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Engrossed Version Senate Bill 299 History

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

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 299

(By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear)

__________

[Originating in the Committee on the Judiciary;

reported February 24, 2006.]

__________


A BILL to amend and reenact article 9, 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 Department of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Department of Agriculture to promulgate a legislative rule relating to certified pesticide applicators ; authorizing the Department of Agriculture to promulgate a legislative rule relating to integrated pest management programs in schools and day care centers/facilities ; authorizing the Department of Agriculture to promulgate a legislative rule relating to voluntary farmland protection program ; authorizing the State Auditor to promulgate a legislative rule relating to state purchasing card program; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to fees; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the dental advertising; authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to motor vehicle stop data collection standard for study of racial profiling; authorizing the Board of Examiners for Licensed Practical Nurses to promulgate a rule relating to policies regulating licensure of the licensed practical nurse; authorizing the Board of Occupational Therapy to promulgate a legislative rule relating to administrative rule of the Board of Occupational Therapy and licensure of occupational therapists and occupational therapy assistants; authorizing the Board of Optometry to promulgate a legislative rule relating to rules for the West Virginia Board of Optometry; authorizing the Board of Optometry to promulgate a legislative rule relating to schedule of fees; authorizing the Board of Osteopathy to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Board of Examiners of Psychologists to promulgate a legislative rule relating to qualifications for licensure as a psychologist or a school psychologist ; authorizing the Radiologic Technology Board of Examiners to promulgate a legislative rule relating to the board; authorizing the Radiologic Technology Board of Examiners to promulgate a legislative rule relating to standards of ethics; authorizing the Real Estate Appraiser Board to promulgate a legislative rule relating to requirements for licensure and certification; authorizing the Real Estate Appraiser Board to promulgate a legislative rule relating to renewal of licensure and certification; authorizing the Secretary of State to promulgate a legislative rule relating to loan program for purchase of voting equipment, software and services; authorizing the Secretary of State to promulgate a legislative rule relating to public testing of ballot-marking voting systems and precinct ballot- scanning devices; authorizing the Secretary of State to promulgate a legislative rule relating to use of digital signatures, state certificate authority and state repository; authorizing the Statewide Addressing and Mapping Board to promulgate a legislative rule relating to final distribution and use of the statewide addressing and mapping fund; authorizing the Statewide Addressing and Mapping Board to promulgate a legislative rule relating to standard fees for planimetric elevation data; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to organization and operation; authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to certified animal euthanasia technicians; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees.

Be it enacted by the Legislature of West Virginia:
That article 9, chapter 64 of the Code of West Virginia, 1931, 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 rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section two, article nine, chapter nineteen of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of December, two thousand five, relating to the Department of Agriculture (animal disease control, 61 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article sixteen-a, chapter nineteen of this code, modified by the Department of Agriculture 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 five, relating to the Department of Agriculture (certified pesticide applicators, 61 CSR 12A), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article sixteen-a, chapter nineteen of this code, modified by the Department of Agriculture 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 five, relating to the Department of Agriculture (integrated pest management programs in schools and day care centers/facilities, 61 CSR 12J), is authorized.
(d) The legislative rule filed in the State Register on the twenty-second day of December, two thousand five, authorized under the authority of section twenty, article twelve, chapter eight-a of this code, modified by the Department of Agriculture to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirteenth day of January, two thousand six, relating to the Department of Agriculture (voluntary farmland protection program, 61 CSR 26), is authorized.
§64-9-2. State Auditor.
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section ten-a, 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 twenty-first day of December, two thousand five, relating to the Auditor (state purchasing card program, 155 CSR 7), is authorized.
