COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 333
(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear)
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[Originating in the Committee on the Judiciary;
reported March 1, 2000.]
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A BILL 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; 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 commissioner of agriculture to promulgate a legislative rule relating to the marketing of eggs; authorizing the athletic commission to promulgate a legislative rule relating to the commission ; authorizing the auditor to promulgate a legislative rule relating to standards for requisitions for payment issued by state officers on the auditor ; authorizing the auditor to promulgate a legislative rule relating to the transaction fee and rate structure ; authorizing the elections commission to promulgate a legislative rule relating to the regulation of campaign finance; authorizing the family protection services board to promulgate a legislative rule relating to the licensure of domestic violence and perpetrator intervention programs ; authorizing the board of registration for foresters to promulgate a legislative rule relating to the registration of foresters ; authorizing the governor's committee on crime, delinquency and correction to promulgate a legislative rule relating to law enforcement training standards ; authorizing the board of medicine to promulgate a legislative rule relating to fees for services rendered by the board ; authorizing the nursing home administrators licensing board to promulgate a legislative rule relating to the board; authorizing the board of physical therapy to promulgate a legislative rule relating to general provisions ; authorizing the board of examiners of registered professional nurses to promulgate a legislative rule relating to policies and criteria for the evaluation and accreditation of colleges, departments or schools of nursing ; authorizing the board of respiratory care to promulgate a legislative rule relating to continuing education requirements ; authorizing the board of respiratory care to promulgate a legislative rule relating to disciplinary action ; authorizing the secretary of state to promulgate a legislative rule relating to filing fees for organizations ; authorizing the secretary of state to promulgate a legislative rule relating to the elimination of precinct registration books ; authorizing the traumatic brain and spinal cord injury rehabilitation fund board to promulgate a legislative rule relating to the traumatic brain and spinal cord injury rehabilitation fund ; authorizing the board of veterinary medicine to promulgate a legislative rule relating to standards of practice ; and authorizing the board of barbers and cosmetologists to promulgate a legislative rule relating to procedures, criteria and curricula for examination and licensure of barbers, cosmetologists, manicurists and aestheticians.

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.
The legislative rule filed in the state register on the thirtieth day of June, one thousand nine hundred ninety- nine, authorized under the authority of section ten, article ten-a, chapter nineteen of this code, relating to the commissioner of agriculture (marketing of eggs, 61 CSR 7A), is authorized.
§64-9-2. Athletic commission.
The legislative rule filed in the state register on the eighth day of July, one thousand nine hundred ninety-nine, under the authority of section twenty-four, article five-a, chapter twenty-nine of this code, modified by the athletic commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of January, two thousand, relating to the athletic commission (administrative rules and regulations of the West Virginia state athletic commission, 177 CSR 1), is authorized.
§64-9-3. Auditor and department of administration.
(a) The legislative rule filed in the state register on the third day of August, one thousand nine hundred ninety-nine, 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 thirty- first day of August, one thousand nine hundred ninety-nine, relating to the auditor (standards for requisitions for payment issued by state officers on the auditor , 155 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, one thousand nine hundred ninety-nine, under the authority of section ten-c, 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-fourth day of September, one thousand nine hundred ninety-nine, relating to the auditor (transaction fee and rate structure , 155 CSR 4), is authorized.
§64-9-4. Elections commission.
The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, under the authority of section five, article one-a, chapter three of this code, modified by the elections commission 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-nine, relating to the elections commission (regulation of campaign finance , 146 CSR 3), is authorized.
§64-9-5. Board of registration for foresters .
The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, under the authority of section six, article nineteen, chapter thirty of this code, modified by the board of registration for foresters to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-ninth day of September, one thousand nine hundred ninety-nine, relating to the board of registration for foresters (registration of foresters, 200 CSR 1), is authorized.
§64-9-6. Family protection services board .
The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, under the authority of section four, 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-second day of December, one thousand nine hundred ninety-nine, relating to the family protection services board (licensure of domestic violence and perpetrator intervention programs , 191 CSR 2), is authorized.
§64-9-7. Governor's committee on crime, delinquency and
correction .
(a) The legislative rule filed in the state register on the fourth day of August, one thousand nine hundred ninety- nine, authorized 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- fourth day of January, two thousand, relating to the governor's committee on crime, delinquency and correction (law enforcement training standards, 149 CSR 2), is authorized with the amendments set forth below:
On page 48, subsection 15.3, after the word "courses:" by adding the words "Provided, That persons appointed to the position of chief deputy are exempt from the physical ability test:";
On page 50, subsection 16.5, after the word "may" by striking out the word "not";
And,
On page 51, subsection 16.5, after the word "rule", by adding the words "Employing agencies shall report to the law enforcement training subcommittee, within 10 working days, all final judgements or settlements with a dismissal order entered against any certified officer for abuse or neglect of duty."
§64-9-8. Board of medicine.
The legislative rule filed in the state register on the twenty-first day of July, one thousand nine hundred ninety-nine, under the authority of section seven, article three, chapter thirty of this code, relating to the board of medicine (fees for services rendered by the board of medicine, 11 CSR 4), is authorized with amendments set forth below:
On page one, subsection 2.1 by striking out "$300" and inserting in lieu thereof "$250";
On page one, subsection 2.6 by striking out "$300" and inserting in lieu thereof "$250";
And,
On page one, subsection 2.9 by striking out "$300" and inserting in lieu thereof "$250".
§64-9-9. Nursing home administrators licensing board .
The legislative rule filed in the state register on the twentieth day of July, one thousand nine hundred ninety-nine, 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 twenty-third day of August, one thousand nine hundred ninety-nine, relating to the nursing home administrators licensing board (rules of the nursing home administrators licensing board , 21 CSR 1), is authorized.
§64-9-10. Board of physical therapy.
The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, under the authority of section five, article twenty, chapter thirty of this code, modified by the board of physical therapy to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty- ninth day of December, one thousand nine hundred ninety-nine, relating to the board of physical therapy (general provisions, 16 CSR 1), is authorized.

