ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 399
(Senators Ross, Minard,
Snyder, Unger, Boley and Minear, original sponsors)
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[Passed March 13, 2004; in effect from passage.]
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AN ACT to amend and reenact article 9, chapter 64 of the code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for
the promulgation of certain legislative rules; 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; disapproving certain rules;
authorizing the board of accountancy to promulgate a
legislative rule relating to the board and rules of
professional conduct; authorizing commissioner of agriculture
to promulgate legislative rule relating to frozen desserts and
imitation frozen desserts; authorizing commissioner of
agriculture to promulgate legislative rule relating to dairy
products and imitation dairy products; authorizing
commissioner of agriculture to promulgate legislative rule
relating to seed law; authorizing board of architects to
promulgate legislative rule relating to registration of
architects; authorizing auditor's office to promulgate
legislative rule relating to transaction fee and rate
structure; authorizing auditor's office to promulgate
legislative rule relating to state purchasing card program;
authorizing board of examiners in counseling to promulgate
legislative rule relating to fees; authorizing board of
registration for professional engineers to promulgate
legislative rule relating to governance of board; authorizing
board of examiners of land surveyors to promulgate legislative
rule relating to minimum standards for practice of land
surveying; authorizing board of examiners of land surveyors to
promulgate legislative rule relating to mandatory continuing
education for land surveyors; authorizing board of landscape
architects to promulgate legislative rule relating to board; authorizing board of examiners for licensed practical nurses
to promulgate legislative rule relating to policies and
procedures for development and maintenance of education
programs in practical nursing; authorizing board of medicine
to promulgate legislative rule relating to licensing and
disciplinary procedures: physicians and podiatrists;
authorizing board of optometry to promulgate legislative rule
relating to board; authorizing board of examiners of
psychologists to promulgate legislative rule relating to fees;
authorizing public service commission to promulgate
legislative rule relating to transportation of coal by
commercial motor vehicles; authorizing records management and
preservation board to promulgate legislative rule relating to
general management and preservation of county records; and
authorizing statewide addressing and mapping board to
promulgate legislative rule relating to addressing and mapping
standards and participation by public agencies in statewide
addressing and mapping projects.
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. Board of accountancy.
The legislative rule filed in the state register on the first
day of August, two thousand three, authorized under the authority of section five, 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-sixth day of January, two thousand four,
relating to the board of accountancy (board rules and rules of
professional conduct, 1 CSR 1), is authorized.
§64-9-2. Commissioner of agriculture.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section ten, article eleven-b, 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 twenty-fourth day of November,
two thousand three, relating to the commissioner of agriculture
(frozen desserts and imitation frozen desserts, 61 CSR 4B), is
authorized with the following amendment:
On page one, section 2.1.f, after the words "Pasteurized
Milk", by deleting the term "Ordiance", and by inserting in lieu
thereof the word "Ordinance".
(b) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section ten, article eleven-a, 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 twenty-fourth day of November,
two thousand three, relating to the commissioner of agriculture (dairy products and imitation dairy products, 61 CSR 4C), is
authorized.
(c) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section six, article sixteen, 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 twenty-fourth day of November,
two thousand three, relating to the commissioner of agriculture
(West Virginia seed law, 61 CSR 9), is authorized.
§64-9-3. Board of architects.
The legislative rule filed in the state register on the third
day of October, two thousand two, authorized under the authority of
section one, article twelve, chapter thirty of this code, modified
by the board of architects to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of April, two thousand three,
relating to the board of architects (registration of architects, 2
CSR 1), is authorized.
§64-9-4. Auditor's office.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section ten-c, article three, chapter twelve of this
code, modified by the auditor's office to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighteenth day of December, two thousand three, relating to the auditor's office (transaction fee and rate
structure, 155 CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section ten-a, article three, chapter twelve of this
code, modified by the auditor's office to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the fourth day of November, two thousand three,
relating to the auditor's office (state purchasing card program,
155 CSR 7), is authorized
with the following amendments:
On page two, section two, subdivision 2.17.e, line one,
following the words "Higher Education," by inserting the words "not
to exceed $5,000 for any purchase";
On page two, section two, subdivision 2.17.f, line two,
following the words "Higher Education," by striking out the word
"which" and inserting in lieu thereof the words "not to exceed
$5,000 for any purchase unless approved by the Purchasing Division.
'Routine, regularly scheduled payments of Higher Education'";
On page two, section two, subdivision 2.18.c, line three,
following the words "Chapter 15", by striking out the words "and WV
Code 18B-5-9";
On page two, section two, subdivision 2.18.c, line five,
following the words "with the card," and the semicolon, by
inserting the words "and as provided in WV Code 18B-5-9, the
transaction limit for Higher Education is the credit limit
associated with the card, not to exceed $5,000 for any purchase", followed by a semicolon;
On page two, section two, subdivision 2.18.e, line four,
following the words "with the card," by striking out the period and
inserting the words "except as provided in subdivision 2.17.f.";
And,
On page three, section three, subsection 3.3, line one,
following the words "an emergency", by striking out the word
"effecting" and inserting in lieu thereof the word "affecting".
§64-9-5. Board of examiners in counseling.
The legislative rule filed in the state register on the fourth
day of December, two thousand two, authorized under the authority
of section five, article thirty-one, chapter thirty of this code,
modified by the board of examiners in counseling to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of April, two
thousand three, relating to the board of examiners in counseling
(fees, 27 CSR 2), is authorized.
§64-9-6. Board of registration for professional engineers.
