ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 329
(Senators Ross, Anderson, Bowman, Macnaughtan,
Boley and Buckalew, original sponsors)
__________
[Passed March 14, 1998; in effect from passage.]
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AN ACT to amend and reenact sections one, two, three, five, seven,
nine, eleven and fourteen, article nine, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty- one, as amended; and to further amend said article by adding
thereto nine new sections, designated sections twenty, twenty- one, twenty-two, twenty-three, twenty-four, twenty-five,
twenty-six, twenty-seven and twenty-eight, 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 and 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 legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
disapproving and not authorizing certain rules; approving an
amendment to an existing rule and directing a certain agency
to refile the rule with amendment; authorizing commissioner of
agriculture to promulgate legislative rules relating to fish
processing; authorizing commissioner of agriculture to
promulgate legislative rules relating to meat and poultry
inspection; authorizing secretary of state to promulgate
legislative rules relating to electronic records; authorizing
secretary of state to promulgate legislative rules relating to
certain filings; authorizing governor's committee on crime,
delinquency and correction to promulgate legislative rules
relating to basic training academy; authorizing governor's
committee on crime, delinquency and correction to promulgate
legislative rules relating to law-enforcement protocol in
response to domestic violence; authorizing auditor to
promulgate legislative rules relating to transaction fee and
rate structure; authorizing auditor to promulgate legislative
rules relating to voluntary payroll deductions; authorizing
board of dental examiners to promulgate legislative rules relating to professional limited liability companies;
authorizing board of medicine to promulgate legislative rules
relating to licensing; authorizing board of examiners of
psychologists to promulgate legislative rules relating to
fees; authorizing board of architects to promulgate
legislative rules relating to board; authorizing board of
examiners in counseling to promulgate legislative rules
relating to licensing; disapproving and not authorizing human
rights commission to promulgate legislative rules relating to
definition of employer; authorizing board of occupational
therapy to promulgate legislative rules relating to board;
authorizing board of examiners in optometry to promulgate
legislative rules relating to expanded prescriptive authority
rules; authorizing board of examiners of radiologic technology
to promulgate legislative rules relating to continuing
education; authorizing board of examiners of radiologic
technology to promulgate legislative rules relating to fees
for services; authorizing board of social work examiners to
promulgate legislative rules relating to social worker
licensure; authorizing soil conservation committee to
promulgate legislative rules relating to committee;
authorizing treasurer to promulgate legislative rules relating
to imprest funds; authorizing treasurer to promulgate
legislative rules relating to deposit of moneys by state agencies; authorizing treasurer to promulgate legislative
rules relating to payment processing; authorizing treasurer to
promulgate legislative rules relating to debt capacity
reporting; authorizing treasurer to promulgate legislative
rules relating to state debt reporting; authorizing treasurer
to promulgate legislative rules relating to selection of state
depositories for disbursement of certain accounts; authorizing
treasurer to promulgate legislative rules relating to
selection of state depositories for receipt accounts; and
reauthorizing the board of pharmacy rules relating to rules
and regulations of the board of pharmacy.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, five, seven, nine, eleven and
fourteen, article nine, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended by
adding thereto nine new sections, designated sections twenty,
twenty-one, twenty-two, twenty-three, twenty-four, twenty-five,
twenty-six, twenty-seven and twenty-eight, all 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 first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section one, article twenty-nine,
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- fifth day of November, one thousand nine hundred ninety-seven,
relating to the commissioner of agriculture (fish processing, 61
CSR 23A), is authorized.
(b) The legislative rule filed in the state register on the
eighth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section three, article two-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- third day of September, one thousand nine hundred ninety-seven,
relating to the commissioner of agriculture (inspection of meat and
poultry, 61 CSR 16), is authorized.
§64-9-2. Secretary of state.
(a) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section two, article one, chapter
fifty-nine 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 third day of November, one
thousand nine hundred ninety-seven, relating to the secretary of
state (fees relating to electronic records, 153 CSR 2), is
authorized.
(b) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section sixty-seven, article one,
chapter thirty-one 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 fifth day of
January, one thousand nine hundred ninety-eight, relating to the
secretary of state (matters relating to corporations and other
business entity filing, 153 CSR 5), is authorized.
§64-9-3. Governor's committee on crime, delinquency and correction.
