ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2669
(
By Delegates Mahan, Palumbo,
Cann, Pino, Armstead and Overington
)
(Originating in the Committee on the Judiciary)
[March 25, 2005]
A BILL
to amend and reenact article 9, chapter 64 of the Code of
West Virginia, 1931, as amended;
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
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 Board of Acupuncture to
promulgate a legislative rule relating to the dispensing of
materia medica, formulary and legend drugs
;
authorizing the
Department of Agriculture to promulgate a legislative rule
relating to animal disease control
;
authorizing the Department
of Agriculture to promulgate a legislative rule relating to
the inspection of meat and poultry
;
authorizing the Department
of Agriculture to promulgate a legislative rule relating to
commercial feed
;
authorizing the Board of Chiropractic
Examiners to promulgate a legislative rule relating to the
chiropractic practice
;
authorizing the Contractor Licensing
Board to promulgate a legislative rule relating to the West
Virginia contractor licensing act
;
relating to authorizing the
Board of Dental Examiners to promulgate a legislative rule
relating to the Board
;
authorizing the Board of Dental
Examiners to promulgate a legislative rule relating to the
formation and approval of professional limited liability
companies
;
authorizing the Board of Dental Examiners to
promulgate a legislative rule relating to fees
;
authorizing
the Board of Dental Examiners to promulgate a legislative rule
relating to the formation and approval of dental corporations
;
authorizing the Family Protection Services Board to promulgate a legislative rule relating to perpetrator intervention
programs licensure for correctional institutions
;
authorizing
the Governor's Committee on Crime, Delinquency and Correction
to promulgate a legislative rule relating to law enforcement
training standards
;
authorizing the Governor's Committee on
Crime, Delinquency and Correction to promulgate a legislative
rule relating to the protocol for law enforcement response to
domestic violence
;
authorizing the Hatfield-McCoy Regional
Recreation Authority to promulgate a legislative rule relating
to use of facilities
;
authorizing the Division of Information
Services and Communications to promulgate a legislative rule
relating to telecommunications payments by spending units
;
authorizing the Board of Examiners of Land Surveyors to
promulgate a legislative rule relating to minimum standards
for the practice of land surveying in West Virginia
;
authorizing the Board of Examiners for Licensed Practical
Nurses to promulgate a legislative rule relating to fees for
services rendered by the Board
;
authorizing the Public Service
Commission to promulgate a legislative rule relating to
statewide telephone information and referral 211 service;
authorizing the Radiologic Technology Board of Examiners to
promulgate a legislative rule relating to the Board
;
authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to fees for services rendered by the Board
;
authorizing the Secretary of
State to promulgate a legislative rule relating to agencies
designated to provide voter registration services
;
authorizing
the Board of Examiners for Speech-Language Pathology and
Audiology to promulgate a legislative rule relating to speech-
language pathology and audiology assistants
;
authorizing the
State Treasurer to promulgate a legislative rule relating to
procedures for fees in collections by charge, credit or debit
card or by electronic payment
;
authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating
to organization and operation
;
authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating
to certified animal euthanasia technicians
; and
authorizing
the Board of Veterinary Medicine to promulgate a legislative
rule relating to a schedule of fees.
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 Acupuncture.
The legislative rule filed in the state register on the second
day of September, two thousand three, under the authority of
section seven, article thirty-six, chapter thirty, of this code, modified by the Board of Acupuncture to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the fourteenth day of October, two thousand four,
relating to the Board of Acupuncture (dispensing of materia medica,
formulary and legend drugs, 32 CSR 2), is disapproved and not
authorized.
§64-9-2.
Department of Agriculture.
(a) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section two, article nine, chapter nineteen, of this
code, modified by the Department of Agriculture to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of November,
two thousand four, relating to the Department of Agriculture
(animal disease control, 61 CSR 1), is authorized, with the
following amendments:
On page twelve, paragraph 6.19.b.C., after the words
'pullorum/typhoid' by changing the period to a semicolon and
inserting the word 'and';
and
On page twelve, paragraph 6.19.b.D. by striking out the entire
paragraph and inserting in lieu thereof the following: 'a United
States Department of Agriculture Form 9-3 stating that a minimum of
20 birds per flock or the entire flock of 20 birds or less had a negative test for avian influenza within 10 days prior to import.
The test shall be a NPIP approved procedure.'
(b) The legislative rule filed in the state register on the
fourth day of August, two thousand four, under the authority of
section three, article two-b, chapter nineteen, of this code,
relating to the Department of Agriculture (inspection of meat and
poultry, 61 CSR 16), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section three, article fourteen, chapter nineteen, of
this code, modified by the Department 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 four, relating to the Department of Agriculture
(commercial feed, 61 CSR 5), is authorized.
§64-9-3.
Board of Chiropractic Examiners.
