SB 369: Authorizing miscellaneous boards and agencies to promulgate legislative rules - West Virginia

sb369 hfat phillips 3-20 adopted.htm → sb369 sfa martin 4-2 _1 adopted.htm · 2 edits

MINOR

Senator Martin amended the bill to add specific provisions regarding candidate Political Action Committee (PAC) activities and corrected a typo in the Board of Respiratory Care section. The amendment clarifies what candidates can and cannot do with PACs, including rules about contributions, reimbursements, and sponsorship of other candidates. It also fixes a spelling error changing 'statue' to 'statute' in the respiratory care section.

Scope change

The bill's scope was expanded to include new regulatory provisions for candidate PAC activities, while the Board of Respiratory Care section was modified to correct a terminology error.

REQUIREMENT

New section 7 was added to specify candidate PAC activity rules, including who may serve as PAC officers, contribution limits, expense reimbursement restrictions, and limitations on sponsoring other candidates for non-campaign activities.

TECHNICAL

A spelling correction was made in the Board of Respiratory Care section, changing the word 'statue' to 'statute' to accurately reference legal statutes.

sb369 h go am _1 3-17 adopted.htm → sb369 hfat phillips 3-20 adopted.htm · 3 edits

MINOR

The bill's title was substantially revised to reflect a comprehensive list of all legislative rules being authorized, replacing a specific amendment to the State Auditor's private trust companies rule with a broad authorization of rules across multiple state boards and departments. This change clarifies the bill's purpose and scope by explicitly listing every agency and rule subject to the legislation, rather than focusing on a single amendment.

Scope change

The bill's scope was expanded from a targeted amendment to the State Auditor's private trust companies confidentiality rule to a comprehensive authorization of legislative rules across numerous state agencies including agriculture, professional licensing boards, and election commissions.

SCOPE

The bill title was changed from a specific amendment to the State Auditor's private trust companies rule to a comprehensive list authorizing rules for multiple agencies including agriculture, professional licensing boards, and election commissions.

A detailed list of all legislative rules being authorized was added, covering 30+ different agencies and their respective rulemaking authorities.

REQUIREMENT

The specific amendment language regarding confidentiality for private trust company applications (Form WVSAO-PTC-Bio, Family Members lists, and Genealogical Charts) was removed from the bill text.

Committee Substitute → sb369 h go am _1 3-17 adopted.htm · 1 edit

MINOR

The bill was amended to add specific language authorizing a legislative rule by the State Auditor regarding private trust companies. The amendment clarifies that certain confidential information submitted in private trust company applications (biographical reports, family member lists, employee lists, and genealogical charts) must be protected from disclosure under the Freedom of Information Act.

Scope change

The bill's scope was expanded to include a specific amendment to the State Auditor's existing rule on private trust companies, adding confidentiality protections for application materials.

REQUIREMENT

Added a new requirement that specific application documents for private trust company licensure (biographical reports, family member lists, employee lists, and genealogical charts) must be kept confidential and cannot be disclosed under the Freedom of Information Act.

Second Enrollment → Committee Substitute · 5 edits

MODERATE

The bill was amended from its Second Enrollment to a Committee Substitute version, primarily changing the bill title and version information while retaining the same substantive legislative content. The Committee Substitute version reorganized the bill's sections, added a new section for the Board of Registered Nurses, and made minor formatting adjustments to the text.

Scope change

The bill's scope remains the same - it authorizes various state boards and agencies to promulgate legislative rules. However, the bill structure was modified to include a new section for the Board of Registered Nurses and renumbered subsequent sections accordingly.

SCOPE

Added a new section authorizing the Board of Registered Nurses to promulgate legislative rules regarding registration, licensure, and professional misconduct.

TECHNICAL

Reorganized bill sections by renumbering from §64-9-17 through §64-9-22 to accommodate the new Board of Registered Nurses section.

Changed the bill title from 'Second Enrolled' to 'Committee Substitute' and updated version information in the header.

Adjusted the effective date language from 'Passed April 4, 2025; in effect from passage' to 'Reported February 25, 2025, from the Committee on the Judiciary'.

Minor formatting changes including removal of blank lines and adjustment of spacing in the certification section.

Enrolled Committee Substitute → Second Enrollment · 12 edits

MAJOR

The bill was finalized and enrolled for passage, incorporating amendments from the Legislative Rule-Making Review Committee. The substantive changes involve adding new regulatory authorizations for multiple state boards and agencies, including the Board of Architects, State Auditor, and various professional licensing boards, while modifying existing rules for employment background checks, campaign finance, and pharmacy regulations. The bill also expanded certain exemptions for small-scale fish processing and updated fee structures for several professional boards.

Scope change

The bill's scope expanded to include additional state boards and agencies that were not previously covered, including the Board of Architects, State Auditor, and various professional licensing boards for medicine, pharmacy, and real estate.

SCOPE

Added authorization for the Board of Architects to promulgate rules regarding registration fees

Added authorization for the State Auditor to promulgate rules regarding private trust companies

REQUIREMENT

Modified employment background check rules to include gender-neutral language and updated confidentiality provisions for private trust company applications

Amended campaign finance regulations to clarify candidate PAC activities and remove references to leadership PACs

Updated pharmacy regulations to include the Uniform Controlled Substances Act and pharmacy permit rules

Added new provisions for the Board of Occupational Therapy regarding telehealth practice requirements and definitions

Modified plant-based derivative rules to include kratom alongside hemp

Updated real estate commission rules to change biannual to biennial requirements and correct section references for fee waivers

Amended respiratory care rules to remove date-based distinctions for licensure and delete certain subsections

Added authorization for the Board of Sanitarians to regulate public health sanitation practices

Added authorization for the Hope Scholarship Board to regulate the Hope Scholarship Program

EXEMPTIONS

Expanded fish processing exemptions to include up to 20,000 pounds per year for establishments licensed by the Commissioner of Agriculture

Introduced Version → Enrolled Committee Substitute · 3 edits · Apr 29, 2025

MINOR

The bill was converted from an introduced draft to an enrolled committee substitute version, incorporating final legislative amendments and formatting changes. The substantive policy content remains focused on authorizing multiple state boards and agencies to promulgate legislative rules for various regulatory programs, with no changes to funding amounts, eligibility criteria, or enforcement mechanisms.

Scope change

The bill's scope remains unchanged; it continues to authorize the same state boards and agencies to promulgate legislative rules for their respective regulatory programs.

TECHNICAL

The bill text was reformatted from a draft introduction style to a final enrolled version, including updated dates, corrected code section references, and consolidated rule authorizations.

Navigation and header elements were removed as they were website interface components rather than legislative content.

Minor corrections were made to code section citations and rule filing dates throughout the text to reflect the final legislative record.

Authorizing miscellaneous boards and agencies to promulgate legislative rules

What changed between versions

How they voted

Actions timeline

Sponsors