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HB22-1238

Elected Officials Approve Epidemic Duties

Concerning oversight of the exercise of powers granted in the case of an emergency.
Session:
2022 Regular Session
Subjects:
General Assembly
Local Government
Public Health
State Government
Bill Summary

Section 1 of the bill makes a legislative declaration.

Current law gives the governor extraordinary powers when the governor declares a disaster emergency. Current law specifies that a state of disaster emergency ends after 30 days unless continued by the governor. It also authorizes the general assembly to end the state of disaster emergency by joint resolution. Section 2 limits the ability of the governor to continue a declared disaster emergency by requiring the general assembly to affirmatively act by joint resolution to continue a declared disaster emergency beyond 12 months. Unless the general assembly acts by joint resolution to continue the state of disaster emergency, the state of disaster emergency that the governor has continued for 30-day increments terminates on the three hundred sixty-fifth day after the governor first declared a state of disaster emergency. Thereupon, the governor must issue an executive order or proclamation ending the state of disaster emergency.

Current law gives local health departments many powers to address epidemics. Many of these powers impose duties on people. Section 3 requires the governing body of a local government to approve any portion of a local health department's public health order that imposes duties on a class of people. If a duty relates to an emergency (emergency duty), the local health department may impose the emergency duty immediately but must submit the duty to the governing body within 7 days after adoption for the governing body's review and approval. To continue in effect, the governing body must approve the duty within 30 days after the public health order was issued and during each calendar month it continues in effect.

A terminated emergency duty may not be reimposed unless a new emergency arises or the governing body approves it being reimposed. Section 3 does not apply to a temporary emergency duty placed only on a single individual so long as the local health department has reasonable evidence to believe the individual is infected with a disease that causes an epidemic or was infected within the last 30 days.

Current law gives the department of public health and environment (department) many powers to address epidemics. Many of these powers involve the imposition of duties on people. Section 4 requires that the department submit the imposition of an emergency duty on a class of people to the governor and general assembly for approval. The emergency duty must be submitted to:

  • The governor within 7 days after adoption; and
  • The general assembly:
  • Within 7 days after adoption if the emergency duty is imposed within the first 100 days of a regular session of the general assembly; or
  • Within the first 30 days of the next regular session of the general assembly if the duty is imposed in the last 20 days of a regular session of the general assembly or in between regular sessions of the general assembly.

For the emergency duty to continue:

  • The governor must approve the emergency duty within 30 days after the department imposes the emergency duty and each calendar month that the department intends the emergency duty to remain in effect; and
  • The general assembly must approve the emergency duty each year that the department intends the emergency duty to remain in effect.

A terminated emergency duty may not be reimposed unless a new emergency arises or the governing body and general assembly approve it being reimposed. Section 4 does not apply to a temporary emergency duty placed only on a single individual so long as the department has reasonable evidence to believe the individual is infected with a disease that causes an epidemic or was infected within the last 30 days.
(Note: This summary applies to this bill as introduced.)

Status

Introduced
Lost

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. M. Lynch
Sen. R. Woodward

Sponsor

Rep. R. Pelton, Rep. A. Pico, Rep. D. Roberts, Rep. T. Van Beber, Rep. P. Will
Sen. D. Hisey

Co-sponsor

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