ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 7
(By Senator Bailey)
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[Originating in the Committee on Government Organization;
reported March 1, 1995.]
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A BILL to amend and reenact section three, article two-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend article nine-a
of said chapter by adding thereto a new section, designated
section eight, all relating to authorizing the secretary of
the department of health and human resources to promulgate
rules dealing with the use of tobacco products in this
state; and limiting authority of local boards of health from
promulgating rules relating to the use of tobacco.
Be it enacted by the Legislature of West Virginia:
That section three, article two-a, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article nine-a of
said chapter be amended by adding thereto a new section,
designated section eight, all to read as follows:
ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH
AGENCIES.
§16-2A-3. Powers and duties of county and municipal boards of
health; promulgating and filing of rules.
County or municipal boards of health created and established
pursuant to the provisions of this article shall direct,
supervise and control all matters relating to the general health
and sanitation of their respective counties or municipalities,
and shall possess and exercise such power in relation thereto as
may be exercised and is possessed by the state board of health or
the director, as the case may be, so far as such powers are
applicable to such county or municipality. Local boards of
health shall also have the power and authority to adopt and
promulgate and from time to time amend rules, consistent with the
laws of this state and the rules of the state board of health, as
may be necessary and proper for the protection of the general
health of the county or municipality and the prevention of the
introduction, propagation and spread of disease therein. All
rules shall be filed, in the case of a county board, with the clerk of the county commission, and in the case of a municipal
board, with the clerk, recorder or similar officer of the
municipality. The rules shall be kept by the clerk or recording
officer in a separate book and shall be public records:
Provided, That effective the first day of March, one thousand
nine hundred ninety-five, local boards of health shall not be
authorized to promulgate rules dealing with the use, sale,
distribution, marketing or promotion of tobacco products. The
authority to regulate tobacco products within this state is to be
vested exclusively in the department of health and human
resources, subject to the rule-making procedures in chapter
twenty-nine-a of this code.
It shall be the duty of such local boards of health to
protect the general health and supervise and control the
sanitation of their respective counties and municipalities; to
enforce the laws of this state pertaining to public health, and
the rules and regulations of the state board of health, insofar
as they are applicable to such counties or municipalities, and to
perform such duties in relation to public health as may be
prescribed by order of the county commission of such counties or
ordinances of such municipalities, consistent with the public health laws of this state and the regulations duly adopted by the
state board of health. All such local boards of health receiving
state or federal funds for health purposes shall first receive
approval by the director of the state department of health of
their general plans of operation for health purposes. Such
director may, if deemed necessary or expedient by him, act
through any county or municipal board of health created,
established and operated pursuant to the provisions of this
article.
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-8. Regulation of tobacco products.
The secretary of the department of health and human
resources shall, on or before the first day of May, one thousand
nine hundred ninety-six, promulgate legislative rules pursuant to
chapter twenty-nine-a of this code dealing with the use of
tobacco products in this state.