The legislative rule filed in the state register on the
twenty-sixth day of August, two thousand four, under the authority
of section five, article sixteen, chapter thirty, of this code,
modified by the Board of Chiropractic Examiners to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the first day of February, two
thousand five, relating to the Board of Chiropractic Examiners
(chiropractic practice, 4 CSR 1), is authorized, with the following amendments:
On page two, paragraph 3.1.d.1, after the word "subdivision",
by striking the reference "3.1.c.2" and inserting in lieu thereof
the reference "3.1.d.3";
On page two, paragraph 3.1.d.3, subparagraph 2, after the
words "set forth in", by striking the code reference "W.Va. Code
§30-16-6(a)(5)" and inserting in lieu thereof the code reference
"W.Va. Code §30-16-6(b)(5)";
On page seven, subsection 11.2, after the words "The Board",
by striking the word "my" and inserting in lieu thereof the word
"may"; and
On page eight, subsection 13.1, after the word "traction" by
striking the comma and the word "massage".
§64-9-4.
Contractor Licensing Board.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section five, article eleven, chapter twenty-one, of
this code, modified by the Contractor Licensing Board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fifth day of January,
two thousand five, relating to the Contractor Licensing Board (West
Virginia contractor licensing act, 28 CSR 2), is authorized, with
the following amendments:
On page two, subdivision 3.9.a, after the word "five" by inserting the word "hundred";
On page seven, subdivision 3.30., after the word "repair." by
inserting the words "A residential contractor is considered
licensed for all crafts required in the construction, repair or
improvement of a residential structure as defined in subsection
3.33 of this rule. However, the residential contractor licensure
necessitates all other licensure requirements of state law and
local ordinance, such as the electrician's license as required by
the Office of the State Fire Marshal under the provisions of W.Va.
Code §29-3b.";
On page fifteen, subdivision 8.1, after the word "person." by
striking out the word "The" and inserting in lieu thereof the words
"After an administrative hearing, as provided for in Section 9 of
this rule, the";
On page fifteen, subdivision 8.1, after the word "license." by
striking out the remainder of the subdivision;
and
On page fifteen, after subdivision 8.3, by inserting a new
subdivision, designated subdivision 8.4, to read as follows: "The
Board shall, in accordance with Section 9 of this rule, provide for
an administrative hearing before a penalty is assessed."
§64-9-5. Board of Dental Examiners.
(a) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority of section six, article four, chapter three, 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 fifteenth day of February, two thousand five,
relating to the Board of Dental Examiners (rule for the board of
dental examiners, 5 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section thirteen 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 fifteenth day of February,
two thousand five, relating to the Board of Dental Examiners
(formation and approval of professional limited liability
companies, 5 CSR 2), is authorized.
(c)
The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section six, article four, chapter thirty, 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 fifteenth day of February, two thousand five,
relating to the Board of Dental Examiners (formation and approval
of dental corporations, 5 CSR 6), is authorized.
§64-9-6. Family Protection Services Board.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section four hundred four, article twenty-six, 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
eighteenth day of February, two thousand five, relating to the
Family Protection Services Board (perpetrator intervention programs
licensure for correctional institutions, 191 CSR 5), is authorized,
with the following amendments:
On page eight, section four, subsection 6., by striking out
the word "shall", and inserting in lieu thereof the word "may" and
after the word "subdivision" by striking out the letter "d" and
inserting in lieu thereof the letter "c".
§64-9-7. Governor's Committee on Crime, Delinquency and Correction
.
(a) The legislative rule filed in the state register on the
fifteenth day of June, two thousand four, 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-
sixth day of July, two thousand four, relating to the Governor's
Committee on Crime, Delinquency and Correction (law enforcement
training standards, 149 CSR 2), is authorized
.
(b) The legislative rule filed in the state register on the
ninth day of August, two thousand four, under the authority of
section one thousand one hundred two, article twenty-seven, chapter
forty-eight, of this code, relating to the Governor's Committee on
Crime, Delinquency and Correction (protocol for law enforcement
response to domestic violence, 149 CSR 3), is authorized.
(c)
The legislative emergency rule filed in the state register
on the twenty-third day of November, two thousand four, under the
authority of section three, article two, chapter seventeen-G, of
this code, relating to the Governor's Committee on Crime,
Delinquency and Correction (motor vehicle stop data collection
standards for the study of racial profiling, 149 CSR 5), is
disapproved and not authorized.
§64-9-8. Hatfield-McCoy Regional Recreation Authority.
