WEST virginia legislature

2024 regular session

Committee Substitute

for

Senate Bill 31

By Senator Woodrum

[Originating in the Committee on the Judiciary; reported January 17, 2024]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §64-5A-1 and §64-5A-2, all relating generally to authorizing certain agencies of the Department of Human Services to promulgate legislative rules; authorizing the rules as modified by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Human Services to promulgate a legislative rule relating to collection and exchange of data related to overdoses;  authorizing the Department of Human Services to promulgate a legislative rule relating to procedure to contest the substantiation of child abuse or neglect; and authorizing the Family Protection Services Board to promulgate a legislative rule relating to domestic violence program licensure standards.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5A. Authorization for Department of human services to promulgate legislative rules.

§64-5A-1. Department of Human Services.

1. The legislative rule filed in the State Register on July 18, 2023, authorized under the authority of §16-5T-5 of this code, modified by the Department of Human Services to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 7, 2023, relating to the Department of Human Services (collection and exchange of data related to overdoses, 67 CSR 01), is authorized.
2. The legislative rule filed in the State Register on July 13, 2023, authorized under the authority of §49-4-601b of this code, modified by the Department of Human Services to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 7, 2023, relating to the Department of Human Services (procedure to contest the substantiation of child abuse or neglect, 78 CSR 27), is authorized with the following amendment:

On page 2, subsection 3.1, by striking out the word “either” and inserting in lieu thereof the word “any”.

§64-5A-2. Family Protection Services Board.

The legislative rule filed in the State Register on July 13, 2023, authorized under the authority of §48-26-403 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 November 7, 2023, relating to the Family Protection Services Board (domestic violence program licensure standards, 191 CSR 02), is authorized.