COMMITTEE SUBSTITUTE
FOR
H. B. 2819
(By Delegates Brown, D. Poling, Talbott,
Miley, Overington and Sobonya)
(Originating in the Committee on the Judiciary)
[March 27, 2009]
A BILL 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; 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;
authorizing the Board of Accountancy to
promulgate a legislative rule relating to the Board and rules
of professional conduct
; authorizing the Commissioner of
Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit
;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to animal disease control
;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the disposal of dead poultry
;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to commercial feed
; authorizing the
Board of Architects to promulgate a legislative rule relating
to the fees for registration of architects
; authorizing the
Board of Architects to promulgate a legislative rule relating
to the registration of architects
; 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 dental corporations
; authorizing the Governor's
Committee on Crime, Delinquency and Correction to promulgate
a legislative rule relating to law enforcement training
standards
;
authorizing the Board of Medicine to promulgate a
legislative rule relating to licensure, disciplinary,
complaint procedures, continuing education, and physician
assistants;
authorizing the Board of Medicine to promulgate a
legislative rule relating to the establishment and regulation
of a restricted license issued to an applicant in
extraordinary circumstances
; authorizing the Board of Pharmacy
to promulgate a legislative rule relating to licensure and the
practice of pharmacy
; authorizing the Board of Pharmacy to
promulgate a legislative rule relating to immunizations
administered by pharmacists
; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the regulation of
charitable clinic pharmacies
;
authorizing the Board of
Physical Therapy to promulgate a legislative rule relating to
general provisions
; authorizing the Board of Examiners for
Registered Professional Nurses to promulgate a legislative
rule relating to policies, standards and criteria for the
evaluation and accreditation of colleges, departments or
schools of nursing
; authorizing the Board of Examiners for
Registered Professional Nurses to promulgate a legislative
rule relating to limited prescriptive authority for nurses in
advanced practice
; authorizing the Board of Respiratory Care
to promulgate a legislative rule relating to student temporary
permits
; authorizing the Secretary of State to promulgate a
legislative rule relating to the administration of the address
confidentiality program
; authorizing the Board of Social Work
Examiners to promulgate a legislative rule relating to a fee
schedule
; authorizing the Treasurer's Office to promulgate a
legislative rule relating to the selection of state
depositories for receipt accounts
; 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 nine, 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 twenty-ninth day of August, two thousand eight, authorized under
the authority of section four, 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-first day of January, two thousand
nine, relating to the Board of Accountancy (the Board and rules of
professional conduct, 1 CSR 1), is authorized, with the following
amendment:
On page 2, former subsection 2.9., by reinserting the stricken
language in said former subsection 2.9. and renumbering the
subsection as subsection 2.10 and renumbering the remaining
subsections in the section accordingly;
On page 3, subsection 2.10 which is renumbered as subsection
2.11 by the above amendment, after the word "Reciprocal" by
inserting the words "substantial equivalency" and in the same
subsection after the words "issued under" by striking out the words
"reciprocal regulations of prior law" and inserting in lieu thereof
the words "the provisions of W. Va. Code §30-9-9";
On page 6, subdivision 4.1.c., in the second sentence of said
subdivision after the words "a West Virginia registered public
accountant or" by inserting the words "a holder of";
On page 7, in the title to §1-1-5., after the word
"Reciprocal" by inserting the words "Substantial Equivalency";
On page 7, subsection 5.1., after the words "application for
a reciprocal" by inserting the words "substantial equivalency";
On page 7, subdivision 5.1.a., after the word "Reciprocal" by
inserting the words "Substantially Equivalent";
On page 8, subdivision 5.1.a., after the word "reciprocal" by inserting the words "substantially equivalent";
On page 8, subdivision 5.1.b., after the word "Reciprocal" by
inserting the words "Substantially Equivalent";
On page 8, subdivision 5.1.b., after the words "Board shall
issue a reciprocal" by inserting the words "substantially
equivalent";
On page 8, subdivision 5.1.c., after the word "Reciprocal" by
inserting the words "Substantially Equivalent";
On page 8, subdivision 5.1.c., after the words "Board shall
issue a reciprocal" by inserting the words "substantially
equivalent";
On page 9, paragraph 5.1.d, after the word "Reciprocal" by
inserting the words "Substantial Equivalency";
On page 10, paragraph 5.1.d.1., after the words "issuance of
a reciprocal" by inserting the words "substantial equivalency";
On page 10, paragraph 5.1.d.2., after the words "received a
certificate" by striking out the remainder of the paragraph and
inserting in lieu thereof the words "he or she may not establish a
place of business in this state.";
On page 10, paragraph 5.1.d.3, by striking out said paragraph
5.1.d.3 in its entirety;
