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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to emergency powers and public health
10 emergencies.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ limits Department of Health and local health department powers related to public
15 health emergency declarations and orders of constraint by:
16 • limiting the time period for which certain orders or declarations may remain in
17 place;
18 • requiring notification of certain elected officials before taking certain actions;
19 • allowing certain elected officials to terminate public health emergency
20 declarations or orders of constraint; and
21 • prohibiting declaration of a public health emergency after a previous declaration
22 for the same public health emergency expires;
23 ▸ limits emergency powers of the governor and chief executives of local governments
24 by:
25 • prohibiting the declaration of a state of emergency after a previous state of
26 emergency expires, absent exigent circumstances;
27 • clarifying how a declared state of emergency expires or is terminated; and
28 • allowing the Legislature and local legislative bodies to terminate an executive
29 order;
30 ▸ allows the governor to declare a new state of emergency based on the same disaster
31 or occurrence only when exigent circumstances warrant such a declaration;
32 ▸ provides a process for the Legislature to limit certain executive emergency powers
33 during a long-term state emergency;
34 ▸ creates an ad hoc legislative committee to review emergency circumstances that
35 could lead to a long-term state of emergency;
36 ▸ prohibits a restriction of a gathering of a religious institution that is more restrictive
37 than any other public gathering during an emergency;
38 ▸ requires notification from the governor before taking certain executive actions
39 during a long-term state of emergency;
40 ▸ amends provisions related to the Administrative Rules Review Committee,
41 including:
42 • a requirement for certain information about rules made pursuant to emergency
43 rulemaking procedures be provided to the members of the Administrative Rules
44 Review Committee; and
45 • reviews of certain rules, policies, and executive orders made or issued during a
46 state of emergency or public health emergency; and
47 ▸ makes technical changes.
48 Money Appropriated in this Bill:
49 None
50 Other Special Clauses:
51 None
52 Utah Code Sections Affected:
53 AMENDS:
54 26-1-10, as enacted by Laws of Utah 1981, Chapter 126
55 26-1-30, as last amended by Laws of Utah 2019, Chapter 87
56 26-6-2, as last amended by Laws of Utah 2012, Chapter 150
57 26-6-3, as last amended by Laws of Utah 2019, Chapter 349
58 26-6b-3, as last amended by Laws of Utah 2015, Chapter 73
59 26-23-6, as last amended by Laws of Utah 2009, Chapter 347
60 26-23b-102, as last amended by Laws of Utah 2008, Chapter 3
61 26-23b-104, as last amended by Laws of Utah 2011, Chapter 297
62 26-23b-108, as enacted by Laws of Utah 2002, Chapter 155
63 26A-1-102, as last amended by Laws of Utah 2018, Chapter 68
64 26A-1-114, as last amended by Laws of Utah 2011, Chapters 14 and 177
65 26A-1-121, as last amended by Laws of Utah 2012, Chapter 307
66 53-2a-104, as last amended by Laws of Utah 2020, Chapter 85
67 53-2a-203, as last amended by Laws of Utah 2019, Chapter 136
68 53-2a-204, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 7
69 53-2a-205, as renumbered and amended by Laws of Utah 2013, Chapter 295
70 53-2a-206, as renumbered and amended by Laws of Utah 2013, Chapter 295
71 53-2a-208, as last amended by Laws of Utah 2015, Chapter 352
72 53-2a-209, as last amended by Laws of Utah 2016, Chapter 193
73 53-2a-215, as enacted by Laws of Utah 2020, Third Special Session, Chapter 13
74 53-2a-216, as enacted by Laws of Utah 2020, Third Special Session, Chapter 13
75 53-2a-217, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 7
76 53-2a-703, as last amended by Laws of Utah 2018, Chapter 202
77 63G-3-304, as last amended by Laws of Utah 2016, Chapter 193
78 63G-3-501, as last amended by Laws of Utah 2019, Chapter 454
79 63G-3-502, as renumbered and amended by Laws of Utah 2008, Chapter 382
80 ENACTS:
81 53-2a-218, Utah Code Annotated 1953
82 53-2a-219, Utah Code Annotated 1953
83
84 Be it enacted by the Legislature of the state of Utah:
85 Section 1. Section 26-1-10 is amended to read:
86 26-1-10. Executive director -- Enforcement powers.
87 [
88 issue orders to enforce state laws and rules established by the department except where the
89 enforcement power is given to a committee created pursuant to Section 26-1-7.
90 Section 2. Section 26-1-30 is amended to read:
91 26-1-30. Powers and duties of department.
92 [
93 powers and duties, in addition to other powers and duties established in this chapter:
94 (1) enter into cooperative agreements with the Department of Environmental Quality to
95 delineate specific responsibilities to assure that assessment and management of risk to human
96 health from the environment are properly administered;
97 (2) consult with the Department of Environmental Quality and enter into cooperative
98 agreements, as needed, to ensure efficient use of resources and effective response to potential
99 health and safety threats from the environment, and to prevent gaps in protection from potential
100 risks from the environment to specific individuals or population groups;
101 (3) promote and protect the health and wellness of the people within the state;
102 (4) establish, maintain, and enforce rules necessary or desirable to carry out the
103 provisions and purposes of this title to promote and protect the public health or to prevent
104 disease and illness;
105 (5) investigate and control the causes of epidemic, infectious, communicable, and other
106 diseases affecting the public health;
107 (6) provide for the detection, reporting, prevention, and control of communicable,
108 infectious, acute, chronic, or any other disease or health hazard which the department considers
109 to be dangerous, important, or likely to affect the public health;
110 (7) collect and report information on causes of injury, sickness, death, and disability
111 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
112 the state;
113 (8) collect, prepare, publish, and disseminate information to inform the public
114 concerning the health and wellness of the population, specific hazards, and risks that may affect
115 the health and wellness of the population and specific activities which may promote and protect
116 the health and wellness of the population;
117 (9) establish and operate programs necessary or desirable for the promotion or
118 protection of the public health and the control of disease or which may be necessary to
119 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
120 programs may not be established if adequate programs exist in the private sector;
121 (10) establish, maintain, and enforce isolation and quarantine, and for this purpose
122 only, exercise physical control over property and individuals as the department finds necessary
123 for the protection of the public health;
124 (11) close theaters, schools, and other public places and forbid gatherings of people
125 when necessary to protect the public health;
126 (12) abate nuisances when necessary to eliminate sources of filth and infectious and
127 communicable diseases affecting the public health;
128 (13) make necessary sanitary and health investigations and inspections in cooperation
129 with local health departments as to any matters affecting the public health;
130 (14) establish laboratory services necessary to support public health programs and
131 medical services in the state;
132 (15) establish and enforce standards for laboratory services which are provided by any
133 laboratory in the state when the purpose of the services is to protect the public health;
134 (16) cooperate with the Labor Commission to conduct studies of occupational health
135 hazards and occupational diseases arising in and out of employment in industry, and make
136 recommendations for elimination or reduction of the hazards;
137 (17) cooperate with the local health departments, the Department of Corrections, the
138 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
139 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
140 convicted sexual offenders, and any victims of a sexual offense;
141 (18) investigate the causes of maternal and infant mortality;
142 (19) establish, maintain, and enforce a procedure requiring the blood of adult
143 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
144 presence and concentration of alcohol;
145 (20) provide the Commissioner of Public Safety with monthly statistics reflecting the
146 results of the examinations provided for in Subsection (19) and provide safeguards so that
147 information derived from the examinations is not used for a purpose other than the compilation
148 of statistics authorized in this Subsection (20);
149 (21) establish qualifications for individuals permitted to draw blood pursuant to
150 Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or
151 77-23-213(3)(a)(vi), and to issue permits to individuals it finds qualified, which permits may
152 be terminated or revoked by the department;
153 (22) establish a uniform public health program throughout the state which includes
154 continuous service, employment of qualified employees, and a basic program of disease
155 control, vital and health statistics, sanitation, public health nursing, and other preventive health
156 programs necessary or desirable for the protection of public health;
157 (23) adopt rules and enforce minimum sanitary standards for the operation and
158 maintenance of:
159 (a) orphanages;
160 (b) boarding homes;
161 (c) summer camps for children;
162 (d) lodging houses;
163 (e) hotels;
164 (f) restaurants and all other places where food is handled for commercial purposes,
165 sold, or served to the public;
166 (g) tourist and trailer camps;
167 (h) service stations;
168 (i) public conveyances and stations;
169 (j) public and private schools;
170 (k) factories;
171 (l) private sanatoria;
172 (m) barber shops;
173 (n) beauty shops;
174 (o) physician offices;
175 (p) dentist offices;
176 (q) workshops;
177 (r) industrial, labor, or construction camps;
178 (s) recreational resorts and camps;
179 (t) swimming pools, public baths, and bathing beaches;
180 (u) state, county, or municipal institutions, including hospitals and other buildings,
181 centers, and places used for public gatherings; and
182 (v) any other facilities in public buildings or on public grounds;
183 (24) conduct health planning for the state;
184 (25) monitor the costs of health care in the state and foster price competition in the
185 health care delivery system;
186 (26) adopt rules for the licensure of health facilities within the state pursuant to Title
187 26, Chapter 21, Health Care Facility Licensing and Inspection Act;
188 (27) license the provision of child care;
189 (28) accept contributions to and administer the funds contained in the Organ Donation
190 Contribution Fund created in Section 26-18b-101;
191 (29) serve as the collecting agent, on behalf of the state, for the nursing care facility
192 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
193 and adopt rules for the enforcement and administration of the nursing facility assessment
194 consistent with the provisions of Title 26, Chapter 35a, Nursing Care Facility Assessment Act;
195 (30) establish methods or measures for health care providers, public health entities, and
196 health care insurers to coordinate among themselves to verify the identity of the individuals
197 they serve;
198 (31) (a) designate Alzheimer's disease and related dementia as a public health issue
199 and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
200 dementia by incorporating the plan into the department's strategic planning and budgetary
201 process; and
202 (b) coordinate with other state agencies and other organizations to implement the state
203 plan for Alzheimer's disease and related dementia;
204 (32) ensure that any training or certification required of a public official or public
205 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
206 22, State Training and Certification Requirements, if the training or certification is required:
207 (a) under this title;
208 (b) by the department; or
209 (c) by an agency or division within the department; and
210 (33) oversee public education vision screening as described in Section 53G-9-404.
211 Section 3. Section 26-6-2 is amended to read:
212 26-6-2. Definitions.
213 As used in this chapter:
214 (1) "Ambulatory surgical center" is as defined in Section 26-21-2.
215 (2) "Carrier" means an infected individual or animal who harbors a specific infectious
216 agent in the absence of discernible clinical disease and serves as a potential source of infection
217 for man. The carrier state may occur in an individual with an infection that is inapparent
218 throughout its course, commonly known as healthy or asymptomatic carrier, or during the
219 incubation period, convalescence, and postconvalescence of an individual with a clinically
220 recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under
221 either circumstance the carrier state may be of short duration, as a temporary or transient
222 carrier, or long duration, as a chronic carrier.
223 (3) "Communicable disease" means illness due to a specific infectious agent or its toxic
224 products which arises through transmission of that agent or its products from a reservoir to a
225 susceptible host, either directly, as from an infected individual or animal, or indirectly, through
226 an intermediate plant or animal host, vector, or the inanimate environment.
227 (4) "Communicable period" means the time or times during which an infectious agent
228 may be transferred directly or indirectly from an infected individual to another individual, from
229 an infected animal to man, or from an infected man to an animal, including arthropods.
230 (5) "Contact" means an individual or animal having had association with an infected
231 individual, animal, or contaminated environment so as to have had an opportunity to acquire
232 the infection.
233 (6) "End stage renal disease facility" is as defined in Section 26-21-2.
