Senate Bill No. 156
(By Senator Snyder)
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[Introduced January 15, 2003; referred to the Committee on
Government Organization.]
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A BILL to amend article thirteen-b, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-three; to amend article one, chapter seventeen-e of
said code by adding thereto a new section, designated section
twenty-six; to amend and reenact section twelve-b, article
three, chapter twenty-nine of said code; and to amend chapter
thirty of said code by adding thereto a new article,
designated article forty-one, all relating to renewal and
notification requirements and procedures for various
professions, occupations and others who hold licenses or
permits to engage in certain business-related activities.
Be it enacted by the Legislature of West Virginia:
That article thirteen-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-
three; that article one, chapter seventeen-e of said code be
amended by adding thereto a new section, designated section twenty-
six; that section twelve-b, article three, chapter twenty-nine of
said code be amended and reenacted; and that chapter thirty of said
code be amended by adding thereto a new article, designated article
forty-one, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 13B. COMMUNITY IMPROVEMENT ACT.
§16-13B-23. Licensure requirements for wastewater operators.
Notwithstanding any provision of law to the contrary, as to
any person who holds any license or permit to operate any
wastewater facility regulated by the provisions of this chapter,
the following provisions apply:
(a) At least thirty days prior to the expiration of any such
permit or license required by this chapter to operate a wastewater
facility, the public service district having jurisdiction and
authority over the particular wastewater facility, shall, by first
class United States mail, notify the permitee or licensee of the
impending deadline to renew the permit or license. In the event a
permitee or licensee allows a permit or license to expire, the
public service district, shall, by certified mail, return receipt
requested, notify the past permitee or licensee of the expiration
of the permit or license while informing them in the notice that they may renew the permit or license within one year of the date
of expiration of same without having to be recertified or retested,
in the event recertification or retesting are otherwise required.
(b) Public service districts under the provisions of this
chapter shall notify any past permitee or licensee who, it appears
from the records of the public service district, have not renewed
an expired permit or license within five years preceding the
effective date of this article and section, that they may renew the
permit or license within one year from the date of the notice,
without any requirement of recertification or retesting, upon the
payment of twice the amount of the applicable renewal fee and upon
the satisfaction of any other reasonable renewal requirement,
including any continuing education requirement that may apply to
such recertification or renewal.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-26. Renewal requirements.
Notwithstanding any provision of law to the contrary, as to
any person holding a commercial driver's license regulated by the
provisions of this article, the following provisions apply:
(a) At least thirty days prior to the expiration of any
license required by this chapter, the commissioner shall, by first
class United States mail, notify the licensee of the impending
deadline to renew the license. In the event a licensee allows a license to expire, the commissioner, shall, by certified mail,
return receipt requested, notify the past licensee of the
expiration of the license while informing him or her in the notice
that they may renew the license within one year of the date of
expiration without the necessity of recertification or retesting.
(b) The commissioner shall notify any past licensee who, it
appears from the records of the commissioner, has not renewed an
expired license within five years preceding the effective date of
this article and section that they may renew the license within one
year from the date of the notice, without any requirement of
recertification or retesting, upon the payment of twice the amount
of the applicable renewal fee and upon the satisfaction of any
other reasonable renewal requirement, including any continuing
education requirement that may apply to recertification or renewal.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-12b. Fees.
(a) The state fire marshal may establish fees in accordance
with the following:
(1)
For blasting. -- Any person storing, selling or using
explosives shall first obtain a permit from the state fire marshal.
The permit shall be valid for one year. The state fire marshal may
charge a fee for the permit:
Provided, That notwithstanding any
provision of law to the contrary, as to any person holding a permit as required by this section, the following provisions apply:
(A) At least thirty days prior to the expiration of the
permit, the state fire marshal shall, by first class United States
mail, notify the holder of the permit of the impending deadline to
renew the permit. In the event a permit holder allows the permit
to expire, the state fire marshal, shall, by certified mail, return
receipt requested, notify the past permit holder of the expiration
of the permit while informing him or her in the notice that they
may renew the permit within one year of the date of the expiration
same without the necessity of recertification or retesting.
