WEST virginia legislature
2017 regular session
Committee Substitute
for
Senate Bill 419
By Senators
Carmichael (Mr. President) and Prezioso
(By Request of the Executive)
[Originating in the Committee on Finance; reported on March 21, 2017]
A BILL to amend and reenact §21-3-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §21-3C-11 of said code; to amend and reenact §21-3D-8 of said code; to amend and reenact §21-5-5c of said code; to amend and reenact §21-9-9 of said code; to amend and reenact §21-10-4 of said code; to amend and reenact §21-11-17 of said code; to amend and reenact §21-14-9 of said code; to amend and reenact §21-15-7 of said code; to amend and reenact §21-16-10 of said code; to amend and reenact §47-1-8, §47-1-20, §47-1-21 and §47-1-22 of said code; and to amend and reenact §47-1A-10 and §47-1A-14 of said code, all relating to creating special revenue funding sources for the Division of Labor to meet its statutory obligations; establishing Steam Boiler Fund; establishing HVAC Fund; establishing Plumbing Work Fund; establishing Psychophysiological Examiners Fund; establishing Bedding and Upholstery Fund; removing requirement that fees from issuing licenses to administer psychophysiological detection of deception, lie detector or similar examinations be deposited in the General Revenue Fund; authorizing the commissioner to charge fees for the registration of service persons and service agencies, and the registration of businesses that use weighing and measuring devices for commercial purposes and directing such fees to the Weights and Measures Fund; authorizing the commissioner to promulgate emergency legislative rules to administer and enforce fees on service persons and service agencies and businesses using weighing and measuring devices; directing civil penalty fees to the Weights and Measures Fund; removing requirement that the commissioner approve applications for sterilization permits held in states other than West Virginia only after personal inspection of such sterilizer or disinfector; increasing fees for the issuance of certificates of operation of elevators; establishing late fees; establishing reissuance fee for revoked or expired permits; increasing registration fees for manufacturers of bedding, upholsters and renovators; increasing permitting fees for sterilizers; authorizing the commissioner to promulgate legislative rules; and making general edits and clarifications.
Be it enacted by the Legislature of West Virginia:
That §21-3-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §21-3C-11 of said code be amended and reenacted; that §21-3D-8 of said code be amended and reenacted; that §21-5-5c of said code be amended and reenacted; that §21-9-9 of said code be amended and reenacted; that §21-10-4 of said code be amended and reenacted; that §21-11-17 of said code be amended and reenacted; that §21-14-9 of said code be amended and reenacted; that §21-15-7 of said code be amended and reenacted; that §21-16-10 of said code be amended and reenacted; that §47-1-8, §47-1-20, §47-1-21 and §47-1-22 of said code be amended and reenacted; and that §47-1A-10 and §47-1A-14 of said code be amended and reenacted, all to read as follows:
cHAPTER 21. LABOR.
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-7. Regulation of operation of steam boilers.
(a) Any person owning or operating a steam boiler carrying more than fifteen pounds pressure per square inch (except boilers on railroad locomotives subject to inspection under federal laws; portable boilers used for agricultural purposes; boilers on automobiles; boilers of steam fire engines brought into the state for temporary use in times of emergency for the purpose of checking conflagrations; boilers used in private residences which are used solely for residential purposes; any sectional boilers; small portable boilers commonly used in the oil and gas industry about their wells and tool houses; and boilers under the jurisdiction of the United States) in this state shall first obtain a permit to operate a steam boiler from the Commissioner of Labor, or from an inspector working under his or her jurisdiction.
(b) Applications for permits to operate a steam boiler
must be accompanied by a sworn statement made by the owner or operator of such
boiler, setting forth the condition of the boiler and its appurtenances at
which time, if the facts disclosed by such statement meet the safety
requirements established under this article, the Commissioner of Labor shall
issue a temporary permit, which shall be valid until such boiler has been
inspected by a boiler inspector authorized by the state Commissioner of Labor;
thereupon, if the boiler meets the safety requirements established under this
article, the Commissioner of Labor shall issue an annual permit to operate such
steam boiler: Provided, That boilers which are insured by an insurance
company operating in this state and which are inspected by such insurance
company’s boiler inspector shall not be subject to inspection by the state department
Division of Labor, during any twelve- months’ month period
during which an inspection is made by the insurance company’s boiler inspector.
