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Enrolled Version - Final Version House Bill 4200 History

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Key: Green = existing Code. Red = new code to be enacted
ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4200

(By Delegates Mahan, R. Thompson, Cann,

Kominar, Armstead and Faircloth )

[Passed March 11, 2004; in effect from passage.]



AN ACT to amend and reenact article 6, 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 fire marshal to promulgate a legislative rule relating to the certification of electrical inspectors ; authorizing the fire marshal to promulgate a legislative rule relating to fees for licenses, permits, inspections, plans review and other services rendered ; and authorizing the state police to promulgate a legislative rule relating to the career progression system.

Be it enacted by the Legislature of West Virginia:
That article 6, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. Fire marshal.
(a) The legislative rule filed in the state register on the eighteenth day of February, two thousand three, authorized under the authority of section four, article three-c, chapter twenty-nine of this code, modified by the fire marshal to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighteenth day of June, two thousand three, relating to the fire marshal (certification of electrical inspectors, 103 CSR 1), is authorized, with the following amendments:
On page 4, subsection 5.2, after the word "qualifications" by striking out the word "forfeits" and inserting in lieu thereof the words "and he or she shall also forfeit";
On page five, subsection 7.4, line one, by striking out the words "Duplicate license fee" and inserting in lieu thereof the words "Duplicate certification fee";
On page five, subsection 7.4, line five, by striking out the word "license" and inserting in lieu thereof the words "certification";
And,
On page five, section 8, line five, by striking out the word "offense" and inserting in lieu thereof the words "violation of this rule".
(b) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section twelve-b, article three, chapter twenty-nine of this code, modified by the fire marshal to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of December, two thousand three, relating to the fire marshal (fees for licenses, permits, inspections, plans review and other services rendered, 103 CSR 2), is authorized with the following amendments:
On page four, subsection 6.12, by striking out the subsection in its entirety and renumbering subsequent subsections accordingly;
On page five, subsection 6.14, by striking out the words "Unjustified Complaint -------- Fee to complainant will be the same as listed per above respective occupancy" and inserting in lieu thereof the words "Unjustified Complaint (fee charged complainant) -------- $25.00";
On page five, subsection 6.20, by striking out the subsection in its entirety and renumbering subsequent subsections accordingly;
And,
On page five, subsection 6.22, by striking out said subsection 6.22 in its entirety.
§64-6-2. State police.
The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the authority of section five, article two, chapter fifteen of this code, modified by the state police to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of December, two thousand three, relating to the state police (career progression system, 81 CSR 3), is authorized.
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