COMMITTEE SUBSTITUTE
FOR
H. B. 2398
(By Delegates Michael and Williams)

(Originating in the Committee on Finance)

[March 19, 1997]

A BILL to amend and reenact section three, article two, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section two, article two-a of said chapter, all relating to compensation of local board of health members.

Be it enacted by the Legislature of West Virginia:
That section three, article two, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section two, article two-a of said chapter be amended and reenacted, all to read as follows:
ARTICLE 2. LOCAL HEALTH OFFICERS.

§16-2-3. Counties, or counties and municipalities, may combine in employment of officers and installation and maintenance of equipment; combined local boards of health.

(a) Any two or more counties, or any county or counties and any one or more municipalities within or partially within the said county or counties, may combine to cooperate with the state department of health, by vote of the county commission in the case of a county and by vote of the council or other governing body in the case of a municipality, and may participate in the employment of trained health officers and other agents and employees, or in the installation and maintenance of a common laboratory and other equipment. Whenever any such units shall decide so to cooperate and shall appropriate a sum or sums of money for such joint or cooperative action, the state department of health is authorized and empowered to pay over and contribute to such cooperating units, and the cooperating units are authorized and empowered to receive and expend for public purposes, such sum or sums of money as may be available from funds included in appropriations made for the state department of health for such purposes: Provided, That the general plan of cooperation, as well as the principal health officers, executive agent or laboratory director employed by the cooperating units, shall first have been approved by the director of the ~~department~~ division of health. The amount of any such payment or contribution by the ~~state department~~ division of health to such cooperating units shall be determined in accordance with ~~regulations~~ rules established by the ~~state board of health~~ secretary of the division of health and human resources. Such ~~regulations~~ rules shall provide a method for determining the amount of any payment or contribution, and this method shall be uniformly applied in determining the amount of any payment or contribution to any such local governmental unit or units.
(b)(1) Each county or municipality participating in any such cooperative action shall select and appoint by vote of the county commission in the case of a county, and by vote of the council or other governing body in the case of a municipality, not less than one nor more than three persons to be members of a combined board of health. No such person shall be selected by, nor represent on, any such combined board, more than one such county or municipality. The number of persons to be selected by each participating county or municipality as members of such board, subject to the limitation contained in the two preceding sentences, shall be agreed upon by the several counties or municipalities participating.
(2) All members of such combined board of health shall be appointed for terms of five years each, except that the persons first appointed pursuant to the provisions of this section, if more than one such person is appointed at the same time by any one county commission or municipal governing body, shall be individually designated to serve for terms of one, two and three years, respectively, and if only one such person is appointed at such time by each participating county or municipality, the several participating counties or municipalities shall initially appoint such persons to serve for individually designated terms, which shall be agreed upon by the several appointing authorities, of one, two, three, four and five years, respectively. Upon the expiration of the term of such initial appointments, the term of each new appointee shall be five years. Any vacancy on such board shall be filled by appointment, by the original appointing authority, for the unexpired term. All members shall serve until their duly qualified successors have been appointed. The number of members of such board belonging to one political party shall not exceed by more than one the number of members of such board belonging to any other political party.
(3) All members of any such board shall be citizens and residents of the county or municipality they are appointed to represent. All members shall be eligible for reappointment.
(4) No member of such board may be removed from office during the term for which he is appointed, except for official misconduct, incompetence, neglect of duty or gross immorality.
No member of such board shall receive any compensation for his services, but each may be reimbursed for all reasonable and necessary travel and other expenses actually incurred by him in the performance of his duties as a member of such board. (5) The members of the board may receive compensation and reimbursement of expenses incurred in the performance of their duties in an amount set by the agreement of the cooperating units. The amount of compensation set by the agreement of the cooperating units shall not exceed the rate of compensation paid to members of the Legislature for performance of their interim duties for each day or substantial portion thereof the board member is engaged in the performance of duties as a board member. The reimbursement of expenses shall be in accordance with the rules promulgated by the governor relating to the reimbursement of travel expenses. No member of a board of health who is also an employee of a board of health or who also holds public office as the term is defined in section two, article one, chapter three of this code may receive compensation or reimbursement of expenses pursuant to the provisions of this section. is also an elected public official may receive compensation or reimbursement of expenses pursuant to the provisions of this section.
(6) Any such combined board of health shall consist of the several members so selected. Such board shall organize by electing a chairman from among its members. It shall have the power to adopt, and from time to time amend, such rules and regulations as it may deem necessary concerning the time and place of its meetings, the procedure and method of conducting its meetings or business, and any other matters affecting, or necessary to, the orderly and efficient discharge of its duties or exercise of its powers. All powers and duties belonging to or vested in county boards of health or municipal boards of health under any provision of the code are hereby vested in, conferred upon, and declared to be, the powers and duties of any combined board of health created pursuant to the provisions of this section. All powers and duties belonging to or vested in county or municipal health officers, so far as they are applicable and not in conflict with the provisions of this section, are hereby vested in, conferred upon, and declared to be, the powers and duties of any health officer appointed and employed by any combined board of health. Any health officer or other employee appointed or employed by any combined board of health shall be employed and serve, and may be discharged, at the will and pleasure of such board. The territorial jurisdiction of any such combined board of health shall be coextensive with the boundaries of all of the counties and municipalities which have been combined to cooperate as herein provided.
(7) Upon the formation of a combined local board of health as herein provided, and during the period that it continues to exist, there shall be no separate county board of health or municipal board of health in any county or municipality represented on the combined board of health.

ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH AGENCIES.

§16-2A-2. Membership and organization of county and municipal boards of health; appointment and qualification; terms; removal; compensation.

(a) A county board of health or municipal board of health created and established under the provisions of this article shall be composed of five members appointed by the county ~~court~~ commission or the governing body of the municipality. Where any county board of education contributes funds to a county ~~court~~ commission or a municipality, which creates ~~such~~ the board of health, for health purposes, ~~such~~ the board of education may nominate one member of ~~such~~ the local board of health. ~~Such~~ Each nominee shall be appointed to ~~such~~ the board of health by the appointing authority, if otherwise qualified. In the event ~~such~~ the nominee is rejected by the appointing authority, or in the event his or her position on the board of health is vacated during the term for which he or she is appointed, ~~such~~ the county board of education may nominate another person, who, if otherwise qualified, shall be appointed to the board of health by the appointing authority. In the event ~~such~~ the county board of education fails or refuses to nominate some person for ~~such~~ the appointment within thirty days of the date of the receipt of a request, in writing, from the appointing authority for a nomination, the appointing authority shall proceed to make ~~such~~ the appointment without any nomination by the county board of education.
(b) All members of any such board of health shall be citizens and residents of the county or municipality they are appointed to represent. No more than three of the members of ~~such~~ the board shall belong to the same political party, nor shall more than two of ~~such~~ the members be residents of the same magisterial district or municipal ward, nor shall more than two ~~such~~ members be personally and individually licensed in, engaged in, or actively participating in or carrying on, the same business, profession, or occupation. All members shall be eligible for reappointment.
(c) All members of ~~such~~ the board shall be appointed for terms of five years each, except that the persons appointed when the board is initially created shall be individually designated to serve for terms of one, two, three, four and five years, respectively. Upon the expiration of ~~such~~ the initial appointments the terms for each new appointee shall be five years. Each member shall serve until the appointment of his or her duly qualified successor. Any vacancy on ~~such~~ the board shall be filled by appointment for the unexpired term.
~~Such~~ (d) Each county or municipal board of health shall organize by electing from its members a chairman who shall serve as such for a period of one year. ~~Such~~ The chairman shall have the power to sign documents, execute contracts and otherwise act for and in the name of ~~such~~ the board in all matters within its lawful powers and duly authorized by a majority of its members.
(e) No member of ~~such~~ the board may be removed from office during the term for which he or she is appointed except for official misconduct, incompetence, neglect of duty or gross immorality: Provided, That the revocation of a professional license issued by this state to any ~~such~~ member shall be sufficient reason and cause for the removal of ~~such~~ the member from office.
~~Each member of such~~ ~~the~~ board shall receive a sum set by the county court or governing body but not exceeding ten dollars as compensation for his services in attending each meeting of the board as required by law and may be reimbursed for actual and necessary travel and other expenses incurred by him in the performance of his duties as a member of such board. (f) The members of the board may receive compensation and reimbursement of expenses incurred in the performance of their duties in an amount set by the county commission or governing body. The amount of compensation set by the county commission or governing body shall not exceed the rate of compensation paid to members of the Legislature for performance of their interim duties for each day or substantial portion thereof the board member is engaged in the performance of duties as a board member. The reimbursement of expenses shall be in accordance with the rules promulgated by the governor relating to the reimbursement of travel expenses. No member of a board of health who is also an employee of a board of health or who also holds public office as the term is defined in section two, article one, chapter three of this code may receive compensation or reimbursement of expenses pursuant to the provisions of this section. is also an elected public official may receive compensation or reimbursement of expenses pursuant to the provisions of this section.