(c) The Commissioner of Labor or state boiler inspector
shall have the authority to inspect steam boilers in this state. To carry out
the provisions of this section, the Commissioner of Labor shall prescribe rules
and regulations under which boilers may be constructed and operated, according
to their class. The Commissioner of Labor shall be authorized to may
revoke any permit to operate a steam boiler if the rules prescribed by the
Commissioner of Labor, or his or her authorized representative, are
violated or if a condition shall prevail which is hazardous to the life and
health of persons operating or employed at or around the boiler. Any person or
corporation who shall operate a steam boiler for which a permit is necessary
under the provisions of this section, without first obtaining such permit to
operate a steam boiler, shall be is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than $100 nor more than $500.
Every day a steam boiler requiring a permit to operate is operated without such
the permit shall be considered is a separate offense.
(d) The commissioner may charge such fee as he
determines reasonable for the inspection of boilers by the department of labor
boiler inspector of the commissioner’s authorized boiler inspection agency.
The commissioner shall charge an annual fee to be established by legislative
rule for the inspection of boilers by the division, for the processing of
inspection reports from insurance companies, for the issuing of
annual permits to operate boilers and for the commissioning of
insurance company boiler inspectors. Such fees shall be established by a
rule promulgated in accordance with the provisions of chapter twenty-nine-a of
this code The commissioner shall propose rules for legislative approval,
in accordance with article three, chapter twenty-nine-a of this code for the
implementation and enforcement of this section. No fee shall may
be charged for the inspection of boilers used on mobile equipment or vehicles
used for occasional entertainment or display purposes.
(e) All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the Steam Boiler Fund and expended for the implementation and enforcement of this section. Amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this section may be utilized by the commissioner as needed to meet the division’s funding obligations.
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-11. Disposition of fees; legislative rules.
(a) The division shall
propose rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:
(1) Standards,
qualifications and procedures for submitting applications, taking examinations
and issuing and renewing licenses, certificates of competency and certificates
of operation of the three licensure classifications set forth in section ten
(a) ten-a of this article;
(2) For the renewal of a
license, even if the licensee is unemployed or not working in the industry: Provided,
That to engage or offer to engage in the business of erecting, constructing,
installing, altering, servicing, repairing or maintaining an elevator or
related conveyance covered by this article, the licensee shall be a contractor,
or be employed by a contractor licensed pursuant to the provisions of
section ten (a) six, article eleven, chapter twenty-one of the
code;
(3) Qualifications and supervision requirements for elevator apprentices;
(4) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work as defined in this article and who apply for licensure on or before July 1, 2010: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant may, at the discretion of the commissioner, be subject to all licensure requirements, including the examination;
(5) Provisions for the granting of emergency licenses in the event of an emergency due to disaster, act of God or work stoppage when the number of persons in the state holding licenses issued pursuant to this article is insufficient to cope with the emergency;
(6) Provisions for the granting of temporary licenses in the event that there are no elevator mechanics available to engage in the work of an elevator mechanic as defined by this article;
(7) Continuing education requirements;
(8) Procedures for investigating complaints and revoking or suspending licenses, certificates of competency and certificates of operation, including appeal procedures;
(9) Fees for testing, issuance and renewal of licenses, certificates of competency and certificates of operation, and other costs necessary to administer the provisions of this article;
(10) Enforcement procedures; and
(11) Any other rules necessary to effectuate the purposes of this article.
(b) The rules proposed for
promulgation pursuant to subsection (a) of this section shall establish the
amount of any fee authorized pursuant to the provisions of this article: Provided,
That in no event may the fees established for the issuance of certificates of
operation exceed $50 $90.