The legislative rule filed in the state register on the eighth
day of April, two thousand four, under the authority of section
one, article fourteen, chapter twenty, of this code, modified by
the Hatfield-McCoy Regional Recreation Authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fifth of January, two
thousand five, relating to the Hatfield-McCoy Regional Recreation
Authority (use of facilities, 204 CSR 1), is authorized, with the
following amendments:
On page four, section three, subsection five, at the end of the subsection, by adding a new subdivision, designated subdivision
a, containing paragraphs 1 and 2 and subparagraphs A, B, C and D,
all to read as follows:
"a. No all-terrain vehicle may be operated in this state:
1. On any road or highway with a center line or more than
two lanes except for the purpose of crossing the road, street or
highway, if:
A. The crossing is made at an angle of approximately
ninety degrees to the direction of the highway and at a place where
no obstruction prevents a quick and safe crossing;
B. The vehicle is brought to a complete stop before
crossing the shoulder or main traveled way of the highway;
C. The operator yields his or her right-of-way to all
oncoming traffic that constitutes an immediate potential hazard;
and
D. Both the headlight and taillight are illuminated
when the crossing is made if the vehicle is so equipped.";
On page six, section four, subsection three, at the end of the
subsection, by adding a new sentence to read as follows:
"No all-terrain vehicle may be operated with a passenger under
the age of eighteen, unless the operator has at a minimum a level
two intermediate driver's license or its equivalent or is eighteen
years of age or older.";
On page seven, section four, after subsection eleven, by adding thereto a new subsection, designated subsection twelve, to
read as follows:
"4.12. No person under the age of eighteen may operate an ATV
without the signature of his or her parent or guardian certifying
that:
a. Any machine operated by the minor will be of a model
that is recommended by the manufacturer as appropriate to the
minor's age and size;
b. All rules governing the use of the Area have been
reviewed by the parent or guardian and explained to the minor in
sufficient detail to enable the minor to abide by the rules; and
c. Any minor under the age of 16 will remain under the
supervision of and within the sight of the parent or guardian at
all times.";
and
On page seven, section five, subsection two, after the words
"When operated from", by striking the words "one-half hour after
sunset to one-half hour before sunrise", and inserting in lieu
thereof the words "sunset to sunrise".
§64-9-9. Department of Information Services and Communications.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section four-a, article seven, chapter five-a, of this
code, modified by the Division of Information Services and Communications to meet the objections of the legislative rule-
making review committee and refiled in the state register on the
thirteenth day of January, two thousand five, relating to the
Division of Information Services and Communications
(telecommunications payments by spending units, 161 CSR 2), is
authorized, with the following amendments:
On page two, section two, line 20, following the words "in
§5A-7-4a" by striking "(l)" and inserting in lieu thereof "(k)";
On page two, section two, line 22, by striking all of
subsection (l) and inserting in lieu thereof the following:
"(l.) 'Spending Unit' means a department, agency or
institution of the state government for which an appropriation is
requested, or to which an appropriation is made by the Legislature:
Provided, That spending unit does not include the Legislature or
the judiciary.";
On page three, section three, line 1, following the words
"applies to" by striking the remainder of the section and inserting
in lieu thereof the following:
"all spending units that have their telecommunications
services billed on the state's shared account.";
On page three, section four, line 12, by striking the words
"to ensure the legitimacy of the charges.";
On page three, section four, line 23, by striking all of
subdivision (g.) and relettering the remaining subdivision;
On page three, section five, line 27, by striking the words
"IS&C will insure all of its duties and rights are executed as
defined below after the first billing period. This allows IS&C to
implement the new policies and allow for transition by all parties
(vendors, spending units, etc.)";
On page three, section five, line 32, by striking all of
subdivisions 5.1.2. and 5.1.3. and renumbering the remaining
subdivision;
On page four, section five, line 9, following the word
"Charges" by striking the words "not rejected during this
preliminary review by IS&C";
On page five, section six, line 13, by striking the following
words "Any spending unit that is utilizing the services and pricing
of a telecommunications provider via a state-issued contract must
agree to have its charges included in the shared account and all
requests for telecommunications services must be obtained by
submitting to IS&C a Telecommunications Change Request form for
approval.";
On page eight, section eight, line 3, following the word
"units" by striking the words "via a state-issued contract" and
inserting in lieu thereof the words "via a shared account";
On page eight, section eight, line 7, by striking all of
subsection 8.1;
On page eight, section eight, line 17, by striking the words "8.2 Invoices submitted for payment.
8.2.1 Vendors are required to submit all invoices to IS&C that
include more than one spending unit. If vendors are providing
services to spending units governed by the pricing included in the
applicable state-issued contract then the charges for these
services must be included on the shared account.";
and
On page eight, section eight, line 22, by striking out the
number "8.2.2.".
§64-9-10. Board of Examiners of Land Surveyors.
