Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 294 Fourth Substitute (2021GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/24/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides for the termination of certain emergency powers and public health orders related to COVID-19 upon reaching certain thresholds of positivity rates, case rates, intensive care facility capacities, and vaccine doses;
• allows health and safety measures in a K-12 school under certain circumstances;
• allows a local health department, with approval from the county legislative body, to take certain health and safety measures;
• allows a public health emergency declared by the Department of Health or a local health department to remain in effect;
• allows the governor and the Department of Health to issue a public health order related to the distribution of COVID-19 vaccines;
• provides an automatic repeal date; and
• makes technical changes.

Every vote on this bill

Bill text

PANDEMIC EMERGENCY POWERS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Derrin R. Owens
Cosponsors:
Cheryl K. Acton
Carl R. Albrecht
Melissa G. Ballard
Stewart E. Barlow
Walt Brooks
Scott H. Chew
Matthew H. Gwynn
Stephen G. Handy
Dan N. Johnson
Marsha Judkins
Karianne Lisonbee
Kelly B. Miles
Merrill F. Nelson
Candice B. Pierucci
Adam Robertson
Douglas V. Sagers
Rex P. Shipp
V. Lowry Snow
Keven J. Stratton
Christine F. Watkins
LONG TITLE
General Description:
This bill provides for the termination of emergency powers and certain public health
orders related to COVID-19 upon reaching certain thresholds of positivity rates,
vaccination, and other criteria.
Highlighted Provisions:
This bill:
▸ provides for the termination of certain emergency powers and public health orders
related to COVID-19 upon reaching certain thresholds of positivity rates, case rates,
intensive care facility capacities, and vaccine doses;
▸ allows health and safety measures in a K-12 school under certain circumstances;
▸ allows a local health department, with approval from the county legislative body, to
take certain health and safety measures;
▸ allows a public health emergency declared by the Department of Health or a local
health department to remain in effect;
▸ allows the governor and the Department of Health to issue a public health order
related to the distribution of COVID-19 vaccines;
▸ provides an automatic repeal date; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-226
, as last amended by Laws of Utah 2020, Chapters 154, 187, 215, and 354
63I-2-253
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
ENACTS:
26-6-33
, Utah Code Annotated 1953
26A-1-130
, Utah Code Annotated 1953
53-2a-218
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-6-33
 is enacted to read:
 26-6-33.
Termination of public health emergency powers pertaining to
COVID-19.
(1) As used in this section:
(a) "COVID-19" means:
(i) severe acute respiratory syndrome coronavirus 2; or
(ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
(b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(2) Except as provided in Subsections (3), (4), and (5), any public health order in effect
pertaining to any response to COVID-19 and the COVID-19 emergency issued pursuant to a
public health emergency declared by the Department of Health or a local health department is
terminated on the day on which the following thresholds are met:
(a) the state's 14-day case rate is less than 191 per 100,000 people;
(b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and
(c) the Department of Health provides notice that 1,633,000 prime doses of a
COVID-19 vaccine have been allocated to the state.
(3) (a) Subject to Subsection (3)(b), a public health order issued by the Department of
Health issued pursuant to a public health emergency declared by the Department of Health
pertaining to response to COVID-19 and the COVID-19 emergency that pertains to public
health safety measures in a K-12 school may remain in place.
(b) A public health order or health and safety requirement described in Subsection
(3)(a) shall be terminated no later than July 1, 2021.
(4) (a) Except as provided in Subsection (4)(b) or (c), a public health order issued by
the Department of Health pertaining to a statewide mask requirement in response to the
COVID-19 emergency is terminated on April 10, 2021.
(b) Notwithstanding Subsection (4)(a), but subject to Subsection (4)(d), a public health
order pertaining to the wearing of a mask issued by the Department of Health may remain in
effect if:
(i) the mask requirement pertains only to a gathering of 50 or more people; and
(ii) an individual at the gathering of 50 or more people is unable to physically distance
at least six feet from another individual who is not a member of the individual's party.
(c) Subject to Subsection (4)(d), a local health department, with approval from the
relevant county legislative body, may issue a public health order requiring the wearing of a
mask.