§64-9-11. Board of examiners of registered professional nurses .

The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, under the authority of section four, article seven, chapter thirty of this code, modified by the board of examiners of registered professional nurses to meet the objections of the legislative rule-making review committee and refiled in the state register on the first day of November, one thousand nine hundred ninety-nine, relating to the board of examiners of registered professional nurses (policies and criteria for the evaluation and accreditation of colleges, departments or schools of nursing , 19 CSR 1), is authorized.
§64-9-12. Board of respiratory care .
(a) The legislative rule filed in the state register on the fourth day of August, one thousand nine hundred ninety-nine, 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 eighth day of November, one thousand nine hundred ninety-nine, relating to the board of respiratory care (continuing education requirements , 30 CSR 3), is authorized.
(b) The legislative rule filed in the state register on the eighth day of September, one thousand nine hundred ninety-nine, 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 eighth day of November, one thousand nine hundred ninety-nine, relating to the board of respiratory care (disciplinary action, 30 CSR 4), is authorized.
§64-9-13. Secretary of state .
(a) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section five, article six-c, chapter forty-six-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 twenty-first day of December, one thousand nine hundred ninety-nine, relating to the secretary of state (filing fees for organizations, 153 CSR 15), is authorized.
(b) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section twenty- one, article two, 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 seventeenth day of December, one thousand nine hundred ninety-nine, relating to the secretary of state (elimination of precinct registration books , 153 CSR 9), is authorized.

§64-9-14. Traumatic brain and spinal cord injury rehabilitation fund .

The legislative rule filed in the state register on the twenty-seventh day of April, one thousand nine hundred ninety-nine, under the authority of section three, article ten-k, chapter eighteen of this code, modified by the traumatic brain and spinal cord injury rehabilitation fund board to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of July, one thousand nine hundred ninety-nine, relating to the traumatic brain and spinal cord injury rehabilitation fund board (traumatic brain and spinal cord injury rehabilitation fund , 197 CSR 1), is authorized.
§64-9-15. Board of veterinary medicine.
The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, 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 twenty-eighth day of October, one thousand nine hundred ninety-nine, relating to the board of veterinary medicine (standards of practice, 26 CSR 4), is authorized.
§64-9-16. Board of barbers and cosmetologists.
The legislative rule filed in the state register on the twenty-sixth day of March, one thousand one hundred ninety nine, authorized under the authority of section one, article twenty-seven, chapter thirty of this code relating to the board of barbers and cosmetologists (procedures, criteria, and curricular for examination and licensure of barbers, cosmetologists, manicurists and aestheticians, 3 CSR 1), is reauthorized with the following amendments:
On page two of the published code of state rules, section five, by adding a new subsection, to read as follows:
"5.3.
Every student has the option of completing a course of study for:
(a) A one thousand eight hundred hour barbering course, exclusive of permanent waving license; or
(b) The existing course of study consisting of at least two thousand clock hours divided as specified in table 3-1A of this rule and subdivided at the discretion of the faculty of the school."