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     Cosponsors:
7     Cheryl K. Acton
8     Carl R. Albrecht
9     Melissa G. Ballard
10     Stewart E. Barlow
11     Walt Brooks
12     Scott H. Chew
13     Matthew H. Gwynn
Stephen G. Handy
Dan N. Johnson
Marsha Judkins
Karianne Lisonbee
Kelly B. Miles
Merrill F. Nelson
Candice B. Pierucci
Adam Robertson
Douglas V. Sagers
Rex P. Shipp
V. Lowry Snow
Keven J. Stratton
Christine F. Watkins

14     

15     LONG TITLE
16     General Description:
17          This bill provides for the termination of emergency powers and certain public health
18     orders related to COVID-19 upon reaching certain thresholds of positivity rates,
19     vaccination, and other criteria.
20     Highlighted Provisions:
21          This bill:
22          ▸     provides for the termination of certain emergency powers and public health orders
23     related to COVID-19 upon reaching certain thresholds of positivity rates, case rates,
24     intensive care facility capacities, and vaccine doses;
25          ▸     allows health and safety measures in a K-12 school under certain circumstances;
26          ▸     allows a local health department, with approval from the county legislative body, to
27     take certain health and safety measures;
28          ▸     allows a public health emergency declared by the Department of Health or a local
29     health department to remain in effect;
30          ▸     allows the governor and the Department of Health to issue a public health order
31     related to the distribution of COVID-19 vaccines;
32          ▸     provides an automatic repeal date; and
33          ▸     makes technical changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          This bill provides a special effective date.
38     Utah Code Sections Affected:
39     AMENDS:
40          63I-2-226, as last amended by Laws of Utah 2020, Chapters 154, 187, 215, and 354
41          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
42     ENACTS:
43          26-6-33, Utah Code Annotated 1953
44          26A-1-130, Utah Code Annotated 1953
45          53-2a-218, Utah Code Annotated 1953
46     

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