7 LONG TITLE
8 General Description:
9 This bill requires the governor to notify certain legislative branch members in response
10 to an epidemic or pandemic disease emergency.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ makes legislative findings;
15 ▸ requires the governor to provide notice to certain legislative branch officers before
16 issuing a declaration of a state of emergency or making other executive orders or
17 actions in response to an epidemic or pandemic disease;
18 ▸ provides an exemption to the notice requirement if there is an imminent threat of
19 serious injury, loss of life, or harm to property;
20 ▸ prohibits the governor from suspending the enforcement or application of certain
21 provisions; and
22 ▸ allows the Legislature to terminate by joint resolution certain executive actions
23 during a state of emergency under certain circumstances.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
27 This bill provides a special effective date.
28 Utah Code Sections Affected:
30 53-2a-215, Utah Code Annotated 1953
31 53-2a-216, Utah Code Annotated 1953
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53-2a-215 is enacted to read:
35 53-2a-215. Requirements for an epidemic or pandemic disease emergency
36 response -- Notice.
37 (1) As used in this section:
38 (a) "Epidemic or pandemic disease" means the same as that term is defined in Section
40 (b) "Executive action" means any of the following actions in response to an epidemic
41 or pandemic disease:
42 (i) a declaration of a state of emergency as described in Section 53-2a-206;
43 (ii) an order, a rule, or a regulation made by the governor as described in Section
45 (iii) an action by the governor to suspend or modify a statute as described in Subsection
46 53-2a-204(1)(j); or
47 (iv) an action by the governor to suspend the enforcement of a statute as described in
48 Subsection 53-2a-209(4).
49 (c) "Legislative pandemic response team" means:
50 (i) the speaker of the House of Representatives;
51 (ii) the president of the Senate;
52 (iii) the minority leader of the House of Representatives; and
53 (iv) the minority leader of the Senate.
54 (2) The Legislature finds and acknowledges that existing and increasing threats of the
55 occurrence of an epidemic or pandemic disease emergency could greatly affect the health,
56 safety, and welfare of the people of this state, and subject to provisions of this section, the
57 Legislature recognizes the important role of the governor to respond to an epidemic or
58 pandemic disease emergency through executive action.
59 (3) (a) (i) Except as provided in Subsection (4), and in accordance with Subsection
60 (3)(b), the governor may not take an executive action in response to an epidemic or pandemic
61 disease until the governor has provided notice of the proposed action to the legislative
62 pandemic response team no later than 24 hours before the governor issues the executive action.
63 (ii) The governor:
64 (A) shall provide the notice required by Subsection (3)(a)(i) using the best available
65 method under the circumstances as determined by the governor;
66 (B) may provide the notice required by Subsection (3)(a)(i) in electronic format; and
67 (C) shall provide the notice in written form, if practicable.
68 (b) Except for any conflicting provision in this section, the governor shall comply with
69 the requirements of this chapter to take an executive action.
70 (c) If the governor takes executive action in response to an epidemic or pandemic
71 disease as described in this Subsection (3), the governor is not required to provide:
72 (i) the notice described in Subsection 53-2a-209(4)(a)(v); or
73 (ii) the report described in Section 53-2a-210.
74 (4) (a) The governor may take executive action in response to an epidemic or pandemic
75 disease without complying with Subsection (3) only if the governor finds that:
76 (i) there is an imminent threat of serious bodily injury, loss of life, or substantial harm
77 to property; and
78 (ii) compliance with Subsection (3) would increase the threat of serious bodily injury,
79 loss of life, or substantial harm to property.
80 (b) If the governor takes executive action in response to an epidemic or pandemic
81 emergency without complying with the requirements of Subsection (3)(a), the governor shall
82 provide in the executive action an explanation why the requirements of Subsection (3)(a) were
83 not met.
84 (5) This section supersedes any conflicting provisions of Utah law.
85 (6) Notwithstanding any other provision of law, the governor may not suspend the
86 application or enforcement of this section.
87 Section 2. Section 53-2a-216 is enacted to read:
88 53-2a-216. Termination of an executive action or directive.
89 (1) The Legislature may at any time terminate by joint resolution:
90 (a) an order, a rule, or a regulation made by the governor as described in Section
92 (b) an action by the governor to suspend the enforcement of a statute as described in
93 Subsection 53-2a-209(4); or
94 (c) an executive action as described in Section 53-2a-215.
95 (2) Notwithstanding any other provision of law, the governor may not suspend the
96 application or enforcement of this section.
97 Section 3. Effective date.
98 If approved by two-thirds of all the members elected to each house, this bill takes effect
99 upon approval by the governor, or the day following the constitutional time limit of Utah
100 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
101 the date of veto override.