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Legislative Year: 2022 Change
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Bill Detail: HB22-1238

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Title Elected Officials Approve Epidemic Duties
Status House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely (03/28/2022)
Bill Subjects
  • Local Government
  • Public Health
  • State Government
House Sponsors M. Lynch (R)
Senate Sponsors R. Woodward (R)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee
Date Introduced 02/15/2022
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.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (03/17/2022) (most recent)  
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