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7 LONG TITLE
8 General Description:
9 This bill excludes state facilities and the capitol hill complex from the authority and
10 jurisdiction of a local health department.
11 Highlighted Provisions:
12 This bill:
13 ▸ excludes state facilities and the capitol hill complex from the authority and
14 jurisdiction of a local health department;
15 ▸ limits the applicability of a public health order or order of constraint issued by a
16 local health department;
17 ▸ prohibits a chief executive officer of a municipality from exercising emergency
18 powers in response to a pandemic, an epidemic, or a public health emergency;
19 ▸ enacts a provision indicating that the Disaster Response and Recovery Act preempts
20 and supersedes any law of a political subdivision of the state pertaining to disaster
21 and emergency response; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides a special effective date.
27 Utah Code Sections Affected:
28 AMENDS:
29 26A-1-108, as last amended by Laws of Utah 2018, Chapter 256
30 26A-1-114, as last amended by Laws of Utah 2021, Chapter 437
31 53-2a-102, as last amended by Laws of Utah 2021, Chapter 106
32 53-2a-205, as last amended by Laws of Utah 2021, Chapter 437
33 53-2a-208, as last amended by Laws of Utah 2021, Chapter 437
34 53-2a-213, as renumbered and amended by Laws of Utah 2013, Chapter 295
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 26A-1-108 is amended to read:
38 26A-1-108. Jurisdiction and duties of local health departments -- Registration as
39 a limited purpose entity.
40 (1) (a) [
41 jurisdiction in all unincorporated and incorporated areas of the county or counties in which it
42 is established and shall enforce state health laws, Department of Health, Department of
43 Environmental Quality, and local health department rules, regulations, and standards within
44 those areas.
45 (b) Notwithstanding Subsection (1)(a), a local health department does not have
46 jurisdiction over any facility, property, or area owned by the state, including the capitol hill
47 complex, as that term is defined in Section 63C-9-102.
48 (2) (a) Each local health department shall register and maintain the local health
49 department's registration as a limited purpose entity, in accordance with Section 67-1a-15.
50 (b) A local health department that fails to comply with Subsection (2)(a) or Section
51 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
52 Section 2. Section 26A-1-114 is amended to read:
53 26A-1-114. Powers and duties of departments.
54 (1) Subject to Subsections (7) [
55 (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
56 department rules, and local health department standards and regulations relating to public
57 health and sanitation, including the plumbing code administered by the Division of
58 Occupational and Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction
59 Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification
60 Act, in all incorporated and unincorporated areas served by the local health department;
61 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
62 control over property and over individuals as the local health department finds necessary for
63 the protection of the public health;
64 (c) establish and maintain medical, environmental, occupational, and other laboratory
65 services considered necessary or proper for the protection of the public health;
66 (d) establish and operate reasonable health programs or measures not in conflict with
67 state law which:
68 (i) are necessary or desirable for the promotion or protection of the public health and
69 the control of disease; or
70 (ii) may be necessary to ameliorate the major risk factors associated with the major
71 causes of injury, sickness, death, and disability in the state;
72 (e) close theaters, schools, and other public places and prohibit gatherings of people
73 when necessary to protect the public health;
74 (f) abate nuisances or eliminate sources of filth and infectious and communicable
75 diseases affecting the public health and bill the owner or other person in charge of the premises
76 upon which this nuisance occurs for the cost of abatement;
77 (g) make necessary sanitary and health investigations and inspections on its own
78 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
79 as to any matters affecting the public health;
80 (h) pursuant to county ordinance or interlocal agreement:
81 (i) establish and collect appropriate fees for the performance of services and operation
82 of authorized or required programs and duties;
83 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
84 property, services, or materials for public health purposes; and
85 (iii) make agreements not in conflict with state law which are conditional to receiving a
86 donation or grant;
87 (i) prepare, publish, and disseminate information necessary to inform and advise the
88 public concerning:
89 (i) the health and wellness of the population, specific hazards, and risk factors that may
90 adversely affect the health and wellness of the population; and
91 (ii) specific activities individuals and institutions can engage in to promote and protect
92 the health and wellness of the population;
93 (j) investigate the causes of morbidity and mortality;
94 (k) issue notices and orders necessary to carry out this part;
95 (l) conduct studies to identify injury problems, establish injury control systems,
96 develop standards for the correction and prevention of future occurrences, and provide public
97 information and instruction to special high risk groups;
98 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
99 within the jurisdiction of the boards;
100 (n) cooperate with the state health department, the Department of Corrections, the
101 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
102 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
103 convicted sexual offenders, and any victims of a sexual offense;
104 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108; and
105 (p) provide public health assistance in response to a national, state, or local emergency,
106 a public health emergency as defined in Section 26-23b-102, or a declaration by the President
107 of the United States or other federal official requesting public health-related activities.
