This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 5, 2021 at 8:36 PM by lpoole.
Representative Paul Ray proposes the following substitute bill:


1     
PANDEMIC EMERGENCY POWERS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the termination of emergency powers and certain public health
10     orders related to COVID-19 upon reaching certain thresholds of positivity rates,
11     vaccination, and other criteria.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides for the termination of certain emergency powers and public health orders
15     related to COVID-19 upon reaching certain thresholds of positivity rates, case rates,
16     intensive care facility capacities, and vaccine doses;
17          ▸     allows health and safety measures in a K-12 school under certain circumstances;
18          ▸     allows a local health department, with approval from the county legislative body, to
19     take certain health and safety measures;
20          ▸     allows a public health emergency declared by the Department of Health or a local
21     health department to remain in effect;
22          ▸     allows the governor and the Department of Health to issue a public health order
23     related to the distribution of COVID-19 vaccines;
24          ▸     provides an automatic repeal date; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          63I-2-226, as last amended by Laws of Utah 2020, Chapters 154, 187, 215, and 354
33          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
34     ENACTS:
35          26-6-33, Utah Code Annotated 1953
36          26A-1-130, Utah Code Annotated 1953
37          53-2a-218, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 26-6-33 is enacted to read:
41          26-6-33. Termination of public health emergency powers pertaining to
42     COVID-19.
43          (1) As used in this section:
44          (a) "COVID-19" means:
45          (i) severe acute respiratory syndrome coronavirus 2; or
46          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
47          (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
48     Organization declared a pandemic on March 11, 2020.
49          (2) Except as provided in Subsections (3), (4), and (5), any public health order in effect
50     pertaining to any response to COVID-19 and the COVID-19 emergency issued pursuant to a
51     public health emergency declared by the Department of Health or a local health department is
52     terminated on the day on which the following thresholds are met:
53          (a) the state's 14-day case rate is less than 191 per 100,000 people;
54          (b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and
55          (c) the Department of Health provides notice that 1,633,000 prime doses of a
56     COVID-19 vaccine have been allocated to the state.
57          (3) (a) Subject to Subsection (3)(b), a public health order issued by the Department of
58     Health issued pursuant to a public health emergency declared by the Department of Health
59     pertaining to response to COVID-19 and the COVID-19 emergency that pertains to public
60     health safety measures in a K-12 school may remain in place.
61          (b) A public health order or health and safety requirement described in Subsection
62     (3)(a) shall be terminated no later than July 1, 2021.
63          (4) (a) Except as provided in Subsection (4)(b) or (c), a public health order issued by
64     the Department of Health pertaining to a statewide mask requirement in response to the
65     COVID-19 emergency is terminated Ŝ→ on April 10, 2021 ←Ŝ .
66          (b) Notwithstanding Subsection (4)(a), but subject to Subsection (4)(d), a public health
67     order pertaining to the wearing of a mask issued by the Department of Health may remain in
68     effect if:
69          (i) the mask requirement pertains only to a gathering of 50 or more people; and
70          (ii) an individual at the gathering of 50 or more people is unable to physically distance
71     at least six feet from another individual who is not a member of the individual's party.
72          (c) Subject to Subsection (4)(d), a local health department, with approval from the
73     relevant county legislative body, may issue a public health order requiring the wearing of a
74     mask.
75          (d) A public health order described in Subsection (4)(b) or (c) is terminated on the date
76     the thresholds described in Subsection (2) are met.
77          (5) Notwithstanding Subsections (2), (3), or (4):
78          (a) a declaration of a public health emergency issued by the Department of Health in
79     response to COVID-19 or the COVID-19 emergency may remain in effect; and
80          (b) the governor and the Department of Health may issue a public health order related
81     to the distribution of COVID-19 vaccines.
82          Section 2. Section 26A-1-130 is enacted to read:
83          26A-1-130. Termination of local public health emergency powers pertaining to
84     COVID-19.
85          (1) As used in this section:
86          (a) "COVID-19" means:
87          (i) severe acute respiratory syndrome coronavirus 2; or
88          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
89          (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
90     Organization declared a pandemic on March 11, 2020.
91          (2) Except as provided in Subsections (3), (4), and (5), any public health order in effect
92     pertaining to any response to COVID-19 and the COVID-19 emergency issued pursuant to a
93     public health emergency declared by the Department of Health or a local health department is
94     terminated on the day on which the following thresholds are met:
95          (a) the state's 14-day case rate is less than 191 per 100,000 people;
96          (b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and
97          (c) the Department of Health provides notice that 1,633,000 prime doses of a
98     COVID-19 vaccine have been allocated to the state.
99          (3) (a) Subject to Subsection (3)(b), a public health order issued by the Department of
100     Health or a local health department issued pursuant to a public health emergency declared by
101     the Department of Health or a local health department pertaining to response to COVID-19 and
102     the COVID-19 emergency that pertains to public health safety measures in a K-12 school may
103     remain in place.
