COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Originating in the Committee on the Judiciary;
reported February 24, 1995.]
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A BILL to amend and reenact article five, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating generally to the
promulgation of administrative rules by the various
executive or administrative agencies and the procedures
relating thereto; the legislative mandate or authorization
for the promulgation of certain legislative rules by
various executive and 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 legislative rules as amended by the
Legislature; authorizing certain of the agencies to
promulgate legislative rules with various modifications
presented to and recommended by the legislative rule-making review committee; authorizing the division of
health to promulgate legislative rules relating to
wastewater treatment works and operators, as modified;
authorizing the department of health and human resources
to promulgate legislative rules relating to public water
systems, as modified; and authorizing the department of
health and human resources to promulgate legislative rules
relating to behavioral health patient rights.
Be it enacted by the Legislature of West Virginia:
That article five, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. State board of health; division of health.
The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred ninety-four,
modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twentieth day of October, one thousand
nine hundred ninety-four, relating to the division of health
(wastewater treatment works and operators, 64 CSR 5), are
authorized.
§64-5-2. Department of health and human resources.
(a) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-eighth day of November, one thousand nine hundred
ninety-four, relating to the department of health and human
resources (public water systems, 64 CSR 3), are authorized.
(b) The legislative rules filed in the state register on
the fifteenth day of August, one thousand nine hundred
ninety-four, modified by the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
sixteenth day of January, one thousand nine hundred
ninety-five, relating to the department of health and human
resources (behavioral health patient rights, 64 CSR 59), are
authorized.