108 (2) The local health department shall:
109 (a) establish programs or measures to promote and protect the health and general
110 wellness of the people within the boundaries of the local health department;
111 (b) investigate infectious and other diseases of public health importance and implement
112 measures to control the causes of epidemic and communicable diseases and other conditions
113 significantly affecting the public health which may include involuntary testing of alleged sexual
114 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims
115 of sexual offenses for HIV infection pursuant to Section 76-5-503;
116 (c) cooperate with the department in matters pertaining to the public health and in the
117 administration of state health laws; and
118 (d) coordinate implementation of environmental programs to maximize efficient use of
119 resources by developing with the Department of Environmental Quality a Comprehensive
120 Environmental Service Delivery Plan which:
121 (i) recognizes that the Department of Environmental Quality and local health
122 departments are the foundation for providing environmental health programs in the state;
123 (ii) delineates the responsibilities of the department and each local health department
124 for the efficient delivery of environmental programs using federal, state, and local authorities,
125 responsibilities, and resources;
126 (iii) provides for the delegation of authority and pass through of funding to local health
127 departments for environmental programs, to the extent allowed by applicable law, identified in
128 the plan, and requested by the local health department; and
129 (iv) is reviewed and updated annually.
130 (3) The local health department has the following duties regarding public and private
131 schools within its boundaries:
132 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
133 persons attending public and private schools;
134 (b) exclude from school attendance any person, including teachers, who is suffering
135 from any communicable or infectious disease, whether acute or chronic, if the person is likely
136 to convey the disease to those in attendance; and
137 (c) (i) make regular inspections of the health-related condition of all school buildings
138 and premises;
139 (ii) report the inspections on forms furnished by the department to those responsible for
140 the condition and provide instructions for correction of any conditions that impair or endanger
141 the health or life of those attending the schools; and
142 (iii) provide a copy of the report to the department at the time the report is made.
143 (4) If those responsible for the health-related condition of the school buildings and
144 premises do not carry out any instructions for corrections provided in a report in Subsection
145 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
146 persons responsible.
147 (5) The local health department may exercise incidental authority as necessary to carry
148 out the provisions and purposes of this part.
149 (6) Nothing in this part may be construed to authorize a local health department to
150 enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
151 monoxide detector in a residential dwelling against anyone other than the occupant of the
152 dwelling.
153 (7) (a) Except as provided in Subsection (7)(c), a local health department may not
154 declare a public health emergency or issue an order of constraint until the local health
155 department has provided notice of the proposed action to the chief executive officer of the
156 relevant county no later than 24 hours before the local health department issues the order or
157 declaration.
158 (b) The local health department:
159 (i) shall provide the notice required by Subsection (7)(a) using the best available
160 method under the circumstances as determined by the local health department;
161 (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
162 (iii) shall provide the notice in written form, if practicable.
163 (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
164 public health emergency or issue an order of constraint without approval of the chief executive
165 officer of the relevant county if the passage of time necessary to obtain approval of the chief
166 executive officer of the relevant county as required in Subsection (7)(a) would substantially
167 increase the likelihood of loss of life due to an imminent threat.