104          (b) A public health order or health and safety requirement described in Subsection
105     (3)(a) shall be terminated no later than July 1, 2021.
106          (4) (a) Except as provided in Subsection (4)(b) or (c), a public health order issued by
107     the Department of Health or a local health department pertaining to a statewide mask
108     requirement in response to the COVID-19 emergency is terminated Ŝ→ on April 10, 2021 ←Ŝ .
109          (b) Notwithstanding Subsection (4)(a), but subject to Subsection (4)(d), a public health
110     order pertaining to the wearing of a mask issued by the Department of Health or a local health
111     department may remain in effect if:
112          (i) the mask requirement pertains only to a gathering of 50 or more people; and
113          (ii) an individual at the gathering of 50 or more people is unable to physically distance
114     at least six feet from another individual who is not a member of the individual's party.
115          (c) Subject to Subsection (4)(d), a local health department, with approval from the
116     relevant county legislative body, may issue a public health order requiring the wearing of a
117     mask.
118          (d) A public health order described in Subsection (4)(b) or (c) is terminated on the date
119     the thresholds described in Subsection (2) are met.
120          (5) Notwithstanding Subsections (2), (3), or (4):
121          (a) a declaration of a public health emergency issued by the Department of Health or a
122     local health department in response to COVID-19 or the COVID-19 emergency may remain in
123     effect; and
124          (b) the governor, the Department of Health, or a local health department may issue a
125     public health order related to the distribution of COVID-19 vaccines.
126          Section 3. Section 53-2a-218 is enacted to read:
127          53-2a-218. Termination of emergency powers pertaining to COVID-19.
128          (1) As used in this section:
129          (a) "COVID-19" means:
130          (i) severe acute respiratory syndrome coronavirus 2; or
131          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
132          (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
133     Organization declared a pandemic on March 11, 2020.
134          (2) Except as provided in Subsections (3), (4), and (5), a state of emergency and any
135     executive order issued pursuant to this part pertaining to any response to COVID-19 and the
136     COVID-19 emergency is terminated on the day on which the following thresholds are met:
137          (a) the state's 14-day case rate is less than 191 per 100,000 people;
138          (b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and
139          (c) the Department of Health provides notice that 1,633,000 prime doses of a
140     COVID-19 vaccine have been allocated to the state.
141          (3) (a) Subject to Subsection (3)(b), a public health order issued by the Department of
142     Health or a local health department issued pursuant to a public health emergency declared by
143     the Department of Health or a local health department pertaining to response to COVID-19 and
144     the COVID-19 emergency that pertains to public health safety measures in a K-12 school may
145     remain in place.
146          (b) A public health order or health and safety requirement described in Subsection
147     (3)(a) shall be terminated no later than July 1, 2021.
148          (4) (a) Except as provided in Subsection (4)(b) or (c), a public health order issued by
149     the Department of Health or a local health department pertaining to a statewide mask
150     requirement in response to the COVID-19 emergency is terminated Ŝ→ on April 10, 2021 ←Ŝ .
151          (b) Notwithstanding Subsection (4)(a), but subject to Subsection (4)(d), a public health
152     order pertaining to the wearing of a mask issued by the Department of Health or a local health
153     department may remain in effect if:
154          (i) the mask requirement pertains only to a gathering of 50 or more people; and
155          (ii) an individual at the gathering of 50 or more people is unable to physically distance
156     at least six feet from another individual who is not a member of the individual's party.
157          (c) Subject to Subsection (4)(d), a local health department, with approval from the
158     relevant county legislative body, may issue a public health order requiring the wearing of a
159     mask.
160          (d) A public health order described in Subsection (4)(b) or (c) is terminated on the date
161     the thresholds described in Subsection (2) are met.
162          (5) Notwithstanding Subsections (2), (3), or (4):
163          (a) a declaration of a public health emergency issued by the Department of Health or a
164     local health department in response to COVID-19 or the COVID-19 emergency may remain in
165     effect; and
166          (b) the governor, the Department of Health, or a local health department may issue a
167     public health order related to the distribution of COVID-19 vaccines.
168          Section 4. Section 63I-2-226 is amended to read:
169          63I-2-226. Repeal dates, Title 26.
170          (1) Subsection 26-1-7(1)(c), in relation to the Air Ambulance Committee, is repealed
171     July 1, 2024.
172          (2) Section 26-6-33, in relation to termination of public health emergency powers
173     pertaining to COVID-19, is repealed on July 1, 2021.
174          [(2)] (3) Subsection 26-7-8(3) is repealed January 1, 2027.
175          [(3)] (4) Section 26-8a-107 is repealed July 1, 2024.
176          [(4)] (5) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
177          [(5)] (6) Section 26-8a-211 is repealed July 1, 2023.
