ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 305
(By Senators Ross, Anderson, Bowman, Macnaughtan,
Boley and Buckalew)
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[Originating in the Committee on the Judiciary;
reported February 25, 1998.]
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A BILL to amend and reenact section one, 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; 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 a legislative rule relating to asbestos
abatement licensing; authorizing division of health to
promulgate legislative rules relating to fund for breast and
cervical cancer; authorizing division of health to promulgate
legislative rules relating to certain clinical laboratory
licensure; authorizing division of health to promulgate
legislative rules relating to drinking water treatment
revolving fund; and authorizing division of health to
promulgate legislative rules relating to sewage systems.
Be it enacted by the Legislature of West Virginia:
That section one, 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.
(a) The legislative rule filed in the state register on the
eighteenth day of November, one thousand nine hundred ninety-six,
authorized under the authority of section three, article thirty- two, chapter sixteen of this code, 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 sixteenth day of
December, one thousand nine hundred ninety-seven, relating to the
division of health (asbestos abatement licensing, 64 CSR 63), is
authorized.
(b) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven,
authorized under the authority of section eight, article thirty- three, chapter sixteen of this code, 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 sixteenth day of
December, one thousand nine hundred ninety-seven, relating to the
division of health (breast and cervical cancer diagnostic and
treatment fund, 64 CSR 69), is authorized.
(c) The legislative rule filed in the state register on the
first day of August, one thousand nine hundred ninety-seven, under
the authority of section ten, article five-j, chapter sixteen of
this code, modified by the director of the division of health to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
January, one thousand nine hundred ninety-eight, relating to the
division of health (clinical laboratory technician and technologist
licensure and certification, 64 CSR 57), is authorized.
(d) The legislative rule filed in the state register on the
twenty-second day of December, one thousand nine hundred ninety-seven, authorized under the authority of section two,
article thirteen-c, chapter sixteen of this code, relating to the
division of health (drinking water treatment revolving fund, 64 CSR
49), is authorized.
(e) The legislative rule filed in the state register on the
fourth day of June, one thousand nine hundred ninety-seven,
authorized under the authority of section seven, article one,
chapter sixteen of this code, 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 sixteenth day of December,
one thousand nine hundred ninety-seven, relating to the division of
health (sewage systems, 64 CSR 9), is authorized.