7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code regarding the Emergency Management Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ makes technical corrections to the Emergency Management Act regarding
13 notification that the governor is required to provide to the Legislature when the
14 governor suspends the enforcement of a statute during a declared disaster.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 53-2a-209, as renumbered and amended by Laws of Utah 2013, Chapter 295
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53-2a-209 is amended to read:
25 53-2a-209. Orders, rules, and regulations having force of law -- Filing
26 requirements -- Suspension of state agency rules -- Suspension of enforcement of certain
27 statutes during a state of emergency.
28 (1) All orders, rules, and regulations promulgated by the governor, a municipality, a
29 county, or other agency authorized by this part to make orders, rules, and regulations, not in
30 conflict with existing laws except as specifically provided [
31 the full force and effect of law during the state of emergency[
33 (2) A copy of the order, rule, or regulation promulgated under Subsection (1) shall be
34 filed as soon as practicable with:
35 (a) the Division of Administrative Rules, if issued by the governor or a state agency; or
36 (b) the office of the clerk of the municipality or county, if issued by the chief executive
37 officer of a municipality or county.
39 any state agency, if the strict compliance with the provisions of the order, rule, or regulation
40 would substantially prevent, hinder, or delay necessary action in coping with the emergency or
45 (i) the governor declares a state of emergency in accordance with Section 53-2a-206;
46 (ii) the governor determines that suspending the enforcement of the statute is:
47 (A) directly related to the state of emergency described in Subsection [
49 (B) necessary to address the state of emergency described in Subsection [
50 (iii) the executive order:
51 (A) describes how the suspension of the enforcement of the statute is:
52 (I) directly related to the state of emergency described in Subsection [
53 (II) necessary to address the state of emergency described in Subsection [
55 (B) provides the citation of the statute that is the subject of suspended enforcement;
56 (iv) the governor acts in good faith;
57 (v) the governor provides [
58 statute to the speaker of the House of Representatives and the president of the Senate no later
59 than 24 hours after suspending the enforcement of the statute; and
60 (vi) the governor makes the report required by Section [
61 (b) (i) Except as provided in Subsection [
62 the enforcement of a criminal penalty created in statute.
63 (ii) The governor may suspend the enforcement of a misdemeanor or infraction if:
64 (A) the misdemeanor or infraction relates to food, health, or transportation; and
65 (B) the requirements of Subsection [
66 (c) A suspension described in this Subsection [
67 the governor terminates the state of emergency in accordance with Section 53-2a-206 to which
68 the suspension relates.
69 (d) The governor:
70 (i) shall provide the notice required by Subsection [
71 available method under the circumstances as determined by the governor; [
72 (ii) may provide the notice required by Subsection [
74 (iii) shall provide the notice in written form, if practicable.
75 (e) If circumstances prevent the governor from providing notice to the speaker of the
76 House of Representatives or the president of the Senate, notice shall be provided in the best
77 available method to the presiding member of the respective body as is reasonable.