From the Office of Eric Bassler, State Senator – District 39:
“This week, my colleagues and I voted to override the governor’s veto of Senate Enrolled Act 5, which deals with local health orders during declared emergencies, resulting in this legislation becoming law,” Senator Eric Bassler said in a statement.
SEA 5 makes two important changes that give local elected officials more say over health orders.
First, it requires any local health order issued in response to a declared emergency to be approved by the local elected legislative body if the local order goes further than a statewide executive order.
Second, it allows anyone who is subject to a local health department’s enforcement action to appeal their case to the local elected legislative body if the health department’s action was taken in response to a declared emergency.
The emergency situations covered by SEA 5 do not refer to one-off situations like a restaurant inspection discovering unsanitary conditions. In those cases, health departments will still be able to take immediate action just as they always have. SEA 5 specifically addresses health orders that arise after a local government declares a community-wide emergency.
During the COVID-19 pandemic, local health officers have stepped up and made tough decisions to protect their communities, and many have done a great job. However, the reality is these health officers were appointed, not elected. I supported SEA 5 because I think it reflects a fundamental principle of American government — decisions that affect an entire community should be made by the officials elected to lead that community.