(d) A public health order described in Subsection (4)(b) or (c) is terminated on the date
the thresholds described in Subsection (2) are met.
(5) Notwithstanding Subsections (2), (3), or (4):
(a) a declaration of a public health emergency issued by the Department of Health in
response to COVID-19 or the COVID-19 emergency may remain in effect; and
(b) the governor and the Department of Health may issue a public health order related
to the distribution of COVID-19 vaccines.
Section 2. Section 
26A-1-130
 is enacted to read:
 26A-1-130.
Termination of local public health emergency powers pertaining to
COVID-19.
(1) As used in this section:
(a) "COVID-19" means:
(i) severe acute respiratory syndrome coronavirus 2; or
(ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
(b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(2) Except as provided in Subsections (3), (4), and (5), any public health order in effect
pertaining to any response to COVID-19 and the COVID-19 emergency issued pursuant to a
public health emergency declared by the Department of Health or a local health department is
terminated on the day on which the following thresholds are met:
(a) the state's 14-day case rate is less than 191 per 100,000 people;
(b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and
(c) the Department of Health provides notice that 1,633,000 prime doses of a
COVID-19 vaccine have been allocated to the state.
(3) (a) Subject to Subsection (3)(b), a public health order issued by the Department of
Health or a local health department issued pursuant to a public health emergency declared by
the Department of Health or a local health department pertaining to response to COVID-19 and
the COVID-19 emergency that pertains to public health safety measures in a K-12 school may
remain in place.
(b) A public health order or health and safety requirement described in Subsection
(3)(a) shall be terminated no later than July 1, 2021.
(4) (a) Except as provided in Subsection (4)(b) or (c), a public health order issued by
the Department of Health or a local health department pertaining to a statewide mask
requirement in response to the COVID-19 emergency is terminated on April 10, 2021.
(b) Notwithstanding Subsection (4)(a), but subject to Subsection (4)(d), a public health
order pertaining to the wearing of a mask issued by the Department of Health or a local health
department may remain in effect if:
(i) the mask requirement pertains only to a gathering of 50 or more people; and
(ii) an individual at the gathering of 50 or more people is unable to physically distance
at least six feet from another individual who is not a member of the individual's party.
(c) Subject to Subsection (4)(d), a local health department, with approval from the
relevant county legislative body, may issue a public health order requiring the wearing of a
mask.
(d) A public health order described in Subsection (4)(b) or (c) is terminated on the date
the thresholds described in Subsection (2) are met.
(5) Notwithstanding Subsections (2), (3), or (4):
(a) a declaration of a public health emergency issued by the Department of Health or a
local health department in response to COVID-19 or the COVID-19 emergency may remain in
effect; and
(b) the governor, the Department of Health, or a local health department may issue a
public health order related to the distribution of COVID-19 vaccines.
Section 3. Section 
53-2a-218
 is enacted to read:
 53-2a-218.
Termination of emergency powers pertaining to COVID-19.
(1) As used in this section:
(a) "COVID-19" means:
(i) severe acute respiratory syndrome coronavirus 2; or
(ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
(b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(2) Except as provided in Subsections (3), (4), and (5), a state of emergency and any
executive order issued pursuant to this part pertaining to any response to COVID-19 and the
COVID-19 emergency is terminated on the day on which the following thresholds are met:
(a) the state's 14-day case rate is less than 191 per 100,000 people;
(b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and
(c) the Department of Health provides notice that 1,633,000 prime doses of a
COVID-19 vaccine have been allocated to the state.
(3) (a) Subject to Subsection (3)(b), a public health order issued by the Department of
Health or a local health department issued pursuant to a public health emergency declared by
the Department of Health or a local health department pertaining to response to COVID-19 and
the COVID-19 emergency that pertains to public health safety measures in a K-12 school may
remain in place.
(b) A public health order or health and safety requirement described in Subsection
(3)(a) shall be terminated no later than July 1, 2021.
(4) (a) Except as provided in Subsection (4)(b) or (c), a public health order issued by
the Department of Health or a local health department pertaining to a statewide mask
requirement in response to the COVID-19 emergency is terminated on April 10, 2021.
