H. B. 4297
(By Delegate Williams)
[Introduced February 6, 1998; referred to the
Committee on Government Organization then the
Judiciary.]
A BILL to amend and reenact section three, article two-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring
county and municipal boards of health to adopt resolutions
and hold public hearings.
Be it enacted by the Legislature of West Virginia:
That section three, article two-a, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH
AGENCIES.
§16-2A-3. Powers and duties of county and municipal boards of health; filing of rules.
County or municipal boards of health created and established
pursuant to the provisions of this article shall direct, supervise and control all matters relating to the general health
and sanitation of their respective counties or municipalities.
The local boards of health also have the power and authority to
adopt propose and promulgate and from time to time amend rules,
consistent with the public health laws of this state and the
rules of the West Virginia state department of health and human
resources, as may be necessary and proper for the protection of
the general health of the county or municipality and the
prevention of the introduction, propagation and spread of
disease. When a board of health proposes to make a rule that is
subject to this section, the board is required to adopt a
resolution of intent to make the rule. After adopting the
resolution the board is required to hold a public hearing to
obtain comments regarding the proposed rule. The hearings shall
conform with the following:
(1) A public hearing is not to be held unless a majority of
the board is present;
(2) The board is required to publish notice of the public
hearing once a week for two consecutive weeks in a newspaper of
general circulation within each political subdivision that would
be affected by the implementation of the proposed rule;
(3) The notice is to be published at least two weeks prior
to the date the hearing is scheduled to be held; and,
(4) The notice is required to specify the date, time, location, and purpose of the hearing and is to include a summary
of the proposed rule.
Following the public hearing, the board is required to
prepare a written report setting forth its findings of fact and
conclusions of law with regard to the proposed rule. Not later
than thirty days after the report is completed, the board is
required to make the report available to the public. The board
shall provide a copy to any interested party that requests it.
Interested parties may file with the board written
objections to any information in the report. Objections must be
filed not later than thirty days after the report is made
available to the public, except that the board may grant an
interested party an extension of time within which to file its
objections. The board must consider all objections received and
may request additional information from the interested parties.
After the time for filing objections has expired, the board
may approve a motion to submit the proposed rule for review by
the board's legislative authority, in the case of county boards
of health the authority shall be that county's commission, and in
the case of municipal boards the authority shall be the city's
council.
After receiving a proposed rule, the legislative authority
is required to hold a public hearing to obtain comments regarding
the proposed rule. The public hearing shall conform with the same requirements stated above.
Not earlier than thirty days after the legislative public
hearing, the legislative authority may, by majority vote, adopt,
modify, or reject the proposed rule. The legislative authority
is required to submit its decision in writing to the board of
health.
For those rules adopted by county and municipal boards of
health prior to the first day of July, one thousand nine hundred
ninety-eight, each rule shall be submitted to the proper
legislative authority without the necessity for a public hearing
by the board within thirty days of the enactment of this article
or the rule shall thereafter be void. Upon the submission of
the rule to the legislative body, it shall hold a public hearing
and then adopt, modify or reject the rule. All rules shall be
filed, in the case of a county board, with the clerk of the
county commission, and in the case of a municipal board, with the
clerk, recorder or similar officer of the municipality. The
rules shall be kept by the clerk or recording officer in a
separate book and shall be public records.
It is the duty of local boards of health to protect the
general health and supervise and control the sanitation of their
respective counties and municipalities; to enforce the laws of
this state pertaining to public health, and the rules of the
department of health and human resources, insofar as they are applicable to counties or municipalities, and to perform duties
in relation to public health as may be prescribed by order of the
county commission or by ordinance of the municipality consistent
with the public health laws of this state and the regulations
duly adopted by the department of health and human resources.
All local boards of health receiving state or federal funds for
health purposes shall submit a general plan of operation for
health purposes to the commissioner of the bureau of public
health for approval. The commissioner may act through any county
or municipal board of health created, established and operated
pursuant to the provisions of this article.
Local departments of health created and established pursuant
to the provisions of either this article or article two of this
chapter shall be notified of each immunization for hepatitis-b
and other blood borne pathogens received by firefighters within
the service area of the local department of health. Local
departments of health shall maintain, for a period of not less
than thirty years, a record of the date of the immunization and
the name of each firefighter within the service area of the local
health department immunized against hepatitis-b and other blood
borne pathogens.
NOTE: The purpose of this bill is to require county and
municipal boards of health to adopt resolutions and hold public
hearings prior to making rules.
Strike-throughs indicate language that has been stricken
from the present law, and underscoring indicates language that
has been added.