Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 195 Third Substitute (2021GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/24/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• limits Department of Health and local health department powers related to public health emergency declarations and orders of constraint by:
• limiting the time period for which certain orders or declarations may remain in place;
• requiring notification of certain elected officials before taking certain actions;
• allowing certain elected officials to terminate public health emergency declarations or orders of constraint; and
• prohibiting declaration of a public health emergency after a previous declaration for the same public health emergency expires;
• limits emergency powers of the governor and chief executives of local governments by:
• prohibiting the declaration of a state of emergency after a previous state of emergency expires, absent exigent circumstances;
• clarifying how a declared state of emergency expires or is terminated; and
• allowing the Legislature and local legislative bodies to terminate an executive order;
• allows the governor to declare a new state of emergency based on the same disaster or occurrence only when exigent circumstances warrant such a declaration;
• provides a process for the Legislature to limit certain executive emergency powers during a long-term state emergency;
• creates an ad hoc legislative committee to review emergency circumstances that could lead to a long-term state of emergency;

Every vote on this bill

Bill text

EMERGENCY RESPONSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Val L. Peterson
Cosponsors:
J. Stuart Adams
Jacob L. Anderegg
Curtis S. Bramble
David G. Buxton
Kirk A. Cullimore
Luz Escamilla
Lincoln Fillmore
Keith Grover
David P. Hinkins
Don L. Ipson
Jani Iwamoto
John D. Johnson
Michael S. Kennedy
Derek L. Kitchen
Karen Mayne
Ann Millner
Derrin R. Owens
Kathleen A. Riebe
Scott D. Sandall
Jerry W. Stevenson
Daniel W. Thatcher
Todd D. Weiler
Chris H. Wilson
Ronald M. Winterton
LONG TITLE
General Description:
This bill amends provisions related to emergency powers and public health
emergencies.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ limits Department of Health and local health department powers related to public
health emergency declarations and orders of constraint by:
• limiting the time period for which certain orders or declarations may remain in
place;
• requiring notification of certain elected officials before taking certain actions;
• allowing certain elected officials to terminate public health emergency
declarations or orders of constraint; and
• prohibiting declaration of a public health emergency after a previous declaration
for the same public health emergency expires;
▸ limits emergency powers of the governor and chief executives of local governments
by:
• prohibiting the declaration of a state of emergency after a previous state of
emergency expires, absent exigent circumstances;
• clarifying how a declared state of emergency expires or is terminated; and
• allowing the Legislature and local legislative bodies to terminate an executive
order;
▸ allows the governor to declare a new state of emergency based on the same disaster
or occurrence only when exigent circumstances warrant such a declaration;
▸ provides a process for the Legislature to limit certain executive emergency powers
during a long-term state emergency;
▸ creates an ad hoc legislative committee to review emergency circumstances that
could lead to a long-term state of emergency;
▸ prohibits a restriction of a gathering of a religious institution that is more restrictive
than any other relevantly similar gathering during an emergency;
▸ prohibits a government burden on the practice of religion unless the burden is the
least restrictive means available to accomplish a compelling government interest;
▸ requires reasonable accommodations be provided for certain religious practices or
rites;
▸ requires notification from the governor before taking certain executive actions
during a long-term state of emergency;
▸ amends provisions related to the Administrative Rules Review Committee,
including:
• a requirement for certain information about rules made pursuant to emergency
rulemaking procedures be provided to the members of the Administrative Rules
Review Committee; and
• review of certain rules and executive orders made or issued during a state of
emergency or public health emergency; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-1-10
, as enacted by Laws of Utah 1981, Chapter 126
26-1-30
, as last amended by Laws of Utah 2019, Chapter 87
26-6-2
, as last amended by Laws of Utah 2012, Chapter 150
26-6-3
, as last amended by Laws of Utah 2019, Chapter 349
26-6b-3
, as last amended by Laws of Utah 2015, Chapter 73
26-23-6
, as last amended by Laws of Utah 2009, Chapter 347
26-23b-102
, as last amended by Laws of Utah 2008, Chapter 3
26-23b-104
, as last amended by Laws of Utah 2011, Chapter 297
26-23b-108
, as enacted by Laws of Utah 2002, Chapter 155
26A-1-102
, as last amended by Laws of Utah 2018, Chapter 68
26A-1-114
, as last amended by Laws of Utah 2011, Chapters 14 and 177
26A-1-121
, as last amended by Laws of Utah 2012, Chapter 307
53-2a-104
, as last amended by Laws of Utah 2020, Chapter 85
53-2a-203
, as last amended by Laws of Utah 2019, Chapter 136
53-2a-204
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 7
53-2a-205
, as renumbered and amended by Laws of Utah 2013, Chapter 295
53-2a-206
, as renumbered and amended by Laws of Utah 2013, Chapter 295
53-2a-208
, as last amended by Laws of Utah 2015, Chapter 352
53-2a-209
, as last amended by Laws of Utah 2016, Chapter 193
53-2a-215
, as enacted by Laws of Utah 2020, Third Special Session, Chapter 13
53-2a-216
, as enacted by Laws of Utah 2020, Third Special Session, Chapter 13
53-2a-217
, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 7
53-2a-703
, as last amended by Laws of Utah 2018, Chapter 202
63G-3-304
, as last amended by Laws of Utah 2016, Chapter 193
63G-3-501
, as last amended by Laws of Utah 2019, Chapter 454
63G-3-502
, as renumbered and amended by Laws of Utah 2008, Chapter 382
ENACTS:
53-2a-218
, Utah Code Annotated 1953
53-2a-219
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-10
 is amended to read:
26-1-10.
