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.