SB265 HFA Lane 4-11

    Delegate Lane moves to amend the amendment on page 4, section 1, after line 1, following subdivision (e), by inserting the following:

    “(f) The interpretative rule filed in the State Register on February 10, 2011, reciting therein that it is authorized under the authority of section nine, article sixteen, chapter five, sections four and five, article three, and section one, article four chapter sixteen of this code, relating to the Department of Health and Human Resources (immunizations requirements for new school enterers, 64 CSR95) is hereby determined by the Legislature to exceed the limits of the authority of the Department of Health and Human Resources to exercise rule making power to promulgate procedural or interpretative rules, and contains provisions that may only be promulgated as a legislative rule that is subject to the provisions of article three, chapter twenty-nine-a of this code and as such, has not been filed as a legislative rule and is therefore not authorized.”

And

    To redesignate the remaining subdivision accordingly.

Adopted

Rejected