HOUSE CONCURRENT RESOLUTION NO. 71
(By Delegates Morgan, Martin, Argento, Beach, Cann, Caputo,
Eldridge, Hartman, Hutchins, Michael, Palumbo, D. Poling,
Staggers, Swartzmiller, Talbott, Williams, Andes, Canterbury,
Cowles, Porter, Rowan and Schoen )
[Originating in the Committee on Government Organization;
March 5, 2007]
Requesting the Joint Committee on Government and Finance study the
effects of requiring the approval of the Secretary of the
Department of Health and Human Resources of proposed rules of
local boards of health.
Whereas, Local Boards of Health are each granted autonomous
powers and are thus authorized to adopt and promulgate rules that
are necessary and proper for the protection of the general health
of their individual service areas; and
Whereas, While regional differences are recognized by the
Legislature through the authorization to adopt rules independently,
there may arise situations and circumstances that are not unique to
any one Local Board of Health service area; and
Whereas, The Secretary of the Department of Health and Human
Resources may know or have cause to know of similar situations and
circumstances where the adoption and promulgation of similar rules
and policies may be appropriate to protect the public health;
therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects of requiring the approval of the
Secretary of the Department of Health and Human Resources of
proposed rules of local boards of health; and, be it
Further Resolved, That the Joint Committee on Government
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.