{"id":"WV-081","kind":"order","level":"state","jurisdiction":"West Virginia","state":"WV","metro":"","industry":"","agency":"","eco":"","issuer":"West Virginia Legislature (2021 Regular Session), approved by Governor Jim Justice","authority":"W. Va. Code 16-2-2, 16-2-9, 16-2-11 as amended and reenacted","instrument":"Enrolled Committee Substitute for Senate Bill 12 (2021 Reg. Sess., ch. 213)","title":"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","dateIssued":"2021-03-16","effective":"2021-06-02 (ninety days from passage on Mar. 4, 2021)","end":"In force","startDate":"2021-06-02","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["OTHER"],"addressees":["local boards of health","county commissions and municipalities","the state health officer"],"clause":"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","functions":["governs the force of county and municipal health-board orders from June 2, 2021 (preemption field)"],"notes":"Approved by the Governor Mar. 16, 2021 (bill history, wvlegislature.gov). The West Virginia answer to \u0027did the State bar local orders\u0027: it did not bar them; from June 2, 2021 it made local board rules subject to elected-body approval.","sourceUrl":"https://www.wvlegislature.gov/Bill_Text_HTML/2021_SESSIONS/RS/signed_bills/senate/SB12%20SUB1%20ENR_signed.pdf","snapshot":"","fileExists":true,"fileBytes":213802,"grade":"primary","character":"","description":"","collection":"WV","url":"/library/WV-081","exhibitUrl":"/exhibit/WV-081","citation":"West Virginia Legislature (2021 Regular Session), approved by Governor Jim Justice, Enrolled Committee Substitute for Senate Bill 12 (2021 Reg. Sess., ch. 213) (Mar. 16, 2021) (Ex. WV-081)","stateName":"West Virginia","related":["DUT-WV-029","DUT-WV-003"]}