(c) All fees collected
paid pursuant to the provisions of this article shall be paid
to the Commissioner of Labor and deposited in an appropriated special
revenue account hereby created in the State Treasury known as the Elevator
Safety Fund and expended for the implementation and enforcement of this
article. : Provided, That Amounts collected which are found from
time to time to exceed funds needed for the purposes set forth in this article
may be transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature utilized by the
commissioner as needed to meet the division’s funding obligations.
(d) The division may enter into agreements with counties and municipalities whereby such counties and municipalities be permitted to retain the inspection fees collected to support the enforcement activities at the local level.
(e) The commissioner and
his or her deputy commissioner or any compliance officer of the division as
authorized by the commissioner or his or her authorized representatives
may consult with engineering authorities and organizations concerned with
standard safety codes, rules and regulations governing the operation,
maintenance, servicing, construction, alteration, installation and the
qualifications which are adequate, reasonable and necessary for the elevator
mechanic and inspector.
ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.
§21-3D-8. Crane Operator Certification Fund; fees; disposition of funds.
(a) There is hereby
established a crane operator certification fund in the State Treasurer’s office
All fees paid pursuant to this article shall be paid to the Commissioner of
Labor and deposited in an appropriated special revenue account known as the
Crane Operator Certification Fund in the State Treasury and expended for the
implementation and enforcement of this article. Amounts collected which are
found from time to time to exceed the funds needed for purposes set forth in
this article may be utilized by the commissioner as needed to meet the division’s
funding obligations.
(b) The commissioner may set reasonable application fees for the issuance or renewal of certificates and other services associated with crane operator certification.
(c)(1) The commissioner
shall receive and account for all money that is derived pursuant to the
provisions of this article. The commissioner shall pay all money collected into
the crane operator certification fund that has been established pursuant to
subsection (a), section eight of this article, with the exception of money
received as fines. This money shall be used exclusively by the commissioner for
purposes of administration and enforcement of his or her duties pursuant to
this article.
(2) Expenditures from
the crane operator certification fund shall be for the purposes set forth in
this article and are not authorized from collections but are to be made only in
accordance with appropriation by the Legislature in accordance with the
provisions of article three, chapter twelve of this code and upon the
fulfillment of the provisions set forth in article two, chapter five-a of this
code: Provided, That for the fiscal year ending June 30, 1999,
expenditures are authorized from collections rather than pursuant to an
appropriation by the Legislature. Amounts collected which are found from time
to time to exceed the funds needed for purposes set forth in this article may
be transferred to other accounts or funds and redesignated for other purposes
by appropriation of the Legislature
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-5c. License required for psychophysiological detection of deception examiners; qualifications; promulgation of rules governing administration of psychophysiological detection of deception examinations.
(a) No person, firm or corporation shall administer a psychophysiological detection of deception examination, lie detector or other similar examination utilizing mechanical or electronic measures of physiological reactions to evaluate truthfulness without holding a current valid license to do so as issued by the Commissioner of Labor. No examination shall be administered by a licensed corporation except by an officer or employee thereof who is also licensed.
(b) A person is qualified to receive a license as an examiner if he or she:
(1) Is at least twenty-one years of age;
(2) Is a citizen of the United States;
(3) Has not been convicted of a misdemeanor involving moral turpitude or a felony;
(4) Has not been released or discharged with other than honorable conditions from any of the armed services of the United States or that of any other nation;
(5) Has passed an examination conducted by the Commissioner of Labor or under his or her supervision to determine his or her competency to obtain a license to practice as an examiner;
(6) Has satisfactorily completed not less than six months of internship training; and
(7) Has met any other qualifications of education or training established by the Commissioner of Labor in his or her sole discretion which qualifications are to be at least as stringent as those recommended by the American Polygraph Association.
(c) The Commissioner of
Labor may designate and administer any test the commissioner he or
she considers appropriate to those persons applying for a license to
administer psychophysiological detection of deception, lie detector or similar
examination. The test shall be designed to ensure that the applicant is
thoroughly familiar with the code of ethics of the American Polygraph
Association and has been trained in accordance with association rules. The test
must also include a rigorous examination of the applicant’s knowledge of and
familiarity with all aspects of operating psychophysiological detection of
deception equipment and administering psychophysiological detection of
deception examinations.
