ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 64
(Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan, original sponsors)
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[Passed March 11, 1995; in effect from passage.]
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AN ACT to amend and reenact article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating generally to the
promulgation of administrative rules by the various
executive or administrative agencies and the procedures
relating thereto; the legislative mandate or authorization
for the promulgation of certain legislative rules by
various executive and 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 legislative rules as amended by the
Legislature; authorizing certain of the agencies to
promulgate legislative rules with various modifications
presented to and recommended by the legislative rule-
making review committee; authorizing the commissioner of
agriculture to promulgate legislative rules relating to
West Virginia aquaculture farm rules, as modified and
amended; authorizing the commissioner of agriculture to
promulgate legislative rules relating to animal disease
control, as modified; authorizing the commissioner of
agriculture to promulgate legislative rules relating to
the inspection of nontraditional, domesticated animals, as
amended; authorizing the commissioner of agriculture to
promulgate legislative rules relating to the labeling of
dairy products for rBST or rBGH, as modified; authorizing
the commissioner of agriculture to promulgate legislative
rules relating to West Virginia fish processing rules, as
modified; authorizing the secretary of state to promulgate
legislative rules relating to the combined voter
registration and driver licensing fund, as modified;
relating authorizing the governor's committee on crime, delinquency and correction to promulgate legislative rules
relating to the protocol for law-enforcement response to
domestic violence, as modified and amended; authorizing
the West Virginia board of examiners for licensed
practical nurses to promulgate legislative rules relating
to fees for services rendered by the board, as modified;
authorizing the West Virginia board of examiners for
licensed practical nurses to promulgate legislative rules
relating to policies regulating licensure of the licensed
practical nurse, as modified; authorizing the board of
medicine to promulgate legislative rules relating to fees
for services rendered by the board of medicine, as
modified; authorizing the board of examiners for
registered professional nurses to promulgate legislative
rules relating to continuing education, as modified;
authorizing the board of examiners for registered
professional nurses to promulgate legislative rules
relating to requirements for licensure and registration,
as modified; authorizing the board of examiners for
registered professional nurses to promulgate legislative
rules relating to policies and criteria for the evaluation and accreditation of colleges and departments or schools
of nursing, as modified; and authorizing the real estate
commission to promulgate legislative rules relating to
requirements in licensing real estate brokers, associate
brokers and salespersons and the conduct of a brokerage
business, as modified.
Be it enacted by the Legislature of West Virginia:
That article nine, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS
TO PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
(a) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the commissioner of agriculture (West Virginia aquaculture
farm rules, 61 CSR 23), are authorized with the amendments set forth below:
On page 1, section 61-23-1, by striking out section 1.1
and substituting in lieu thereof the following:
"1.1 The Commissioner will inspect aquaculture production
on a voluntary basis for a period of three years. At the end
of this three year period the Aquaculture Farm Rule shall be
reviewed to determine whether the rule should become mandatory.
Aquaculture producers wishing to participate in the voluntary
inspection program must apply in writing to the Commissioner.
Once a producer enters the voluntary program they will be
required to produce fish according to all of the provisions of
this rule for the remaining portion of the three year period.
The inspections will be conducted on a risk assessment basis
with the purpose of educating farmers and assuring the
production of wholesome, unspoiled and unadulterated fish and
fishery products."
On page 4, section 61-23-3, by striking out section 3.1
and substituting in lieu thereof the following:
"3.1 All producers of fish participating in the voluntary
inspection program outlined in this rule shall have and
implement a written Hazard Analysis Critical Control Point Plan, approved by the commissioner, for each location where
fish are grown. The commissioner shall furnish a model Hazard
Analysis Critical Control Point Plan to the producers for them
to follow."
On page 5, section 61-23-3, by striking out section 3.4.
On page 6, section 61-23-4, by striking out all of section
4.6 and substituting in lieu thereof the following:
"4.6 Septic tanks, home aeration units, vault privy, or
other sewage tanks shall not be located within 50 feet of a
well or groundwater supply used as an aquaculture water source,
or aquaculture production areas in order to prevent fecal and
other contamination of water where fish are raised for human
consumption, except that tanks or other aquaculture production
systems with a barrier preventing possible contamination may be
located closer."
On page 8, section 61-23-7, by striking out section 7.1
and substituting in lieu thereof the following:
"7.1 All fish transported for sale and/or processing by
producers participating in this voluntary program shall be:"
On page 8, section 61-23-7, by striking out section 7.5
and substituting in lieu thereof the following:
"7.5 All shipments of human food fish to other producers,
wholesalers, retailers, and/or processors required to operate
under a HACCP plan shall be accompanied by a written
notification stating that any and all drugs, feed and color
additives, pesticides and/or medicated feeds have been legally
administered and withdrawal periods have been followed. This
notification shall include the name, address, and telephone
number of the grower; date of sale; and the lot number of fish.