168 (ii) If a local health department declares a public health emergency or issues an order
169 of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
170 chief executive officer of the relevant county before issuing the order of constraint.
171 (iii) The chief executive officer of the relevant county may terminate a declaration of a
172 public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
173 within 72 hours of declaration of the public health emergency or issuance of the order of
174 constraint.
175 (d) The relevant county governing body may at any time terminate a public health
176 emergency or an order of constraint issued by the local health department by majority vote of
177 the county governing body in response to a declared public health emergency.
178 (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
179 a local health department expires at the earliest of:
180 (i) the local health department or the chief executive officer of the relevant county
181 finding that the threat or danger has passed or the public health emergency reduced to the
182 extent that emergency conditions no longer exist;
183 (ii) 30 days after the date on which the local health department declared the public
184 health emergency; or
185 (iii) the day on which the public health emergency is terminated by majority vote of the
186 county governing body.
187 (b) (i) The relevant county legislative body, by majority vote, may extend a public
188 health emergency for a time period designated by the county legislative body.
189 (ii) If the county legislative body extends a public health emergency as described in
190 Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
191 legislative body.
192 (c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
193 local health department expires as described in Subsection (8)(a), the local health department
194 may not declare a public health emergency for the same illness or occurrence that precipitated
195 the previous public health emergency declaration.
196 (d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
197 health department finds that exigent circumstances exist, after providing notice to the county
198 legislative body, the department may declare a new public health emergency for the same
199 illness or occurrence that precipitated a previous public health emergency declaration.
200 (ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
201 accordance with Subsection (8)(a) or (b).
202 (e) For a public health emergency declared by a local health department under this
203 chapter or under Title 26, Chapter 23b, Detection of Public Health Emergencies Act, the
204 Legislature may terminate by joint resolution a public health emergency that was declared
205 based on exigent circumstances or that has been in effect for more than 30 days.
206 (f) If the Legislature or county legislative body terminates a public health emergency
207 declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
208 department may not declare a new public health emergency for the same illness, occurrence, or
209 exigent circumstances.
210 (9) (a) During a public health emergency declared under this chapter or under Title 26,
211 Chapter 23b, Detection of Public Health Emergencies Act:
212 (i) except as provided in Subsection (9)(b), a local health department may not issue an
213 order of constraint without approval of the chief executive officer of the relevant county;
214 (ii) the Legislature may at any time terminate by joint resolution an order of constraint
215 issued by a local health department in response to a declared public health emergency that has
216 been in effect for more than 30 days; and
217 (iii) a county governing body may at any time terminate by majority vote of the
218 governing body an order of constraint issued by a local health department in response to a
219 declared public health emergency.
220 (b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
221 order of constraint without approval of the chief executive officer of the relevant county if the
222 passage of time necessary to obtain approval of the chief executive officer of the relevant
223 county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
224 life due to an imminent threat.
225 (ii) If a local health department issues an order of constraint as described in Subsection
226 (9)(b), the local health department shall notify the chief executive officer of the relevant county
227 before issuing the order of constraint.
228 (iii) The chief executive officer of the relevant county may terminate an order of
229 constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
230 constraint.
231 (c) (i) For a local health department that serves more than one county, the approval
232 described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
233 of constraint is applicable.
234 (ii) For a local health department that serves more than one county, a county governing
235 body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
236 county served by the county governing body.
237 (10) (a) During a public health emergency declared as described in this title:
238 (i) the department or a local health department may not impose an order of constraint
239 on a religious gathering that is more restrictive than an order of constraint that applies to any
240 other relevantly similar gathering; and
241 (ii) an individual, while acting or purporting to act within the course and scope of the
242 individual's official department or local health department capacity, may not:
243 (A) prevent a religious gathering that is held in a manner consistent with any order of
244 constraint issued pursuant to this title; or
245 (B) impose a penalty for a previous religious gathering that was held in a manner
246 consistent with any order of constraint issued pursuant to this title.
