Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 3005 Second Substitute (2020S3)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 5/11/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• makes legislative findings;
• requires the governor to provide notice to certain legislative branch officers before issuing a declaration of a state of emergency or making other executive orders or actions in response to an epidemic or pandemic disease;
• provides an exemption to the notice requirement if there is an imminent threat of serious injury, loss of life, or harm to property;
• prohibits the governor from suspending the enforcement or application of certain provisions; and
• allows the Legislature to terminate by joint resolution certain executive actions during a state of emergency under certain circumstances.

Every vote on this bill

Bill text

PANDEMIC AND EMERGENCY RESPONSE ACT
THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill requires the governor to notify certain legislative branch members in response
to an epidemic or pandemic disease emergency.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ makes legislative findings;
▸ requires the governor to provide notice to certain legislative branch officers before
issuing a declaration of a state of emergency or making other executive orders or
actions in response to an epidemic or pandemic disease;
▸ provides an exemption to the notice requirement if there is an imminent threat of
serious injury, loss of life, or harm to property;
▸ prohibits the governor from suspending the enforcement or application of certain
provisions; and
▸ allows the Legislature to terminate by joint resolution certain executive actions
during a state of emergency under certain circumstances.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
53-2a-215
, Utah Code Annotated 1953
53-2a-216
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-2a-215
 is enacted to read:
 53-2a-215.
Requirements for an epidemic or pandemic disease emergency
response -- Notice.
(1) As used in this section:
(a) "Epidemic or pandemic disease" means the same as that term is defined in Section
26-23b-102
.
(b) "Executive action" means any of the following actions in response to an epidemic
or pandemic disease:
(i) a declaration of a state of emergency as described in Section 
53-2a-206
;
(ii) an order, a rule, or a regulation made by the governor as described in Section
53-2a-209
;
(iii) an action by the governor to suspend or modify a statute as described in Subsection
53-2a-204
(1)(j); or
(iv) an action by the governor to suspend the enforcement of a statute as described in
Subsection 
53-2a-209
(4).
(c) "Legislative pandemic response team" means:
(i) the speaker of the House of Representatives;
(ii) the president of the Senate;
(iii) the minority leader of the House of Representatives; and
(iv) the minority leader of the Senate.
(2) The Legislature finds and acknowledges that existing and increasing threats of the
occurrence of an epidemic or pandemic disease emergency could greatly affect the health,
safety, and welfare of the people of this state, and subject to provisions of this section, the
Legislature recognizes the important role of the governor to respond to an epidemic or
pandemic disease emergency through executive action.
(3) (a) (i) Except as provided in Subsection (4), and in accordance with Subsection
(3)(b), the governor may not take an executive action in response to an epidemic or pandemic
disease until the governor has provided notice of the proposed action to the legislative
pandemic response team no later than 24 hours before the governor issues the executive action.
(ii) The governor:
(A) shall provide the notice required by Subsection (3)(a)(i) using the best available
method under the circumstances as determined by the governor;
(B) may provide the notice required by Subsection (3)(a)(i) in electronic format; and
(C) shall provide the notice in written form, if practicable.
(b) Except for any conflicting provision in this section, the governor shall comply with
the requirements of this chapter to take an executive action.
(c) If the governor takes executive action in response to an epidemic or pandemic
disease as described in this Subsection (3), the governor is not required to provide:
(i) the notice described in Subsection 
53-2a-209
(4)(a)(v); or
(ii) the report described in Section 
53-2a-210
.
(4) (a) The governor may take executive action in response to an epidemic or pandemic
disease without complying with Subsection (3) only if the governor finds that:
(i) there is an imminent threat of serious bodily injury, loss of life, or substantial harm
to property; and
(ii) compliance with Subsection (3) would increase the threat of serious bodily injury,
loss of life, or substantial harm to property.
(b) If the governor takes executive action in response to an epidemic or pandemic
emergency without complying with the requirements of Subsection (3)(a), the governor shall
provide in the executive action an explanation why the requirements of Subsection (3)(a) were
not met.
(5) This section supersedes any conflicting provisions of Utah law.
(6) Notwithstanding any other provision of law, the governor may not suspend the
application or enforcement of this section.
Section 2. Section 
53-2a-216
 is enacted to read:
 53-2a-216.
Termination of an executive action or directive.
(1) The Legislature may at any time terminate by joint resolution:
(a) an order, a rule, or a regulation made by the governor as described in Section
53-2a-209
;
(b) an action by the governor to suspend the enforcement of a statute as described in
Subsection 
53-2a-209
(4); or
(c) an executive action as described in Section 
53-2a-215
.
(2) Notwithstanding any other provision of law, the governor may not suspend the
application or enforcement of this section.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.