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.