178          [(6)] (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
179     26-8a-602(1)(a) is amended to read:
180          "(a) provide the patient or the patient's representative with the following information
181     before contacting an air medical transport provider:
182          (i) which health insurers in the state the air medical transport provider contracts with;
183          (ii) if sufficient data is available, the average charge for air medical transport services
184     for a patient who is uninsured or out of network; and
185          (iii) whether the air medical transport provider balance bills a patient for any charge
186     not paid by the patient's health insurer; and".
187          [(7)] (8) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
188          [(8)] (9) Subsection 26-18-411(8), related to reporting on the health coverage
189     improvement program, is repealed January 1, 2023.
190          [(9)] (10) Subsection 26-18-420(5), related to reporting on coverage for in vitro
191     fertilization and genetic testing, is repealed July 1, 2030.
192          [(10)] (11) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
193          [(11)] (12) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
194     26-21-32(1)(a) is amended to read:
195          "(a) provide the patient or the patient's representative with the following information
196     before contacting an air medical transport provider:
197          (i) which health insurers in the state the air medical transport provider contracts with;
198          (ii) if sufficient data is available, the average charge for air medical transport services
199     for a patient who is uninsured or out of network; and
200          (iii) whether the air medical transport provider balance bills a patient for any charge
201     not paid by the patient's health insurer; and".
202          [(12)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
203          [(13)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
204     Program, is repealed July 1, 2027.
205          [(14)] (15) Subsection 26-55-107(8) is repealed January 1, 2021.
206          [(15)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
207          [(16)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
208          (18) Section 26A-1-130, in relation to termination of public health emergency powers
209     pertaining to COVID-19, is repealed on July 1, 2021.
210          Section 5. Section 63I-2-253 is amended to read:
211          63I-2-253. Repeal dates -- Titles 53 through 53G.
212          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
213     emergency, is repealed on December 31, 2021.
214          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
215     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
216     necessary changes to subsection numbering and cross references.
217          (2) Section 53-2a-218, in relation to termination of emergency powers pertaining to
218     COVID-19, is repealed on July 1, 2021.
219          [(2)] (3) Section 53B-2a-103 is repealed July 1, 2021.
220          [(3)] (4) Section 53B-2a-104 is repealed July 1, 2021.
221          [(4)] (5) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
222     technical college board of trustees, is repealed July 1, 2022.
223          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
224     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
225     necessary changes to subsection numbering and cross references.
226          [(5)] (6) Section 53B-6-105.7 is repealed July 1, 2024.
227          [(6)] (7) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
228     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
229          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
230     change in performance with the technical college's average performance, is repealed July 1,
231     2021.
232          [(7)] (8) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as
233     provided in Subsection (3)(b)," is repealed July 1, 2021.
234          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
235     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
236          [(8)] (9) Section 53B-8-114 is repealed July 1, 2024.
237          [(9)] (10) (a) The following sections, regarding the Regents' scholarship program, are
238     repealed on July 1, 2023:
239          (i) Section 53B-8-202;
240          (ii) Section 53B-8-203;
241          (iii) Section 53B-8-204; and
242          (iv) Section 53B-8-205.
243          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
244     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
245          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
246     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
247     necessary changes to subsection numbering and cross references.
248          [(10)] (11) Section 53B-10-101 is repealed on July 1, 2027.
249          [(11)] (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
250     is repealed July 1, 2023.
251          [(12)] (13) Section 53E-3-519 regarding school counselor services is repealed July 1,
252     2020.
253          [(13)] (14) Section 53E-3-520 is repealed July 1, 2021.
254          [(14)] (15) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school
255     performance and continued funding relating to the School Recognition and Reward Program, is
256     repealed July 1, 2020.
257          [(15)] (16) Section 53E-5-307 is repealed July 1, 2020.
258          [(16)] (17) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
259     July 1, 2024.
260          [(17)] (18) In Subsections 53F-2-205(4) and (5), regarding the State Board of
261     Education's duties if contributions from the minimum basic tax rate are overestimated or
262     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
263     2023.
264          [(18)] (19) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
265     repealed July 1, 2023.
266          [(19)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
267     applicable" is repealed July 1, 2023.
268          [(20)] (21) Section 53F-4-207 is repealed July 1, 2022.
269          [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
270     applicable" is repealed July 1, 2023.
271          [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
272     applicable" is repealed July 1, 2023.
273          [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
274     applicable" is repealed July 1, 2023.
275          [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
276     as applicable" is repealed July 1, 2023.
277          [(25)] (26) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
278     related to the civics engagement pilot program, are repealed on July 1, 2023.
279          [(26)] (27) On July 1, 2023, when making changes in this section, the Office of
280     Legislative Research and General Counsel shall, in addition to the office's authority under
281     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
282     identified in this section are complete sentences and accurately reflect the office's perception of
283     the Legislature's intent.
284          Section 6. Effective date.
285          If approved by two-thirds of all the members elected to each house, this bill takes effect
286     upon approval by the governor, or the day following the constitutional time limit of Utah
287     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
288     the date of veto override.