(d) The license to administer psychophysiological detection of deception, lie detector or similar examinations to any person shall be issued for a period of one year. It may be reissued from year to year. The licenses to be issued are:
(1) “Class I license” which authorizes an individual to administer psychophysiological detection of deception examinations for all purposes which are permissible under the provisions of this article and other applicable laws and rules.
(2) “Class II license” which authorizes an individual who is a full-time employee of a law-enforcement agency to administer psychophysiological detection of deception examinations to its employees or prospective employees only.
(e) The Commissioner of
Labor shall charge a fee an annual fee to be established by
legislative rule. The fees shall be deposited in the General Revenue Fund of
the state All fees paid pursuant to this section shall be paid to the
Commissioner of Labor and deposited in an appropriated special revenue account
hereby created in the State Treasury to be known as the Psychophysiological
Examiners Fund and expended for the implementation and enforcement of this
section. Amounts collected which are found from time to time to exceed funds
needed for the purposes set forth in this section may be utilized by the
commissioner as needed to meet the division’s funding obligations. In
addition to any other information required, an application for a license shall
include the applicant’s Social Security number.
(f) The Commissioner of
Labor shall propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code governing
the administration of psychophysiological detection of deception, lie detector
or similar examination to any person: Provided, That all applicable
rules in effect on the effective date of sections five-a, five-b, five-c and
five-d of this article will remain in effect until amended, withdrawn, revoked,
repealed or replaced. The legislative rules shall include:
(1) The type and amount of training or schooling necessary for a person before which he or she may be licensed to administer or interpret a psychophysiological detection of deception, lie detector or similar examination;
(2) Testing requirements including the designation of the test to be administered to persons applying for licensure;
(3) Standards of accuracy which shall be met by machines or other devices to be used in psychophysiological detection of deception, lie detector or similar examination;
(4) The conditions under which a psychophysiological detection of deception, lie detector or similar examination may be administered;
(5) Fees for licenses, renewals of licenses and other services provided by the commissioner;
(6) Any other qualifications or requirements, including continuing education, established by the commissioner for the issuance or renewal of licenses; and
(7) Any other purpose to carry out the requirements of sections five-a, five-b, five-c and five-d of this article.
ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.
§21-9-9. License required; fees; form of license; display of license; denial, suspension or revocation.
(a) No manufacturer, dealer, distributor or contractor shall engage in business in this state without first having applied for and received a license pursuant to this section. The license shall authorize the holder to engage in the business permitted by the license. All license applications shall be accompanied by the required fee and surety bond or other form of assurance or fee assessed in satisfaction of assurance as required by rule or regulation promulgated by the board.
(b) All licenses shall be granted or refused within thirty days after proper and complete application. All licenses shall expire on June 30 of each year, unless sooner revoked or suspended. Applications shall be deemed valid for a period of thirty days.
(c) The annual license fees shall be in the amounts prescribed from time to time by rules promulgated by the board but in no event less than the following amounts:
(1) For manufacturers, $300;
(2) For dealers, $100;
(3) For distributors, $100; and
(4) For contractors, $50: Provided, That if a contractor has met the licensing requirements of this article and the West Virginia Contractor Licensing Act in article eleven of this chapter, has paid the annual license fee under section eight of said article and has furnished bond or other assurance or fee under section ten of this article, he or she shall not be required to pay the annual license fee set forth in this section.
(d) The board shall prescribe the form of license and each license shall have affixed thereon the seal of the state Division of Labor.
(e) Each licensee shall conspicuously display the license in its established place of business.
(f) Pursuant to such rules and regulations as may be promulgated by the board, the board may deny the issuance of a license or revoke or suspend any license.
