Authorizing Department of Commerce to promulgate legislative rules

2026 Regular Session Introduced by Patricia Rucker

SB 374 streamlines authority for several Commerce Department divisions to enact and modify legislative rules, with existing rules continuing upon LR-MRC or Legislature amendments.

Chapter 217, Acts, Regular Session, 2026

#legislature--rulemaking

Summary of SB 374 (2026) – West Virginia

Purpose and intent

SB 374 authorizes certain agencies within the Department of Commerce to promulgate legislative rules and sets forth how those rules may be filed, reviewed, and amended. The bill also enumerates specific divisions within the Department of Commerce and related agencies that may adopt legislative rules, and it confirms that rules filed in the State Register, including any modifications by the Legislative Rule-Making Review Committee (LRMRC) or amendments by the Legislature, are authorized for use.

Key provisions and changes

Authorization for rulemaking: The bill specifies that several agencies under the Department of Commerce may promulgate legislative rules. These rules may be filed as originally submitted, as modified by the LRMRC, and as amended by the Legislature.

Specific divisions and topics authorized:

Division of Economic Development – Tourism Development Districts (35 CSR 16, 145 CSR 16 referenced through existing authority).
Division of Forestry – Rules for the certification of managed timberland (22 CSR 06).
Division of Labor – Child labor rules (42 CSR 09).
Office of Miners’ Health, Safety, and Training – Submission and approval of a comprehensive Mine Safety Program for coal mining operations (56 CSR 08).
Division of Natural Resources (DNR) – Multiple rule areas:
Small arms hunting (58 CSR 14).
Wildlife rehabilitation (58 CSR 21).
Special boating (58 CSR 26), including a specific amendment for Stonecoal area: motorboat no-wake zones and speed restrictions for motors over 10 horsepower.
Defining terms used in hunting and trapping (58 CSR 46).
Prohibitions when hunting and trapping (58 CSR 47).
Deer hunting (58 CSR 50).
Special migratory game bird hunting (58 CSR 56).
Division of Rehabilitation Services – Ron Yost Personal Assistance Services Act Board (CSR 01, 198 CSR 01).

Administrative process and alignment: The bill references existing statutory authorities for each rule, indicating that rules filed in the State Register, and any changes by the LR-MRC or Legislature, are authorized to become effective and enforceable.

Who is affected

State agencies within the Department of Commerce and its divisions listed above.

Stakeholders in tourism development, timberland management, labor and child labor oversight, mining safety, wildlife and natural resources management, hunting, boating, rehabilitation services, and personal assistance services programs.

Entities subject to the rules (e.g., businesses (timber, mining, tourism operators), hunters, boaters, and service providers in rehabilitation programs).

Procedural and timeline aspects

The bill specifies that existing legislative rules filed in the State Register (dating from 2024–2025 for various divisions) are authorized, subject to modification by the LRMRC or by the Legislature.

It integrates prior rule filings with authority to continue with the rules as amended, ensuring ongoing regulatory governance without reopening substantive statute changes.

The action history shows rapid passage in early 2026, with final approvals culminating in enactment as Chapter 217, Acts, Regular Session, 2026.

Overall, SB 374 streamlines and codifies the authority for several Commerce Department divisions to enact legislative rules and clarifies the lifecycle and modification pathway for those rules.