On page 19, subdivision 6.8.e., at the beginning of the
sentence before the words "In any case" by inserting the words
"After a hearing";
On page 19, subdivision 6.8.e., in the last sentence of the
subdivision, after the words "for the examination," by striking out
the remainder of the sentence and inserting in lieu thereof the
words "a copy of the final order containing findings of fact and conclusions of law.";
On page 20, subdivision 7.3.a., in the last sentence of the
subdivision, after the words "the Board shall" by striking out the
words "apply the following standards" and inserting in lieu thereof
the words "consider whether";
On page 21, paragraph 7.3.a.1, after the words "The program"
by striking out the words "should contribute" and inserting in lieu
thereof the word "contributes";
On page 21, paragraph 7.3.a.2., after the words "objectives of
a program" by striking out the word "should";
On page 21, paragraph 7.3.a.3., after the words "for the
program" by striking out the words "should be stated" and inserting
in lieu thereof the words "are stated with specificity";
On page 21, paragraph 7.3.a.4., after the words "used in
programs" by striking out the words "should be" and inserting in
lieu thereof the word "are";
On page 21, paragraph 7.3.a.5., after the words "Program
content" by striking out the words "should be" and inserting in
lieu thereof the word "is";
On page 21, paragraph 7.3.a.6., after the word "Programs" by
striking out the words "should be" and inserting in lieu thereof
the word "are";
On page 21, paragraph 7.3.a.7., after the word "Programs" by
striking out the word "should";
On page 27, subsection 12.1., after the words "practitioner
or" by striking out the words "business entity" and inserting in
lieu thereof the word "firm";
And,
On page 27, subsection 12.1., after the words "authorization
issued by this Board" by striking out the remainder of subsection
12.1. in its entirety and inserting in lieu thereof the words
"unless the individual practitioner or firm meets the substantial
equivalency practice privilege exceptions below:
a. Individual practitioners who have substantial equivalency
practice privileges who provide only compilation services performed
in accordance with Statements on Standards for Accounting and
Review Services who:
1. Sign compilation reports as a certified public
accountant;
2. Meet the competency requirements set forth in the
professional standards for those services; and
3. Are undergoing a peer review program that conforms
with applicable laws and rules;
b. Out-of-state firms who provide only compilation services
performed in accordance with the Statements on Standards for
Accounting and Review Services who:
1. Meet firm ownership requirements;
2. Are undergoing a peer review program that conforms with
applicable rules; and
3. Performs the services through an individual with
substantial equivalency practice privileges.".
§64-9-2. Commissioner of Agriculture.
(a) The legislative rule filed in the state register on the
thirtieth day of July, two thousand eight, authorized under the
authority of section five, article two, chapter nineteen, of this
code, relating to the Commissioner of Agriculture (schedule of charges for inspection services: fruit, 61 CSR 8B), is authorized.
(b) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand eight, authorized under
the authority of section two, article 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-first day of October,
two thousand eight, relating to the Commissioner of Agriculture
(animal disease control, 61 CSR 1), is authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of July, two thousand eight, authorized under the
authority of section thirty-four-a, article 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-ninth day of September,
two thousand eight, relating to the Commissioner of Agriculture
(disposal of dead poultry, 61 CSR 1C), is authorized.
(d) The legislative rule filed in the state register on the
thirtieth day of July, two thousand eight, authorized under the
authority of section three, article fourteen, 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-ninth day of September,
two thousand eight, relating to the Commissioner of Agriculture
(commercial feed, 61 CSR 5), is authorized.
§64-9-3. Board of Architects.
(a) The legislative rule filed in the state register on the
twenty-eighth day of August, two thousand eight, authorized under the authority of section one, article twelve, chapter thirty, of
this code, relating to the Board of Architects (fees for
registration of architects, 2 CSR 3), is authorized.
(b) The legislative rule filed in the state register on the
twenty-eighth day of August, two thousand eight, 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 fourteenth day of January, two
thousand nine, relating to the Board of Architects (registration of
architects, 2 CSR 1), is authorized, with the following amendment:
On page 5, paragraph 3.11.2.d., after the words "all
documents" by striking out the remainder of paragraph 3.11.2.d. and
inserting in lieu thereof the words "exempt from disclosure by the
provisions of W. Va. Code §29B-1-4.";
On page 5, subsection 3.13., after the words "web site" by
striking out the words "at www.wvbrdarch.org";
On page 6, subdivision 5.1.2., after the words "Board
considers the" by striking out the words "qualifications to be
equivalent" and inserting in lieu thereof the words "experience to
be equivalent to the registration requirements";
And,
On page 7, subsection 8.2., after the words "web site" by
striking out the words "at www.wvbrdarch.org"."
