Vote Smart's Synopsis:

Vote to override a veto and pass a bill that prohibits a local health department from implementing orders more restrictive than those issued by the Governor's Office.

Highlights:

• Defines "local order" as the health laws, ordinances, orders, rules, and regulations of a board of health (Sec. 4.d).

• Specifies if a local order addresses any aspect of a declared emergency that is not addressed by executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows (Sec. 4.f):

• If the local order is issued by the health department of a county, the local order must be approved by the county legislative body;

• If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order;

• If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is:

• Approved by the mayor; or

• Passed over the mayor's veto by a 2/3rds vote.

• Prohibits a local board of health or local health officer from filing an action to enforce an order, citation, or administrative notice unless the appropriate legislative body has authorized the local board of health or local health officer to file the action (Sec. 5.b).

• Establishes a local health officer can be removed for 1 of the following reasons (Sec. 6.a):

• A failure to perform the officer's statutory duties;

• A failure to enforce the rules of the state department; or

• Another good cause.

• Requires the legislative body to determine whether to hear an appeal no later than 15 days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consideration by the legislative body must be heard at a public meeting of the legislative body held no later than 15 days after the date that the legislative body determines to hear the appeal (Sec. 10-3.a).

• Establishes the appointment of the director of the division of public health is subject to the approval of the city-county council. If the city-county council fails to approve a nominated individual on 2 separate occasions, the individual is barred from further consideration for the position (Sec. 11.b).

• Specifies if a local order addresses any aspect of a declared emergency addressed by executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order (Sec. 13.d).

• Requires the recipient of the enforcement action to file an appeal of the enforcement action with the city-county council no later than 7 days from the issuance of the enforcement action. Upon the proper filing of an appeal under this law by a recipient, the city-county council may stay the enforcement action until the final disposition of the appeal (Sec. 14.b).

• Specifies the following apply unless the city-county council has, no later than 15 days after the filing of the appeal, placed the appeal on the agenda for a meeting of the city-county council (Sec. 14.e):

• The appeal is considered denied;

• The city-county council shall inform the person that filed the appeal in writing that the appeal will not be heard and is considered denied; and

• The considered denial of the appeal is a final disposition of the appeal.

Full Bill Text

Vote Smart's Synopsis:

Vote to override a veto and pass a bill that prohibits a local health department from implementing orders more restrictive than those issued by the Governor's Office.

Highlights:

• Defines "local order" as the health laws, ordinances, orders, rules, and regulations of a board of health (Sec. 4.d).

• Specifies if a local order addresses any aspect of a declared emergency that is not addressed by executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows (Sec. 4.f):

• If the local order is issued by the health department of a county, the local order must be approved by the county legislative body;

• If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order;

• If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is:

• Approved by the mayor; or

• Passed over the mayor's veto by a 2/3rds vote.

• Prohibits a local board of health or local health officer from filing an action to enforce an order, citation, or administrative notice unless the appropriate legislative body has authorized the local board of health or local health officer to file the action (Sec. 5.b).

• Establishes a local health officer can be removed for 1 of the following reasons (Sec. 6.a):

• A failure to perform the officer's statutory duties;

• A failure to enforce the rules of the state department; or

• Another good cause.

• Requires the legislative body to determine whether to hear an appeal no later than 15 days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consideration by the legislative body must be heard at a public meeting of the legislative body held no later than 15 days after the date that the legislative body determines to hear the appeal (Sec. 10-3.a).

• Establishes the appointment of the director of the division of public health is subject to the approval of the city-county council. If the city-county council fails to approve a nominated individual on 2 separate occasions, the individual is barred from further consideration for the position (Sec. 11.b).

• Specifies if a local order addresses any aspect of a declared emergency addressed by executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order (Sec. 13.d).

• Requires the recipient of the enforcement action to file an appeal of the enforcement action with the city-county council no later than 7 days from the issuance of the enforcement action. Upon the proper filing of an appeal under this law by a recipient, the city-county council may stay the enforcement action until the final disposition of the appeal (Sec. 14.b).

• Specifies the following apply unless the city-county council has, no later than 15 days after the filing of the appeal, placed the appeal on the agenda for a meeting of the city-county council (Sec. 14.e):

• The appeal is considered denied;

• The city-county council shall inform the person that filed the appeal in writing that the appeal will not be heard and is considered denied; and

• The considered denial of the appeal is a final disposition of the appeal.

Full Bill Text

Vetoed by Governor Eric Holcomb