COMMITTEE SUBSTITUTE
FOR
H. B. 4205
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
(Originating in the Committee on the Judiciary)
[February 27, 2002]
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;
continuing rules previously promulgated by state agencies and
boards; legislative mandate or authorization for the
promulgation of certain legislative rules; 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 certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended
by the legislative rule-making review committee and as amended
by the Legislature;
authorizing division of health to
promulgate legislative rule relating to design standards for
swimming pools
;
authorizing division of health to promulgate
legislative rule relating to public water systems
;
authorizing
division of health to promulgate legislative rule relating to
public water systems operators
; authorizing division of health
to promulgate legislative rule relating to reportable
diseases, events and conditions; a
uthorizing division of
health to promulgate legislative rule relating to recreational
water facilities
; authorizing division of health to promulgate
legislative rule relating to emergency medical services
;
authorizing division of health to promulgate legislative rule
relating to birth score program
; and authorizing division of
health to promulgate legislative rule relating to
Alzheimer/dementia special care units and programs
.
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.
(a) The legislative rule authorized under the authority of
section four, article one, chapter sixteen, of this code, relating
to the division of health (design standards for swimming pools, 64
CSR 25), is hereby repealed.
(b) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand one, authorized under the
authority of section nine-a, 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 twenty-sixth day of November, two thousand
one, relating to the division of health (public water systems, 64
CSR 3), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section four, 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 twenty-sixth day of November, two thousand
one, relating to the division of health (public water systems
operators, 64 CSR 4), is authorized.
(d)
The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section twelve, article 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 twenty-first day of November,
two thousand one, relating to the division of health (reportable
diseases, events and conditions, 64 CSR 7), is authorized.
(e)
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand one, authorized under the
authority of section four, 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 twenty-first day of November, two thousand
one, relating to the division of health (recreational water
facilities, 64 CSR 16), is authorized.
(f)
The legislative rule filed in the state register on the
thirty-first day of July, two thousand one, authorized under the
authority of section twenty-three, article four-c, 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 eleventh day of January, two
thousand two, relating to the division of health (emergency medical
services, 64 CSR 48), is authorized.
(g)
The legislative rule filed in the state register on the
twentieth day of July, two thousand one, authorized under the
authority of section four, article twenty-two-b, 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 August, two
thousand one, relating to the division of health (birth score
program, 64 CSR 83), is authorized.
(h)
The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand one, authorized under the
authority of section five, article five-r, 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 twenty-first day of November, two thousand
one, relating to the division of health (alzheimer/dementia special
care units and programs, 64 CSR 85), is authorized.
This article has been completely rewritten, therefore strike-
throughs and underscoring have been omitted.