Senator Daniel McCay proposes the following substitute bill:


1     
JOINT RESOLUTION TO TERMINATE PUBLIC HEALTH

2     
ORDERS PERTAINING TO FACE COVERINGS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Daniel McCay

6     
House Sponsor: Candice B. Pierucci

7     

8     LONG TITLE
9     General Description:
10          This resolution terminates public health orders of constraint requiring the wearing of a
11     mask or face covering.
12     Highlighted Provisions:
13          This resolution:
14          ▸     terminates public health orders of constraint that require the wearing of a mask or
15     face covering in Salt Lake County, Summit County, Salt Lake City, or any other
16     place in the state of Utah.
17     Special Clauses:
18          None
19     

20     Be it resolved by the Legislature of the state of Utah:
21          WHEREAS, on March 16, 2020, Mayor Jennifer Wilson of Salt Lake County issued an
22     order declaring a public health state of emergency in Salt Lake County in response to the
23     COVID-19 pandemic;
24          WHEREAS, the Salt Lake County Council has voted numerous times to extend the
25     state of emergency, including the most recent vote on January 11, 2022, to extend the state of

26     emergency until midnight, February 15, 2022;
27          WHEREAS, on January 7, 2022, Mayor Wilson and Dr. Angela C. Dunn, Executive
28     Director of the Salt Lake County Health Department, jointly issued a public health order of
29     constraint "to require every individual living within or visiting Salt Lake County, Utah, to wear
30     a respirator (or until you are able to obtain a respirator, a well-fitting mask or face covering as
31     an alternative) in public spaces while indoors or queueing outdoors...";
32          WHEREAS, on August 21, 2021, Dr. Philip Bondurant, Summit County Health
33     Officer, issued an order declaring a public health state of emergency in Summit County in
34     response to the Delta Variant of COVID-19;
35          WHEREAS, on September 20, 2021, and again on December 31, 2021, the Summit
36     County Council voted to extend the public health state of emergency, with the current
37     expiration date of June 30, 2022;
38          WHEREAS, on January 6, 2022, Summit County and the Summit County Health
39     Department issued a public health order of constraint "to require all individuals living within or
40     visiting Summit County, Utah, to wear Face-Coverings while inside publicly accessed indoor
41     establishments...";
42          WHEREAS, on August 20, 2021, Salt Lake City Mayor Erin Mendenhall declared a
43     local emergency and issued an executive order stating that, "All staff, visitor, members of the
44     public, teachers, and students attending kindergarten through grade 12 at a public, charger, or
45     private school in Salt Lake City, shall be required to wear a face mask...";
46          WHEREAS, Utah Code Section 26A-1-114 empowers the Legislature to "terminate by
47     joint resolution an order of constraint issued by a local health department in response to a
48     declared public health emergency that has been in effect for more than 30 days";
49          WHEREAS, Utah Code Section 53-2a-216 empowers the Legislature to terminate by
50     joint resolution "an order, a rule, ordinance, or action by a chief executive officer of a county or
51     municipality as described in Section 53-2a-205 in response to a state of emergency that has
52     been in effect for more than 30 days":
53          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah does
54     not concede or confirm the validity of a state of emergency in Salt Lake County, Summit
55     County, or Salt Lake City declared pursuant to Title 53, Chapter 2a, Emergency Management
56     Act.

57          BE IT FURTHER RESOLVED that the Legislature does not concede or confirm the
58     validity of a public health emergency in Salt Lake County or Summit County declared pursuant
59     to Title 26A, Chapter 1, Local Health Departments.
60          BE IT FURTHER RESOLVED that the Legislature hereby terminates the public health
61     order of constraint dated January 7, 2022, signed by Mayor Jennifer Wilson and Director
62     Angela C. Dunn, requiring the wearing of a mask or face covering in Salt Lake County.
63          BE IT FURTHER RESOLVED that the Legislature hereby terminates the public health
64     order of constraint dated January 6, 2022, signed by Thomas C. Fisher, Summit County
65     Manager, and Dr. Philip Bondurant, Summit County Health Officer, requiring the wearing of a
66     mask or face covering in Summit County.
67          BE IT FURTHER RESOLVED that the Legislature hereby terminates the executive
68     order of Mayor Erin Mendenhall dated August 20, 2021, requiring the wearing of a mask or
69     face covering in K-12 schools in Salt Lake City;
70          BE IT FURTHER RESOLVED that the Legislature hereby terminates any other public
71     health order of constraint issued or in effect in the state as of the date of this resolution that
72     requires the wearing of a mask or face covering.
73          BE IT FURTHER RESOLVED that the Legislature prospectively terminates any public
74     health order of constraint requiring the wearing of a mask or face covering during the period
75     between the date of this resolution and April 1, 2022.