The Arkansas Senate on Thursday approved a bill aimed at bolstering legislative input and influence over the governor's declarations of public-health emergencies and the state Department of Health's directives.
The Senate's 27-4 vote sent Senate Bill 379 by Sen. Kim Hammer, R-Benton, to the House for further consideration.
Under current law, the Legislature can terminate a governor's emergency declaration through a concurrent resolution.
SB379 would allow the Senate president pro tempore or a majority of the 35 senators to call the Senate together to act on a resolution terminating an emergency. It also would allow the House to be called into a meeting by the speaker or a majority of the 100 representatives to also consider such a resolution. If the governor vetoes such a resolution, a majority vote in both chambers could override that veto, under the bill.
The bill would set a minimum threshold for what constitutes a statewide declaration of emergency related to public health as either including at least 19 of the 75 counties or equal to at least 25% of the state's population.
SB379 would direct the House and Senate to each meet in a "committee of the whole" within eight business days of the declaration of a statewide public health emergency to vote on a resolution terminating the emergency.
The Legislative Council also would have the ability to reject extension of an emergency beyond 60 days under the legislation.
Sen. Joyce Elliott, D-Little Rock, said she worries about "chaos" resulting if the governor declares a public health emergency and the council rejected that declaration amid disagreements about science.
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In response, Hammer said, "Having sat through multiple public health [committee] meetings and hearing testimony that's in conflict, I think that it is important that we as the legislative branch be inserted into the decision.
"Whether we agree or disagree is one subject matter," he said. "The fact that we have been locked out of those decisions is what this bill is intended to [remedy], and if there is good science, I would hope the majority of those who would listen to it, would agree."
Elliott said there is not agreement among people about what good science is.
The bill also would require that executive orders issued under the emergency declaration be reviewed by the Legislative Council, which could terminate them with a majority vote. Health Department directives could be terminated by the council's Executive Subcommittee.
On Wednesday, Gov. Asa Hutchinson told reporters that if the Legislature sends him the bill as it is now, he'll sign it into law.
In a 33-0 vote, the Senate on Thursday also approved Senate Bill 378 by Hammer. SB 378 would allow the Legislative Council or Joint Budget Committee to request the state's chief fiscal officer to submit a plan for the distribution and use of unanticipated discretionary federal funds for emergency management or disaster relief tied to a statewide public health emergency before actual expenditures or obligations are incurred.
The council or the Joint Budget Committee would be required to review the plan within 30 days of the submission of the plan.