(g) All license fees
collected shall be deposited in a special account in the State Treasury to be
known as the “State Manufactured Housing Administration Fund”. Expenditures
from the fund shall be for the administration of the provisions of this article
and are not authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the provisions of
article two, chapter eleven-b of this code: Provided, That for the
fiscal year ending June 30, 2006 expenditures are authorized from collections
rather than pursuant to appropriation by the Legislature. All fees paid
pursuant to this article shall be paid to the Commissioner of Labor and
deposited in an appropriated special revenue account in the State Treasury to
be known as the State Manufactured Housing Administration Fund. Expenditures
from the fund shall be for the administration and enforcement of this article. Amounts
collected which are found from time to time to exceed funds needed for the
purposes set forth in this article may be utilized by the commissioner as
needed to meet the division’s funding obligations.
ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.
§21-10-4. Inspection and permit fees.
(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit. The division shall waive the inspection fee for any ride or attraction whose owner provides proof of nonprofit business status or for any ride or attraction whose owner provides proof that an inspection has been completed within the last year by a certified special inspector as provided in section six of this article.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any owner or operator requires an inspection as the result of a violation of the permitting requirements of section six of this article, the division shall charge the owner or operator $75 per hour in addition to the established inspection fee, including travel time.
(c) All fees received
shall be deposited in a special revenue account in the State Treasury known as
the “Amusement Rides and Amusement Attractions Safety Fund”. The Division may
use moneys from the fund for the purpose of and enforcement of the provisions
of this article. Expenditures are not authorized from collections, but are to
be made only in accordance with appropriation by the Legislature and in
accordance with the provisions of article three, chapter twelve of this code
and upon fulfillment of the provisions of article two, chapter eleven-b of this
code All fees paid pursuant to this article shall be paid to the
Commissioner of Labor and deposited in an appropriated special revenue account
in the State Treasury known as the Amusement Rides and Amusement Attractions
Safety Fund and expended for the implementation and enforcement of this
article. Amounts collected which are found from time to time to exceed funds
needed for the purposes set forth in this article may be utilized by the
commissioner as needed to meet the division’s funding obligations.
(d) No inspection fee may be charged public agencies.
(e) The division shall issue, and the owner, operator or both of the amusement rides and amusement attractions shall visibly display to the public, inspection stickers denoting and signifying that the inspection and permit fee authorized by this section has been paid or waived.
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§21-11-17. Recordkeeping; fees.
(a) The division shall keep
a record of all actions taken and account for moneys received. All moneys
shall be deposited in a special account in the State Treasury to be known as
the “West Virginia Contractor Licensing Board Fund”. Expenditures from said
fund shall be for the purposes set forth in this article and are not authorized
from collections but are to be made only in accordance with appropriation by
the Legislature and in accordance with the provisions of article three, chapter
twelve of this code and upon the fulfillment of the provisions set forth in
article two, chapter five-a of this code: Provided, That for the fiscal
year ending June 30, 1992, expenditures are authorized from collections rather
than pursuant to an appropriation by the Legislature All fees paid
pursuant to this article shall be paid to the Commissioner of Labor and deposited
in an appropriated special revenue account in the State Treasury to be known as
the West Virginia Contractor Licensing Board Fund and expended for the implementation
and enforcement of this article. Amounts collected which are found from
time to time to exceed the funds needed for purposes set forth in this article
may be transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature utilized by the
commissioner as needed to meet the division’s funding obligations.
(b) The division shall
maintain at the its principal office, open for public inspection
during regular office hours, a complete indexed record of all
applications, licenses issued, licenses renewed and all revocations,
cancellations and suspensions of licenses. Applications shall show the date of
application, name, qualifications, place of business and place of residence of
each applicant; and whether the application was approved or refused.
(c) (1) All investigations, complaints, reports, records, proceedings and other information received by the commissioner and board and related to complaints made to the commissioner or board or investigations conducted by the commissioner or board pursuant to this article, including the identity of the complainant or respondent, shall be confidential and shall not be knowingly and improperly disclosed by any member or former member of the board, the commissioner or staff, except as follows:
(A) Upon a finding that probable cause exists to believe that a respondent has violated the provisions of this article, the complaint and all reports, records, nonprivileged and nondeliberative materials introduced at any probable cause hearing held pursuant to the complaint are thereafter not confidential: Provided, That confidentiality of such information shall remain in full force and effect until the respondent has been served with a copy of the statement of charges.
