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Introduced Version House Bill 2932 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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