234 (7) "Epidemic" means the occurrence or outbreak in a community or region of cases of
235 an illness clearly in excess of normal expectancy and derived from a common or propagated
236 source. The number of cases indicating an epidemic will vary according to the infectious
237 agent, size, and type of population exposed, previous experience or lack of exposure to the
238 disease, and time and place of occurrence. Epidemicity is considered to be relative to usual
239 frequency of the disease in the same area, among the specified population, at the same season
240 of the year.
241 (8) "General acute hospital" is as defined in Section 26-21-2.
242 (9) "Incubation period" means the time interval between exposure to an infectious
243 agent and appearance of the first sign or symptom of the disease in question.
244 (10) "Infected individual" means an individual who harbors an infectious agent and
245 who has manifest disease or inapparent infection. An infected individual is one from whom the
246 infectious agent can be naturally acquired.
247 (11) "Infection" means the entry and development or multiplication of an infectious
248 agent in the body of man or animals. Infection is not synonymous with infectious disease; the
249 result may be inapparent or manifest. The presence of living infectious agents on exterior
250 surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but
251 contamination of such surfaces and articles.
252 (12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
253 protozoan, or helminth that is capable of producing infection or infectious disease.
254 (13) "Infectious disease" means a disease of man or animals resulting from an
255 infection.
256 (14) "Isolation" means the separation, for the period of communicability, of infected
257 individuals or animals from others, in such places and under such conditions as to prevent the
258 direct or indirect conveyance of the infectious agent from those infected to those who are
259 susceptible or who may spread the agent to others.
260 (15) "Order of constraint" means the same as that term is defined in Section
261 26-23b-102.
262 [
263 animals who have been exposed to a communicable disease during its period of
264 communicability to prevent disease transmission.
265 [
266 unlicensed day care center, child care facility, family care home, headstart program,
267 kindergarten, elementary, or secondary school through grade 12.
268 [
269 sexual intercourse or any other sexual contact.
270 [
271 Section 4. Section 26-6-3 is amended to read:
272 26-6-3. Authority to investigate and control epidemic infections and
273 communicable disease.
274 (1) [
275 authority to investigate and control the causes of epidemic infections and communicable
276 disease, and shall provide for the detection, reporting, prevention, and control of communicable
277 diseases and epidemic infections or any other health hazard which may affect the public health.
278 (2) (a) As part of the requirements of Subsection (1), the department shall distribute to
279 the public and to health care professionals:
280 (i) medically accurate information about sexually transmitted diseases that may cause
281 infertility and sterility if left untreated, including descriptions of:
282 (A) the probable side effects resulting from an untreated sexually transmitted disease,
283 including infertility and sterility;
284 (B) medically accepted treatment for sexually transmitted diseases;
285 (C) the medical risks commonly associated with the medical treatment of sexually
286 transmitted diseases; and
287 (D) suggested screening by a private physician or physician assistant; and
288 (ii) information about:
289 (A) public services and agencies available to assist individuals with obtaining
290 treatment for the sexually transmitted disease;
291 (B) medical assistance benefits that may be available to the individual with the
292 sexually transmitted disease; and
293 (C) abstinence before marriage and fidelity after marriage being the surest prevention
294 of sexually transmitted disease.
295 (b) The information required by Subsection (2)(a):
296 (i) shall be distributed by the department and by local health departments free of
297 charge;
298 (ii) shall be relevant to the geographic location in which the information is distributed
299 by:
300 (A) listing addresses and telephone numbers for public clinics and agencies providing
301 services in the geographic area in which the information is distributed; and
302 (B) providing the information in English as well as other languages that may be
303 appropriate for the geographic area.
304 (c) (i) Except as provided in Subsection (2)(c)(ii), the department shall develop written
305 material that includes the information required by this Subsection (2).
306 (ii) In addition to the written materials required by Subsection (2)(c)(i), the department
307 may distribute the information required by this Subsection (2) by any other methods the
308 department determines is appropriate to educate the public, excluding public schools, including
309 websites, toll free telephone numbers, and the media.
310 (iii) If the information required by Subsection (2)(b)(ii)(A) is not included in the
311 written pamphlet developed by the department, the written material shall include either a
312 website, or a 24-hour toll free telephone number that the public may use to obtain that
313 information.
314 (3) (a) The Legislature may at any time terminate by joint resolution an order of
315 constraint issued by the department as described in this section.
316 (b) A county governing body may at any time terminate by majority vote an order of
317 constraint issued by the relevant local health department as described in this section.
318 Section 5. Section 26-6b-3 is amended to read:
319 26-6b-3. Order of restriction.
320 (1) [
321 location where an individual or a group of individuals who are subject to restriction are found
322 may:
323 (a) issue a written order of restriction for the individual or group of individuals
324 pursuant to Section 26-1-30 or Subsection 26A-1-114(1)(b) upon compliance with the
325 requirements of this chapter; and
326 (b) issue a verbal order of restriction for an individual or group of individuals pursuant
327 to Subsection (2)(c).
328 (2) (a) A department's determination to issue an order of restriction shall be based upon
329 the totality of circumstances reported to and known by the department, including:
330 (i) observation;
331 (ii) information that the department determines is credible and reliable information;
332 and
333 (iii) knowledge of current public health risks based on medically accepted guidelines as
334 may be established by the Department of Health by administrative rule.
335 (b) An order of restriction issued by a department shall:
336 (i) in the opinion of the public health official, be for the shortest reasonable period of
337 time necessary to protect the public health;
338 (ii) use the least intrusive method of restriction that, in the opinion of the department,
339 is reasonable based on the totality of circumstances known to the health department issuing the
340 order of restriction;
341 (iii) be in writing unless the provisions of Subsection (2)(c) apply; and
342 (iv) contain notice of an individual's rights as required in Section 26-6b-3.3.
343 (c) (i) A department may issue a verbal order of restriction, without prior notice to the
344 individual or group of individuals if the delay in imposing a written order of restriction would
345 significantly jeopardize the department's ability to prevent or limit:
346 (A) the transmission of a communicable or possibly communicable disease that poses a
347 threat to public health;
348 (B) the transmission of an infectious agent or possibly infectious agent that poses a
349 threat to public health;
350 (C) the exposure or possible exposure of a chemical or biological agent that poses a
351 threat to public health; or
352 (D) the exposure or transmission of a condition that poses a threat to public health.
353 (ii) A verbal order of restriction issued under the provisions of Subsection (2)(c)(i):
354 (A) is valid for 24 hours from the time the order of restriction is issued;
355 (B) may be verbally communicated to the individuals or group of individuals subject to
356 restriction by a first responder;
357 (C) may be enforced by the first responder until the department is able to establish and
358 maintain the place of restriction; and
359 (D) may only be continued beyond the initial 24 hours if a written order of restriction is
360 issued pursuant to the provisions of Section 26-6b-3.3.
361 (3) Pending issuance of a written order of restriction under Section 26-6b-3.3, or
362 judicial review of an order of restriction by the district court pursuant to Section 26-6b-6, an
363 individual who is subject to the order of restriction may be required to submit to involuntary
364 examination, quarantine, isolation, or treatment in the individual's home, a hospital, or any
365 other suitable facility under reasonable conditions prescribed by the department.
366 (4) The department that issued the order of restriction shall take reasonable measures,
367 including the provision of medical care, as may be necessary to assure proper care related to the
368 reason for the involuntary examination, treatment, isolation, or quarantine of an individual
369 ordered to submit to an order of restriction.
370 (5) (a) The Legislature may at any time terminate by joint resolution an order of
371 restriction issued by the department as described in this section.
372 (b) A county governing body may at any time terminate by majority vote an order of
373 restriction issued by the relevant local health department as described in this section.
374 Section 6. Section 26-23-6 is amended to read:
375 26-23-6. Criminal and civil penalties and liability for violations.
376 (1) (a) Any person, association, or corporation, or the officers of any of them, who
377 violates any provision of this chapter or lawful orders of the department or a local health
378 department in a criminal proceeding is guilty of a class B misdemeanor for the first violation,
379 and for any subsequent similar violation within two years, is guilty of a class A misdemeanor,
380 except this section does not establish the criminal penalty for violation of Section 26-23-5.5.
381 (b) Conviction in a criminal proceeding does not preclude the department or a local
382 health department from assessment of any civil penalty, administrative civil money penalty or
383 to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
384 injunctive or equitable remedies.
385 (2) (a) [
386 An association or corporation that violates any provision of this title or lawful orders of the
387 department or a local health department, or rules adopted under this title by the department:
388 [
389 the sum of $10,000 per violation; or
390 [
391 Chapter 4, Administrative Procedures Act, or similar procedures adopted by local or county
392 government, a penalty not to exceed the sum of $10,000 per violation.
393 (b) An individual who violates any provision of this title or a lawful order of the
394 department or local health department, or rules adopted under this title by the department:
395 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
396 $150 per violation; or
397 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
398 4, Administrative Procedures Act, or similar procedures adopted by a local our county
399 government, a penalty not to exceed the sum of $150 per violation.
400 (c) (i) Upon reasonable cause shown, a court may waive or reduce any of the penalties
401 imposed pursuant to Subsection (2)(a) or (2)(b).
402 (ii) Upon making a record of the department's or local health department's actions, and
403 upon reasonable cause shown, the department or a local health department may waive or
404 reduce any of the penalties imposed pursuant to Subsection (2)(a)(ii) or (2)(b)(ii).
405 (3) Assessment of any civil penalty or administrative penalty does not preclude the
406 department or a local health department from seeking criminal penalties or to deny, revoke,
407 impose conditions on, or refuse to renew a permit, license, or certificate or to seek other
408 injunctive or equitable remedies.
409 (4) In addition to any penalties imposed under Subsection (1), the person, association,
410 or corporation, or the officers of any of them is liable for any expense incurred by the
411 department in removing or abating any health or sanitation violations, including any nuisance,
412 source of filth, cause of sickness, or dead animal.
413 (5) Each day of violation of a provision of this title, lawful orders of the department or
414 a local health department, or rules adopted by the department under it is a separate violation.
415 Section 7. Section 26-23b-102 is amended to read:
416 26-23b-102. Definitions.
417 As used in this chapter:
418 (1) "Bioterrorism" means:
419 (a) the intentional use of any microorganism, virus, infectious substance, or biological
420 product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
421 or another living organism in order to influence, intimidate, or coerce the conduct of
422 government or a civilian population; and
423 (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
424 fevers.
425 (2) "Department" means the Department of Health created in Section 26-1-4 and a
426 local health department as defined in Section 26A-1-102.
427 (3) "Diagnostic information" means a clinical facility's record of individuals who
428 present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
429 final diagnosis, and any pertinent lab results.
430 (4) "Epidemic or pandemic disease":
431 (a) means the occurrence in a community or region of cases of an illness clearly in
432 excess of normal expectancy; and
433 (b) includes diseases designated by the Department of Health which have the potential
434 to cause serious illness or death.
435 (5) "Exigent circumstances" means a significant change in circumstances following the
436 expiration of a public health emergency declared in accordance with this title that:
437 (a) substantially increases the threat to public safety or health relative to the
438 circumstances in existence when the public health emergency expired;
439 (b) poses an imminent threat to public safety or health; and
440 (c) was not known or foreseen and could not have been known or foreseen at the time
441 the public health emergency expired.
442 [
443 as that term is defined in Section 78B-3-403.
444 (7) "Legislative emergency response committee" means the same as that term is
445 defined in Section 53-2a-203.
446 (8) (a) "Order of constraint" means an order, rule, or regulation issued in response to a
447 declared public health emergency under this chapter, that:
448 (i) applies to all or substantially all:
449 (A) individuals or a certain group of individuals; or
450 (B) public places or a certain types of public places; and
451 (ii) for the protection of the public health and in response to the declared public health
452 emergency:
453 (A) establishes, maintains, or enforces isolation or quarantine;
454 (B) establishes, maintains, or enforces a stay-at-home order;
455 (C) exercises physical control over property or individuals; or
456 (D) closes theaters, schools, or other public places or prohibits gatherings of people to
457 protect the public health.
