SB299 SUB1
Senate Bill 299 History
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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.