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Senate Bill 209 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 209
(Senators Ross, Anderson, Macnaughtan, Boley and Buckalew,
original sponsors)
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[Passed April 12, 1997; in effect from passage.]
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AN ACT to amend and reenact sections one, two, three, four, five,
six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, eighteen and nineteen,
article nine, chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, 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 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;
disapproving the promulgation of a legislative rule;
authorizing the commissioner of agriculture to promulgate a
legislative rule relating to animal disease control;
authorizing the secretary of state to promulgate a legislative
rule relating to agencies designated to provide registration
services; authorizing the secretary of state to promulgate a
legislative rule relating to procedures for the recount of
election returns; authorizing the secretary of state to
promulgate a legislative rule relating to trademarks and
service marks; authorizing the governor's committee on crime,
delinquency and correction to promulgate a legislative rule
relating to the protocol for law-enforcement response to
domestic violence; authorizing the governor's committee on
crime, delinquency and correction to promulgate a legislative
rule relating to the basic training academy and annual in- service and biennial in-service training standards;
authorizing the cable television advisory board to promulgate
a legislative rule relating to implementing regulations;
authorizing and directing the cable television advisory board
to amend and promulgate a legislative rule relating to the
calculation and collection of late fees; authorizing the auditor to promulgate a legislative rule relating to standards
for requisitions for payment issued by state officers on the
auditor; authorizing the commission for the deaf and hard of
hearing to promulgate a legislative rule relating to fees for
qualified interpreters; authorizing the board of dental
examiners to promulgate a legislative rule relating to rules
of the board; authorizing the board of licensed practical
nurses to promulgate a legislative rule relating to legal
standards of nursing practice for the licensed practical
nurse; authorizing the board of medicine to promulgate a
legislative rule relating to the formation and approval of
professional limited liability companies; authorizing the
nursing home administrators licensing board to promulgate a
legislative rule relating to the board; authorizing the board
of pharmacy to promulgate a legislative rule relating to the
registration of pharmacy technicians; authorizing the board of
pharmacy to promulgate a legislative rule relating to
controlled substances monitoring; authorizing the board of
accountancy to promulgate a legislative rule relating to the
board and rules of professional conduct; authorizing the board
of barbers and cosmetologists to promulgate a legislative rule
relating to a schedule of fees; authorizing the board of
barbers and cosmetologists to promulgate a legislative rule
relating to procedures, criteria and curricula for the examination and licensure of barbers, cosmetologists,
manicurists and aestheticians; authorizing the board of
examiners of psychologists to promulgate a legislative rule
relating to qualifications for licensure as a psychologist or
school psychologist; disapproving the promulgation of a
legislative rule of the board of examiners of psychologists
relating to fees; authorizing the public service commission to
promulgate a legislative rule relating to use of the number
"911"; authorizing the real estate appraiser licensure and
certification board to promulgate a legislative rule relating
to the requirements for licensure and certification;
authorizing the real estate appraiser licensure and
certification board to promulgate a legislative rule relating
to the renewal of licensure or certification; authorizing the
board of respiratory care to promulgate a legislative rule
relating to procedures for the licensure application process;
authorizing the board of respiratory care to promulgate a
legislative rule relating to the establishment of fees;
authorizing the board of respiratory care to promulgate a
legislative rule relating to continuing education requirement;
authorizing the economic development authority to promulgate
a legislative rule relating to the general administration of
the West Virginia capital company act: establishment of the
application procedures to implement the act; and authorizing the family protection services board to promulgate a
legislative rule relating to the operation of the board and
the licensure and funding of domestic violence programs.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five, six, seven, eight,
nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen and nineteen
,
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.
The legislative rule filed in the state register on the
twenty-third day of April, one thousand nine hundred ninety-six,
authorized under the authority of section two, article nine,
chapter nineteen of this code, 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 fourth
day of October, one thousand nine hundred ninety-six, relating to
the commissioner of agriculture (animal disease control, 61 CSR 1),
is authorized.
§64-9-2. Secretary of state.
(a) The legislative rule filed in the state register on the
twenty-sixth day of August, one thousand nine hundred ninety-six, authorized under the authority of section thirteen, article two,
chapter three of this code, relating to the secretary of state
(agencies designated to provide voter registration services, 153
CSR 28), is authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section six, article one-a,
chapter three of this code, 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 twenty-fifth day of
October, one thousand nine hundred ninety-six, relating to the
secretary of state (procedures for recount of election returns, 153
CSR 20), is authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section ten, article two, chapter
forty-seven of this code, 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 twenty-fourth day of
October, one thousand nine hundred ninety-six, relating to the
secretary of state (trademarks and service marks, 153 CSR 29), is
authorized.