247 (b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
248 prevent the violation of this Subsection (10).
249 (c) During a public health emergency declared as described in this title, the department
250 or a local health department shall not issue a public health order or impose or implement a
251 regulation that substantially burdens an individual's exercise of religion unless the department
252 or local health department demonstrates that the application of the burden to the individual:
253 (i) is in furtherance of a compelling government interest; and
254 (ii) is the least restrictive means of furthering that compelling government interest.
255 (d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
256 department shall allow reasonable accommodations for an individual to perform or participate
257 in a religious practice or rite.
258 (11) (a) A local health department does not have authority to enforce state laws, local
259 ordinances, department rules, and local health department standards and regulations relating to
260 public health and sanitation at a facility, property, or area owned by the state, including the
261 capitol hill complex, as that term is defined in Section 63C-9-102.
262 (b) A public health order or an order of constraint issued by a local health department
263 does not apply to a facility, property, or area owned by the state, including the capitol hill
264 complex, as that term is defined in Section 63C-9-102.
265 Section 3. Section 53-2a-102 is amended to read:
266 53-2a-102. Definitions.
267 As used in this chapter:
268 (1) "Alerting authority" means a political subdivision that has received access to send
269 alerts through the Integrated Public Alert and Warning System.
270 (2) "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or
271 chemical warfare action against the United States of America or this state.
272 (3) "Commissioner" means the commissioner of the Department of Public Safety or the
273 commissioner's designee.
274 (4) "Director" means the division director appointed under Section 53-2a-103 or the
275 director's designee.
276 (5) "Disaster" means an event that:
277 (a) causes, or threatens to cause, loss of life, human suffering, public or private
278 property damage, or economic or social disruption resulting from attack, internal disturbance,
279 natural phenomena, or technological hazard; and
280 (b) requires resources that are beyond the scope of local agencies in routine responses
281 to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
282 require response by government, not-for-profit, or private entities.
283 (6) "Division" means the Division of Emergency Management created in Section
284 53-2a-103.
285 (7) "Emergency manager" means an individual designated as the emergency manager
286 for a political subdivision as described in Section 53-2a-1402.
287 (8) "Energy" includes the energy resources defined in this chapter.
288 (9) "Expenses" means actual labor costs of government and volunteer personnel, and
289 materials.
290 (10) "Hazardous materials emergency" means a sudden and unexpected release of any
291 substance that because of its quantity, concentration, or physical, chemical, or infectious
292 characteristics presents a direct and immediate threat to public safety or the environment and
293 requires immediate action to mitigate the threat.
294 (11) "Internal disturbance" means a riot, prison break, terrorism, or strike.
295 (12) "IPAWS" means the Integrated Public Alert and Warning System administered by
296 the Federal Emergency Management Agency.
297 (13) "Municipality" means the same as that term is defined in Section 10-1-104.
298 (14) "Natural phenomena" means any earthquake, tornado, storm, flood, landslide,
299 avalanche, forest or range fire, or drought[
300 (15) "Officer" means a person who is elected or appointed to an office or position
301 within a political subdivision.
302 (16) "Political subdivision" means the same as that term is defined in Section
303 11-61-102.
304 (17) "State of emergency" means a condition in any part of this state that requires state
305 government emergency assistance to supplement the local efforts of the affected political
306 subdivision to save lives and to protect property, public health, welfare, or safety in the event
307 of a disaster, or to avoid or reduce the threat of a disaster.
308 (18) "Technological hazard" means any hazardous materials accident, mine accident,
309 train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
310 (19) "Terrorism" means activities or the threat of activities that:
311 (a) involve acts dangerous to human life;
312 (b) are a violation of the criminal laws of the United States or of this state; and
313 (c) to a reasonable person, would appear to be intended to:
314 (i) intimidate or coerce a civilian population;
315 (ii) influence the policy of a government by intimidation or coercion; or
316 (iii) affect the conduct of a government by mass destruction, assassination, or
317 kidnapping.
