1     
PANDEMIC EMERGENCY POWERS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the termination of emergency powers and public health emergency
10     powers related to COVID-19 upon reaching a certain threshold of vaccination and
11     recovery.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides for the termination of emergency powers and public health emergency
15     powers related to COVID-19 upon reaching the threshold of a total of 1,700,000
16     people in the state that have either:
17               •     received the first dose of the COVID-19 vaccine; or
18               •     contracted COVID-19 and recovered.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63I-2-226, as last amended by Laws of Utah 2020, Chapters 154, 187, 215, and 354
26          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
27     ENACTS:
28          26-6-33, Utah Code Annotated 1953
29          26A-1-130, Utah Code Annotated 1953
30          53-2a-218, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 26-6-33 is enacted to read:
34          26-6-33. Termination of public health emergency powers pertaining to COVID-19.
35          (1) As used in this section:
36          (a) "COVID-19" means:
37          (i) severe acute respiratory syndrome coronavirus 2; or
38          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
39          (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
40     Organization declared a pandemic on March 11, 2020.
41          (2) All public health emergency powers described in this title are suspended and
42     restricted as pertaining to any response to COVID-19 and the COVID-19 emergency on the day
43     on which the sum of the numbers below equals at least 1,700,000 people:
44          (a) the total number of people in the state who have contracted COVID-19 and
45     recovered, as reported by the department; and
46          (b) the total number of people in the state who have received the first dose of the
47     COVID-19 vaccine, as reported by the department.
48          (3) This section is repealed on July 1, 2024.
49          Section 2. Section 26A-1-130 is enacted to read:
50          26A-1-130. Termination of local public health emergency powers pertaining to
51     COVID-19.
52          (1) As used in this section:
53          (a) "COVID-19" means:
54          (i) severe acute respiratory syndrome coronavirus 2; or
55          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
56          (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
57     Organization declared a pandemic on March 11, 2020.
58          (2) All public health emergency powers described in this title are suspended and
59     restricted as pertaining to any response to COVID-19 and the COVID-19 emergency on the day
60     on which the sum of the numbers below equals at least 1,700,000 people:
61          (a) the total number of people in the state who have contracted COVID-19 and
62     recovered, as reported by the department; and
63          (b) the total number of people in the state who have received the first dose of the
64     COVID-19 vaccine, as reported by the department.
65          (3) This section is repealed on July 1, 2024.
66          Section 3. Section 53-2a-218 is enacted to read:
67          53-2a-218. Termination of emergency powers pertaining to COVID-19.
68          (1) As used in this section:
69          (a) "COVID-19" means:
70          (i) severe acute respiratory syndrome coronavirus 2; or
71          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
72          (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
73     Organization declared a pandemic on March 11, 2020.
74          (2) All emergency powers described in this title are suspended and restricted as
75     pertaining to response to COVID-19 and the COVID-19 emergency on the day on which the sum
76     of the numbers below equals at least 1,700,000 people:
77          (a) the total number of people in the state who have contracted COVID-19 and
78     recovered, as reported by the department; and
79          (b) the total number of people in the state who have received the first dose of the
80     COVID-19 vaccine, as reported by the department.
81          (3) This section is repealed on July 1, 2024.
82          Section 4. Section 63I-2-226 is amended to read:
83          63I-2-226. Repeal dates, Title 26.
84          (1) Subsection 26-1-7(1)(c), in relation to the Air Ambulance Committee, is repealed
85     July 1, 2024.
86          (2) Section 26-6-33, in relation to termination of public health emergency powers
87     pertaining to COVID-19, is repealed on July 1, 2024.
88          [(2)] (3) Subsection 26-7-8(3) is repealed January 1, 2027.
89          [(3)] (4) Section 26-8a-107 is repealed July 1, 2024.
90          [(4)] (5) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
91          [(5)] (6) Section 26-8a-211 is repealed July 1, 2023.
92          [(6)] (7) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
93     26-8a-602(1)(a) is amended to read:
94          "(a) provide the patient or the patient's representative with the following information
95     before contacting an air medical transport provider:
96          (i) which health insurers in the state the air medical transport provider contracts with;
97          (ii) if sufficient data is available, the average charge for air medical transport services
98     for a patient who is uninsured or out of network; and
99          (iii) whether the air medical transport provider balance bills a patient for any charge not
100     paid by the patient's health insurer; and".
