1     
EMERGENCY ORDER AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ralph Okerlund

5     
House Sponsor: Don L. Ipson

6     

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:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53-2a-209, as renumbered and amended by Laws of Utah 2013, Chapter 295
22     

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 [herein] in this section, shall have
31     the full force and effect of law during the state of emergency[, when a copy of the order, rule,
32     or regulation is filed with:].
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.
38          [(2)] (3) The governor may suspend the provisions of any order, rule, or regulation of
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
41     disaster.
42          [(3)] (4) (a) Except as provided in Subsection [(3)] (4)(b) and subject to Subsections
43     [(3)] (4)(c) and (d), the governor may by executive order suspend the enforcement of a statute
44     if:
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 [(3)] (4)(a)(i);
48     and
49          (B) necessary to address the state of emergency described in Subsection [(3)] (4)(a)(i);
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 [(3)] (4)(a)(i); and
53          (II) necessary to address the state of emergency described in Subsection [(3)] (4)(a)(i);
54     and
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 [written] notice of the suspension of the enforcement of the
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 [53-2a-214] 53-2a-210.
61          (b) (i) Except as provided in Subsection [(3)] (4)(b)(ii), the governor may not suspend
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 [(3)] (4)(a) are met.
66          (c) A suspension described in this Subsection [(3)] (4) terminates no later than the date
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 [(3)] (4)(a)(v) using the best
71     available method under the circumstances as determined by the governor; [and]
72          (ii) may provide the notice required by Subsection [(3)] (4)(a)(v) in electronic
73     format[.]; and
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.