§64-9-4. Board of Dental Examiners.
(a) The legislative rule filed in the state register on the
fifteenth day of July, two thousand eight, authorized 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 twenty-third day of January,
two thousand nine, relating to the Board of Dental Examiners (rule
for the West Virginia Board of Dental Examiners, 5 CSR 1), is
authorized, with the following amendment:
On page ten, subsection 8.7(j)(8), following the word "teeth"
and the period by striking out the remainder of the subdivision and
inserting in lieu thereof the words:
" The dental hygienist and a licensed dentist shall attempt to
reach a collaborative agreement regarding such treatment. If such
an agreement cannot be reached than the dental hygienist
shall have
a written order from a licensed dentist prescribing such
treatment.".
(b) The legislative rule filed in the state register on the
twenty-eighth day of August, two thousand eight, authorized 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 seventeenth day of December,
two thousand eight, relating to the Board of Dental Examiners
(formation and approval of dental corporations, 5 CSR 6), is
authorized.
§64-9-5. Governor's Committee on Crime, Delinquency and Correction.
The legislative rule filed in the state register on the first
day of August, two thousand eight, authorized 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
seventeenth day of February, two thousand nine, relating to the
Governor's Committee on Crime, Delinquency and Correction (law
enforcement training standards, 149 CSR 2), is authorized, with the
following amendments:
On page 3, subsection 3.7, after the words "and defensive
tactics" by inserting the word "training.";
On page 5, subdivision 5.1.a., after the words "law
enforcement" by striking out the words "instructor's certification"
and inserting in lieu thereof the words "instructors'
certifications";
On page 6, subdivision 5.1.b., after the words "keep their" by
striking out the word "certification" and inserting in lieu thereof
the word "certifications";
On page 6, paragraph 5.1.b.1., after the word "original" by
striking out the word "certification" and inserting in lieu thereof
the word "certifications";
On page 6, subdivision 5.2.a., after the word "shall" by
striking out the words "have the following";
On page 6, paragraph 5.2.a.1., at the beginning of the
sentence before the word "Experience" by inserting the word "Have";
On page 6, paragraph 5.2.a.2., at the beginning of the
sentence before the words "a handgun" by striking out the word
"Completed" and inserting in lieu thereof the word "Complete";
On page 6, subdivision 5.2.b., after the words "keep their" by
striking out the word "certification" and inserting in lieu thereof
the word "certifications";
On page 7, paragraph 5.2.b.1., after the words "original
instructor" by striking out the word "certification" and inserting
in lieu thereof the word "certifications";
On page 7, subdivision 5.2.c., after the words "original
instructor" by striking out the word "certification" and inserting
in lieu thereof the word "certifications";
On page 7, subdivision 5.5.d., after the words "omitted
information" by striking out the word "required";
On page 8, subsection 6.3., after the words "to obtain 75% on"
by striking out the word "a" and inserting in lieu thereof the word
"an";
On page 9, subsection 8.1., inserting a comma after the words
"but are not limited to";
On page 9, subsection 8.1., after the words "job description
and" by striking the words "they must" and inserting in lieu
thereof the words "the ability to";
On page 9, subdivision 8.1.a., after the words "training
requirements for" by striking out the word "such" and inserting in
lieu thereof the word "the";
On page 9, subdivision 8.1.a., after the words "position, and"
by inserting the word "to";
On page 10, paragraph 8.3.a.11., after the words "Check for"
by striking out the words "wants or" and after the words "persons
through" by striking out the word "DMV/NCIC" and inserting in lieu
thereof the word "NCIC";
On page 18, subparagraph 8.5.d.1.B., after the word
"eyeglasses" by striking out the words "is commonly accepted";
On page 18, subparagraph 8.5.d.1.F., after the words "perform the essential" by striking out the word "task" and inserting in
lieu thereof the word "tasks";
On page 18, subparagraph 8.5.d.2.A., after the words "the
applicant" by striking out the words "should not have or";
On page 18, subparagraph 8.5.d.3.C., after the words "or
mouth" by inserting a comma and the following words "except as
described in subparagraphs 8.5.d.3.A. and 8.5.d.3.B.";
On page 21, subparagraph 8.5.d.7.L., after the words "e.g.,"
by striking out the word "Scleroderm" and inserting in lieu thereof
the word "Scleroderma";
On page 21, subparagraph 8.5.d.8.K., after the words "Tract
Infection" by striking out the words "(now disqualifying)";
On page 23, paragraph 8.5.d.13., after the words "listed in
this" by striking the word "section" and inserting in lieu thereof
the word "subsection";
On page 27, subsection 13.4., after the words "and the head
of" by striking the word "each" and inserting in lieu thereof the
words "the applicant's employing";
On page 31, subdivision 16.1.h., at the beginning of the
sentence by striking out the word "Whose" and inserting in lieu
thereof the words "Having his or her";
And,
On page 31, subsection 16.4., after the words "outlined in
this" by striking through the word "rule" and inserting in lieu
thereof the word "section".