458 (b) "Order of constraint" includes a stay-at-home order.
459 [
460 an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel
461 and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant
462 number of human fatalities or incidents of permanent or long-term disability. Such illness or
463 health condition includes an illness or health condition resulting from a natural disaster.
464 [
465 conditions, or syndromes designated by the [
466 (11) "Stay-at-home order" means an order of constraint that:
467 (a) restricts movement of the general population to suppress or mitigate an epidemic or
468 pandemic disease by directing individuals within a defined geographic area to remain in their
469 respective residences; and
470 (b) may include exceptions for certain essential tasks.
471 Section 8. Section 26-23b-104 is amended to read:
472 26-23b-104. Authorization to report.
473 (1) A health care provider is authorized to report to the department any case of a
474 reportable emergency illness or health condition in any person when:
475 (a) the health care provider knows of a confirmed case; or
476 (b) the health care provider believes, based on the health care provider's professional
477 judgment that a person likely harbors a reportable emergency illness or health condition.
478 (2) A report pursuant to this section shall include, if known:
479 (a) the name of the facility submitting the report;
480 (b) a patient identifier that allows linkage with the patient's record for follow-up
481 investigation if needed;
482 (c) the date and time of visit;
483 (d) the patient's age and sex;
484 (e) the zip code of the patient's residence;
485 (f) the reportable illness or condition detected or suspected;
486 (g) diagnostic information and, if available, diagnostic codes assigned to the visit; and
487 (h) whether the patient was admitted to the hospital.
488 (3) (a) [
489 public health emergency exists, the department may, with the concurrence of the governor and
490 the executive director or in the absence of the executive director, the executive director's
491 designee, issue a public health emergency order and mandate reporting under this section for a
492 limited reasonable period of time, as necessary to respond to the public health emergency.
493 (b) (i) The department may not declare a public health emergency or issue an order of
494 constraint until the department has provided notice of the proposed action to the legislative
495 emergency response committee no later than 24 hours before the department issues the order or
496 declaration.
497 (ii) The department:
498 (A) shall provide the notice required by Subsection (3)(b)(i) using the best available
499 method under the circumstances as determined by the executive director;
500 (B) may provide the notice required by Subsection (3)(b)(i) in electronic format; and
501 (C) shall provide the notice in written form, if practicable.
502 [
503 than 90 days. [
504
505
506 (4) (a) Except as provided in Subsection (4)(b), a public health emergency declared by
507 the department as described in Subsection (3) expires at the earliest of:
508 (i) the day on which the department or the governor finds that the threat or danger has
509 passed or the public health emergency reduced to the extent that emergency conditions no
510 longer exist;
511 (ii) 30 days after the date on which the department declared the public health
512 emergency; or
513 (iii) the day on which the public health emergency is terminated by a joint resolution of
514 the Legislature.
515 (b) (i) The Legislature, by joint resolution, may extend a public health emergency for a
516 time period designated in the joint resolution.
517 (ii) If the Legislature extends a public health emergency as described in Subsection
518 (4)(b)(i), the public health emergency expires on the date designated by the Legislature.
519 (c) Except as provided in Subsection (4)(d), if a public health emergency declared by
520 the department expires as described in Subsection (4)(a) or (b), the department may not declare
521 a public health emergency for the same illness or occurrence that precipitated the previous
522 public health emergency declaration.
523 (d) (i) Notwithstanding Subsection (4)(c), subject to Subsection (4)(e), if the
524 department finds that exigent circumstances exist, after providing notice to the Legislature, the
525 department may declare a new public health emergency for the same illness or occurrence that
526 precipitated a previous public health emergency declaration.
527 (ii) A public health emergency declared as described in Subsection (4)(d)(i) expires in
528 accordance with Subsection (4)(a) or (b).
529 (e) If the Legislature terminates a public health emergency declared due to exigent
530 circumstances as described in Subsection (4)(d)(i), the department may not declare a new
531 public health emergency for the same illness, occurrence, or exigent circumstances.
532 (5) During a declared public health emergency declared under this title:
533 (a) the Legislature may at any time by joint resolution terminate an order of constraint
534 issued by the department or a local health department in response to a public health emergency;
535 and
536 (b) a county legislative body may at any time terminate an order of constraint issued by
537 a local health department in response to a public health emergency.
538 (6) (a) If the department or a local health department declares a public health
539 emergency as described in this chapter, and the department or local health department finds
540 that the public health emergency conditions warrant an extension of the public health
541 emergency beyond the 30-day term or another date designated by the Legislature or county
542 governing body as described in this section, the department or local health department shall
543 provide written notice to the speaker of the House of Representatives and the president of the
544 Senate at least 10 days before the expiration of the public health emergency.
545 (b) If the department or local health department provides notice as described in
546 Subsection (6)(a) for a public health emergency within the first 30 days from the initial
547 declaration of the public health emergency, the speaker of the House of Representatives and the
548 president of the Senate:
549 (i) shall poll the members of their respective bodies to determine whether the
550 Legislature will extend the public health emergency; and
551 (ii) may jointly convene the committee created in Section 53-2a-218.
552 (c) If the department or local health department provides notice as described in
553 Subsection (6)(a) for a public health emergency that has been extended beyond the 30 days
554 from the initial declaration of the public health emergency, the speaker of the House of
555 Representatives and the president of the Senate shall jointly convene the committee created in
556 Section 53-2a-218.
557 (7) If the committee created in Section 53-2a-218 is convened as described in
558 Subsection (6), the committee shall conduct a public meeting to:
559 (a) discuss the nature of the public health emergency and conditions of the public
560 health emergency;
561 (b) evaluate options for public health emergency response;
562 (c) receive testimony from individuals with expertise relevant to the current public
563 health emergency;
564 (d) receive testimony from members of the public; and
565 (e) provide a recommendation to the Legislature whether to extend the public health
566 emergency by joint resolution.
567 (8) (a) During a public health emergency declared as described in this title:
568 (i) except as described in Subsection (8)(b), the department or a local health
569 department may not impose an order of constraint on a religious gathering that is more
570 restrictive than an order of constraint that applies to any other public gathering; and
571 (ii) an individual, while acting or purporting to act within the course and scope of the
572 individual's official department or local health department capacity, may not:
573 (A) prevent a religious gathering that is held in a manner consistent with any order of
574 constraint issued pursuant to this title; or
575 (B) impose a penalty for a previous religious gathering that was held in a manner
576 consistent with any order of constraint issued pursuant to this title.
577 (b) Notwithstanding Subsection (8)(a), during a public health emergency declared as
578 described in this title, the department or a local health department may impose an order of
579 constraint on a religious gathering if an element of the religious practice is demonstrated to
580 create a unique risk that cannot be ameliorated by less-restrictive means.
581 (c) (i) Upon proper grounds, a court of competent jurisdiction may grant an injunction
582 to prevent the violation of this Subsection (8).
583 (ii) A person who violates Subsection (8)(a)(ii) is guilty of a class B misdemeanor.
584 [
585 subject to penalties for failing to submit a report under this section.
586 (b) If the provisions of Subsection (3) apply, a health care provider is subject to the
587 penalties of Subsection 26-23b-103(3) for failure to make a report under this section.
588 Section 9. Section 26-23b-108 is amended to read:
589 26-23b-108. Investigation of suspected bioterrorism and diseases.
590 (1) [
591 (a) ascertain the existence of cases of an illness or condition caused by the factors
592 described in Subsections 26-23b-103(1) and 26-23b-104(1);
593 (b) investigate all such cases for sources of infection or exposure;
594 (c) ensure that any cases, suspected cases, and exposed persons are subject to proper
595 control measures; and
596 (d) define the distribution of the suspected illness or health condition.
597 (2) (a) Acting on information received from the reports required by this chapter, or
598 other reliable information, the department shall identify all individuals thought to have been
599 exposed to an illness or condition described in Subsection 26-23b-103(1).
600 (b) The department may request information from a health care provider concerning an
601 individual's identifying information as described in Subsection 26-23b-103(2)(b) when:
602 (i) the department is investigating a potential illness or condition described in
603 Subsection 26-23b-103(1) and the health care provider has not submitted a report to the
604 department with the information requested; or
605 (ii) the department has received a report from a pharmacist under Section 26-23b-105,
606 a medical laboratory under Section 26-23b-106, or another health care provider under
607 Subsection 26-23b-104(1) and the department believes that further investigation is necessary to
608 protect the public health.
609 (c) A health care provider shall submit the information requested under this section to
610 the department within 24 hours after receiving a request from the department.
611 (3) The department shall counsel and interview identified individuals as appropriate to:
612 (a) assist in the positive identification of other cases and exposed individuals;
613 (b) develop information relating to the source and spread of the illness or condition;
614 and
615 (c) obtain the names, addresses, phone numbers, or other identifying information of
616 any other person from whom the illness or health condition may have been contracted and to
617 whom the illness or condition may have spread.
618 (4) The department shall, for examination purposes, close, evacuate, or decontaminate
619 any facility when the department reasonably believes that such facility or material may
620 endanger the public health due to a condition or illness described in Subsection 26-23b-103(1).
621 (5) The department will destroy personally identifying health information about an
622 individual collected by the department as a result of a report under this chapter upon the earlier
623 of:
624 (a) the department's determination that the information is no longer necessary to carry
625 out an investigation under this chapter; or
626 (b) 180 days after the information is collected.
627 (6) (a) The Legislature may at any time terminate by joint resolution an order of
628 constraint issued by the department in response to a public health emergency.
629 (b) A county governing body may at any time terminate by majority vote an order of
630 constraint issued by the relevant local health department in response to a public health
631 emergency.
632 Section 10. Section 26A-1-102 is amended to read:
633 26A-1-102. Definitions.
634 As used in this part:
635 (1) "Board" means a local board of health established under Section 26A-1-109.
636 (2) "County governing body" means one of the types of county government provided
637 for in Title 17, Chapter 52a, Part 2, Forms of County Government.
638 (3) "County health department" means a local health department that serves a county
639 and municipalities located within that county.
640 (4) "Department" means the Department of Health created in Title 26, Chapter 1,
641 Department of Health Organization.
642 (5) "Local health department" means:
643 (a) a single county local health department;
644 (b) a multicounty local health department;
645 (c) a united local health department; or
646 (d) a multicounty united local health department.
647 (6) "Mental health authority" means a local mental health authority created in Section
648 17-43-301.
649 (7) "Multicounty local health department" means a local health department that is
650 formed under Section 26A-1-105 and that serves two or more contiguous counties and
651 municipalities within those counties.
652 (8) "Multicounty united local health department" means a united local health
653 department that is formed under Section 26A-1-105.5 and that serves two or more contiguous
654 counties and municipalities within those counties.
655 (9) (a) "Order of constraint" means an order, rule, or regulation issued by a local health
656 department in response to a declared public health emergency under this chapter that:
657 (i) applies to all or substantially all:
658 (A) individuals or a certain group of individuals; or
659 (B) public places or a certain types of public places; and
660 (ii) for the protection of the public health and in response to the declared public health
661 emergency:
662 (A) establishes, maintains, or enforces isolation or quarantine;
663 (B) establishes, maintains, or enforces a stay-at-home order;
664 (C) exercises physical control over property or individuals; or
665 (D) closes theaters, schools, or other public places or prohibits gatherings of people to
666 protect the public health.
667 (10) "Public health emergency" means the same as that term is defined in Section
668 26-23b-102.
669 [
670 is created by the governing body of one county to provide services to the county and the
671 municipalities within that county.
672 (12) "Stay-at-home order" means an order of constraint that:
673 (a) restricts movement of the general population to suppress or mitigate an epidemic or
674 pandemic disease by directing individuals within a defined geographic area to remain in their
675 respective residences; and
676 (b) may include exceptions for certain essential tasks.