Executive director -- Enforcement powers.
[
The
] 
Subject to the restrictions in this title, the
 executive director is empowered to
issue orders to enforce state laws and rules established by the department except where the
enforcement power is given to a committee created pursuant to Section 
26-1-7
.
Section 2. Section 
26-1-30
 is amended to read:
26-1-30.
Powers and duties of department.
[
The
] 
Subject to the restrictions in this title, the
 department shall exercise the following
powers and duties, in addition to other powers and duties established in this chapter:
(1) enter into cooperative agreements with the Department of Environmental Quality to
delineate specific responsibilities to assure that assessment and management of risk to human
health from the environment are properly administered;
(2) consult with the Department of Environmental Quality and enter into cooperative
agreements, as needed, to ensure efficient use of resources and effective response to potential
health and safety threats from the environment, and to prevent gaps in protection from potential
risks from the environment to specific individuals or population groups;
(3) promote and protect the health and wellness of the people within the state;
(4) establish, maintain, and enforce rules necessary or desirable to carry out the
provisions and purposes of this title to promote and protect the public health or to prevent
disease and illness;
(5) investigate and control the causes of epidemic, infectious, communicable, and other
diseases affecting the public health;
(6) provide for the detection, reporting, prevention, and control of communicable,
infectious, acute, chronic, or any other disease or health hazard which the department considers
to be dangerous, important, or likely to affect the public health;
(7) collect and report information on causes of injury, sickness, death, and disability
and the risk factors that contribute to the causes of injury, sickness, death, and disability within
the state;
(8) collect, prepare, publish, and disseminate information to inform the public
concerning the health and wellness of the population, specific hazards, and risks that may affect
the health and wellness of the population and specific activities which may promote and protect
the health and wellness of the population;
(9) establish and operate programs necessary or desirable for the promotion or
protection of the public health and the control of disease or which may be necessary to
ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
programs may not be established if adequate programs exist in the private sector;
(10) establish, maintain, and enforce isolation and quarantine, and for this purpose
only, exercise physical control over property and individuals as the department finds necessary
for the protection of the public health;
(11) close theaters, schools, and other public places and forbid gatherings of people
when necessary to protect the public health;
(12) abate nuisances when necessary to eliminate sources of filth and infectious and
communicable diseases affecting the public health;
(13) make necessary sanitary and health investigations and inspections in cooperation
with local health departments as to any matters affecting the public health;
(14) establish laboratory services necessary to support public health programs and
medical services in the state;
(15) establish and enforce standards for laboratory services which are provided by any
laboratory in the state when the purpose of the services is to protect the public health;
(16) cooperate with the Labor Commission to conduct studies of occupational health
hazards and occupational diseases arising in and out of employment in industry, and make
recommendations for elimination or reduction of the hazards;
(17) cooperate with the local health departments, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
convicted sexual offenders, and any victims of a sexual offense;
(18) investigate the causes of maternal and infant mortality;
(19) establish, maintain, and enforce a procedure requiring the blood of adult
pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
presence and concentration of alcohol;
(20) provide the Commissioner of Public Safety with monthly statistics reflecting the
results of the examinations provided for in Subsection (19) and provide safeguards so that
information derived from the examinations is not used for a purpose other than the compilation
of statistics authorized in this Subsection (20);
(21) establish qualifications for individuals permitted to draw blood pursuant to
Subsection 
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or
77-23-213
(3)(a)(vi), and to issue permits to individuals it finds qualified, which permits may
be terminated or revoked by the department;
(22) establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of disease
control, vital and health statistics, sanitation, public health nursing, and other preventive health
programs necessary or desirable for the protection of public health;
(23) adopt rules and enforce minimum sanitary standards for the operation and