§64-9-6. Board of Medicine.
(a)
The legislative rule filed in the state register on the
eighteenth day of July, two thousand eight, 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 nineteenth day of November, two thousand
eight, relating to the Board of Medicine (licensure, disciplinary
and complaint procedures; continuing education; and physician
assistants, 11 CSR 1B), is authorized.
(b) The legislative rule filed in the state register on the
eighteenth day of July, two thousand eight, authorized under the
authority of section ten, 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 fifteenth day of October, two thousand eight,
relating to the Board of Medicine (establishment and regulation of
restricted license issued to an applicant in extraordinary
circumstances, 11 CSR 2), is authorized, with the following
amendment:
On page three, subsection 3.8. after the word "not" by
striking out the word "be".
§64-9-7. Board of Pharmacy.
(a) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand eight, authorized under
the authority of section twelve, article five, chapter thirty, of
this code, modified by the Board of Pharmacy to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the twentieth day of February, two thousand nine,
relating to the Board of Pharmacy (licensure and the practice of
pharmacy, 15 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand eight, authorized under
the authority of section thirty, article five, chapter thirty, of
this code, modified by the Board of Pharmacy to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the twentieth day of February, two thousand nine,
relating to the Board of Pharmacy (immunizations administered by
pharmacists, 15 CSR 12), is authorized.
(c) The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand eight, authorized under
the authority of section one, article five, chapter thirty, of this
code, modified by the Board of Pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twentieth day of February, two thousand nine,
relating to the Board of Pharmacy (regulation of charitable clinic
pharmacies, 15 CSR 3), is authorized.
§64-9-8. Physical Therapy.
The legislative rule filed in the state register on the
twenty-eighth day of August, two thousand eight, authorized under
the authority of section five, article twenty, chapter thirty, of
this code, modified by the Board of Physical Therapy to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of October,
two thousand eight, relating to the Board of Physical Therapy
(general provisions, 16 CSR 1), is authorized,
with the following
amendments:
On page 1, subsection 16-1-2.4, after the words "assistance in
the practice of physical therapy." by striking out the following sentence, '"Massage therapists, exercise physiologists, athletic
trainers or other persons who have technical or professional
education or training, and who assist the physical therapist,
should be considered physical therapy aides and be represented as
such.
";
On page 3, subsection 16-1-7.2, by removing the underlined
language and inserting in lieu thereof the following, "provide on-
site supervision.";
On page 4, subsection 16-1-9.1(c)(3), by removing the
following new language, "physical therapists holding a temporary
permit"
;
On page 7, subdivision 16-1-11.2.b. by striking out the dollar
amount "$110.00" and inserting in lieu thereof the dollar amount
"$220.00";
And,
On page 7, subdivision 16-1-11.2.g. by striking out the dollar
amount "$70.00" and inserting in lieu thereof the dollar amount
"$140.00"
.
§64-9-9. Board of Examiners for Registered Professional Nurses.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand eight, authorized under the
authority of section four, 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
ninth day of January, two thousand nine, relating to the Board of
Examiners for Registered Professional Nurses (policies, standards
and criteria for the evaluation and accreditation of colleges, departments or schools of nursing, 19 CSR 1), is authorized,
with
the following amendment:
On page 3, subsection 4.1, after the words "on-site visit is"
by reinserting the stricken words "fifty dollars ($50.00)", and by
striking the underscored words "as set forth in the board's rule
Fees, 19 CSR 12.".
(b) The legislative rule filed in the state register on the
first day of August, two thousand eight, authorized under the
authority of section fifteen-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
twentieth day of January, two thousand nine, relating to the Board
of Examiners for Registered Professional Nurses (limited
prescriptive authority for nurses in advanced practice, 19 CSR 8),
is authorized.
