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Ex. WV-081 Order Primary source read

Enrolled Committee Substitute for Senate Bill 12 (2021 Reg. Sess., ch. 213)

Relating to local health departments: local board of health rules subject to approval by the appointing county commission or municipality; emergency rule process; state health officer policies during a statewide public health emergency

West Virginia Legislature (2021 Regular Session), approved by Governor Jim Justice · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code 16-2-2, 16-2-9, 16-2-11 as amended and reenacted
Issued
2021-03-16 Mar. 16, 2021
Effective
2021-06-02 (ninety days from passage on Mar. 4, 2021) (read as 2021-06-02)
End
In force (read as 2021-09-30)
In force
June 2, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Other
Addressees
  • local boards of health
  • county commissions and municipalities
  • the state health officer
Functions reached
  • governs the force of county and municipal health-board orders from June 2, 2021 (preemption field)
Collection
West Virginia WV

Operative words

AN ACT to amend and reenact 16-2-2, 16-2-9, and 16-2-11 of the Code of West Virginia, 1931, as amended, all relating to local health departments;... requiring rules by a local board of health to be published; requiring rules to be approved, disapproved or amended and approved by an appointing entity; providing that a rule currently in effect is not subject to approval, unless amended; providing an emergency rule process; requiring that an approved rule shall be filed with the appropriate entity; clarifying that a rule is only effective in the jurisdiction where the appointing entity grants approval; requiring rules shall be kept as public records; establishing an emergency health rule process; and permitting the state health officer to develop policies that each of the local departments must comply with when a statewide public health emergency is declared.

Enforcement

Statutory; rules not approved by the appointing entity are ineffective

Notes

Approved by the Governor Mar. 16, 2021 (bill history, wvlegislature.gov). The West Virginia answer to 'did the State bar local orders': it did not bar them; from June 2, 2021 it made local board rules subject to elected-body approval.

Retrieval note

W. Va. Code 16-2-11 current text confirmed at code.wvlegislature.gov.