(B) The state fire marshal shall notify any past permit holder
who, it appears from the records of the state fire marshal, has
not renewed an expired permit within five years preceding the
effective date of this provision that they may renew the permit
within one year from the date of the notice, without any
requirement of recertification or retesting, upon the payment of
twice the amount of the applicable renewal fee and upon the
satisfaction of any other reasonable renewal requirement, including
any continuing education requirement that may apply to
recertification or renewal.
(2)
For inspections of schools or day care facilities. -- The
state fire marshal may charge a fee of up to twenty-five dollars
per annual inspection for inspection of schools or day care
facilities:
Provided, That only one such fee may be charged per year for any building in which a school and a day care facility are
co-located:
Provided, however, That any school or day care
facility may not be charged for an inspection more than one time
per twelve-month period.
(3)
For inspections of hospitals or nursing homes. -- The
state fire marshal may charge an inspection fee of up to one
hundred dollars per annual inspection of hospitals or nursing
homes:
Provided, That any hospital or nursing home may not be
charged for an inspection more than one time per twelve-month
period.
(4)
For inspections of personal care homes or board and care
facilities. -- The state fire marshal may charge an inspection fee
of up to fifty dollars per annual inspection for inspections of
personal care homes or board and care facilities:
Provided, That
any personal care home or board and care facility may not be
charged for an inspection more than one time per twelve-month
period.
(5)
For inspections of residential occupancies. -- The state
fire marshal may charge an inspection fee of up to one hundred
dollars for each inspection of a residential occupancy. For
purposes of this subdivision, "residential occupancies" are those
buildings in which sleeping accommodations are provided for normal
residential purposes.
(6)
For inspections of mercantile occupancies. -- The state fire marshal may charge an inspection fee of up to one hundred
dollars for inspections of mercantile occupancies:
Provided, That
if the inspection is in response to a complaint made by a member of
the public, the state fire marshal shall obtain from the
complainant an advance inspection fee of twenty-five dollars. This
fee shall be returned to the complainant if, after the state fire
marshal has made the inspection, he or she finds that the complaint
was accurate and justified, and he or she shall thereafter collect
an inspection fee of up to one hundred dollars from the mercantile
occupancy. If, after the inspection has been performed, it appears
to the state fire marshal that the complaint was not accurate or
justified, the state fire marshal shall keep the twenty-five dollar
advance inspection fee obtained from the complainant and may not
collect any fees from the mercantile occupant. For purposes of
this section, "mercantile occupancy" includes stores, markets and
other rooms, buildings or structures for the display and sale of
merchandise.
(7)
For business occupancies. -- The state fire marshal may
charge an inspection fee of up to one hundred dollars for
inspections of business occupancies:
Provided, That the provisions
in subdivision (6) of this section shall apply regarding complaints
by members of the public. For purposes of this section, "business
occupancies" are those buildings used for the transaction of
business, other than mercantile occupancies, for the keeping of accounts and records and similar purposes.
(8)
For inspections of assembly occupancies. -- The state
fire marshal may charge an inspection fee not more than one time
per twelve-month period for the inspection of assembly occupancies.
The inspection fee shall be assessed as follows: For Class C
assembly facilities, an inspection fee not to exceed fifty dollars;
for Class B assembly facilities, an inspection fee not to exceed
seventy-five dollars; and for Class A facilities, an inspection fee
not to exceed one hundred dollars.
For purposes of this subdivision, an "assembly occupancy"
includes, but is not limited to, all buildings or portions of
buildings used for gathering together fifty or more persons for
such purposes as deliberation, worship, entertainment, eating,
drinking, amusement or awaiting transportation. For purposes of
this section, a "Class C assembly facility" is one that
accommodates fifty to three hundred persons; a "Class B facility"
is one which accommodates more than three hundred persons but less
than one thousand persons; and a "Class A facility" is one which
accommodates more than one thousand persons.
(b) The state fire marshal may collect fees for the fire
safety review of plans and specifications for new and existing
construction. Fees shall be paid by the party or parties receiving
the review.
(1)
Structural barriers and fire safety plans review. -- The fee is one dollar for each one thousand dollars of construction
cost up to the first one million dollars. Thereafter, the fee is
forty cents for each one thousand dollars of construction cost.
(2)
Sprinkler system review. -- The fee charged for the
review of an individual sprinkler system is as follows: Number of
heads: One to two hundred -- eighty-five dollars; two hundred one
to three hundred -- one hundred dollars; three hundred one to seven
hundred fifty -- one hundred twenty dollars; over seven hundred
fifty -- one hundred twenty dollars plus ten cents per head over
seven hundred fifty.