§64-9-10. Board of Respiratory Care.
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand eight, authorized under the
authority of section six-a, article thirty-four, chapter thirty, of
this code, modified by the Board of Respiratory Care to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of October,
two thousand eight relating to the Board of Respiratory Care
(student temporary permits, 30 CSR 9), is authorized, with the
following amendment:
On page 1, subdivision 2.2b, by striking subdivision 2.2b in
its entirety and inserting in lieu thereof a new subdivision 2.2b to read as follows:
"2.2b. An official transcript indicating successful completion
of a minimum of thirty semester hours or the quarter hour
equivalent, eighteen of which must be specific to respiratory care
core curriculum, and at least two hundred clinical hours;".
§64-9-11. Secretary of State.
The legislative rule filed in the state register on the
fifteenth day of February, two thousand eight, authorized under the
authority of section one hundred ten, article twenty-eight-a,
chapter forty-eight, 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 seventh day of
August, two thousand eight, relating to the Secretary of State
(administration of the address confidentiality program, 153 CSR
37), is authorized, with the following amendment:
On page 8, subsection 153-37-15, by striking section 15.1 in
its entirety and inserting in lieu thereof the following:
"15.1. If any post election challenges are brought pertaining
to the outcome of any election and it becomes necessary to check
the validity of all absentee ballots cast in the election by
verifying the names and addresses of all voters casting absentee
ballots, a protected records voter's ballot shall not be included
in the review unless the county canvassing board determines that
such a ballot would be determinative of a county election outcome.
When the county canvassing board has determined that review of a
protected records voter's ballot is necessary, the designated
county contact shall verify the protected records voter's ballot,
in executive session, using extreme caution to ensure continued confidentiality.
15.2. When the Secretary of State determines the review of a
protected records voter's ballot is necessary to determine the
outcome of any election that would be determined by voters outside
that county, the county canvassing board shall review the protected
ballots.".
§64-9-12. Board of Social Work Examiners.
The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand eight, authorized under the
authority of section three, article thirty, chapter thirty, of this
code, relating to the Board of Social Work Examiners (fee schedule,
25 CSR 3), is authorized.
§64-9-13. Treasurer's Office.
The legislative rule filed in the state register on the
twenty-ninth day of August, two thousand eight, authorized under
the authority of section two, article one, chapter twelve, of this
code, modified by the Treasurer's Office 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 nine,
relating to the Treasurer's Office (selection of state depositories
for receipt accounts, 112 CSR 7), is authorized, with the following
amendments:
On page 3, beginning on line twelve, by striking out all of
subdivisions 3.1.b. and 3.1.c. and inserting in lieu thereof the
following:
"3.1.b.Be insured by an agency of the federal government;
3.1.c.For deposits of state funds in excess of any amount insured by an agency of the federal government, be insured by:
3.1.c.i.A deposit guaranty bond issued by a valid
bankers' surety company acceptable to the Treasurer; and/or
3.1.c.ii.A collaterally secured bond, first approved by
the Treasurer, in the amount of not less than Ten Thousand Dollars
($10,000.00).";
On page 6, following subsection 4.11., by adding a new
subsection to read as follows:
"4.12.A deposit guaranty bond issued by an approved
bankers' surety company to insure state funds on deposit with an
eligible state depository may only secure those funds in the
custody of the Treasurer.";
On page 7, following subsection 5.3., by adding a new
subsection to read as follows:
"5.4.If a state depository insured through a collaterally
secured bond or through letters of credit becomes insolvent or in
any way breaches its contract with the Treasurer and fails to cure
the insolvency or breach within five (5) business days, the holder
of the collateral or the obligor for the letters of credit for the
depository shall, upon written demand from the Treasurer, within
three (3) business days remit to the Treasurer the collateral
securing state funds on deposit with the state depository.";
And,
On page 8, subsection 8.1, following the words "with the
Treasurer", by striking out the comma and the word "the" and
inserting in lieu thereof a period and the word "The".
§64-9-14. Board of Veterinary Medicine.
The legislative rule filed in the state register on the twenty-ninth day of August, two thousand eight, authorized under
the authority of section four, article ten, chapter thirty, of this
code, modified by the West Virginia, 1931, as amended, relating to
authorizing the Board of Veterinary Medicine to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the fifth day of December, two thousand eight,
relating to the West Virginia, 1931, as amended, relating to the
Board of Veterinary Medicine (schedule of fees, 26 CSR 6), is
authorized.
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