(B) Any subsequent hearing held in the matter for the purpose of receiving evidence or the arguments of the parties or their representatives shall be open to the public and all reports, records and nondeliberative materials introduced into evidence at such subsequent hearing, as well as the board’s and commissioner’s orders, are not confidential.
(C) The commissioner or board may release any information relating to an investigation at any time if the release has been agreed to in writing by the respondent.
(D) The complaint as well as the identity of the complainant shall be disclosed to a person named as respondent in any such complaint filed immediately upon such respondent’s request.
(E) Where the commissioner or board is otherwise required by the provisions of this article to disclose such information or to proceed in such a manner that disclosure is necessary and required to fulfill such requirements.
(2) If, in a specific case, the commissioner or board finds that there is a reasonable likelihood that the dissemination of information or opinion in connection with a pending or imminent proceeding will interfere with a fair hearing or otherwise prejudice the due administration of justice, the commissioner or board shall order that all or a portion of the information communicated to the commissioner or board to cause an investigation and all allegations of violations or misconduct contained in a complaint shall be confidential, and the person providing such information or filing a complaint shall be bound to confidentiality until further order of the board.
(d) If any person violates
the provisions of subsection (c) of this section by knowingly and willfully
disclosing any information made confidential by such section or by the
commissioner or board, such person shall be is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor
more than $5,000, or imprisoned in the county confined in jail
not more than one month, or both fined and imprisoned confined.
(e) The commissioner shall certify to the State Auditor and to the board a detailed statement of all moneys received and spent during the preceding fiscal year.
ARTICLE 14. SUPERVISION OF PLUMBING WORK.
§21-14-9. Disposition of fees.
All fees paid pursuant to the
provisions of this article shall be paid to the Commissioner of Labor and
deposited in a special revenue account with the State Treasurer for the use
of the Commissioner of Labor to enforce the provisions of this article. in
the State Treasury to be known as the Plumbing Work Fund and expended for the
implementation and enforcement of this article. Amounts collected which are
found from time to time to exceed funds needed for the purposes set forth in this
article may be utilized by the commissioner as needed to meet the division’s
funding obligations.
ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.
§21-15-7. Inspection and permit fees.
(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each zipline or canopy tour.
(1) The annual inspection fee, if an inspection is to be done by the division, is $100 for each zipline or canopy tour.
(2) The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit.
(3) The division shall waive the inspection fee for a zipline or canopy tour whose operator provides proof of nonprofit business status or for any zipline or canopy tour whose operator provides proof that an inspection has been completed within the last year by a certified special inspector as provided in section nine of this article.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any operator requires an inspection as the result of a violation of the permitting requirements of section nine of this article, the division shall charge the operator $75 per hour in addition to the established inspection fee, including travel time.
(c) All fees received
shall be deposited in a special revenue account in the State Treasury known as
the “Amusement Rides and Amusement Attractions Safety Fund”. The Division may
use moneys from the fund for the purpose of enforcement of the provisions of
this article. Expenditures are not authorized from collections, but are to be
made only in accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of this code.
All fees paid pursuant to this article shall be paid to the Commissioner of
Labor and deposited in an appropriated special revenue account in the State
Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and
expended for the implementation and enforcement of this article. Amounts
collected which are found from time to time to exceed funds needed for the
purposes set forth in this article may be utilized by the commissioner as
needed to meet the division’s funding obligations.
(d) No inspection fee may be charged public agencies.
ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.
§21-16-10. Disposition of fees.
All fees paid pursuant to
this article shall be paid to the Commissioner of Labor and deposited in “West
Virginia Contractor Licensing Board Fund” for the use of the Commissioner of
Labor in a manner consistent with section seventeen, article eleven, chapter
twenty-one of this Code an appropriated special revenue account hereby
created in the State Treasury to be known as the HVAC Fund and expended for the
implementation and enforcement of this article. Amounts collected which are
found from time to time to exceed funds needed for the purposes set forth in
this article may be utilized by the commissioner as needed to meet the division’s
funding obligations.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 1. WEIGHTS AND MEASURES.
