The COVID Project
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
2020 Q22020 Q32020 Q42021 Q12021 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 noteW. Va. Code 16-2-11 current text confirmed at code.wvlegislature.gov.