Bill Text: WV HB2095 | 2018 | Regular Session | Introduced
Bill Title: Relating to the rule-making authority of local boards of health
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-10 - To House Health and Human Resources [HB2095 Detail]
Download: West_Virginia-2018-HB2095-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
Referred to the Committee on Health and Human Resources then Government
Organization.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§16-2-11a, relating to the rule-making authority of local boards of health;
establishing a procedure by which a local governing body may review and vote
upon the adoption, amendment or revocation of existing local board of health
rules and requiring that the governing body adopt all proposed local board of
health rules by a majority vote before any new rule may be enforced.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new section,
designated §16-2-11a, to read as follows:
ARTICLE 2. LOCAL BOARDS
OF HEALTH.
§16-2-11a. Procedure
for Enacting Local Board of Health Rules.
(a) Short Title. --
This section shall be known and may be cited as the “Local Government
Accountability Act.”
(b) Definitions. -- For
the purposes of this section:
(1) “Governing body” means
the local governing body that created a local board of health.
(2) “Rule” means any public
health rule, regulation or standard promulgated by a local board of health.
(c) Effective immediately, a
local board of health may not promulgate any new rule unless the governing body
adopts the rule by a majority vote.
(d) On or before September 1,
2017, the governing body may require a local board of health to submit any and
all local board of health rules existing prior to the enactment of this section
to the governing body for review. Upon
review of the existing rules, the governing body may take one of the following
actions, by a majority vote:
(1) Adopt the rules in their
current form;
(2) Adopt the rules with
amendments; or
(3) Revoke any or all of the
rules.
(e) Effective immediately, a
local board of health shall submit any proposed rule to the governing body and
request approval by a majority vote.
Within ninety days of receiving a proposed rule from a local board of
health, the governing body shall take one of the following actions, by a
majority vote:
(1) Adopt the proposed rule
in its current form;
(2) Adopt the rule with
amendments; or
(3) Reject the rule.
(f) Upon a governing body's
adoption of a local board of health rule, the local board of health is
authorized to enforce such rule: Provided,
That nothing in this section authorizes a local board of health to exceed its
scope of authority under section eleven of this article.
NOTE: The purpose of this bill is
to establish a procedure by which a local governing body may review and vote
upon the adoption, amendment or revocation of existing local board of health
rules and to require that a governing body officially adopt all proposed local
board of health rules by a majority vote before any new rule may be enforced.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.