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House Bill 1354

Introduced House Bill (H)

DIGEST

Emergency powers. Provides that in the event of a disaster emergency, an emergency order issued by a state agency must be narrowly tailored to serve a compelling public health or safety interest. Entitles a person to relief if a court determines that the person seeking judicial relief has been prejudiced by an agency action issued during a disaster emergency that has not been: (1) applied equally to a similarly situated person; and (2) narrowly tailored to serve a compelling public health or safety interest. Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be Emergency powers. Provides that in the event of a disaster emergency, an emergency order issued by a state agency must be narrowly tailored to serve a compelling public health or safety interest. Entitles a person to relief if a court determines that the person seeking judicial relief has been prejudiced by an agency action issued during a disaster emergency that has not been: (1) applied equally to a similarly situated person; and (2) narrowly tailored to serve a compelling public health or safety interest. Provides that the orders, rules, and regulations made, amended, or rescinded by the governor must be narrowly tailored to serve a compelling public health or safety interest. Requires any state or local agency, including the state department of health and local boards of health, to only impose a restriction that is narrowly tailored to serve a compelling public health or safety interest. Provides that any order or proclamation declaring, continuing, or terminating a local disaster emergency must be narrowly tailored to serve a compelling public health or safety interest. Provides that: (1) the initial state of disaster emergency may not continue longer than 30 days following the initial date of the declaration; and (2) a state of disaster emergency may not be renewed or extended by the governor without the approval of the general assembly. Provides that if the governor calls a special session, the special session shall be limited only to consideration of the purpose for which the initial state of disaster emergency was declared. ... View more