(a) The legislative rule filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-seven,
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 seventh day of January, one thousand nine hundred
ninety-eight, relating to the governor's committee on crime,
delinquency and correction (basic training academy, annual in-service and biennial in-service training standards, 149 CSR 2), is
authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section nine, article two-a,
chapter forty-eight 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 seventh day of January, one
thousand nine hundred ninety-eight, relating to the governor's
committee on crime, delinquency and correction (protocol for law
enforcement response to domestic violence, 149 CSR 3), is
authorized.
§64-9-5. Auditor.
(a) The legislative rule filed in the state register on the
sixth day of January, one thousand nine hundred ninety-eight,
authorized 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-first day of January,
one thousand nine hundred ninety-eight, relating to the auditor
(transaction fee and rate structure, 155 CSR 4), is authorized.
(b) The legislative rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section thirteen-b, 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-second day of
September, one thousand nine hundred ninety-seven, relating to the
auditor (standards for voluntary payroll deductions, 155 CSR 3), is
authorized.
§64-9-7. Board of dental examiners.
The legislative rule filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section one thousand three
hundred four, article thirteen, chapter thirty-one-b 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 twenty-first day of November, one thousand
nine hundred ninety-seven, relating to the board of dental
examiners (formation and approval of professional limited liability
companies, 5 CSR 2), is authorized.
§64-9-9. Board of medicine.
The legislative rule filed in the state register on the
sixteenth day of July, one thousand nine hundred ninety-seven,
authorized under the authority of section sixteen, article three, chapter thirty of this code, modified by the board of medicine to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the seventh day of November,
one thousand nine hundred ninety-seven, relating to the board of
medicine (licensing, disciplinary and complaint procedures,
continuing education and physician assistants, 11 CSR 1B), is
authorized with the following amendment:
On page five, by striking out all of section 2.6.1 and the
first line of section 2.6.2 and inserting in lieu thereof the
following language:
2.6.1. A supervising physician may not supervise more than
two (2) physician assistants at any one time, except that a
physician may supervise up to four (4) hospital employed physician
assistants.
2.6.2. A supervising physician may also serve as an alternate
supervising physician in the absence of another supervising
physician. The supervising physician is legally responsible.
§64-9-11. Board of pharmacy.
The legislative rule relating to the board of pharmacy (rules
and regulations of the board of pharmacy, 15 CSR1), effective the
fourteenth day of June, one thousand nine hundred ninety-three, is
reauthorized and shall be refiled by the board of pharmacy, with
only the following amendment:
Page 2, Subsection 2.9, is amended by adding at the end of the
subsection, the following sentence: 'The terms Pharmacy, Drug
Store or Apothecary do not include a free clinic or a physician's
office that dispenses medicines for free.'
§64-9-14. Board of examiners of psychologists.
The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
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 twenty- third day of January, one thousand nine hundred ninety-eight,
relating to the board of examiners of psychologists (fees, 17 CSR
1), is authorized.
§64-9-20. Board of architects.
The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
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 third day of December, one
thousand nine hundred ninety-seven, relating to the board of architects (rules of the West Virginia board of architects, 2 CSR
1), is authorized.
§64-9-21. Board of examiners in counseling.
The legislative rule filed in the state register on the first
day of August, one thousand nine hundred ninety-seven, 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 first day of December, one
thousand nine hundred ninety-seven, relating to the board of
examiners in counseling (licensing, 27 CSR 1), is authorized.
§64-9-22. Human rights commission.
The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-seven,
under the authority of section eight, article eleven, chapter five
of this code, modified by the human rights commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of November,
one thousand nine hundred ninety-seven, relating to the human
rights commission (definition of employer under the West Virginia
human rights act, 77 CSR 9), is disapproved and not authorized.
§64-9-23. Board of occupational therapy.
The legislative rule filed in the state register on the first day of August, one thousand nine hundred ninety-seven, 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 eighth day of
December, one thousand nine hundred ninety-seven, relating to the
board of occupational therapy (administrative rules of the board of
occupational therapy, 13 CSR 1), is authorized.
§64-9-24. Board of examiners in optometry.
The legislative rule filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-seven,
under the authority of sections two-a and two-b, article eight,
chapter thirty of this code, modified by the board of examiners in
optometry to meet the objections of the legislative rule-making
review committee and refiled in the state register on the first day
of December, one thousand nine hundred ninety-seven, relating to
the board of examiners in optometry (rules for expanded
prescriptive authority, 14 CSR 2), is authorized with the
amendments set forth below:
On page 3, subdivision 14.2.7.1b before the word
"Corticosteroids" by inserting the word "Oral" and after the word
"Corticosteroids" by inserting the words "for a duration of no more
than six days; and"
On page 3, subdivision 14.2.7.1c, after the word "Analgesics"
by inserting a colon and the words "Provided, That no oral narcotic
analgesic shall be prescribed for a duration of more than three
days";
And,
On page 3, by striking out subdivision 14.2.7.1.d.