§47-1-8. Requirements for the registration of service persons and service agencies for commercial weighing and measuring devices.
(a) The uniform regulation for the voluntary registration of service persons and service agencies for commercial weighing and measuring devices as adopted by The National Conference of Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, Uniform Laws and Regulations and supplements thereto or revisions thereof, shall apply to the registration of service persons and service agencies in the state, except insofar as modified or rejected by legislative rule.
(b) Beginning January 1, 2018, the commissioner shall charge an annual registration fee for service persons and service agencies to be established by legislative rule. The commissioner may file an emergency rule prior to January 1, 2018, to implement and administer the amendments made to this section during the 2017 regular session. The commissioner may also propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code for the implementation and enforcement of this section.
(c) All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.
§47-1-20. State measurement laboratory.
(a) The commissioner shall operate and maintain a state measurement laboratory certified and approved by the National Institute of Standards and Technology. The laboratory shall be used to both house and maintain the state primary standards and secondary standards as traceable to the national standards and to test or calibrate any secondary or working standards which are submitted for test as required by this article.
(b) The commissioner shall promulgate rules, pursuant to
chapter twenty-nine-a of this code to assess fees for weights and measures
laboratory calibration and testing. All fees collected by the commissioner
of labor under the provisions of this section shall be deposited into a special
revenue account in the State Treasury to be known as the “Weights and Measures
Fund” The moneys in the fund shall be used by the commissioner solely for the
enforcement of this article. The commissioner is hereby authorized to allocate
moneys from the weights and measures fund to enforce the provisions of this
article without legislative appropriation of moneys from the fund until June
30, 2006. Effective July 1, 2006, no moneys may be expended from the fund
except by legislative appropriation. All fees paid pursuant to this
section shall be paid to the Commissioner of Labor and deposited into an
appropriated special revenue account in the State Treasury to be known as the
Weights and Measures Fund and expended for the implementation and enforcement
of this article. Amounts collected which are found from time to time to exceed
the funds needed for the purposes set forth in this article may be utilized by
the commissioner as needed to meet the division’s funding obligations.
(c) The commissioner shall provide such personnel as
required to operate the laboratory in a manner which is consistent with the
needs of this article. Personnel shall be trained and certified to perform all
such calibrations and tests as required by the national institute of
standards and technology National Institute of Standards and Technology
to maintain traceability of the state standards to national standards, and to
properly maintain the laboratory facility as certified and traceable to the
National Institute of Standards and Technology.
§47-1-21. Registration of business.
(a) On or before October 1, 1994, every commercial business in the state which, in the course of conducting business, utilizes weights, measures and weighing and measuring devices covered by this article shall obtain a certificate of device registration for the commercial devices covered by this article, from the division. After October 1, 1994, it shall be unlawful in the state to conduct business subject to the provisions of this article without having first obtained a certificate of device registration from the division. Application for a certificate of device registration shall be made on a form provided by the division.
(b) A certificate of device registration is valid for twelve months from the date of issue. The certificate of device registration shall be posted within the place of business.
(c) Application for the renewal of a certificate of device registration shall be made on a form provided by the division at least thirty days prior to the renewal due date. The commissioner may deny the renewal of device registration for cause where the cause is the result of the conviction of the applicant, in a court of competent jurisdiction, for a violation of this article.
(d) Beginning January 1, 2018, the division shall charge an annual device registration fee, to be established by legislative rule. The commissioner may file an emergency rule prior to January 1, 2018, to implement and administer the amendments made to this section during the 2017 regular session. The commissioner may also propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code for the implementation and enforcement of this section.
(e) All fees paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.
§47-1-22. Civil penalties.
(a) No person shall may:
(1) Use or have in possession for use in commerce any incorrect weight or measure;
(2) Sell or offer for sale for use in commerce any incorrect weight or measure;
(3) Remove any tag, seal or mark from any weight or measure, without specific authorization from the Weights and Measures Section; or
(4) Violate any provisions of this article or rules promulgated under it, not defined in subsection (a), section twenty-three of this article.