318 (20) "Urban search and rescue" means the location, extrication, and initial medical
319 stabilization of victims trapped in a confined space as the result of a structural collapse,
320 transportation accident, mining accident, or collapsed trench.
321 Section 4. Section 53-2a-205 is amended to read:
322 53-2a-205. Authority of chief executive officers of political subdivisions --
323 Ordering of evacuations.
324 (1) (a) In order to protect life and property when a state of emergency or local
325 emergency has been declared, subject to limitation by the Legislature as described in
326 Subsection 53-2a-206(5), and subject to Section 53-2a-216, the chief executive officer of each
327 political subdivision of the state is authorized to:
328 (i) carry out, in the chief executive officer's jurisdiction, the measures as may be
329 ordered by the governor under this part; and
330 (ii) take any additional measures the chief executive officer may consider necessary,
331 subject to the limitations and provisions of this part.
332 (b) The chief executive officer may not take an action that is inconsistent with any
333 order, rule, regulation, or action of the governor.
334 (c) A chief executive officer of a municipality may not exercise powers under this
335 chapter to respond to an epidemic, a pandemic, or another public health emergency.
336 (2) Subject to Section 53-2a-216, when a state of emergency or local emergency is
337 declared, the authority of the chief executive officer includes:
338 (a) utilizing all available resources of the political subdivision as reasonably necessary
339 to manage a state of emergency or local emergency;
340 (b) employing measures and giving direction to local officers and agencies which are
341 reasonable and necessary for the purpose of securing compliance with the provisions of this
342 part and with orders, rules, and regulations made under this part;
343 (c) if necessary for the preservation of life, issuing an order for the evacuation of all or
344 part of the population from any stricken or threatened area within the political subdivision;
345 (d) recommending routes, modes of transportation, and destinations in relation to an
346 evacuation;
347 (e) suspending or limiting the sale, dispensing, or transportation of alcoholic beverages,
348 explosives, and combustibles in relation to an evacuation, except that the chief executive
349 officer may not restrict the lawful bearing of arms;
350 (f) controlling ingress and egress to and from a disaster area, controlling the movement
351 of persons within a disaster area, and ordering the occupancy or evacuation of premises in a
352 disaster area;
353 (g) clearing or removing debris or wreckage that may threaten public health, public
354 safety, or private property from publicly or privately owned land or waters, except that where
355 there is no immediate threat to public health or safety, the chief executive officer shall not
356 exercise this authority in relation to privately owned land or waters unless:
357 (i) the owner authorizes the employees of designated local agencies to enter upon the
358 private land or waters to perform any tasks necessary for the removal or clearance; and
359 (ii) the owner provides an unconditional authorization for removal of the debris or
360 wreckage and agrees to indemnify the local and state government against any claim arising
361 from the removal; and
362 (h) invoking the provisions of any mutual aid agreement entered into by the political
363 subdivision.
364 (3) (a) If the chief executive is unavailable to issue an order for evacuation under
365 Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area may issue
366 an urgent order for evacuation, for a period not to exceed 36 hours, if the order is necessary for
367 the preservation of life.
368 (b) The chief executive officer may ratify, modify, or revoke the chief law enforcement
369 officer's order.
370 (4) Notice of an order or the ratification, modification, or revocation of an order issued
371 under this section shall be:
372 (a) given to the persons within the jurisdiction by the most effective and reasonable
373 means available; and
374 (b) filed in accordance with Subsection 53-2a-209(1).
375 Section 5. Section 53-2a-208 is amended to read:
376 53-2a-208. Local emergency -- Declarations -- Termination of a local emergency.
377 (1) (a) [
378 municipality or county may declare by proclamation a state of emergency if the chief executive
379 officer finds:
380 [
381 an area of the municipality or county; and
382 [
383 response and recovery efforts of the municipality or county.
