Vote Smart's Synopsis:

Vote to pass a bill that reduces the power of the state public health officer during a public health emergency in favor of legislative oversight.

Highlights:

• Specifies if a state public health emergency has been declared, any order or other directive issued by the State Health Officer to control, prevent, or minimize an outbreak of any disease or pandemic may not take effect unless and until the order or directive is approved by the Governor and a copy of the approved order or directive is filed in the Office of the Secretary of State, at which time the order or directive has the full force and effect of law (Sec. 1.c).

• Requires a state of emergency, whether proclaimed by the Governor or by the Legislature, to terminate 45 days after the date on which it was proclaimed (Sec. §31-9-8.b-1).

• Authorizes the Governor, by proclamation, to extend, without limit, a state of emergency that affects less than one-third of all counties in the state, that is in response to an oil spill, or that is in response to a weather-related event, including, but not limited to, a hurricane, tornado, drought, or flood (Sec. §31-9-8-2)

• Specifies if the property is taken for temporary use, the Governor, within 30 days of the taking, will fix the amount of compensation to be paid for use of the property, and if the property is returned to the owner in a damaged condition, or is not returned to the owner, the Governor to fix within 30 days the amount of compensation to be paid for the damage or failure to return (Sec. §31-9-8-3.a).

• Establishes when a state public health emergency has been declared, any order or other directive issued by the State Health Officer to abate any condition prejudicial to public health or otherwise control, prevent, or minimize an outbreak of any disease or pandemic may not take effect unless and until the order or directive is approved by the Governor and filed with the Secretary of State (Sec. §31-9-8-9-2.a).

• Establishes under no circumstances can the Governor or the State Health Officer, during a state of emergency, order the vaccination of individuals over an assertion made that the vaccination cannot be administered because of a bona fide medical condition or is contrary to a bona fide religious belief or otherwise sincerely held personal belief (Sec. §31-9-8-9-2.b).

• Establishes during a state public health emergency, before the Governor can issue any proclamation, rule, order, or other directive or approve any order or other directive, which directive would restrict, limit, or otherwise burden the conduct of private citizens or businesses, they must make a good faith attempt to consult with members of the Legislative Council regarding the content, scope, and purpose of the directive (Sec. §31-9-8-9-2.g).

• Specifies nothing in this section can authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition (Sec. §31-9-8-9-2.h-1).

Full Bill Text