§64-9-3. Governor's committee on crime, delinquency and
correction.
(a) The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
authorized under the authority of section nine, article two-a,
chapter forty-eight of this code, 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 twenty-fourth day of October,
one thousand nine hundred ninety-six, relating to the governor's
committee on crime, delinquency and correction (protocol for law- enforcement response to domestic violence, 149 CSR 3), is
authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of August, one thousand nine hundred ninety-six,
under the authority of section three, article twenty-nine, chapter
thirty of this code, 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 twenty-fifth day of February, one thousand nine
hundred ninety-seven, relating to the governor's committee on
crime, delinquency and correction (basic training academy, annual
in-service and biennial in-service training standards, 149 CSR 2),
is authorized.
§64-9-4. Cable television advisory board.
(a) The legislative rule filed in the state register on the twenty-seventh day of August, one thousand nine hundred ninety-six,
authorized under the authority of section twenty-six, article
eighteen, chapter five of this code, modified by the cable
television advisory board to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the eighteenth day of October, one thousand nine hundred
ninety-six, relating to the cable television advisory board
(implementing regulations, 187 CSR 2), is authorized.
(b) The Legislature hereby authorizes and directs the cable
television advisory board to amend and promulgate the legislative
rule promulgated and final filed in the state register on the
seventh day of June, one thousand nine hundred ninety-six, under
the authority of section twenty-six, article eighteen, chapter five
of this code, relating to the cable television advisory board
(calculation and collection of late fees, 187 CSR 6), is authorized
with the following amendment:
"On page one, by striking out all of section three and
inserting in lieu thereof the following:
'3.1. Cable operators electing to charge late fees may charge
a fixed fee of not more than two dollars on the unpaid balance
after the scheduled due date.'"
§64-9-5. Auditor.
The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six, under the authority of section ten, article three, chapter twelve
of this code, modified by the auditor to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fourth day of December, one thousand nine hundred
ninety-six, relating to the auditor (standards for requisitions for
payment issued by state officers on the auditor, 155 CSR 1), is
authorized.
§64-9-6. Commission for the deaf and hard of hearing.
The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
under the authority of section nine, article fourteen-a, chapter
five of this code, modified by the commission for the deaf and hard
of hearing to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- sixth day of February, one thousand nine hundred ninety-seven,
relating to the commission for the deaf and hard of hearing (fees
for qualified interpreters, 192 CSR 1), is authorized.
§64-9-7. Board of dental examiners.
The legislative rule filed in the state register on the
twenty-first day of June, one thousand nine hundred ninety-six,
under the authority of section four-a, article four, chapter thirty
of this code, modified by the board of dental examiners to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of October, one thousand nine hundred ninety-six, relating to the board of
dental examiners (rules for the West Virginia board of dental
examiners, 5 CSR 1), is authorized.
§64-9-8. Board of licensed practical nurses.
The legislative rule filed in the state register on the
fifteenth day of July, one thousand nine hundred ninety-six, under
the authority of section five, article seven-a, chapter thirty of
this code, modified by the board of licensed practical nurses to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
September, one thousand nine hundred ninety-six, relating to the
board of licensed practical nurses (legal standards of nursing
practice for the licensed practical nurse, 10 CSR 3), is
authorized.
§64-9-9. Board of medicine.
The legislative rule filed in the state register on the ninth
day of September, one thousand nine hundred ninety-six, under the
authority of section one thousand three hundred four, article
thirteen, chapter thirty-one-c of this code, 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
thirteenth day of February, one thousand nine hundred ninety-seven,
relating to the board of medicine (formation and approval of
professional limited liability companies, 11 CSR 7), is authorized.
§64-9-10. Nursing home administrators licensing board.
The legislative rule filed in the state register on the
twenty-first day of May, one thousand nine hundred ninety-six,
under the authority of section seven, article twenty-five, chapter
thirty of this code, modified by the nursing home administrators
licensing board 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-six, relating to the nursing home administrators licensing
board (rules of the nursing home administrators licensing board, 21
CSR 1), is authorized.
§64-9-11. Board of pharmacy.
(a) The legislative rule filed in the state register on the
seventh day of January, one thousand nine hundred ninety-seven,
under the authority of section five-a, article three, chapter
thirty of this code, modified by the board of pharmacy to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of February,
one thousand nine hundred ninety-seven, relating to the board of
pharmacy (registration of pharmacy technicians, 15 CSR 7), is
authorized.