§64-9-25. Board of examiners of radiologic technology.
(a) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-seven,
under the authority of section five, article twenty-three, chapter
thirty of this code, modified by the board of examiners of
radiologic technology to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twentieth day of January, one thousand nine hundred
ninety-eight, relating to the board of examiners of radiologic
technology (continuing education, 18 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-seven,
under the authority of section five, article twenty-three, chapter
thirty of this code, modified by the board of examiners of
radiologic technology to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twentieth day of January, one thousand nine hundred ninety-eight, relating to the board of examiners of radiologic
technology (schedule of fees for services rendered, 18 CSR 1), is
authorized.
§64-9-26. Board of social work examiners.
The legislative rule filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-seven,
under the authority of section three, article thirty, chapter
thirty of this code, modified by the board of social work examiners
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the eighth day of
January, one thousand nine hundred ninety-eight, relating to the
board of social work examiners (qualifications for licensure as a
social worker, 25 CSR 1), is authorized with the amendments set
forth below:
On page 3, subsection 3.3, line 3 of that paragraph, after the
words "applicant" by inserting the following:
"with the exception of employees of the Department of Health
and Human Resources,";
And,
On page 3, subsection 3.3, line 3 of that paragraph, after the
words "July 1" by striking out the number "1998" and inserting in
lieu thereof the number "2000";
And,
On page 4, subdivision 3.3.1(a), line 2 of this paragraph,
after the word "college" by striking out the words "prior to July
1, 1998";
And,
On page 4, after subsection 3.3.3, by adding a new subsection
3.3.4 to read as follows:
"The requirements of section 3.3 are to effectuate the Board's
goal of meeting the need for professionally trained social workers
in West Virginia. However, the Board recognizes the unique
position of the Department of Health and Human Resources and,
therefore, has created a limited exemption to the requirement that
applicants for licensure obtain a degree in social work after July
1, 2000. This exemption is granted with the understanding that the
Department will diligently pursue hiring professionally trained
social workers. The Board and the Department shall file a progress
report with the Joint Committee on Government and Finance on their
efforts to achieve this goal on or before December 1, 2000.
And,
Renumbering the remainder of the section.
§64-9-27. Soil conservation committee.
The legislative rule filed in the state register on the first
day of August, one thousand nine hundred ninety-seven, under the
authority of section four, article twenty-one-a, chapter nineteen of this code, modified by the soil conservation committee to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the second day of December, one
thousand nine hundred ninety-seven, relating to the soil
conservation committee (state soil conservation committee, 63 CSR
1), is authorized.
§64-9-28. Office of the treasurer.
(a) The legislative rule filed in the state register on the
third day of July, one thousand nine hundred ninety-seven, under
the authority of section two, article two, chapter twelve of this
code, modified by the treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fifth day of September, one thousand nine
hundred ninety-seven, relating to the treasurer (establishment of
imprest funds, 112 CSR 3), is authorized.
(b) The legislative rule filed in the state register on the
third day of July, one thousand nine hundred ninety-seven, under
the authority of section two, article two, chapter twelve of this
code, modified by the treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of August, one thousand nine
hundred ninety-seven, relating to the treasurer (procedure for the
deposit of moneys with the state treasurer's office by state agencies, 112 CSR 4), is authorized.
(c) The legislative rule filed in the state register on the
third day of July, one thousand nine hundred ninety-seven, under
the authority of section one, article three, chapter twelve of this
code, modified by the treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-eighth day of August, one thousand nine
hundred ninety-seven, relating to the treasurer (procedures for
processing payments from the state treasury, 112 CSR 8), is
authorized.
