DHHR 64csr10
H. B. 2729

(By Delegates Mahan, Palumbo,

Cann, Pino, Armstead and Overington)

[Introduced February 28, 2005; referred to the

Committee on Health and Human Resources then the Judiciary.]




A BILL to amend §64-5 of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated §1, relating to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to methods and standards for chemical tests for intoxication.

Be it enacted by the Legislature of West Virginia:
That §64-5 of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated §1, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Department of Health and Human Resources.
The legislative rule filed in the state register on the twenty-third day of April, two thousand four, under the authority of section four, article one, chapter sixteen, of this code, 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-fifth day of January, two thousand five, relating to the Department of Health and Human Resources (methods and standards for chemical tests for intoxication, 64 CSR 10), is authorized.

NOTE: The purpose of this bill is to authorize the Department of Health and Human Resources to promulgate a legislative rule relating to Methods and Standards for Chemical Tests for Intoxication.

This section is new; therefore, strike-throughs and underscoring have been omitted.