(b) Any person who violates
subsection (a) of this section or any rule promulgated by the commissioner may
be assessed a civil penalty by the commissioner, which penalty shall may
not be more than $1,000 for each violation. Each violation shall constitute a
separate offense. In determining the amount of the penalty, the commissioner
shall consider the person’s history of previous violations, the appropriateness
of such penalty to the size of the business of the person charged, the gravity
of the violation and the demonstrated good faith of the person charged in
attempting to achieve rapid compliance after notification of a violation.
(c) All civil penalties paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.
(d) A civil penalty may be assessed by the commissioner
only after the commissioner shall have has given at least ten
days’ notice to the person. Notice shall be in writing, shall contain a short,
plain statement of the matter asserted and shall designate a time and place for
a hearing where the person may show cause why the civil penalty should not be
imposed. Notice of hearing shall be sent by registered certified
mail. The person may, at the time designated for the hearing, produce evidence
on his or her behalf and be represented by council counsel.
(e) Any person aggrieved by a decision of the
commissioner shall have has the right to a contested case hearing
under the provisions of article five, chapter twenty-nine-a of this
code, et seq.
ARTICLE 1A. REGULATION AND CONTROL OF BEDDING AND UPHOLSTERY BUSINESSES.
§47-1A-10. Sterilization
processes; annual permits. fees
(1) (a) Any sterilization process used in
connection herewith shall be approved by the commissioner. Every person
desiring to operate such sterilization process shall first obtain a numbered
permit from the commissioner and shall not operate such process unless such
permit is kept conspicuously posted in his or her establishment. The
fee for an original permit shall be $25 Application for such permit shall
be accompanied by the specifications for the sterilization process to be
employed by the applicant, in such form as the commissioner shall require. Such
permit shall expire one year from date of issue and the fee for annual
renewal of the sterilization permit shall be $10.
(2) Every application
for a sterilization permit to be held in a state other than West Virginia shall
be approved only after personal inspection of the applicant’s sterilizer or
disinfector by the commissioner or an authorized employee of the bedding
division of the department. The expenses for such inspections out of the state
shall be paid by the applicant
(3) (b) The commissioner may revoke or suspend any
permit for violation of the provisions of this article. Upon notification of
such revocation or suspension, the person to whom the permit was issued, or his
or her successor or assignee, shall forthwith return such permit to the
commissioner. For reissuing a revoked or expired permit, the fee shall be
the same as for an original permit.
§47-1A-14. Annual registration and permit fees.
(a) The annual registration fee for all manufacturers
shipping or selling articles of bedding and for upholsterers or renovators,
as defined in this article, in the State of West Virginia shall be $50 $90,
payable on the first day of the fiscal year. Any manufacturer, upholsterer or renovator who submits
an annual registration fee on or after July 16 shall pay a $25 late fee in
addition to the annual fee.
(b) The annual registration fee for an upholsterer or
renovator of articles of bedding, as defined in this article, in the State of
West Virginia shall be $10, payable on the first day of the fiscal year. The
annual sterilizer permit fee shall be $90, payable on the first day of the
fiscal year. Any sterilizer who submits an annual permit fee on or after July
16 shall pay a $25 late fee in addition to the annual fee.
(c) The fee for reissuing a revoked or expired registration or permit shall be $90.
(d) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the Bedding and Upholstery Fund and expended for the implementation and enforcement of this article. Amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations.
NOTE: The purpose of this bill is to authorize the creation of special revenue accounts in the State Treasury for the deposit of Division of Labor fees, and to authorize the commissioner utilize excess funds in new and existing special revenue accounts to meet the division’s funding obligations when necessary. This bill specifically authorizes the division to charge fees for the registration of service persons, service agencies, and businesses that use weighing and measuring devices for commercial purposes, authorizes the commissioner to promulgate an emergency legislative rule regarding such fees, and authorizes the division to deposit such fees and certain other fees in the Weights and Measures Fund. This bill authorizes the increase of permitting fees for sterilizers and the increase of registration fees for bedding manufacturers, upholsterers and renovators.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.