384 (b) A chief executive officer of a municipality may not declare by proclamation a state
385 of emergency in response to an epidemic, a pandemic, or another public health emergency.
386 (2) A declaration of a local emergency:
387 (a) constitutes an official recognition that a disaster situation exists within the affected
388 municipality or county;
389 (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
390 from other political subdivisions or from the state or federal government;
391 (c) activates the response and recovery aspects of any and all applicable local disaster
392 emergency plans; and
393 (d) authorizes the furnishing of aid and assistance in relation to the proclamation.
394 (3) A local emergency proclamation issued under this section shall state:
395 (a) the nature of the local emergency;
396 (b) the area or areas that are affected or threatened; and
397 (c) the conditions which caused the emergency.
398 (4) The emergency declaration process within the state shall be as follows:
399 (a) a city, town, or metro township shall declare to the county;
400 (b) a county shall declare to the state;
401 (c) the state shall declare to the federal government; and
402 (d) a tribe, as defined in Section 23-13-12.5, shall declare as determined under the
403 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.
404 (5) Nothing in this part affects:
405 (a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
406 (b) the duties, requests, reimbursements, or other actions taken by a political
407 subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
408 Part 3, Statewide Mutual Aid Act.
409 (6) (a) Except as provided in Subsection (6)(b), a state of emergency described in
410 Subsection (1) expires the earlier of:
411 (i) the day on which the chief executive officer finds that:
412 (A) the threat or danger has passed;
413 (B) the disaster reduced to the extent that emergency conditions no longer exist; or
414 (C) the municipality or county no longer requires state government assistance to
415 supplement the response and recovery efforts of the municipality or county;
416 (ii) 30 days after the day on which the chief executive officer declares the state of
417 emergency; or
418 (iii) the day on which the legislative body of the municipality or county terminates the
419 state of emergency by majority vote.
420 (b) (i) (A) The legislative body of a municipality may at any time terminate by majority
421 vote a state of emergency declared by the chief executive officer of the municipality.
422 (B) The legislative body of a county may at any time terminate by majority vote a state
423 of emergency declared by the chief executive officer of the county.
424 (ii) The legislative body of a municipality or county may by majority vote extend a
425 state of emergency for a time period stated in the motion.
426 (iii) If the legislative body of a municipality or county extends a state of emergency in
427 accordance with this subsection, the state of emergency expires on the date designated by the
428 legislative body in the motion.
429 (c) Except as provided in Subsection (7), after a state of emergency expires in
430 accordance with this Subsection (6), the chief executive officer may not declare a new state of
431 emergency in response to the same disaster or occurrence as the expired state of emergency.
432 (7) (a) After a state of emergency expires in accordance with Subsection [
433 chief executive officer may declare a new state of emergency in response to the same disaster
434 or occurrence as the expired state of emergency, if the chief executive officer finds that exigent
435 circumstances exist.
436 (b) A state of emergency declared in accordance with Subsection (7)(a) expires in
437 accordance with Subsections (6)(a) and (b).
438 (c) After a state of emergency declared in accordance with Subsection (7)(a) expires,
439 the chief executive officer may not declare a new state of emergency in response to the same
440 disaster or occurrence as the expired state of emergency, regardless of whether exigent
441 circumstances exist.
442 Section 6. Section 53-2a-213 is amended to read:
443 53-2a-213. Authority additional to other emergency authority.
444 (1) The special disaster emergency authority vested in the governor and political
445 subdivisions of the state pursuant to this part shall be in addition to, and not in lieu of, any
446 other emergency authority otherwise constitutionally or statutorily vested in the governor and
447 political subdivisions of the state.
448 (2) The provisions of this chapter supersede and preempt any provision of law of a
449 political subdivision of the state pertaining to disaster and emergency response.
450 Section 7. Effective date.
451 If approved by two-thirds of all the members elected to each house, this bill takes effect
452 upon approval by the governor, or the day following the constitutional time limit of Utah
453 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
454 the date of veto override.