Committee backs bill giving Legislature power to terminate public-health emergency declarations

Representative Miller presented the proposed committee substitute (PCS) for HB 1399, which would give the Legislature the authority to terminate or refuse to extend a state of public-health emergency declared by the state health officer in consultation with the governor.

Representative Black asked a procedural question about what would happen if the emergency itself precluded the Legislature from meeting to grant an extension. Miller said that question had arisen during his consultations with members and that he was “working with staff to figure out how we can close that problem” before the bill’s next committee stop, noting the Legislature should not be required to meet during an ongoing public-health emergency.

There were no amendments and public testimony was limited to a single witness who waived support; after brief proceedings the committee reported PCS for HB 1399 favorably, 16 yeas, 0 nays.

Why it matters: The PCS would move authority to end or refuse to extend a declared public-health emergency to the legislative branch, a change supporters argue rebalances emergency powers; the sponsor acknowledged a procedural gap about how the Legislature would act if unable to meet during an emergency and said he will work with staff to resolve that issue.

The PCS was reported favorably and will advance in the legislative process.