The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section nine, article thirteen, chapter thirty of this
code, modified by the board of registration for professional
engineers to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
fourteenth day of January, two thousand four, relating to the board
of registration for professional engineers (rule governing the West Virginia board of registration for professional engineers, 7 CSR
1), is authorized
with the following amendments:
On page three, subsection 3.3, subdivision h, by striking out
said subdivision h in its entirety;
And,
On page twenty-one, subsection 14.4, by striking out said
subsection 14.4 in its entirety and inserting in lieu thereof the
words:
The Board may assess administrative costs incurred in the
performance of its enforcement or investigatory activities against
any person or entity who violates the provisions referenced in
subsection 14.1 of this rule, which shall be paid to the West
Virginia State Board of Registration for Professional Engineers by
check or money order within a period of thirty (30) days from the
date of the final order entered by the Board.".
§64-9-7. Board of examiners of land surveyors.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section four, article thirteen-a, chapter thirty of
this code, relating to the board of examiners of land surveyors
(minimum standards for practice of land surveying in West Virginia,
23 CSR 1), is authorized with the following amendments:
On page three, subsection 5.1, line eight, after the words
"annual renewal fee" by striking out the comma and the words
"determined by the board, not to exceed one hundred dollars
($100.00)" and by inserting in lieu thereof the words "of forty dollars ($40.00)";
On page three, subsection 5.1, line nine, after the words "the
fee shall increase", by striking out the words "an amount
determined by the Board, not to exceed twenty per cent (20%) of the
annual renewal fee" and inserting in lieu thereof the words "one
dollar ($1.00)";
And,
On page four, subsection 5.1, line one, after the words
"payment of a fee", by striking out the words "determined by the
Board, not to exceed fifty dollars ($50.00)" and by inserting in
lieu thereof the words "of ten dollars ($10.00)".
(b) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section four, article thirteen-a, chapter thirty of
this code, relating to the board of examiners of land surveyors
(mandatory continuing education for land surveyors, 23 CSR 2), is
authorized.
§64-9-8. Board of landscape architects.
The legislative rule filed in the state register on the first
day of August, two thousand three, authorized under the authority
of section five, article twenty-two, chapter thirty of this code,
modified by the board of landscape architects to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of November,
two thousand three, relating to the board of landscape architects
(rule of the West Virginia board of landscape architects, 9 CSR 1), is authorized, with the following amendment:
On page one, section 1.1, line one, after the words "the
Board", by inserting the words "and the";
On page three, section 4.15, line two, after the words
"Section 8 of", by striking out the words "these rules" and
inserting in lieu thereof, the words "this rule";
On page four, section 6.5, line two, after the words "Section
4.2 of", by striking out the words "these rules" and inserting in
lieu thereof, the words "this rule";
On page five, section 6.6, line four, after the words "Section
4.17 of", by striking out the words "these rules" and inserting in
lieu thereof, the words "this rule";
On page five, section 6.8, line three, after the words "10.6
of", by striking out the words "these rules" and inserting in lieu
thereof, the words "this rule";
And,
On page seven, section 7.7, line four, after the word "or", by
striking out the words "these rules" and inserting in lieu thereof,
the words "this rule", and after the words "violation of", by
striking out the words "these rules" and inserting in lieu thereof,
the words "this rule".
§64-9-9. Board of examiners for licensed practical nurses.
The legislative rule filed in the state register on the
twenty-third day of June, two thousand three, authorized under the
authority of section one, article seven-a, chapter thirty of this
code, relating to the board of examiners for licensed practical nurses (policies and procedures for development and maintenance of
education programs in practical nursing, 10 CSR 1), is authorized.
§64-9-10. Board of medicine.
The legislative rule filed in the state register on the
sixteenth day of July, two thousand three, authorized under the
authority of section seven, article three, chapter thirty of this
code, relating to the board of medicine (licensing and disciplinary
procedures: physicians; podiatrists, 11 CSR 1a), is authorized.
§64-9-11. Board of optometry.
The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section three, article eight, chapter thirty of this
code, modified by the board of optometry to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighteenth day of December, two thousand
three, relating to the board of optometry (rule of the West
Virginia board of optometry, 14 CSR 1), is authorized.
§64-9-12. Board of examiners of psychologists.
The legislative rule filed in the state register on the
eighteenth day of June, two thousand three, 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 eighth day of August, two
thousand three, relating to the board of examiners of psychologists
(fees, 17 CSR 1), is authorized.
§64-9-13. Public service commission.
The legislative rule filed in the state register on the
twenty-first day of November, two thousand three, authorized under
the authority of section three, article seventeen-a, chapter
seventeen-c 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 twenty-sixth day
of January, two thousand four, relating to the public service
commission (transportation of coal by commercial motor vehicles,
150 CSR 27), is authorized.
§64-9-14. Records management and preservation board.
The legislative rule filed in the state register on the
thirteenth day of June, two thousand three, authorized under the
authority of section fifteen, article eight, chapter five-a of this
code, relating to the records management and preservation board
(general management and preservation of county records, 100 CSR 2),
is authorized
with the following amendment:
On page seven, section five, subsection 5.2, line 1, by
striking the word "shall" and inserting the word "may"
.
§64-9-15. Statewide addressing and mapping board.
The legislative rule filed in the state register on the first
day of August, two thousand three, authorized under the authority
of section six, 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 twenty-sixth day of January, two thousand four, relating to the statewide addressing and mapping
board (addressing and mapping standards and participation by public
agencies in statewide addressing and mapping projects, 169 CSR 2),
is authorized.
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