§64-9-3. State Conservation Committee.
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article twenty-one-a, chapter nineteen of this code, modified by the State Conservation Committee to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourth day of January, two thousand six, relating to the State Conservation Committee (State Conservation Committee, 63 CSR 1), is authorized.
§64-9-4. Board of Dental Examiners.
(a)
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (fees established by the board, 5 CSR 3), is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section six, 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 sixth day of January, two thousand six, relating to the Board of Dental Examiners (dental advertising, 5 CSR 8), is authorized.
§64-9-5. Governor's Committee on Crime, Delinquency and Correction.
The legislative rule filed in the State Register on the twenty-third day of November, two thousand four, authorized under the authority of section three, article two, chapter seventeen-g 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 thirteenth day of January, two thousand six, relating to the Governor's Committee on Crime, Delinquency and Correction (motor vehicles stop data collection standards for the study of racial profiling, 149 CSR 5), is not authorized.
§64-9-6. Board of Examiners for Licensed Practical Nurses.
The legislative rule filed in the State Register on the fifth day of July, two thousand five, authorized under the authority of section five, article seven-a, chapter thirty of this code, modified by the State 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 first day of November, two thousand five, relating to the State Board of Examiners for Licensed Practical Nurses (policies regulating licensure of the licensed practical nurse, 10 CSR 2), is authorized.
§64-9-7. Board of Occupational Therapy.
The legislative rule filed in the State Register on the twenty-seventh day of June, two thousand five, authorized under the authority of section six, article twenty-eight, chapter thirty of this code, modified by the Board of Occupational Therapy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of November, two thousand five, relating to the Board of Occupational Therapy (administrative rule of the Board of Occupational Therapy and licensure of occupational therapists and occupational therapy assistants, 13 CSR 1), is authorized, with the following amendment:
On page six, subsection 9.2.a.1, by striking out the words "for ninety (90) days from date of issuance of the limited permit" and inserting in lieu thereof the words "until the date on which the results of the next qualifying examination have been made public";
And,
On page six, subsection 9.2.b.1, by striking out the words "for ninety (90) days from the date of issuance of the limited permit" and inserting in lieu thereof the words "one (1) year or until eligibility to sit for the certification exam is withdrawn or the results of the certification exam have been made public".
§64-9-8. Board of Optometry.
(a)
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article eight, chapter thirty of this code, relating to the Board of Optometry (rules for the West Virginia Board of Optometry, 14 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section three, article eight, chapter thirty of this code, relating to the Board of Optometry (schedule of fees, 14 CSR 5), is authorized.
§64-9-9. Board of Osteopathy.
The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section one, article fourteen-a, chapter thirty of this code, modified by the Board of Osteopathy to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-third day of January, two thousand six, relating to the Board of Osteopathy (osteopathic physician assistants, 24 CSR 2), is authorized with the amendments set forth below:
On page four, subdivision 2.6.1, by striking the words "three (3) physician assistants" and inserting in lieu thereof, the following "two (2) physician assistants";
And,
On page eleven, subdivision 2.12.8., line one, after the word "assistant", by inserting the word "not".
§64-9-10. Board of Pharmacy.
The legislative rule filed in the State Register on the seventh day of July, two thousand five, authorized under the authority of sections six and seven, article ten, 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 eleventh day of October, two thousand five, relating to the Board of Pharmacy (ephedrine and pseudoephedrine control, 15 CSR 11), is authorized.
§64-9-11. Board of Examiners of Psychologists.
The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized 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 fourth day of January, two thousand six, relating to the Board of Examiners of Psychologists (qualifications for licensure as a psychologist or a school psychologist, 17 CSR 3), is authorized, with the following amendments:
On page one, subsection 2.2., by striking out the word "institute" and inserting in lieu thereof the word "institution";
On page five, subsection 8.4., after the word "as" by striking out the word "a";
On page seven, paragraph 12.1.d., by striking out "@" and inserting in lieu thereof a quotation mark;
And,
On page seven, section 12.7., by striking out the word "loner" and inserting in lieu thereof the word "longer".

