SB3026 SFAT #1 Trump 10-13

Smith  7883

Senator Trump moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill 3026—A Bill to amend and reenact §16-2-2, §16-2-11, and §16-2-13 of the Code of West Virginia, 1931, as amended, all relating to local boards of health; defining terms including “enforcement activity”, “enhanced public health services”, ”guidance”, “health order”, “local health department rule”, “local rule”, and “state rule”; clarifying the authority of local health departments to adopt and promulgate local health department rules; requiring that local health department rules not acted  upon by a county commission or appointing authority within 30 days of their issuance become void; exempting from the aforementioned 30-day provision local health department rules in effect on or before March 4, 2021, clarifying that a local health department rule issued in response to an imminent public health emergency may have immediate force and effect subject to the provisions of law related to review and longevity of local health department rules; clarifying that orders of the Secretary of the Department of Health and Human Resources related to public health are state rules for enforcement purposes; clarifying that local health officers have the authority to enforce state rules, local rules, and local health department rules; and clarifying local health officers’ authority to engage in enforcement activities, issue guidance, and orders.

Adopted

Rejected