677 [
678 created in Section 17-43-201.
679 [
680 (a) means a substance abuse authority, a mental health authority, and a local health
681 department that join together under Section 26A-1-105.5; and
682 (b) includes a multicounty united local health department.
683 Section 11. Section 26A-1-114 is amended to read:
684 26A-1-114. Powers and duties of departments.
685 (1) [
686 (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
687 department rules, and local health department standards and regulations relating to public
688 health and sanitation, including the plumbing code administered by the Division of
689 Occupational and Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction
690 Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification
691 Act, in all incorporated and unincorporated areas served by the local health department;
692 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
693 control over property and over individuals as the local health department finds necessary for
694 the protection of the public health;
695 (c) establish and maintain medical, environmental, occupational, and other laboratory
696 services considered necessary or proper for the protection of the public health;
697 (d) establish and operate reasonable health programs or measures not in conflict with
698 state law which:
699 (i) are necessary or desirable for the promotion or protection of the public health and
700 the control of disease; or
701 (ii) may be necessary to ameliorate the major risk factors associated with the major
702 causes of injury, sickness, death, and disability in the state;
703 (e) close theaters, schools, and other public places and prohibit gatherings of people
704 when necessary to protect the public health;
705 (f) abate nuisances or eliminate sources of filth and infectious and communicable
706 diseases affecting the public health and bill the owner or other person in charge of the premises
707 upon which this nuisance occurs for the cost of abatement;
708 (g) make necessary sanitary and health investigations and inspections on its own
709 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
710 as to any matters affecting the public health;
711 (h) pursuant to county ordinance or interlocal agreement:
712 (i) establish and collect appropriate fees for the performance of services and operation
713 of authorized or required programs and duties;
714 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
715 property, services, or materials for public health purposes; and
716 (iii) make agreements not in conflict with state law which are conditional to receiving a
717 donation or grant;
718 (i) prepare, publish, and disseminate information necessary to inform and advise the
719 public concerning:
720 (i) the health and wellness of the population, specific hazards, and risk factors that may
721 adversely affect the health and wellness of the population; and
722 (ii) specific activities individuals and institutions can engage in to promote and protect
723 the health and wellness of the population;
724 (j) investigate the causes of morbidity and mortality;
725 (k) issue notices and orders necessary to carry out this part;
726 (l) conduct studies to identify injury problems, establish injury control systems,
727 develop standards for the correction and prevention of future occurrences, and provide public
728 information and instruction to special high risk groups;
729 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
730 within the jurisdiction of the boards;
731 (n) cooperate with the state health department, the Department of Corrections, the
732 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
733 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
734 convicted sexual offenders, and any victims of a sexual offense;
735 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108; and
736 (p) provide public health assistance in response to a national, state, or local emergency,
737 a public health emergency as defined in Section 26-23b-102, or a declaration by the President
738 of the United States or other federal official requesting public health-related activities.
739 (2) The local health department shall:
740 (a) establish programs or measures to promote and protect the health and general
741 wellness of the people within the boundaries of the local health department;
742 (b) investigate infectious and other diseases of public health importance and implement
743 measures to control the causes of epidemic and communicable diseases and other conditions
744 significantly affecting the public health which may include involuntary testing of alleged sexual
745 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims
746 of sexual offenses for HIV infection pursuant to Section 76-5-503;
747 (c) cooperate with the department in matters pertaining to the public health and in the
748 administration of state health laws; and
749 (d) coordinate implementation of environmental programs to maximize efficient use of
750 resources by developing with the Department of Environmental Quality a Comprehensive
751 Environmental Service Delivery Plan which:
752 (i) recognizes that the Department of Environmental Quality and local health
753 departments are the foundation for providing environmental health programs in the state;
754 (ii) delineates the responsibilities of the department and each local health department
755 for the efficient delivery of environmental programs using federal, state, and local authorities,
756 responsibilities, and resources;
757 (iii) provides for the delegation of authority and pass through of funding to local health
758 departments for environmental programs, to the extent allowed by applicable law, identified in
759 the plan, and requested by the local health department; and
760 (iv) is reviewed and updated annually.
761 (3) The local health department has the following duties regarding public and private
762 schools within its boundaries:
763 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
764 persons attending public and private schools;
765 (b) exclude from school attendance any person, including teachers, who is suffering
766 from any communicable or infectious disease, whether acute or chronic, if the person is likely
767 to convey the disease to those in attendance; and
768 (c) (i) make regular inspections of the health-related condition of all school buildings
769 and premises;
770 (ii) report the inspections on forms furnished by the department to those responsible for
771 the condition and provide instructions for correction of any conditions that impair or endanger
772 the health or life of those attending the schools; and
773 (iii) provide a copy of the report to the department at the time the report is made.
774 (4) If those responsible for the health-related condition of the school buildings and
775 premises do not carry out any instructions for corrections provided in a report in Subsection
776 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
777 persons responsible.
778 (5) The local health department may exercise incidental authority as necessary to carry
779 out the provisions and purposes of this part.
780 (6) Nothing in this part may be construed to authorize a local health department to
781 enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
782 monoxide detector in a residential dwelling against anyone other than the occupant of the
783 dwelling.
784 (7) (a) A local health department may not declare a public health emergency or issue an
785 order of constraint until the local health department has provided notice of the proposed action
786 to the county governing body no later than 24 hours before the local health department issues
787 the order or declaration.
788 (b) The local health department:
789 (i) shall provide the notice required by Subsection (7)(a) using the best available
790 method under the circumstances as determined by the local health department;
791 (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
792 (iii) shall provide the notice in written form, if practicable.
793 (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
794 a local health department expires at the earliest of:
795 (i) the local health department or the chief executive officer of the relevant county
796 finding that the threat or danger has passed or the public health emergency reduced to the
797 extent that emergency conditions no longer exist;
798 (ii) 30 days after the date on which the local health department declared the public
799 health emergency; or
800 (iii) the day on which the public health emergency is terminated by a joint resolution of
801 the Legislature or majority vote of the county governing body.
802 (b) (i) The relevant county legislative body, by majority vote, or the Legislature, by
803 joint resolution, may extend a public health emergency for a time period designated by the
804 county legislative body or a time period designated in the joint resolution.
805 (ii) If the county legislative body or the Legislature extends a public health emergency
806 as described in Subsection (8)(b)(i), the public health emergency expires on the date designated
807 by the county legislative body or the Legislature.
808 (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
809 local health department expires as described in Subsection (8)(a), the local health department
810 may not declare a public health emergency for the same illness or occurrence that precipitated
811 the previous public health emergency declaration.
812 (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(e), if the local
813 health department finds that exigent circumstances exist, after providing notice to the county
814 legislative body, the department may declare a new public health emergency for the same
815 illness or occurrence that precipitated a previous public health emergency declaration.
816 (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
817 accordance with Subsection (8)(a) or (b).
818 (e) If the Legislature or county legislative body terminates a public health emergency
819 declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
820 department may not declare a new public health emergency for the same illness, occurrence, or
821 exigent circumstances.
822 (9) (a) During a public health emergency declared under this chapter or under Title 26,
823 Chapter 23b, Detection of Public Health Emergencies Act:
824 (i) a local health department may not issue an order of constraint without approval of
825 the chief executive officer of the relevant county;
826 (ii) the Legislature may at any time terminate by joint resolution an order of constraint
827 issued by a local health department in response to a public health emergency; and
828 (iii) a county governing body may at any time terminate by majority vote of the
829 governing body an order of constraint issued by a local health department in response to a
830 public health emergency.
831 (b) (i) For a local health department that serves more than one county, the approval
832 described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
833 of constraint is applicable.
834 (ii) For a local health department that serves more than one county, a county governing
835 body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
836 county served by the county governing body.
837 (10) (a) During a public health emergency declared as described in this title:
838 (i) except as described in Subsection (10)(b), the department or a local health
839 department may not impose an order of constraint on a religious gathering that is more
840 restrictive than an order of constraint that applies to any other public gathering; and
841 (ii) an individual, while acting or purporting to act within the course and scope of the
842 individual's official department or local health department capacity, may not:
843 (A) prevent a religious gathering that is held in a manner consistent with any order of
844 constraint issued pursuant to this title; or
845 (B) impose a penalty for a previous religious gathering that was held in a manner
846 consistent with any order of constraint issued pursuant to this title.
847 (b) Notwithstanding Subsection (10)(a), during a public health emergency declared as
848 described in this title, the department or a local health department may impose an order of
849 constraint on a religious gathering if an element of the religious practice is demonstrated to
850 create a unique risk that cannot be ameliorated by less-restrictive means.
851 (c) (i) Upon proper grounds, a court of competent jurisdiction may grant an injunction
852 to prevent the violation of this Subsection (10).
853 (ii) A person who violates Subsection (10)(a)(ii) is guilty of a class B misdemeanor.
854 Section 12. Section 26A-1-121 is amended to read:
855 26A-1-121. Standards and regulations adopted by local board -- Local standards
856 not more stringent than federal or state standards -- Exceptions for written findings --
857 Administrative and judicial review of actions.
858 (1) (a) [
859 regulations:
860 (i) not in conflict with rules of the Departments of Health and Environmental Quality;
861 and
862 (ii) necessary for the promotion of public health, environmental health quality, injury
863 control, and the prevention of outbreaks and spread of communicable and infectious diseases.
864 (b) The standards and regulations under Subsection (1)(a):
865 (i) supersede existing local standards, regulations, and ordinances pertaining to similar
866 subject matter; and
867 (ii) except as provided under Subsection (1)(c) and except where specifically allowed
868 by federal law or state statute, may not be more stringent than those established by federal law,
869 state statute, or administrative rules adopted by the [
870 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
871 (c) (i) The board may make standards and regulations more stringent than
872 corresponding federal law, state statute, or state administrative rules for the purposes described
873 in Subsection (1)(a), only if the board makes a written finding after public comment and
874 hearing and based on evidence in the record, that corresponding federal laws, state statutes, or
875 state administrative rules are not adequate to protect public health and the environment of the
876 state.
877 (ii) The findings shall address the public health information and studies contained in
878 the record, which form the basis for the board's conclusion.
879 (d) The board shall provide public hearings prior to the adoption of any regulation or
880 standard. Notice of any public hearing shall be published at least twice throughout the county
881 or counties served by the local health department. The publication may be in one or more
882 newspapers, if the notice is provided in accordance with this Subsection (1)(d).
883 (e) The hearings may be conducted by the board at a regular or special meeting, or the
884 board may appoint hearing officers who may conduct hearings in the name of the board at a
885 designated time and place.
886 (f) A record or summary of the proceedings of a hearing shall be taken and filed with
887 the board.
888 (g) (i) During a declared public health emergency declared under this chapter or under
889 Title 26, Chapter 23b, Detection of Public Health Emergencies Act:
890 (A) a local health department may not issue an order of constraint without approval of
891 the chief executive officer of the relevant county;
892 (B) the Legislature may at any time terminate by joint resolution an order of constraint
893 issued by a local health department in response to a public health emergency; and
894 (C) a county governing body may at any time terminate, by majority vote of the
895 governing body, an order of constraint issued by a local health department in response to a
896 public health emergency.
897 (ii) (A) For a local health department that serves more than one county, the approval
898 described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the
899 order of constraint is applicable.
900 (B) For a local health department that serves more than one county, a county governing
901 body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the
902 county served by the county governing body.
903 (h) (i) During a public health emergency declared as described in this title:
904 (A) except as described in Subsection (1)(h)(ii), a local health department may not
905 impose an order of constraint on a public gathering that applies to a religious gathering
906 differently than the order of constraint applies to any other public gathering; and
907 (B) an individual, while acting or purporting to act within the course and scope of the
908 individual's official local health department capacity, may not prevent a religious gathering that
909 is held in a manner consistent with any order of constraint issued pursuant to this title, or
910 impose a penalty for a previous religious gathering that was held in a manner consistent with
911 any order of constraint issued pursuant to this title.
