H. B. 2932
(By Delegates Manchin, Longstreth and Caputo)
[Introduced January 13, 2010; referred to the
Committee on Political Subdivisions then the Judiciary.]
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 approval of board of health rules, relating to tobacco
use in public or private places, by its appointing authority
or authorities.
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. Approval of board rules, relating to tobacco use in
public or private places, by appointing authority.
(a) Before a rule, relating to tobacco use in public or
private places, promulgated by a local board of health becomes
effective the appointing authority or authorities must approve the rule.
(b) After giving at least thirty days notice, the appointing
authority or authorities, shall hold a public hearing to allow the
public to submit comments concerning the proposed rules.
Notwithstanding any other provision of this code, the appointing
authority or authorities shall, no sooner than thirty days after
the conclusion of the hearing, and no later than sixty days after
the hearing, vote on the approval of the rules. The appointing
authority may not modify the rules. If approved, the rules shall
take effect thirty days after the approval, unless a later date is
set by the local board of health. If the rules are not approved
the board of health may resubmit the rules or modify the rules and
resubmit them at any time.
(c) If the appointing authority or authorities do not vote on
the rules within ninety days after the rules are submitted to it or
them, the rules are considered rejected by the appointing authority
or authorities. A vote taken by the appointing authority or
authorities after the ninety-day period has no effect on the rules.
(d) The provisions of this section apply only to the rules of
a local board of health that have not been made effective prior to
the effective date of this section.
NOTE: The purpose of this bill is to require the approval of
board of health rules relating to tobacco use in public or private
places by its appointing authority or authorities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.