(3)
Fire alarm systems review. -- The fee charged for the
review of a fire alarm system is fifty dollars for each ten
thousand square feet of space with a fifty dollar minimum charge.
(4)
Range hood extinguishment system review. -- The fee is
twenty-five dollars per individual system reviewed.
(5)
Carpet specifications. -- The fee for carpet review and
approval is twenty dollars per installation.
(c) All fees authorized and collected pursuant to this article
and article three-b of this chapter shall be paid to the state fire
marshal and thereafter deposited into a special account to be
appropriated by the Legislature for the operation of the state fire
commission in administering this article and article three-b of
this chapter. Beginning on the first day of July, one thousand
nine hundred ninety-two, and every fiscal year thereafter, at the end of each fiscal year there shall be transferred from the special
account, to the general revenue fund of the state, ten percent of
all money collected by the fire marshal during the year:
Provided,
That any balance remaining in the special account at the end of any
fiscal year, after the transfer of the ten percent, shall be
reappropriated to the next fiscal year:
Provided, however, That in
addition to said ten percent, amounts collected which are found
from time to time to exceed the funds needed for purposes for which
the fees are collected may be transferred to other accounts or
redesignated for other purposes by appropriation of the
Legislature.
(d) If the owner or occupant of any occupancy arranges a time
and place for an inspection with the state fire marshal and is not
ready for the occupancy to be inspected at the appointed time and
place, the owner or occupant thereof shall be charged the
inspection fee provided in this section unless at least forty-eight
hours prior to the scheduled inspection the owner or occupant
requests the state fire marshal to reschedule the inspection. In
the event a second inspection is required by the state fire marshal
as a result of the owner or occupant failing to be ready for the
inspection when the state fire marshal arrives, the state fire
marshal shall charge the owner or occupant of the occupancy the
inspection fees set forth above for each inspection trip required.
(e) The fees provided for in this section shall remain in effect until such time as the Legislature has approved rules
promulgated by the state fire marshal, in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
establishing a schedule of fees for services.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-41-1. Recertification and renewal of licensure requirements.
Notwithstanding any provision of law to the contrary, any
profession or occupation regulated by the provisions of this
chapter, wherein licensure requirements exist, requiring renewal of
licenses, where applicable, the following provisions apply:
(a) At least thirty days prior to the expiration of any
license required by this chapter, the appropriate governing board
or other governing entity having jurisdiction and authority over
the particular profession or occupation, shall, by first class
United States mail, notify the licensee of the impending deadline
to renew the license. In the event a licensee allows a license to
expire, then the governing board or other governing entity, shall,
by certified mail, return receipt requested, notify the past
licensee of the expiration of the license while informing him or
her in the notice that they may renew the license within one year
of the date of expiration without recertification or retesting, in
the event recertification or retesting are otherwise required.
(b) Governing boards or other governing entities under the provisions of this chapter shall notify any past licensee who, it
appears from the records of the governing board or other governing
entity, has not renewed an expired license within five years
preceding the effective date of this article and section that they
may renew the license within one year from the date of the notice,
without any requirement of recertification or retesting, upon the
payment of twice the amount of the applicable renewal fee and upon
the satisfaction of any other reasonable renewal requirement,
including any continuing education requirement that may apply to
recertification or renewal.
NOTE: The purpose of this bill is to require the various
governing boards and other governmental entities who regulate
professions and occupations subject to the provisions of chapter
30, as well as waste water facilities, persons holding commercial
driving licenses and persons who use explosives, to provide
notification prior to the expiration of any applicable license or
permit. The bill also provides that such boards and entities are
required to notify permit holders and licensees that they may renew
permits and licenses within one year of the date such permit or
license expires without the requirement of retesting or
recertification. Finally, the bill provides a grace period to
renew permits or licenses that have expired within five years of
the effective date from passage of the bill upon payment of double
any applicable renewal fee as well as compliance with any
reasonable renewal requirement, including fulfilling continuing
education requirements within the particular profession or
occupation of the permit holder or licensee affected.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§ 16-13B-23, § 17E-1-26 and § 30-41-1 are new; therefore,
strike-throughs and underscoring have been omitted.
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