixth day of January,
two thousand four, relating to the division of natural resources
(public land corporation rule controlling the sale, lease, exchange
or transfer of land and minerals, 58 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
second day of July, two thousand three, 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 September, two thousand three, relating to the division of natural resources
(revocation of hunting and fishing licenses, 58 CSR 23), is
authorized
with the following amendment:
On page 1, subsection 2.4, on the first line by striking out
the words "Class A-1-L" and inserting in lieu thereof the words
"Lifetime Class A-1".
(c) The legislative rule filed in the state register on the
tenth day of July, two thousand three, authorized under the
authority of section twenty-two, article seven, chapter twenty of
this code, relating to the division of natural resources (special
motorboating regulations, 58 CSR 27), is authorized.
(d) The legislative rule filed in the state register on the
fourteenth day of July, two thousand three, authorized under the
authority of section seventeen, article one, chapter twenty of this
code, relating to the division of natural resources (special
fishing, 58 CSR 61), is authorized with the following amendment:
On page one, section 3, by striking out all of subsection 3.1
and renumbering the remaining subsections.
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