Senate Bill No. 7
(By Senator Bailey)
[Introduced January 11, 1995; referred to the Committee
on Government Organization.]
A BILL to amend article two, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section eight,
relating to local health authorities and agencies; requiring
the filing of emergency rules and other proposed rules with
county commission; and providing that when there is a
conflict between a similar rule promulgated or approved by
the Legislature and the ones submitted by the local health
authorities or agencies, the county commission's action on
the rule prevails.
Be it enacted by the Legislature of West Virginia:
That article two, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eight, to read as follows:
ARTICLE 2. LOCAL HEALTH OFFICERS.
2-8. Filing of rules; authority of county commissions;
conflict, between rule approved by Legislature and
rule promulgated by local authorities or agencies, decided by
County boards of health created and established pursuant to
the provisions of article two-a of this chapter shall,
notwithstanding any other provision of law to the contrary, file
all rules and emergency rules adopted and promulgated from time
to time with the clerk of the county commission. Such rules
shall be kept by such clerk or recording officer in a separate
book and shall be public records. The county commission may
adopt or reject any such rules and emergency rules, or amendments
or modifications of rules, by order or ordinance.
When there is a conflict between any rule or emergency rule
adopted and promulgated by a local health authority or agency,
and a similar rule that has been approved by the Legislature, the
action of the county commission shall prevail.
NOTE: The purpose of this bill is to authorize county
commissions to approve or reject rules adopted and promulgated by
local health agencies. It further provides that when there is a
conflict between a rule approved by the Legislature and a similar
one submitted to the county commission for approval, the county
commission has the discretion to approve or reject the rule.
§16-2-8 is new; therefore, strike-throughs and underscoring
have been omitted.