The legislative rule filed in the state register on the
seventeenth day of May, two thousand four, under the authority of
section four, article thirteen-a, chapter thirty, of this code,
modified by the Board of Examiners of Land Surveyors to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of February, two
thousand five, relating to the Board of Examiners of Land Surveyors
(minimum standards for the practice of land surveying in West
Virginia, 23 CSR 1), is authorized, with the following amendments:
On page four, subdivision 5.3.1, by striking out the words "at
least 62 years of age,";
and
On page four, subdivision 5.3.2, by striking out the words
"for up to a one-year period ending June 30".
§64-9-11.
Board of Examiners of Licensed Practical Nurses.
The legislative rule filed in the state register on the
eighteenth day of August, two thousand four, under the authority of
section seven-a, article seven-a, chapter thirty, of this code,
relating to the Board of Examiners of Licensed Practical Nurses
(fees for services rendered by the Board, 10 CSR 4), is authorized.
§64-9-12.
Public Service Commission.
The legislative rule filed in the state register on the fourth
day of March, two thousand four, under the authority of section
two, article eight, chapter twenty-four, 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-first day of January, two thousand five,
relating to the Public Service Commission (statewide telephone
information and referral 211 service, 150 CSR 29), is authorized
.
§64-9-13. Radiologic Technology Board of Examiners.
The legislative rule filed in the state register on the tenth
day of June, two thousand four, under the authority of section
five, article twenty-three, chapter thirty, of this code, modified
by the Radiologic Technology Board of Examiners to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-sixth day of July, two
thousand four, relating to the Radiologic Technology Board of
Examiners (Board rule, 18 CSR 1), is authorized.
§64-9-14.
Board of Examiners for Registered Professional Nurses.
The legislative rule filed in the state register on the
seventeenth day of August, two thousand four, under the authority
of section eight-a, article seven, chapter thirty, of this code,
modified by the Board of Examiners for Registered Professional
Nurses to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-ninth day
of September, two thousand four, relating to the Board of Examiners
for Registered Professional Nurses (fees for services rendered by
the Board, 19 CSR 12), is authorized.
§64-9-15.
Secretary of State.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, authorized under
the authority of section thirteen, article two, chapter three, of
this code, relating to the Secretary of State (agencies designated
to provide voter registration services, 153 CSR 28), is authorized.
§64-9-16. Board of Examiners for Speech-Language Pathology and
Audiology.
The legislative rule filed in the state register on the ninth
day of August, two thousand four, under the authority of section
ten, article thirty-two, chapter thirty, of this code, modified by
the Board of Examiners for Speech-Language Pathology and Audiology
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the thirteenth day of December, two thousand four, relating to the Board of Examiners
for Speech-Language Pathology and Audiology (speech-language
pathology and audiology assistants, 29 CSR 2), is authorized.
§64-9-17. State Treasurer.
The legislative rule filed in the state register on the
eighteenth day of August, two thousand four, under the authority of
section six, article three-a, chapter twelve, of this code,
modified by the State Treasurer to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the seventh day of February, two thousand five,
relating to the State Treasurer (procedures for fees in collections
by charge, credit or debit card or by electronic payment, 112 CSR
12), is authorized.
§64-9-18. Board of Veterinary Medicine.
(a) The legislative rule filed in the state register on the
eleventh day of August, two thousand three, 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 fourteenth day of June, two thousand four, relating
to the Board of Veterinary Medicine (organization and operation, 26
CSR 1), is authorized, with the following amendments:
On page four, section four, subsection seven, after the words
"not qualified to take the examination, the" by striking out the word "Board" and inserting in lieu thereof the words "Secretary
Treasurer";
On page four, section four, subsection seven, after the words
"The Board shall refund", by striking out the words "fifty percent
of the";
On page four, section five, subsection four, after the word
"The" at the beginning of the subsection, by striking out the word
"Board" and inserting in lieu thereof the words "Secretary
Treasurer";
and
On page six, section seven, subsection one, after the words
"On or", by striking out the word "about" and inserting in lieu
thereof the word "before"
.
(b) The legislative rule filed in the state register on the
eleventh day of August, two thousand four, under the authority of
section nine, 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 fourteenth day of June, two thousand four, relating
to the Board of Veterinary Medicine (certified animal euthanasia
technicians, 26 CSR 5), is authorized.
(c) The legislative rule filed in the state register on the
ninth day of August, two thousand four, 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-first day of January, two thousand five,
relating to the Board of Veterinary Medicine (schedule of fees, 26
CSR 6), is authorized, with the following amendments:
On page one, by striking out all of subsections 2.1 through
2.8, and inserting in lieu thereof the following:
"2.1 Veterinarian application fee$5.00
2.2 Veterinarian examination and license fee$295.00
2.3 Duplicate license$15.00
2.4 Annual renewal fee$225.00
2.5 Temporary permit$100.00
2.6 Temporary permit renewal fee$25.00
2.7 Written confirmation of licensure, registration or
certification by West Virginia$25.00
2.8 North American Veterinary License Exam (NAVLE)
eligibility processing fee$50.00".