Should you take your mask off during a traffic stop? NC debates changing 1953 mask ban

State lawmakers are looking to update a 67-year-old state law that bans masks in public, but they could put some restrictions on when to take off the face mask.

Face mask restrictions, unclaimed dead bodies and Department of Transportation cash reserve requirements were among the topics Thursday as a House committee approved a wide-ranging 37-page draft bill to help state government handle the coronavirus crisis.

The House COVID-19 committee’s “continuity of government operations” group finalized its recommendations for the legislative session that starts Tuesday, making several tweaks to the draft bill.

Most of the provisions in the bill would be in effect through Aug. 1, but House Majority Leader John Bell, R-Wayne, said that date could later be extended if the measures are still needed in late summer.

One provision would add an exemption to an obscure state law banning masks in public, to ensure that it’s legal for people to wear a mask “for the purpose of ensuring the physical health or safety of the wearer or others.”

Coronavirus has prompted recommendations, and in some cases mandates, to wear masks in stores and other public places.

The 1953 law was likely enacted to curb Ku Klux Klan activity — it also addresses secret societies — and while it has exceptions for “masquerade balls” and “gas masks for civil defense drills,” there’s no mention of pandemic protections.

The draft bill would require people to take off their mask during traffic stops or if they’re approached by a law enforcement officer. Rep. Pricey Harrison, D-Guilford, said that rule is problematic. “It’s still a concern because people are wearing these masks because they feel like they need to protect their health,” she said.

Also in the bill that the committee approved Thursday:

DOT reserves

An amendment from Rep. John Torbett, R-Gaston, aims to address sharp declines in Department of Transportation revenue from gas tax receipts. It would lower the minimum amount of cash reserves for DOT to $125 million, down from the current requirement that the cash floor equal 7.5% of total appropriations.

Torbett said DOT revenue projections have gotten worse than earlier estimates, with a $45 million loss in April and a $90 million loss in May. The lower cash floor would revert back after a year.

“Will it keep them from going to zero?” Torbett said. “Not unless we take more action in the coming weeks.”

Unclaimed dead bodies

The bill contains a provision that addresses a rise in deaths due to coronavirus. It would allow the medical examiner to cremate a dead body if no friends or family members have claimed the body within 10 days of the death.

Rep. Jamie Boles, R-Moore and a funeral service owner, said medical examiners sought similar legislation previously but “with COVID we anticipate it being more of an issue.” One committee member wondered if the state should require someone to “say words” over the body before cremation.

Open meetings

Rules for remote meetings by government boards are also in the bill, and they got a final tweak Thursday. The bill would allow for boards, including city councils and county commissions, to meet remotely as long as the public can access video and/or audio — and as long as the speakers are clearly identified and documents being considered are available to the public.

All votes must be roll call votes, and comments for public hearings can be submitted in writing. An amendment from Harrison would require a dial-in phone option be available for people who don’t have internet access.

This story was originally published April 25, 2020 at 11:02 AM with the headline "Should you take your mask off during a traffic stop? NC debates changing 1953 mask ban."