(d) The legislative rule filed in the state register on the
third day of July, one thousand nine hundred ninety-seven, under
the authority of section four, article six-b, chapter twelve of
this code, modified by the treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fifth day of September, one thousand nine
hundred ninety-seven, relating to the treasurer (reporting of debt
capacity, 112 CSR 9), is authorized with the amendment set forth
below:
On page two, by striking out all of subsection 2.8 and
inserting in lieu thereof a new subsection 2.8 to read as follows:
2.8. "Net tax supported debt" means: (1) general obligation
bonds of the state net of any refundings, defeasances, reserve requirements or sinking funds; (2) moral obligation bonds of the
state net of any refundings, defeasances, reserve requirements of
sinking funds; (3) capital leases, lease purchases, mortgages,
installment purchases, certificates of participation and any other
debt financing transaction extending beyond one year, net of any
refundings, defeasances, reserve requirements or sinking funds,
which are payable through an annual appropriation of the
Legislature. "Net tax supported debt" includes Lottery bonds, but
does not include revenue bonds or any other debt that is self- supporting from enterprise revenues: Provided, That the obligation
shall not be excluded to the extent the obligations are in
default.;
On page three, by striking out all of subsection 2.11 and
inserting in lieu thereof a new subsection 2.11 to read as follows:
2.11. "Moral Obligation Bond" is a bond secured by a pledge
of revenue and a moral commitment of the state of West Virginia to
appropriate funds to make up any deficiency of the revenues needed
to pay the debt service.;
On page three, by adding a new subsection 2.15 to read as
follows:
2.15. "Revenue bonds" are bonds secured by a specified
revenue stream, often with a lien imposed on the revenues. The
revenue stream may be a tax or assessment or the revenues of the project financed.;
On page three, by adding a new subsection 2.16 to read as
follows:
2.16. "Lottery bonds" are bonds secured by lottery revenues;
On page three, by adding a new subsection 2.17 to read as
follows:
2.17. "Revenues" means: (1) total funds deposited in the
general revenue; plus (2) the entire related revenue stream for any
net tax supported debt which is funded from a source other than the
state's general revenue fund; plus (3) an amount equal to any
deductions from the gross general revenue for debt service of tax
supported debt before the revenue is added to the general revenue
fund.
An example of revenue as defined in this subdivision 2.17.2 of
this subsection is the State Road Fund revenues. The total
revenues of the State Road Fund (exclusive of Federal funds) are
used to repay the Road Bonds and are therefore included in revenue.
An example of revenue as defined in subdivision 2.17.3 of this
subsection is the amount of severance tax dedicated for repayment
of the Infrastructure Bonds. Those dedicated severance taxes are
therefor included in revenue;
On page three, by striking out all of subsection 3.1 and
inserting in lieu thereof a new subsection 3.1 to read as follows:
3.1. Annual debt capacity report - The division with the
cooperation and support of the Department of Administration, the
Department of Tax and Revenue and the Bureau of Employment Programs
shall issue an annual report, on or before October 1st of each
year. The annual debt capacity report reviews the size and
condition of the state's net tax supported debt and estimates the
maximum amount of net tax supported debt which should be authorized
based upon ratios and guidelines established by the major bond
rating agencies. The ratios and guidelines shall be consistently
applied based upon the state's definitions.;
On page three, subdivision 3.2.4 by striking out the word
"and";
And,
On page three by adding the following new subdivisions:
3.2.6.
The total debt service as a percentage of revenue;
3.2.7.
Current ratios and guidelines as established and/or reported
by the major rating agencies; and
3.2.8.
A comparison of West Virginia's ratio to other states with
similar bonds ratings.
(e) The legislative rule filed in the state register on the third day of July, one thousand nine hundred ninety-seven, under
the authority of section seven, article six-a, chapter twelve of
this code, modified by the treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fifth day of September, one thousand nine
hundred ninety-seven, relating to the treasurer (reporting of state
debt to the state treasurer's office, 112 CSR 10), is authorized.
(f) The legislative rule filed in the state register on the
third day of July, one thousand nine hundred ninety-seven, under
the authority of section two, article one, chapter twelve of this
code, modified by the treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-fifth day of September, one thousand nine
hundred ninety-seven, relating to the treasurer (selection of state
depositories for disbursement accounts through competitive bidding,
112 CSR 6), is authorized with the amendment set forth below:
'On page two, subsection 3.5, line one of said subsection,
following the words 'the Treasurer', by striking out the words "the
bids."'
(g) The legislative rule filed in the state register on the
third day of July, one thousand nine hundred ninety-seven, under
the authority of section two, article one, chapter twelve of this
code, modified by the treasurer to meet the objections of the legislative rule-making review committee and refiled in the state
register on the twenty-fifth day of September, one thousand nine
hundred ninety-seven, relating to the treasurer (selection of state
depositories for receipt accounts, 112 CSR 7), is authorized.