§64-9-12. Radiologic Technology Board of Examiners.
(a) The legislative rule filed in the State Register on the twenty-first day of July, two thousand five, authorized under the authority of section five, article twenty-three, chapter thirty of this code, relating to the Radiologic Technology Board of Examiners (rule of the West Virginia Radiologic Technology Board of Examiners, 18 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand five, authorized under the authority of section five, article twenty-three, chapter thirty of this code, modified by the Radiologic Technology Board of Examiners to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-eighth day of December, two thousand five, relating to the Radiologic Technology Board of Examiners (standard of ethics, 18 CSR 5), is authorized.
§64-9-13. Real Estate Appraiser Licensure and Certification Board.
(a)
The legislative rule filed in the State Register on the eleventh day of July, two thousand five, authorized under the authority of section seven, article thirty-eight, 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 eighteenth day of January, two thousand 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 eleventh day of July, two thousand five, authorized under the authority of section nine, article thirty-eight, chapter thirty of this code, relating to the Real Estate Appraiser Licensure and Certification Board (renewal of licensure and certification, 190 CSR 3), is authorized.
§64-9-14. Secretary of State.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section forty-eight, article one, 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 tenth day of January, two thousand six, relating to the Secretary of State (loan program for purchase of voting equipment, software and services, 153 CSR 10), is authorized, with the following amendment:
On page one, subsection 1.1., line one, after the words "administration of the", by inserting the words "County Assistance Voting Equipment Fund ('Fund')";
On page one, subsection 1.1., by striking out the words "S. B. 3002" and inserting in lieu thereof the words "W. Va. Code §3-1- 48";
On page one, section 2., by striking out the words "County commissions" and inserting in lieu thereof the words "A county commission";
On page one, section 2., after the word "loan", by inserting the words "from the Fund";
On page one, section 2., after the words "related services", by inserting a comma;
On page one, subsection 3.1., after the words "requesting a loan", by striking out the comma and inserting the words "from the Fund";
On page one, subdivision 3.2.a., by striking out the word "County" and inserting in lieu thereof the word "county";
On page one, subdivision 3.2.c., after the word "funds", by inserting a comma;
On page two, section 4.1, by striking out the words "County commissions" and inserting in lieu thereof the words "A county commission";
On page two, section 4.1, after the words "obtain a loan", by inserting the words "from the Fund";
On page two, subsection 4.2., after the words "fifty percent" by inserting"(50%)";
On page two, subsection 4.2., by striking out the words "required by the county commission";
On page two, subsection 4.2., after the words "Commission that" by striking out the word "it" and inserting in lieu thereof the words "the county commission";
On page two, section 4.3, by striking out the words "County commissions" and inserting in lieu thereof the words "A county commission";
On page two, section 5., by striking out the word "only";
On page two, section 5., after the words "approved by the State Election Commission", by inserting the word "only";
On page two, section 5., after the word "services", by inserting the words "and only";
On page two, section 5., after the words "if certified", by inserting a comma and the words "when necessary,";
On page two, section 5., by striking out the words "if applicable";
On page two, section 6., by striking out the word "contracted" and inserting in lieu thereof the word "contract";
On page three, section 6., after the word "county", by inserting a period, striking out the words "and the" and inserting in lieu thereof the word "The";
On page three, subsection 7.1., after the words "forty-five days", by striking out the words "of receipt";
On page three, subsection 7.1., after the words "a denial", by striking out the words "shall have" and inserting in lieu thereof the word "has";
On page three, subsection 7.2., after the word "loan" by striking out the colon and the words "Provided that" and inserting in lieu thereof the word "if";
On page three, subsection 7.3., by striking out the words "a period not to exceed five years or";
On page three, subsection 7.3., after the words "length of the contract", by inserting a comma and the words "not to exceed five years";
On page three, subsection 7.3., after the word "services", by inserting a period and striking out the remainder of the sentence;
On page three, subsection 7.4., after the words "basis for", by striking out the word "repayment";
On page three, subsection 7.4., after the word "allow", by inserting the word "a";
On page three, subsection 7.4., by striking out the words "continuation for a period of" and inserting in lieu thereof the words "to continue for";
On page three, subsection 7.4., by striking out the word "total";
On page three, section 8., after the words "one request" by striking out the comma and the words "will be" and inserting in lieu thereof the word "is";
On page three, section 8., after the words "time of the request" by changing the comma to a period, striking out the word "the" and inserting in lieu thereof the word "The";
On page three, section 8., line five, after the words "presidential election", by changing the colon to a period and by striking out the remainder of the section;
On page three, section 9., after the words "The loan", by striking out the word "shall" and inserting in lieu thereof the word "may";
On page three, section 9., after the words "apply for", by striking out the words "matching funds" and inserting in lieu thereof the words "a loan";
On page four, section 10., after the words "voting system" by striking out the comma and the words "shall be" and inserting in lieu thereof the word "is";
On page four, section 10., after the words "loan proceeds", by striking out the comma and the words "that will be available to such counties under this loan program according to section 8 of this rule" and inserting in lieu thereof the words "available to any such county";
On page four, subsection 11.3., by placing quotation marks around the words "Nonpayment of the loan installments" and by striking out the words "shall mean" and inserting in lieu thereof the word "means";
On page four, subsection 11.4., by striking out the word "Any" inserting in lieu thereof the word "The Secretary of State will cease any";
On page four, subsection 11.4., after the words "legal action", by striking out the words "will cease";
And,
On page four, subsection 11.4., by striking out the words "shall be" and inserting in lieu thereof the word "is".
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of sections nine-a and nine-b, article four-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 tenth day of January, two thousand six, relating to the Secretary of State (public testing of ballot-marking voting systems and precinct ballot-scanning devices, 153 CSR 11), is authorized, with the following amendment:
On page one, subsection 1.1., after the words "ballot scanning", by striking out the words "the approval and use of various types of vote recording devices" and inserting in lieu thereof the word "systems";
On page one, subdivision 2.1.a., after the words "system ballot", by striking out the comma;
On page one, section 3., by striking out the word "will" and inserting in lieu thereof the word "shall";
And,
On page one, subsection 5.1., by striking out the word "annually" and inserting in lieu thereof the words "every two years".
(c) The legislative rule filed in the State Register on the twenty-first day of June, two thousand five, authorized under the authority of section three, article three, chapter thirty-nine-a 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 tenth day of January, two thousand six, relating to the Secretary of State (use of digital signatures, state certificate authority and state repository, 153 CSR 30), is authorized.
§64-9-15. Statewide Addressing and Mapping Board.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section five, article one, chapter twenty-four-e of this code, modified by the Statewide Addressing and Mapping Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Statewide Addressing and Mapping Board (final distribution and use of the statewide addressing and mapping fund, 169 CSR 3), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section nine, article one, chapter twenty-four-e of this code, modified by the Statewide Addressing and Mapping Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eleventh day of October, two thousand five, relating to the Statewide Addressing and Mapping Board (standard fees for planimetric elevation data, 169 CSR 4), is authorized.
§64-9-16.
Board of Veterinary Medicine.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of October, two thousand five, relating to the Board of Veterinary Medicine (organization and operation, 26 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section nine, article ten-a, chapter thirty of this code, modified by the Board of Veterinary Medicine to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of October, two thousand five, relating to the Board of Veterinary Medicine (certified animal euthanasia technicians, 26 CSR 5), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section four, article ten, chapter thirty of this code, relating to the Board of Veterinary Medicine (schedule of fees, 26 CSR 6), is authorized.
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