Public health emergency; emergency orders and regulations, limitations. (HB5023)

Introduced By

Del. Kathy Byron (R-Lynchburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Public health emergency; emergency orders and regulations; limitations. Provides that any emergency order or regulation adopted by the Board of Health shall be valid for no more than 45 days and that such order may be extended by the Board for a subsequent period of 45 days, provided that the Board provides notice and receives public comment on the order or regulation proposed to be extended, but that in no case shall such emergency order or regulation be valid for more than 18 months from the effective date of the initial order or regulation. The bill also provides that in any case in which the Commissioner of Health exercises the authority of the Board to enact an emergency order or regulation, such order or regulation shall be valid for no more than 45 days from the effective date of the order or regulation unless the Board adopts an order or regulation to such effect. The bill also limits the duration of an emergency temporary standard adopted by the Safety and Health Codes Board to 45 days and provides for an extension of such emergency temporary standard for a subsequent period of 45 days, provided that the Board provides notice and receives public comment on the emergency temporary standard proposed to be extended. However, no emergency temporary order shall be valid for a period of more than six months. The bill also limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance and provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
08/17/2020Prefiled and ordered printed; offered 08/18/20 20200470D
08/17/2020Committee
08/17/2020Referred to Committee on Health, Welfare and Institutions
08/25/2020Impact statement from DPB (HB5023)
08/25/2020Tabled in Health, Welfare and Institutions (13-Y 9-N) (see vote tally)

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