(b) The legislative rule filed in the state register on the
eighth day of August, one thousand nine hundred ninety-six, under
the authority of section six, article nine, chapter sixty-a of this code, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-second day of November, one thousand
nine hundred ninety-six, relating to the board of pharmacy
(controlled substances monitoring, 15 CSR 8), is authorized.
§64-9-12. Board of accountancy.
The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section three, article nine, chapter thirty,
of this code, modified by the board of accountancy to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
February, one thousand nine hundred ninety-seven, relating to the
board of accountancy (board rules and rules of professional
conduct
, 1 CSR 1), is authorized.
§64-9-13. Board of barbers and cosmetologists.
(a) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
under the authority of section one, article twenty-seven, chapter
thirty of this code, modified by the board of barbers and
cosmetologists to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-seventh day of December, one thousand nine hundred
ninety-six, relating to the board of barbers and cosmetologists
(schedule of fees, 3 CSR 6), is authorized.
(b) The legislative rule filed in the state register on the
twenty-ninth day of August, one thousand nine hundred ninety-six,
under the authority of section one, article twenty-seven, chapter
thirty of this code, modified by the board of barbers and
cosmetologists to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-seventh day of December, one thousand nine hundred
ninety-six, relating to the board of barbers and cosmetologists
(procedures, criteria and curricula for examination and licensure
of barbers, cosmetologists, manicurists and aestheticians, 3 CSR
1), is authorized.
§64-9-14. Board of examiners of psychologists.
(a) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section six, article twenty-one, chapter
thirty of this code, modified by the board of examiners of
psychologists to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty- eighth day of February, one thousand nine hundred ninety-seven,
relating to the board of examiners of psychologists (qualifications
for licensure as a psychologist or school psychologist, 17 CSR 3),
is authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six, authorized under the authority of section six, article twenty-one,
chapter thirty of this code, relating to the board of examiners of
psychologists (fees, 17 CSR 1), is disapproved, and not authorized
for promulgation.
§64-9-15. Public service commission.
The legislative rule filed in the state register on the
twenty-sixth day of August, one thousand nine hundred ninety-six,
under the authority of section ten, article six, chapter twenty- four of this code, modified by the public service commission to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the eighth day of January, one
thousand nine hundred ninety-seven, relating to the public service
commission (rules and regulations for the use of the number "911"",
150 CSR 15), is authorized.
§64-9-16. Real estate appraiser licensure and certification board.
(a) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-six,
under the authority of section thirty, article fourteen, chapter
thirty of this code, modified by the real estate appraiser
licensure and certification board to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of December, one thousand nine
hundred ninety-six, relating to the real estate appraiser licensure
and certification board (requirements for licensure and certification, 190 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-six,
under the authority of section six, article fourteen, chapter
thirty of this code, modified by the real estate appraiser
licensure and certification board to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of December, one thousand nine
hundred ninety-six, relating to the real estate appraiser licensure
and certification board (renewal of licensure or certification, 190
CSR 3), is authorized.
§64-9-17. Board of respiratory care.
(a) The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-six,
under the authority of section six, article thirty-four, chapter
thirty of this code, modified by the board of respiratory care to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-ninth day of
October, one thousand nine hundred ninety-six, relating to the
board of respiratory care (procedures for licensure application
process, 30 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section six, article thirty-four, chapter thirty of this code, modified by the board of respiratory care to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-ninth day of
October, one thousand nine hundred ninety-six, relating to the
board of respiratory care (establishment of fees, 30 CSR 2), is
authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section five, article thirty-four, chapter
thirty of this code, modified by the board of respiratory care to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-ninth day of
October, one thousand nine hundred ninety-six, relating to the
board of respiratory care (continuing education requirements, 30
CSR 3), is authorized with the following amendment:
"On page two, section 4.3, line two, after the word
'subsection' by striking out '2.5'''' and inserting in lieu thereof
'2.1''."
§64-9-18. Economic development authority.
The legislative rule filed in the state register on the
thirteenth day of February, one thousand nine hundred ninety-six,
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 thirteenth day of December,
one thousand nine hundred ninety-six, relating to the economic
development authority (general administration of the West Virginia
capital company act: establishment of the application procedures to
implement the act, 117 CSR 1), is authorized.
§64-9-19. Family protection services board.
The legislative rule filed in the state register on the
thirtieth day of August, one thousand nine hundred ninety-six,
under the authority of section thirteen, article two-c, chapter
forty-eight of this code, modified by the family protection
services board to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-sixth day of February, one thousand nine hundred
ninety-seven, relating to the family protection services board
(operation of family protection services board and licensure and
funding of domestic violence programs, 191 CSR 1), is authorized."
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