912 (ii) Notwithstanding Subsection (1)(h)(i)(A), during a public health emergency
913 declared as described in this title, a local health department may impose an order of constraint
914 on a religious gathering if an element of the religious practice is demonstrated to create a
915 unique risk that cannot be ameliorated by less-restrictive means.
916 (iii) (A) Upon proper grounds, a court of competent jurisdiction may grant an
917 injunction to prevent the violation of this Subsection (1)(h).
918 (B) A person who violates Subsection (1)(h)(i)(B) is guilty of a class B misdemeanor.
919 (i) (i) If a local health department declares a public health emergency as described in
920 this chapter, and the local health department finds that the public health emergency conditions
921 warrant an extension of the public health emergency beyond the 30-day term or another date
922 designated by the Legislature as described in this section, the local health department shall
923 provide written notice to the speaker of the House of Representatives and the president of the
924 Senate at least 10 days before the expiration of the public health emergency.
925 (ii) If the local health department provides notice as described in Subsection (1)(i)(i)
926 for a public health emergency, the speaker of the House of Representatives and the president of
927 the Senate:
928 (A) shall poll the members of their respective bodies to determine if the Legislature
929 will consider whether to extend the public health emergency; and
930 (B) may jointly convene the committee created in Section 53-2a-218.
931 (j) If the committee created in Section 53-2a-218 is convened as described in
932 Subsection (1)(i)(ii), the committee shall conduct a public meeting to:
933 (i) discuss the nature of the public health emergency and conditions of the public health
934 emergency;
935 (ii) evaluate options for public health emergency response;
936 (iii) receive testimony from individuals with expertise relevant to the current public
937 health emergency;
938 (iv) receive testimony from members of the public; and
939 (v) provide a recommendation to the Legislature whether to extend the public health
940 emergency by joint resolution.
941 (2) (a) A person aggrieved by an action or inaction of the local health department
942 relating to the public health shall have an opportunity for a hearing with the local health officer
943 or a designated representative of the local health department. The board shall grant a
944 subsequent hearing to the person upon the person's written request.
945 (b) In an adjudicative hearing, a member of the board or the hearing officer may
946 administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
947 of the board requiring the testimony of witnesses and the production of evidence relevant to a
948 matter in the hearing. The local health department shall make a written record of the hearing,
949 including findings of facts and conclusions of law.
950 (c) Judicial review of a final determination of the local board may be secured by a
951 person adversely affected by the final determination, or by the Departments of Health or
952 Environmental Quality, by filing a petition in the district court within 30 days after receipt of
953 notice of the board's final determination.
954 (d) The petition shall be served upon the secretary of the board and shall state the
955 grounds upon which review is sought.
956 (e) The board's answer shall certify and file with the court all documents and papers
957 and a transcript of all testimony taken in the matter together with the board's findings of fact,
958 conclusions of law, and order.
959 (f) The appellant and the board are parties to the appeal.
960 (g) The Departments of Health and Environmental Quality may become a party by
961 intervention as in a civil action upon showing cause.
962 (h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103.
963 (3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
964 local health department board to make standards and regulations in accordance with Subsection
965 (1)(a) for:
966 (a) emergency rules made in accordance with Section 63G-3-304; or
967 (b) items not regulated under federal law, state statute, or state administrative rule.
968 Section 13. Section 53-2a-104 is amended to read:
969 53-2a-104. Division duties -- Powers.
970 (1) [
971 53-2a-206(5), the division shall:
972 (a) respond to the policies of the governor and the Legislature;
973 (b) perform functions relating to emergency management as directed by the governor
974 or by the commissioner, including:
975 (i) coordinating with state agencies and local governments the use of personnel and
976 other resources of these governmental entities as agents of the state during an interstate disaster
977 in accordance with the Emergency Management Assistance Compact described in Section
978 53-2a-402;
979 (ii) coordinating the requesting, activating, and allocating of state resources during an
980 intrastate disaster or a local state of emergency;
981 (iii) receiving and disbursing federal resources provided to the state in a declared
982 disaster;
983 (iv) appointing a state coordinating officer who is the governor's representative and
984 who shall work with a federal coordinating officer during a federally declared disaster; and
985 (v) appointing a state recovery officer who is the governor's representative and who
986 shall work with a federal recovery officer during a federally declared disaster;
987 (c) prepare, implement, and maintain programs and plans to provide for:
988 (i) prevention and minimization of injury and damage caused by disasters;
989 (ii) prompt and effective response to and recovery from disasters;
990 (iii) identification of areas particularly vulnerable to disasters;
991 (iv) coordination of hazard mitigation and other preventive and preparedness measures
992 designed to eliminate or reduce disasters;
993 (v) assistance to local officials, state agencies, and the business and public sectors, in
994 developing emergency action plans;
995 (vi) coordination of federal, state, and local emergency activities;
996 (vii) coordination of emergency operations plans with emergency plans of the federal
997 government;
998 (viii) coordination of urban search and rescue activities;
999 (ix) coordination of rapid and efficient communications in times of emergency; and
1000 (x) other measures necessary, incidental, or appropriate to this part;
1001 (d) coordinate with local officials, state agencies, and the business and public sectors in
1002 developing, implementing, and maintaining a state energy emergency plan in accordance with
1003 Section 53-2a-902;
1004 (e) administer Part 6, Disaster Recovery Funding Act, in accordance with that part;
1005 (f) conduct outreach annually to agencies and officials who have access to IPAWS; and
1006 (g) coordinate with counties to ensure every county has the access and ability to send,
1007 or a plan to send, IPAWS messages, including Wireless Emergency Alerts and Emergency
1008 Alert System messages.
1009 (2) Every three years, organizations that have the ability to send IPAWS messages,
1010 including emergency service agencies, public safety answering points, and emergency
1011 managers shall send verification of Federal Emergency Management Agency training to the
1012 Division.
1013 (3) (a) The Department of Public Safety shall designate state geographical regions and
1014 allow the political subdivisions within each region to:
1015 (i) coordinate planning with other political subdivisions, tribal governments, and as
1016 appropriate, other entities within that region and with state agencies as appropriate, or as
1017 designated by the division;
1018 (ii) coordinate grant management and resource purchases; and
1019 (iii) organize joint emergency response training and exercises.
1020 (b) The political subdivisions within a region designated in Subsection (3)(a) may not
1021 establish the region as a new government entity in the emergency disaster declaration process
1022 under Section 53-2a-208.
1023 (4) The division may make rules in accordance with Title 63G, Chapter 3, Utah
1024 Administrative Rulemaking Act, to:
1025 (a) establish protocol for prevention, mitigation, preparedness, response, recovery, and
1026 the activities described in Subsection (3);
1027 (b) coordinate federal, state, and local resources in a declared disaster or local
1028 emergency; and
1029 (c) implement provisions of the Emergency Management Assistance Compact as
1030 provided in Section 53-2a-402 and Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.
1031 (5) The division may consult with the Legislative Management Committee, the Judicial
1032 Council, and legislative and judicial staff offices to assist the division in preparing emergency
1033 succession plans and procedures under Title 53, Chapter 2a, Part 8, Emergency Interim
1034 Succession Act.
1035 (6) The division shall report annually in writing not later than October 31 to the Law
1036 Enforcement and Criminal Justice, and Political Subdivisions Interim Committees regarding
1037 the status of the emergency alert system in the state. The report shall include:
1038 (a) a status summary of the number of alerting authorities in Utah;
1039 (b) any changes in that number;
1040 (c) administrative actions taken; and
1041 (d) any other information considered necessary by the division.
1042 Section 14. Section 53-2a-203 is amended to read:
1043 53-2a-203. Definitions.
1044 As used in this part:
1045 (1) "Chief executive officer" means:
1046 (a) for a municipality:
1047 (i) the mayor for a municipality operating under all forms of municipal government
1048 except the council-manager form of government; or
1049 (ii) the city manager for a municipality operating under the council-manager form of
1050 government;
1051 (b) for a county:
1052 (i) the chair of the county commission for a county operating under the county
1053 commission or expanded county commission form of government;
1054 (ii) the county executive officer for a county operating under the county-executive
1055 council form of government; or
1056 (iii) the county manager for a county operating under the council-manager form of
1057 government; [
1058 (c) for a special service district:
1059 (i) the chief executive officer of the county or municipality that created the special
1060 service district if authority has not been delegated to an administrative control board as
1061 provided in Section 17D-1-301;
1062 (ii) the chair of the administrative control board to which authority has been delegated
1063 as provided in Section 17D-1-301; or
1064 (iii) the general manager or other officer or employee to whom authority has been
1065 delegated by the governing body of the special service district as provided in Section
1066 17D-1-301; or
1067 (d) for a local district:
1068 (i) the chair of the board of trustees selected as provided in Section 17B-1-309; or
1069 (ii) the general manager or other officer or employee to whom authority has been
1070 delegated by the board of trustees.
1071 (2) "Executive action" means any of the following actions by the governor during a
1072 state of emergency:
1073 (a) an order, a rule, or a regulation made by the governor as described in Section
1074 53-2a-209;
1075 (b) an action by the governor to suspend or modify a statute as described in Subsection
1076 53-2a-204(1)(j); or
1077 (c) an action by the governor to suspend the enforcement of a statute as described in
1078 Subsection 53-2a-209(4).
1079 (3) "Exigent circumstances" means a significant change in circumstances following the
1080 expiration of a state of emergency declared in accordance with this chapter that:
1081 (a) substantially increases the threat to public safety or health relative to the
1082 circumstances in existence when the state of emergency expired;
1083 (b) poses an imminent threat to public safety or health; and
1084 (c) was not known or foreseen and could not have been known or foreseen at the time
1085 the state of emergency expired.
1086 (4) "Legislative emergency response committee" means the Legislative Emergency
1087 Response Committee created in Section 53-2a-218.
1088 [
1089 state which requires that emergency assistance be provided by the affected municipality or
1090 county or another political subdivision to save lives and protect property within its jurisdiction
1091 in response to a disaster, or to avoid or reduce the threat of a disaster.
1092 (6) "Long-term state of emergency" means a state of emergency:
1093 (a) that lasts longer than 30 days; or
1094 (b) declared to respond to exigent circumstances as described in Subsection
1095 53-2a-206(3).
1096 [
1097 or local district.
1098 Section 15. Section 53-2a-204 is amended to read:
1099 53-2a-204. Authority of governor -- Federal assistance -- Fraud or willful
1100 misstatement in application for financial assistance -- Penalty.