This notification shall be signed by the grower. Except that:"
On page 8, section 61-23-7, by striking out section 7.5.a.
and substituting in lieu thereof the following:
"7.5.a. Shipments of fish to other producers before the
completion of a required withdrawal period shall be accompanied
by a written notification including the name and dose of the
drug, feed, color additive, pesticide, and/or medicated feed;
date administered and length of required withdrawal period;
date of sale; and lot number of the fish. This notification
shall be signed by the grower."
On page 9, section 61-23-9, by striking out section 9.1
and substituting in lieu the following:
"9.1 It is prohibited to:"
On page 10, section 61-23-10, by striking out section 61-
23-10 in its entirety, and renumbering the remaining sections.
On page 11, section 61-23-12, by striking out section
12.1.a and substituting in lieu thereof the following:
"12.1.a. Enter and inspect, during reasonable hours, any
aquaculture production area participating in the voluntary
inspection program, where fish are produced, sold, stored, or
transported. The inspection includes, but is not limited to,
photographing, video taping, verifying, copying and auditing
computer files, records and papers relating to the production
of fish, as is necessary to determine compliance with this rule
and to investigate consumer complaints. The inspection also
includes, but is not limited, to photographing, video taping,
observing and verifying the premises, vehicles, personnel and
activities;"
On page 12, section 61-23-12, by striking out section
12.l.i.
On page 13, section 61-23-13, by striking out section
13.3.
And,
On page 13, section 61-23-13, by striking out section 13.4.
(b) The legislative rules filed in the state register on
the twenty-second day of July, one thousand nine hundred
ninety-four, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the ninth day of
August, one thousand nine hundred ninety-four, relating to the
commissioner of agriculture (animal disease control, 61 CSR 1),
are authorized.
(c) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the eleventh day
of October, one thousand nine hundred ninety-four, relating to
the commissioner of agriculture (inspection of nontraditional,
domesticated animals, 61 CSR 23D), are authorized.
(d) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the commissioner of agriculture (labeling of dairy products
for rBST or rBGH, 61 CSR 4D), are authorized.
(e) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the commissioner of agriculture to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the fourteenth
day of October, one thousand nine hundred ninety-four, relating
to the commissioner of agriculture (West Virginia fish
processing rules, 61 CSR 23D), are authorized.
§64-9-2. Secretary of state.
The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the secretary of state to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fourteenth day of November, one thousand
nine hundred ninety-four, relating to the secretary of state
(combined voter registration and driver licensing fund, 153 CSR
28), are authorized.
§64-9-3. Governor's committee on crime, delinquency and
correction.
The legislative rules filed in the state register on the
second day of August, one thousand nine hundred ninety-four,
modified by the governor's committee on crime, delinquency and
correction to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the sixth day of September, one thousand nine hundred
ninety-four, relating to the governor's committee on crime,
delinquency and correction (protocol for law-enforcement
response to domestic violence, 149 CSR 3), are authorized.
§64-9-4. Board of examiners for licensed practical nurses.
(a) The legislative rules filed in the state register on
the fourteenth day of July, one thousand nine hundred
ninety-four, modified by the West Virginia board of examiners
for licensed practical nurses to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the fifteenth day of August, one thousand
nine hundred ninety-four, relating to the West Virginia board
of examiners for licensed practical nurses (fees for services
rendered by the board, 10 CSR 4), are authorized.
(b) The legislative rules filed in the state register on
the fourteenth day of July, one thousand nine hundred
ninety-four, modified by the West Virginia board of examiners
for licensed practical nurses to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the fifteenth day of August, one thousand
nine hundred ninety-four, relating to the West Virginia board
of examiners for licensed practical nurses (policies regulating
licensure of the licensed practical nurse, 10 CSR 2), are
authorized.
§64-9-5. Board of medicine.
The legislative rules filed in the state register on the
fourteenth day of July, one thousand nine hundred ninety-four,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the twelfth day of October, one thousand nine
hundred ninety-four, relating to the board of medicine (fees
for services rendered by the board of medicine, 11 CSR 4), are
authorized.
§64-9-6. Board of examiners for registered professional
nurses.
(a) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the board of examiners for registered
professional nurses to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the twenty-eighth day of November, one thousand nine hundred
ninety-four, relating to the board of examiners for registered
professional nurses (continuing education, 19 CSR 11), are
authorized.
(b) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the board of examiners for registered
professional nurses to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the twenty-eighth day of November, one thousand nine hundred
ninety-four, relating to the board of examiners for registered
professional nurses (requirements for licensure and
registration, 19 CSR 3), are authorized.
(c) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the board of examiners for registered professional nurses to meet the objections of the legislative
rule-making review committee and refiled in the state register
on the twenty-eighth day of November, one thousand nine hundred
ninety-four, relating to the board of examiners for registered
professional nurses (policies and criteria for the evaluation
and accreditation of colleges, departments or schools of
nursing, 19 CSR 1), are authorized.
§64-9-7. Real estate commission.
The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the real estate commission to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twelfth day of October, one thousand
nine hundred ninety-four, relating to the real estate
commission (requirements in licensing real estate brokers,
associate brokers, and salespersons and the conduct of
brokerage business, 174 CSR 1), are authorized.