SB 199 — Authorizing certain miscellaneous agencies and boards promulgate legislative rules

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 199 Senator Maynard, original sponsor [Passed[Originating Marchin 8,the 2019;Committee on the Judiciary;

inReported effecton fromJanuary passage]25, 2019]     ANA ACTBILL to amend and reenact §64-9-1, §64-9-2, §64-9-3, §64-9-4, §64-9-5, §64-9-6, §64-9-7, §64-9-8, §64-9-9, §64-9-10, and §64-9-11 of the Code of West Virginia, 1931, as amended, all relating generally to authorizing certain miscellaneous agencies and boards to promulgate legislative rules;

(e) The legislative rule filed in the State Register on January 9, 2018, authorized under the authority of §11-13DD-5 of this code, relating to the Commissioner of Agriculture (farm-to-food bank tax credit, 61 CSR 36), is authorizedauthorized. with the following amendment:

On page 4, after subdivision 5.6.b.

by inserting a new subsection 5.7.

to read as follows:

5.7.

All applications for tax credits must be received by the Department of Agriculture no later than January 31 of the year following the year in which the donation was made.

(g) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §19-35-4 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 November 26, 2018, relating to the Commissioner of Agriculture (farmers markets, 61 CSR 38), is authorizedauthorized. with the following amendment:

On page 8, by striking out paragraph “11.2.a.” in its entirety and renumbering the remaining paragraphs accordingly.

The legislative rule filed in the State Register on July 26, 2018, authorized under the authority of §30-14-14 of this code, relating to the Board of Osteopathic Medicine (licensing procedures for osteopathic physicians, 24 CSR 1), is authorizedauthorized. with the following amendment:

On page 16, by striking paragraph “18.1.hh.2” in its entirety and renumber the remaining paragraphs accordingly.

(b) The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §30-5-7 of this code, relating to the Board of Pharmacy (board of pharmacy rules for registration of pharmacy technicians, 15 CSR 7), is authorizedauthorized. with the following amendments:

On page 5, subsection 4.2 after the words, “minimum of” by striking out “960” and inserting in lieu thereof “500”;

On page 5, subsection 4.2 after the words, “within a” by striking out “15” and inserting in lieu thereof “12”;

On page 5, subsection 4.3 after the words, “a pharmacy in a” by striking out “960” and inserting in lieu thereof “500”;

On page 6, subdivision 4.4.c after the word, “Within” by striking out “15” and inserting in lieu thereof “12”;

And, On page 6, subdivision 4.4.e after the words “within the” by striking out “15” and inserting in lieu thereof “12”.

The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §30-38-9 of this code, modified by the Real Estate Appraiser Licensing and Certification Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 3, 2018, relating to the Real Estate Appraiser Licensing and Certification Board (requirements for licensure and certification, 190 CSR 2), is authorizedauthorized. with the following amendments:

On page 3, subdivision 4.1.d.

after the word “misdemeanor” by striking out the words “involving moral turpitude” and inserting in lieu thereof the following:

“that bears a rational nexus to the occupation requiring licensure”;

On page 29, subdivision 8.2.c.

after the word “misdemeanor by striking out the words “involving moral turpitude” and inserting in lieu thereof the following:

“that bears a rational nexus to the occupation requiring licensure;

And, On page 30, subdivision 9.2.f.

after the word “misdemeanor” by striking out the words “involving moral turpitude” and inserting in lieu thereof the following:

“that bears a rational nexus to the occupation requiring licensure.

(a) The legislative rule filed in the State Register on July 6, 2018, authorized under the authority of §29A-2-6 of this code, relating to the Secretary of State (filing and formatting rules and related documents and other documents for publication in the State Register, 153 CSR 6), is authorizedauthorized. with the following amendment:

On page 4, subdivision 5.1, after the words “New series rules” by striking out the word “may” and inserting in lieu thereof the word “shall”.

The legislative rule filed in the State Register on July 27, 2018, authorized under the authority of §37B-2-7 of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-MakingRule-making Review Committee and refiled in the State Register on December 13, 2018, relating to the Treasurer's Office (reporting and claiming unknown and unlocatable interest owners reserved interests, 112 CSR 16), is authorized.