1101 (1) In addition to any other authorities conferred upon the governor, if the governor
1102 issues an executive order declaring a state of emergency, subject to limitation by the
1103 Legislature as described in Subsection 53-2a-206(5), the governor may:
1104 (a) utilize all available resources of state government as reasonably necessary to cope
1105 with a state of emergency;
1106 (b) employ measures and give direction to state and local officers and agencies that are
1107 reasonable and necessary for the purpose of securing compliance with the provisions of this
1108 part and with orders, rules, and regulations made pursuant to this part;
1109 (c) recommend and advise the evacuation of all or part of the population from any
1110 stricken or threatened area within the state if necessary for the preservation of life;
1111 (d) recommend routes, modes of transportation, and destination in connection with
1112 evacuation;
1113 (e) in connection with evacuation, suspend or limit the sale, dispensing, or
1114 transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful
1115 bearing of arms;
1116 (f) control ingress and egress to and from a disaster area, the movement of persons
1117 within the area, and recommend the occupancy or evacuation of premises in a disaster area;
1118 (g) clear or remove from publicly or privately owned land or water debris or wreckage
1119 that is an immediate threat to public health, public safety, or private property, including
1120 allowing an employee of a state department or agency designated by the governor to enter upon
1121 private land or waters and perform any tasks necessary for the removal or clearance operation if
1122 the political subdivision, corporation, organization, or individual that is affected by the removal
1123 of the debris or wreckage:
1124 (i) presents an unconditional authorization for removal of the debris or wreckage from
1125 private property; and
1126 (ii) agrees to indemnify the state against any claim arising from the removal of the
1127 debris or wreckage;
1128 (h) enter into agreement with any agency of the United States:
1129 (i) for temporary housing units to be occupied by victims of a state of emergency or
1130 persons who assist victims of a state of emergency; and
1131 (ii) to make the housing units described in Subsection (1)(h)(i) available to a political
1132 subdivision of this state;
1133 (i) assist any political subdivision of this state to acquire sites and utilities necessary for
1134 temporary housing units described in Subsection (1)(h)(i) by passing through any funds made
1135 available to the governor by an agency of the United States for this purpose;
1136 (j) subject to Sections 53-2a-209 and 53-2a-214, temporarily suspend or modify by
1137 executive order, during the state of emergency, any public health, safety, zoning, transportation,
1138 or other requirement of a statute or administrative rule within this state if such action is
1139 essential to provide temporary housing described in Subsection (1)(h)(i);
1140 (k) upon determination that a political subdivision of the state will suffer a substantial
1141 loss of tax and other revenues because of a state of emergency and the political subdivision so
1142 affected has demonstrated a need for financial assistance to perform its governmental
1143 functions, in accordance with Utah Constitution, Article XIV, Sections 3 and 4, and Section
1144 10-8-6:
1145 (i) apply to the federal government for a loan on behalf of the political subdivision if
1146 the amount of the loan that the governor applies for does not exceed 25% of the annual
1147 operating budget of the political subdivision for the fiscal year in which the state of emergency
1148 occurs; and
1149 (ii) receive and disburse the amount of the loan to the political subdivision;
1150 (l) accept funds from the federal government and make grants to any political
1151 subdivision for the purpose of removing debris or wreckage from publicly owned land or
1152 water;
1153 (m) subject to Section 53-2a-217, upon determination that financial assistance is
1154 essential to meet expenses related to a state of emergency of individuals or families adversely
1155 affected by the state of emergency that cannot be sufficiently met from other means of
1156 assistance, apply for, accept, and expend a grant by the federal government to fund the financial
1157 assistance, subject to the terms and conditions imposed upon the grant;
1158 (n) recommend to the Legislature other actions the governor considers to be necessary
1159 to address a state of emergency; or
1160 (o) authorize the use of all water sources as necessary for fire suppression.
1161 (2) A person who fraudulently or willfully makes a misstatement of fact in connection
1162 with an application for financial assistance under this section shall, upon conviction of each
1163 offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one
1164 year, or both.
1165 Section 16. Section 53-2a-205 is amended to read:
1166 53-2a-205. Authority of chief executive officers of political subdivisions --
1167 Ordering of evacuations.
1168 (1) (a) In order to protect life and property when a state of emergency or local
1169 emergency has been declared, subject to limitation by the Legislature as described in
1170 Subsection 53-2a-206(5), and subject to Section 53-2a-216, the chief executive officer of each
1171 political subdivision of the state is authorized to:
1172 (i) carry out, in the chief executive officer's jurisdiction, the measures as may be
1173 ordered by the governor under this part; and
1174 (ii) take any additional measures the chief executive officer may consider necessary,
1175 subject to the limitations and provisions of this part.
1176 (b) The chief executive officer may not take an action that is inconsistent with any
1177 order, rule, regulation, or action of the governor.
1178 (2) [
1179 emergency is declared, the authority of the chief executive officer includes:
1180 (a) utilizing all available resources of the political subdivision as reasonably necessary
1181 to manage a state of emergency or local emergency;
1182 (b) employing measures and giving direction to local officers and agencies which are
1183 reasonable and necessary for the purpose of securing compliance with the provisions of this
1184 part and with orders, rules, and regulations made under this part;
1185 (c) if necessary for the preservation of life, issuing an order for the evacuation of all or
1186 part of the population from any stricken or threatened area within the political subdivision;
1187 (d) recommending routes, modes of transportation, and destinations in relation to an
1188 evacuation;
1189 (e) suspending or limiting the sale, dispensing, or transportation of alcoholic beverages,
1190 explosives, and combustibles in relation to an evacuation, except that the chief executive
1191 officer may not restrict the lawful bearing of arms;
1192 (f) controlling ingress and egress to and from a disaster area, controlling the movement
1193 of persons within a disaster area, and ordering the occupancy or evacuation of premises in a
1194 disaster area;
1195 (g) clearing or removing debris or wreckage that may threaten public health, public
1196 safety, or private property from publicly or privately owned land or waters, except that where
1197 there is no immediate threat to public health or safety, the chief executive officer shall not
1198 exercise this authority in relation to privately owned land or waters unless:
1199 (i) the owner authorizes the employees of designated local agencies to enter upon the
1200 private land or waters to perform any tasks necessary for the removal or clearance; and
1201 (ii) the owner provides an unconditional authorization for removal of the debris or
1202 wreckage and agrees to indemnify the local and state government against any claim arising
1203 from the removal; and
1204 (h) invoking the provisions of any mutual aid agreement entered into by the political
1205 subdivision.
1206 (3) (a) If the chief executive is unavailable to issue an order for evacuation under
1207 Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area may issue
1208 an urgent order for evacuation, for a period not to exceed 36 hours, if the order is necessary for
1209 the preservation of life.
1210 (b) The chief executive officer may ratify, modify, or revoke the chief law enforcement
1211 officer's order.
1212 (4) Notice of an order or the ratification, modification, or revocation of an order issued
1213 under this section shall be:
1214 (a) given to the persons within the jurisdiction by the most effective and reasonable
1215 means available; and
1216 (b) filed in accordance with Subsection 53-2a-209(1).
1217 Section 17. Section 53-2a-206 is amended to read:
1218 53-2a-206. State of emergency -- Declaration -- Termination -- Commander in
1219 chief of military forces.
1220 (1) A state of emergency may be declared by executive order of the governor if the
1221 governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent in
1222 any area of the state in which state government assistance is required to supplement the
1223 response and recovery efforts of the affected political subdivision or political subdivisions.
1224 [
1225
1226 [
1227
1228
1229 (2) (a) Except as provided in Subsection (2)(b), a state of emergency described in
1230 Subsection (1) expires at the earlier of:
1231 (i) the day on which the governor finds that the threat or danger has passed or the
1232 disaster reduced to the extent that emergency conditions no longer exist;
1233 (ii) 30 days after the date on which the governor declared the state of emergency; or
1234 (iii) the day on which the Legislature terminates the state of emergency by joint
1235 resolution.
1236 (b) (i) The Legislature may, by joint resolution, extend a state of emergency for a time
1237 period designated in the joint resolution.
1238 (ii) If the Legislature extends a state of emergency in accordance with this subsection,
1239 the state of emergency expires on the date designated in the joint resolution.
1240 (c) Except as provided in Subsection (3), if a state of emergency expires as described in
1241 Subsection (2), the governor may not declare a new state of emergency for the same disaster or
1242 occurrence as the expired state of emergency.
1243 (3) (a) After a state of emergency expires in accordance with Subsection (2), and
1244 subject to Subsection (4), the governor may declare a new state of emergency in response to the
1245 same disaster or occurrence as the expired state of emergency, if the governor finds that exigent
1246 circumstances exist.
1247 (b) A state of emergency declared in accordance with Subsection (3)(a) expires in
1248 accordance with Subsections (2)(a) and (b).
1249 (c) After a state of emergency declared in accordance with Subsection (3)(a) expires,
1250 the governor may not declare a new state of emergency in response to the same disaster or
1251 occurrence as the expired state of emergency, regardless of whether exigent circumstances
1252 exist.
1253 (4) (a) (i) If the Legislature finds that emergency conditions warrant the extension of a
1254 state of emergency beyond 30 days as described in Subsection (2)(b), the Legislature may
1255 extend the state of emergency and specify which emergency powers described in this part are
1256 necessary to respond to the emergency conditions present at the time of the extension of the
1257 state of emergency.
1258 (ii) Circumstances that may warrant the extension of a state of emergency with limited
1259 emergency powers include:
1260 (A) the imminent threat of the emergency has passed, but continued fiscal response
1261 remains necessary; or
1262 (B) emergency conditions warrant certain executive actions, but certain emergency
1263 powers such as suspension of enforcement of statute are not necessary.
1264 (b) For any state of emergency extended by the Legislature beyond 30 days as
1265 described in Subsection (2)(b), the Legislature may, by joint resolution:
1266 (i) extend the state of emergency and maintain all of the emergency powers described
1267 in this part; or
1268 (ii) limit or restrict certain emergency powers of:
1269 (A) the division as described in Section 53-2a-104;
1270 (B) the governor as described in Section 53-2a-204;
1271 (C) a chief executive officer of a political subdivision as described in Section
1272 53-2a-205; or
1273 (D) other executive emergency powers described in this chapter.
1274 (c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
1275 Legislature shall:
1276 (i) include in the joint resolution findings describing the nature and current conditions
1277 of the emergency that warrant the continuation or limitation of certain emergency powers; and
1278 (ii) clearly enumerate and describe in the joint resolution which powers:
1279 (A) are being limited or restricted; or
1280 (B) shall remain in force.
1281 [
1282 governor shall issue an executive order ending the state of emergency on receipt of the
1283 Legislature's resolution.
1284 [
1285 shall state:
1286 (a) the nature of the state of emergency;
1287 (b) the area or areas threatened; and
1288 (c) the conditions creating such an emergency or those conditions allowing termination
1289 of the state of emergency.
1290 [
1291 in chief of the military forces of the state in accordance with Utah Constitution Article VII,
1292 Section 4, and Title 39, Chapter 1, State Militia.
1293 Section 18. Section 53-2a-208 is amended to read:
1294 53-2a-208. Local emergency -- Declarations.
1295 [
1296
1297 [
1298
1299 [
1300
1301 (1) A chief executive officer of a municipality or county may declare by proclamation a
1302 state of emergency if the chief executive officer finds:
1303 (a) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
1304 area of the municipality or county; and
1305 (b) the municipality or county requires additional assistance to supplement the
1306 response and recovery efforts of the municipality or county.
1307 (2) A declaration of a local emergency:
1308 (a) constitutes an official recognition that a disaster situation exists within the affected
1309 municipality or county;
1310 (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
1311 from other political subdivisions or from the state or federal government;
1312 (c) activates the response and recovery aspects of any and all applicable local disaster
1313 emergency plans; and
1314 (d) authorizes the furnishing of aid and assistance in relation to the proclamation.
1315 (3) A local emergency proclamation issued under this section shall state:
1316 (a) the nature of the local emergency;
1317 (b) the area or areas that are affected or threatened; and
1318 (c) the conditions which caused the emergency.
1319 (4) The emergency declaration process within the state shall be as follows:
1320 (a) a city, town, or metro township shall declare to the county;
1321 (b) a county shall declare to the state;
1322 (c) the state shall declare to the federal government; and
1323 (d) a tribe, as defined in Section 23-13-12.5, shall declare as determined under the
1324 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.
1325 (5) Nothing in this part affects:
1326 (a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
1327 (b) the duties, requests, reimbursements, or other actions taken by a political
1328 subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
1329 Part 3, Statewide Mutual Aid Act.
1330 (6) (a) Except as provided in Subsection (6)(b), a state of emergency described in
1331 Subsection (1) expires the earlier of:
1332 (i) the day on which the chief executive officer finds that:
1333 (A) the threat or danger has passed;
1334 (B) the disaster reduced to the extent that emergency conditions no longer exist; or
1335 (C) the municipality or county no longer requires state government assistance to
1336 supplement the response and recovery efforts of the municipality or county;
1337 (ii) 30 days after the day on which the chief executive officer declares the state of
1338 emergency; or
1339 (iii) the day on which the legislative body of the municipality or county terminates the
1340 state of emergency by majority vote.