101          [(7)] (8) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
102          [(8)] (9) Subsection 26-18-411(8), related to reporting on the health coverage
103     improvement program, is repealed January 1, 2023.
104          [(9)] (10) Subsection 26-18-420(5), related to reporting on coverage for in vitro
105     fertilization and genetic testing, is repealed July 1, 2030.
106          [(10)] (11) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
107          [(11)] (12) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
108     26-21-32(1)(a) is amended to read:
109          "(a) provide the patient or the patient's representative with the following information
110     before contacting an air medical transport provider:
111          (i) which health insurers in the state the air medical transport provider contracts with;
112          (ii) if sufficient data is available, the average charge for air medical transport services
113     for a patient who is uninsured or out of network; and
114          (iii) whether the air medical transport provider balance bills a patient for any charge not
115     paid by the patient's health insurer; and".
116          [(12)] (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
117          [(13)] (14) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
118     Program, is repealed July 1, 2027.
119          [(14)] (15) Subsection 26-55-107(8) is repealed January 1, 2021.
120          [(15)] (16) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
121          [(16)] (17) Subsection 26-61-202(5) is repealed January 1, 2022.
122          (18) Section 26A-1-130, in relation to termination of public health emergency powers
123     pertaining to COVID-19, is repealed on July 1, 2024.
124          Section 5. Section 63I-2-253 is amended to read:
125          63I-2-253. Repeal dates -- Titles 53 through 53G.
126          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
127     emergency, is repealed on December 31, 2021.
128          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
129     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make necessary
130     changes to subsection numbering and cross references.
131          (2) Section 53-2a-218, in relation to termination of emergency powers pertaining to
132     COVID-19, is repealed on July 1, 2024.
133          [(2)] (3) Section 53B-2a-103 is repealed July 1, 2021.
134          [(3)] (4) Section 53B-2a-104 is repealed July 1, 2021.
135          [(4)] (5) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
136     technical college board of trustees, is repealed July 1, 2022.
137          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
138     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make necessary
139     changes to subsection numbering and cross references.
140          [(5)] (6) Section 53B-6-105.7 is repealed July 1, 2024.
141          [(6)] (7) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
142     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
143          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
144     change in performance with the technical college's average performance, is repealed July 1,
145     2021.
146          [(7)] (8) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as
147     provided in Subsection (3)(b)," is repealed July 1, 2021.
148          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
149     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
150          [(8)] (9) Section 53B-8-114 is repealed July 1, 2024.
151          [(9)] (10) (a) The following sections, regarding the Regents' scholarship program, are
152     repealed on July 1, 2023:
153          (i) Section 53B-8-202;
154          (ii) Section 53B-8-203;
155          (iii) Section 53B-8-204; and
156          (iv) Section 53B-8-205.
157          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
158     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
159          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
160     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make necessary
161     changes to subsection numbering and cross references.
162          [(10)] (11) Section 53B-10-101 is repealed on July 1, 2027.
163          [(11)] (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
164     is repealed July 1, 2023.
165          [(12)] (13) Section 53E-3-519 regarding school counselor services is repealed July 1,
166     2020.
167          [(13)] (14) Section 53E-3-520 is repealed July 1, 2021.
168          [(14)] (15) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school
169     performance and continued funding relating to the School Recognition and Reward Program, is
170     repealed July 1, 2020.
171          [(15)] (16) Section 53E-5-307 is repealed July 1, 2020.
172          [(16)] (17) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
173     July 1, 2024.
174          [(17)] (18) In Subsections 53F-2-205(4) and (5), regarding the State Board of
175     Education's duties if contributions from the minimum basic tax rate are overestimated or
176     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
177     2023.
178          [(18)] (19) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
179     repealed July 1, 2023.
180          [(19)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
181     applicable" is repealed July 1, 2023.
182          [(20)] (21) Section 53F-4-207 is repealed July 1, 2022.
183          [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
184     applicable" is repealed July 1, 2023.
185          [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
186     applicable" is repealed July 1, 2023.
187          [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
188     applicable" is repealed July 1, 2023.
189          [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
190     as applicable" is repealed July 1, 2023.
191          [(25)] (26) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
192     related to the civics engagement pilot program, are repealed on July 1, 2023.
193          [(26)] (27) On July 1, 2023, when making changes in this section, the Office of
194     Legislative Research and General Counsel shall, in addition to the office's authority under
195     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
196     identified in this section are complete sentences and accurately reflect the office's perception of
197     the Legislature's intent.