(b) Notwithstanding Subsection (4)(a), but subject to Subsection (4)(d), a public health
order pertaining to the wearing of a mask issued by the Department of Health or a local health
department may remain in effect if:
(i) the mask requirement pertains only to a gathering of 50 or more people; and
(ii) an individual at the gathering of 50 or more people is unable to physically distance
at least six feet from another individual who is not a member of the individual's party.
(c) Subject to Subsection (4)(d), a local health department, with approval from the
relevant county legislative body, may issue a public health order requiring the wearing of a
mask.
(d) A public health order described in Subsection (4)(b) or (c) is terminated on the date
the thresholds described in Subsection (2) are met.
(5) Notwithstanding Subsections (2), (3), or (4):
(a) a declaration of a public health emergency issued by the Department of Health or a
local health department in response to COVID-19 or the COVID-19 emergency may remain in
effect; and
(b) the governor, the Department of Health, or a local health department may issue a
public health order related to the distribution of COVID-19 vaccines.
Section 4. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates, Title 26.
(1) Subsection 
26-1-7
(1)(c), in relation to the Air Ambulance Committee, is repealed
July 1, 2024.
(2) Section 
26-6-33
, in relation to termination of public health emergency powers
pertaining to COVID-19, is repealed on July 1, 2021.
[
(2)
] 
(3)
 Subsection 
26-7-8
(3) is repealed January 1, 2027.
[
(3)
] 
(4)
 Section 
26-8a-107
 is repealed July 1, 2024.
[
(4)
] 
(5)
 Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
[
(5)
] 
(6)
 Section 
26-8a-211
 is repealed July 1, 2023.
[
(6)
] 
(7)
 In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
26-8a-602
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer; and".
[
(7)
] 
(8)
 Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
[
(8)
] 
(9)
 Subsection 
26-18-411
(8), related to reporting on the health coverage
improvement program, is repealed January 1, 2023.
[
(9)
] 
(10)
 Subsection 
26-18-420
(5), related to reporting on coverage for in vitro
fertilization and genetic testing, is repealed July 1, 2030.
[
(10)
] 
(11)
 Subsection 
26-21-28
(2)(b) is repealed January 1, 2021.
[
(11)
] 
(12)
 In relation to the Air Ambulance Committee, July 1, 2024, Subsection
26-21-32
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer; and".
[
(12)
] 
(13)
 Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
[
(13)
] 
(14)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(14)
] 
(15)
 Subsection 
26-55-107
(8) is repealed January 1, 2021.
[
(15)
] 
(16)
 Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
[
(16)
] 
(17)
 Subsection 
26-61-202
(5) is repealed January 1, 2022.
(18) Section 
26A-1-130
, in relation to termination of public health emergency powers
pertaining to COVID-19, is repealed on July 1, 2021.
Section 5. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
(1) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(2) Section 
53-2a-218
, in relation to termination of emergency powers pertaining to
COVID-19, is repealed on July 1, 2021.
[
(2)
] 
(3)
 Section 
53B-2a-103
 is repealed July 1, 2021.
[
(3)
] 
(4)
 Section 
53B-2a-104
 is repealed July 1, 2021.
[
(4)
] 
(5)
 (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(5)
] 
(6)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(6)
] 
(7)
 (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
[
(7)
] 
(8)
 (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as
provided in Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
[
(8)
] 
(9)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(9)
] 
(10)
 (a) The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(10)
] 
(11)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(11)
] 
(12)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023.
[
(12)
] 
(13)
 Section 
53E-3-519
 regarding school counselor services is repealed July 1,
2020.
[
(13)
] 
(14)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(14)
] 
(15)
 Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school
performance and continued funding relating to the School Recognition and Reward Program, is
repealed July 1, 2020.
[
(15)
] 
(16)
 Section 
53E-5-307
 is repealed July 1, 2020.
[
(16)
] 
(17)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(17)
] 
(18)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(18)
] 
(19)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(19)
] 
(20)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(20)
] 
(21)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(21)
] 
(22)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(23)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(24)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(24)
] 
(25)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(25)
] 
(26)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(7),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(26)
] 
(27)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 6. 
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.