1341 (b) (i) The legislative body of a municipality or county may by majority vote extend a
1342 state of emergency for a time period stated in the motion.
1343 (ii) If the legislative body of a municipality or county extends a state of emergency in
1344 accordance with this subsection, the state of emergency expires on the date designated by the
1345 legislative body in the motion.
1346 (c) Except as provided in Subsection (7), after a state of emergency expires in
1347 accordance with this Subsection (6), the chief executive officer may not declare a new state of
1348 emergency in response to the same disaster or occurrence as the expired state of emergency.
1349 (7) (a) After a state of emergency expires in accordance with Subsection (2), the chief
1350 executive officer may declare a new state of emergency in response to the same disaster or
1351 occurrence as the expired state of emergency, if the chief executive officer finds that exigent
1352 circumstances exist.
1353 (b) A state of emergency declared in accordance with Subsection (7)(a) expires in
1354 accordance with Subsections (6)(a) and (b).
1355 (c) After a state of emergency declared in accordance with Subsection (7)(a) expires,
1356 the chief executive officer may not declare a new state of emergency in response to the same
1357 disaster or occurrence as the expired state of emergency, regardless of whether exigent
1358 circumstances exist.
1359 Section 19. Section 53-2a-209 is amended to read:
1360 53-2a-209. Orders, rules, and regulations having force of law -- Filing
1361 requirements -- Suspension of state agency rules -- Suspension of enforcement of certain
1362 statutes during a state of emergency.
1363 (1) [
1364 by the governor, a municipality, a county, or other agency authorized by this part to make
1365 orders, rules, and regulations, not in conflict with existing laws except as specifically provided
1366 in this section, shall have the full force and effect of law during the state of emergency.
1367 (2) A copy of the order, rule, or regulation promulgated under Subsection (1) shall be
1368 filed as soon as practicable with:
1369 (a) the Office of Administrative Rules, if issued by the governor or a state agency; or
1370 (b) the office of the clerk of the municipality or county, if issued by the chief executive
1371 officer of a municipality or county.
1372 (3) The governor may suspend the provisions of any order, rule, or regulation of any
1373 state agency, if the strict compliance with the provisions of the order, rule, or regulation would
1374 substantially prevent, hinder, or delay necessary action in coping with the emergency or
1375 disaster.
1376 (4) (a) Except as provided in Subsection (4)(b) and subject to Subsections (4)(c) and
1377 (d), the governor may by executive order suspend the enforcement of a statute if:
1378 (i) the governor declares a state of emergency in accordance with Section 53-2a-206;
1379 (ii) the governor determines that suspending the enforcement of the statute is:
1380 (A) directly related to the state of emergency described in Subsection (4)(a)(i); and
1381 (B) necessary to address the state of emergency described in Subsection (4)(a)(i);
1382 (iii) the executive order:
1383 (A) describes how the suspension of the enforcement of the statute is:
1384 (I) directly related to the state of emergency described in Subsection (4)(a)(i); and
1385 (II) necessary to address the state of emergency described in Subsection (4)(a)(i); and
1386 (B) provides the citation of the statute that is the subject of suspended enforcement;
1387 (iv) the governor acts in good faith;
1388 (v) the governor provides notice of the suspension of the enforcement of the statute to
1389 the speaker of the House of Representatives and the president of the Senate no later than 24
1390 hours after suspending the enforcement of the statute; and
1391 (vi) the governor makes the report required by Section 53-2a-210.
1392 (b) (i) Except as provided in Subsection (4)(b)(ii), the governor may not suspend the
1393 enforcement of a criminal penalty created in statute.
1394 (ii) The governor may suspend the enforcement of a misdemeanor or infraction if:
1395 (A) the misdemeanor or infraction relates to food, health, or transportation; and
1396 (B) the requirements of Subsection (4)(a) are met.
1397 (c) A suspension described in this Subsection (4) terminates no later than the date the
1398 governor terminates the state of emergency in accordance with Section 53-2a-206 to which the
1399 suspension relates.
1400 (d) The governor:
1401 (i) shall provide the notice required by Subsection (4)(a)(v) using the best available
1402 method under the circumstances as determined by the governor;
1403 (ii) may provide the notice required by Subsection (4)(a)(v) in electronic format; and
1404 (iii) shall provide the notice in written form, if practicable.
1405 (e) If circumstances prevent the governor from providing notice to the speaker of the
1406 House of Representatives or the president of the Senate, notice shall be provided in the best
1407 available method to the presiding member of the respective body as is reasonable.
1408 Section 20. Section 53-2a-215 is amended to read:
1409 53-2a-215. Requirements for long-term emergency response -- Notice.
1410 [
1411 [
1412
1413 [
1414
1415 [
1416 [
1417
1418 [
1419
1420 [
1421
1422 [
1423 [
1424 [
1425 [
1426 [
1427 [
1428
1429
1430
1431
1432 [
1433 Subsection [
1434 executive action in response to [
1435 governor has provided notice of the proposed action to the legislative [
1436
1437 executive action.
1438 (ii) The governor:
1439 (A) shall provide the notice required by Subsection [
1440 available method under the circumstances as determined by the governor;
1441 (B) may provide the notice required by Subsection [
1442 and
1443 (C) shall provide the notice in written form, if practicable.
1444 (b) Except for any conflicting provision in this section, the governor shall comply with
1445 the requirements of this chapter to take an executive action in response to a long-term
1446 emergency.
1447 (c) If the governor takes executive action in response to [
1448
1449 required to provide:
1450 (i) the notice described in Subsection 53-2a-209(4)(a)(v); or
1451 (ii) the report described in Section 53-2a-210.
1452 [
1453
1454 only if the governor finds that:
1455 (i) there is an imminent threat of serious bodily injury, loss of life, or substantial harm
1456 to property; and
1457 (ii) compliance with Subsection [
1458 injury, loss of life, or substantial harm to property.
1459 (b) If the governor takes executive action in response to [
1460 long-term emergency without complying with the requirements of Subsection [
1461 governor shall provide in the executive action an explanation why the requirements of
1462 Subsection [
1463 [
1464 [
1465 application or enforcement of this section.
1466 Section 21. Section 53-2a-216 is amended to read:
1467 53-2a-216. Termination of an executive action or directive.
1468 (1) The Legislature may at any time terminate by joint resolution:
1469 (a) an order, a rule, ordinance, or action by a chief executive officer of a county or
1470 municipality as described in Section 53-2a-205;
1471 (b) a local declaration of emergency described in Section 53-2a-208;
1472 [
1473 or other agency as described in Section 53-2a-209;
1474 [
1475 in Subsection 53-2a-209(4); or
1476 [
1477 (2) Notwithstanding any other provision of law, the governor may not suspend the
1478 application or enforcement of this section.
1479 Section 22. Section 53-2a-217 is amended to read:
1480 53-2a-217. Procurement process during an epidemic or pandemic emergency.
1481 (1) As used in this section, "epidemic or pandemic disease" means the same as that
1482 term is defined in Section [
1483 (2) (a) During a state of emergency declared as described in Section 53-2a-206 that is
1484 in response or related to an epidemic or pandemic disease emergency, or during a national
1485 epidemic or pandemic emergency, the governor shall provide notice to the Legislature within
1486 24 hours after an expenditure or procurement, if the expenditure or procurement:
1487 (i) uses federal funds received as described in Subsection 53-2a-204(1)(m);
1488 (ii) totals more than $2,000,000 or includes a line item of more than $2,000,000; and
1489 (iii) is made using emergency procurement processes as described in Section
1490 63G-6a-803.
1491 (b) The governor may not divide an expenditure or procurement into multiple
1492 expenditures or procurements to fall below the $2,000,000 threshold described in Subsection
1493 (2)(a)(ii).
1494 Section 23. Section 53-2a-218 is enacted to read:
1495 53-2a-218. Legislative Emergency Response Committee.
1496 (1) There is created an ad hoc committee known as the Legislative Emergency
1497 Response Committee.
1498 (2) (a) The committee membership includes:
1499 (i) the same membership as the Executive Appropriations Committee as constituted at
1500 the time the committee is convened; and
1501 (ii) between four and six additional members designated by the speaker of the House of
1502 Representatives, chosen from the following:
1503 (A) one or more members of the House of Representatives that serve as chair or
1504 vice-chair of a legislative committee with a subject matter focus relevant to the current
1505 emergency;
1506 (B) one or more members of the House of Representatives with relevant expertise or
1507 experience relevant to the current emergency; or
1508 (C) one or more members of the House of Representatives from a minority party that
1509 serves on a relevant legislative committee or that has expertise and experience relevant to the
1510 current emergency; and
1511 (iii) between four and six additional members designated by the president of the
1512 Senate, chosen from the following:
1513 (A) one or more members of the Senate that serve as chair or vice-chair of a legislative
1514 committee with a subject matter focus relevant to the current emergency;
1515 (B) one or more members of the Senate with relevant expertise or experience relevant
1516 to the current emergency; or
1517 (C) one or more members of the Senate from a minority party that serves on a relevant
1518 legislative committee or that has expertise and experience relevant to the current emergency.
1519 (b) The speaker of the House of Representatives and the president of the Senate shall
1520 coordinate to ensure they each appoint the same number of legislators as described under
1521 Subsections (2)(a)(ii) and (iii).
1522 (3) The speaker of the House of Representatives and the president of the Senate shall
1523 serve as chairs of the committee.
1524 (4) The Office of Legislative Research and General Counsel shall provide staff support
1525 to the committee.
1526 (5) (a) If the governor declares a state of emergency as described in this chapter, and
1527 the governor finds that the emergency conditions warrant an extension of the state of
1528 emergency beyond the 30-day term or another date designated by the Legislature as described
1529 in Section 53-2a-206, the governor shall provide written notice to the speaker of the House of
1530 Representatives and the president of the Senate at least 10 days before the expiration of the
1531 state of emergency.
1532 (b) If the speaker of the House of Representatives and the president of the Senate
1533 receive notice as described in Subsection (5)(a) for a state of emergency within the first 30 days
1534 from the initial declaration of the state of emergency, or from the Department of Health as
1535 described in Section 26-23b-10, or from a local health department as described in Section
1536 26A-1-121, the speaker of the House of Representatives and the president of the Senate:
1537 (i) shall poll the members of their respective bodies to determine whether the
1538 Legislature will extend the state of emergency; and
1539 (ii) may jointly convene the committee.
1540 (c) If the speaker of the House of Representatives and the president of the Senate
1541 receive notice as described in Subsection (5)(a) for a state of emergency that has been extended
1542 beyond the 30 days from the initial declaration of a state of emergency, the speaker of the
1543 House of Representatives and the president of the Senate shall jointly convene the committee.
1544 (6) If the committee is convened as described in Subsection (5), the committee shall
1545 conduct a public meeting to:
1546 (a) discuss the nature of the emergency and conditions of the emergency;
1547 (b) evaluate options for emergency response;
1548 (c) receive testimony from individuals with expertise relevant to the current
1549 emergency;
1550 (d) receive testimony from members of the public; and
1551 (e) provide a recommendation to the Legislature whether to extend the state of
1552 emergency by joint resolution.
1553 Section 24. Section 53-2a-219 is enacted to read:
1554 53-2a-219. Religious practice during a state of emergency.
1555 (1) During a state of emergency declared as described in this chapter:
1556 (a) except as described in Subsection (2), the governor or chief executive officer of a
1557 political subdivision may not impose a restriction on a religious gathering that is more
1558 restrictive than a restriction on any other public gathering; and
1559 (b) an individual, while acting or purporting to act within the course and scope of the
1560 individual's official government capacity, may not:
1561 (i) prevent a religious gathering that is held in a manner consistent with any order or
1562 restriction issued pursuant to this part; or
1563 (ii) impose a penalty for a previous religious gathering that was held in a manner
1564 consistent with any order or restriction issued pursuant to this part.
1565 (2) Notwithstanding Subsection (1), during a state of emergency declared as described
1566 in this chapter, the governor or the chief executive officer of a political subdivision may
1567 impose a restriction on a religious gathering if an element of the religious practice is
1568 demonstrated to create a unique risk that cannot be ameliorated by less-restrictive means.
1569 (3) (a) Upon proper grounds, a court of competent jurisdiction may grant an injunction
1570 to prevent the violation of this section.
1571 (b) A person who violates Subsection (1)(b) is guilty of a class B misdemeanor.
1572 Section 25. Section 53-2a-703 is amended to read:
1573 53-2a-703. Hazardous materials emergency -- Recovery of expenses.
1574 (1) (a) The Hazardous Chemical Emergency Response Commission may recover from
1575 those persons whose negligent actions caused the hazardous materials emergency, expenses
1576 directly associated with a response to a hazardous materials emergency taken under authority of
1577 this part, Title 53, Chapter 2a, Part 1, Emergency Management Act, or Title 53, Chapter 2a,
1578 Part 2, Disaster Response and Recovery Act, that are incurred by:
1579 (i) a state agency;
1580 (ii) a political subdivision as defined in [
1581 or
1582 (iii) an interlocal entity, described in Section 11-13-203, providing emergency services
1583 to a political subdivision pursuant to written agreement.
1584 (b) The payment of expenses under this Subsection (1) is not an admission of liability
1585 or negligence in any legal action for damages.
1586 (c) The Hazardous Chemical Emergency Response Commission may obtain assistance
1587 from the attorney general or a county attorney of the affected jurisdiction to assist in recovering
1588 expenses and legal fees.
1589 (d) Any recovered costs shall be deposited in the General Fund as dedicated credits to
1590 be used by the division to reimburse an entity described in Subsection (1)(a) for costs incurred
1591 by the entity.
1592 (2) (a) If the cost directly associated with emergency response exceeds all available
1593 funds of the division within a given fiscal year, the division, with approval from the governor,
1594 may incur a deficit in its line item budget.
1595 (b) The Legislature shall provide a supplemental appropriation in the following year to
1596 cover the deficit.
1597 (c) The division shall deposit all costs associated with any emergency response that are
1598 collected in subsequent fiscal years into the General Fund.
1599 (3) Any political subdivision may enact local ordinances pursuant to existing statutory
1600 or constitutional authority to provide for the recovery of expenses incurred by the political
1601 subdivision.
1602 Section 26. Section 63G-3-304 is amended to read:
1603 63G-3-304. Emergency rulemaking procedure.
1604 (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301
1605 unless an agency finds that these procedures would:
1606 (a) cause an imminent peril to the public health, safety, or welfare;
1607 (b) cause an imminent budget reduction because of budget restraints or federal
1608 requirements; or
1609 (c) place the agency in violation of federal or state law.
1610 (2) (a) When finding that its rule is excepted from regular rulemaking procedures by
1611 this section, the agency shall file with the office and the members of the Administrative Rules
1612 Review Committee:
1613 (i) the text of the rule; and
1614 (ii) a rule analysis that includes the specific reasons and justifications for its findings.
1615 (b) The office shall publish the rule in the bulletin as provided in Subsection
1616 63G-3-301(4).
1617 (c) The agency shall notify interested persons as provided in Subsection
1618 63G-3-301(10).
1619 (d) [
1620 not exceeding 120 days on the date of filing or any later date designated in the rule.
1621 (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also
1622 comply with the procedures of Section 63G-3-301.
1623 Section 27. Section 63G-3-501 is amended to read:
1624 63G-3-501. Administrative Rules Review Committee.
1625 (1) (a) There is created an Administrative Rules Review Committee of the following
1626 10 permanent members:
1627 (i) five members of the Senate appointed by the president of the Senate, no more than
1628 three of whom may be from the same political party; and
1629 (ii) five members of the House of Representatives appointed by the speaker of the
1630 House of Representatives, no more than three of whom may be from the same political party.
1631 (b) Each permanent member shall serve:
1632 (i) for a two-year term; or
1633 (ii) until the permanent member's successor is appointed.
1634 (c) (i) A vacancy exists when a permanent member ceases to be a member of the
1635 Legislature, or when a permanent member resigns from the committee.
1636 (ii) When a vacancy exists:
1637 (A) if the departing member is a member of the Senate, the president of the Senate
1638 shall appoint a member of the Senate to fill the vacancy; or
1639 (B) if the departing member is a member of the House of Representatives, the speaker
1640 of the House of Representatives shall appoint a member of the House of Representatives to fill
1641 the vacancy.
1642 (iii) The newly appointed member shall serve the remainder of the departing member's
1643 unexpired term.
1644 (d) (i) The president of the Senate shall designate a member of the Senate appointed
1645 under Subsection (1)(a)(i) as a cochair of the committee.
1646 (ii) The speaker of the House of Representatives shall designate a member of the
1647 House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the committee.
1648 (e) Three representatives and three senators from the permanent members are a quorum
1649 for the transaction of business at any meeting.
1650 (f) (i) Subject to Subsection (1)(f)(ii), the committee shall meet at least once each
1651 month to review new agency rules, amendments to existing agency rules, and repeals of
1652 existing agency rules.
1653 (ii) The committee chairs may suspend the meeting requirement described in
1654 Subsection (1)(f)(i) at the committee chairs' discretion.
1655 (2) The office shall submit a copy of each issue of the bulletin to the committee.
1656 (3) (a) The committee shall exercise continuous oversight of the rulemaking process.
1657 (b) The committee shall examine each rule, including any rule made according to the
1658 emergency rulemaking procedure described in Section 63G-3-304, submitted by an agency to
1659 determine:
1660 (i) whether the rule is authorized by statute;
1661 (ii) whether the rule complies with legislative intent;
1662 (iii) the rule's impact on the economy and the government operations of the state and
1663 local political subdivisions;
1664 (iv) the rule's impact on affected persons;
1665 (v) the rule's total cost to entities regulated by the state;
1666 (vi) the rule's benefit to the citizens of the state; and
1667 (vii) whether adoption of the rule requires legislative review or approval.
1668 (c) The committee may examine and review:
1669 (i) any policy made by an agency that was not made using the rulemaking process
1670 described in this chapter but may, in the opinion of the chairs of the committee, have the effect
1671 and applicability of a rule;
1672 (ii) any executive order issued pursuant to Title 53, Chapter 2a, Part 2, Disaster
1673 Response and Recovery Act; or
1674 (iii) any public health order issued during a public health emergency declared in
1675 accordance with Title 26, Utah Health Code, or Title 26A, Local Health Authorities.
1676 [
1677 the committee considers necessary.
1678 (ii) The committee may also notify and refer rules to the chairs of the interim
1679 committee that has jurisdiction over a particular agency when the committee determines that an
1680 issue involved in an agency's rules may be more appropriately addressed by that committee.
1681 [
1682 of statutory construction.
1683 (4) When the committee reviews an existing rule, the committee chairs shall invite the
1684 Senate and House chairs of the standing committee and of the appropriation subcommittee that
1685 have jurisdiction over the agency whose existing rule is being reviewed to participate as
1686 nonvoting, ex officio members with the committee.
1687 (5) The committee may request that the Office of the Legislative Fiscal Analyst prepare
1688 a fiscal note on any rule.
1689 (6) In order to accomplish the committee's functions described in this chapter, the
1690 committee has all the powers granted to legislative interim committees under Section 36-12-11.
1691 (7) (a) The committee may prepare written findings of the committee's review of a rule
1692 or policy and may include any recommendation, including legislative action.
1693 (b) When the committee reviews a rule, the committee shall provide to the agency that
1694 enacted the rule:
1695 (i) the committee's findings, if any; and
1696 (ii) a request that the agency notify the committee of any changes the agency makes to
1697 the rule.
1698 (c) The committee shall provide a copy of the committee's findings, if any, to:
1699 (i) any member of the Legislature, upon request;
1700 (ii) any person affected by the rule, upon request;
1701 (iii) the president of the Senate;
1702 (iv) the speaker of the House of Representatives;
1703 (v) the Senate and House chairs of the standing committee that has jurisdiction over the
1704 agency that made the rule; and
1705 (vi) the Senate and House chairs of the appropriation subcommittee that has
1706 jurisdiction over the agency that made the rule.
1707 (8) (a) (i) The committee may submit a report on the committee's review of state
1708 agency rules to each member of the Legislature at each regular session.
1709 (ii) The report shall include:
1710 (A) any finding or recommendation the committee made under Subsection (7);
1711 (B) any action an agency took in response to a committee recommendation; and
1712 (C) any recommendation by the committee for legislation.
1713 (b) If the committee receives a recommendation not to reauthorize a rule, as described
1714 in Subsection 63G-3-301(13)(b), and the committee recommends to the Legislature
1715 reauthorization of the rule, the committee shall submit a report to each member of the
1716 Legislature detailing the committee's decision.
1717 Section 28. Section 63G-3-502 is amended to read:
1718 63G-3-502. Legislative reauthorization of agency rules -- Extension of rules by
1719 governor.
1720 (1) All grants of rulemaking power from the Legislature to a state agency in any statute
1721 are made subject to the provisions of this section.
1722 (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on
1723 February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized
1724 by the Legislature.
1725 (b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire
1726 if:
1727 (i) the rule is explicitly mandated by a federal law or regulation; or
1728 (ii) a provision of Utah's constitution vests the agency with specific constitutional
1729 authority to regulate.
1730 (3) (a) The Administrative Rules Review Committee shall have omnibus legislation
1731 prepared for consideration by the Legislature during its annual general session.
1732 (b) The omnibus legislation shall be substantially in the following form: "All rules of
1733 Utah state agencies are reauthorized except for the following:".
1734 (c) Before sending the legislation to the governor for the governor's action, the
1735 Administrative Rules Review Committee may send a letter to the governor and to the agency
1736 explaining specifically why the committee believes any rule should not be reauthorized.
1737 (d) For the purpose of this section, the entire rule, a single section, or any complete
1738 paragraph of a rule may be excepted for reauthorization in the omnibus legislation considered
1739 by the Legislature.
1740 (4) (a) The Administrative Rules Review Committee may have legislation prepared for
1741 consideration by the Legislature in the annual general session or a special session regarding any
1742 rule made according to emergency rulemaking procedures described in Section 63G-3-304.
1743 [
1744 legislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative
1745 intent.
1746 [
1747 Legislature or that will be allowed to expire should continue in full force and effect and is a
1748 rule within their authorized rulemaking power, the agency may seek the governor's declaration
1749 extending the rule beyond the expiration date.
1750 (b) In seeking the extension, the agency shall submit a petition to the governor that
1751 affirmatively states:
1752 (i) that the rule is necessary; and
1753 (ii) a citation to the source of its authority to make the rule.
1754 (c) (i) If the governor finds that the necessity does exist, and that the agency has the
1755 authority to make the rule, the governor may declare the rule to be extended by publishing that
1756 declaration in the Administrative Rules Bulletin on or before April 15 of that year.
1757 (ii) The declaration shall set forth the rule to be extended, the reasons the extension is
1758 necessary, and a citation to the source of the agency's authority to make the rule.
1759 (d) If the omnibus bill required by Subsection (3) fails to pass both houses of the
1760 Legislature or is found to have a technical legal defect preventing reauthorization of
1761 administrative rules intended to be reauthorized by the Legislature, the governor may declare
1762 all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin
1763 on or before June 15 without meeting requirements of Subsections [