maintenance of:
(a) orphanages;
(b) boarding homes;
(c) summer camps for children;
(d) lodging houses;
(e) hotels;
(f) restaurants and all other places where food is handled for commercial purposes,
sold, or served to the public;
(g) tourist and trailer camps;
(h) service stations;
(i) public conveyances and stations;
(j) public and private schools;
(k) factories;
(l) private sanatoria;
(m) barber shops;
(n) beauty shops;
(o) physician offices;
(p) dentist offices;
(q) workshops;
(r) industrial, labor, or construction camps;
(s) recreational resorts and camps;
(t) swimming pools, public baths, and bathing beaches;
(u) state, county, or municipal institutions, including hospitals and other buildings,
centers, and places used for public gatherings; and
(v) any other facilities in public buildings or on public grounds;
(24) conduct health planning for the state;
(25) monitor the costs of health care in the state and foster price competition in the
health care delivery system;
(26) adopt rules for the licensure of health facilities within the state pursuant to Title
26, Chapter 21, Health Care Facility Licensing and Inspection Act;
(27) license the provision of child care;
(28) accept contributions to and administer the funds contained in the Organ Donation
Contribution Fund created in Section 
26-18b-101
;
(29) serve as the collecting agent, on behalf of the state, for the nursing care facility
assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
and adopt rules for the enforcement and administration of the nursing facility assessment
consistent with the provisions of Title 26, Chapter 35a, Nursing Care Facility Assessment Act;
(30) establish methods or measures for health care providers, public health entities, and
health care insurers to coordinate among themselves to verify the identity of the individuals
they serve;
(31) (a) designate Alzheimer's disease and related dementia as a public health issue
and, within budgetary limitations, implement a state plan for Alzheimer's disease and related
dementia by incorporating the plan into the department's strategic planning and budgetary
process; and
(b) coordinate with other state agencies and other organizations to implement the state
plan for Alzheimer's disease and related dementia;
(32) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department; and
(33) oversee public education vision screening as described in Section 
53G-9-404
.
Section 3. Section 
26-6-2
 is amended to read:
26-6-2.
Definitions.
As used in this chapter:
(1) "Ambulatory surgical center" is as defined in Section 
26-21-2
.
(2) "Carrier" means an infected individual or animal who harbors a specific infectious
agent in the absence of discernible clinical disease and serves as a potential source of infection
for man. The carrier state may occur in an individual with an infection that is inapparent
throughout its course, commonly known as healthy or asymptomatic carrier, or during the
incubation period, convalescence, and postconvalescence of an individual with a clinically
recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under
either circumstance the carrier state may be of short duration, as a temporary or transient
carrier, or long duration, as a chronic carrier.
(3) "Communicable disease" means illness due to a specific infectious agent or its toxic
products which arises through transmission of that agent or its products from a reservoir to a
susceptible host, either directly, as from an infected individual or animal, or indirectly, through
an intermediate plant or animal host, vector, or the inanimate environment.
(4) "Communicable period" means the time or times during which an infectious agent
may be transferred directly or indirectly from an infected individual to another individual, from
an infected animal to man, or from an infected man to an animal, including arthropods.
(5) "Contact" means an individual or animal having had association with an infected
individual, animal, or contaminated environment so as to have had an opportunity to acquire
the infection.
(6) "End stage renal disease facility" is as defined in Section 
26-21-2
.
(7) "Epidemic" means the occurrence or outbreak in a community or region of cases of
an illness clearly in excess of normal expectancy and derived from a common or propagated
source. The number of cases indicating an epidemic will vary according to the infectious
agent, size, and type of population exposed, previous experience or lack of exposure to the
disease, and time and place of occurrence. Epidemicity is considered to be relative to usual
frequency of the disease in the same area, among the specified population, at the same season
of the year.
(8) "General acute hospital" is as defined in Section 
26-21-2
.
(9) "Incubation period" means the time interval between exposure to an infectious
agent and appearance of the first sign or symptom of the disease in question.
(10) "Infected individual" means an individual who harbors an infectious agent and
who has manifest disease or inapparent infection. An infected individual is one from whom the
infectious agent can be naturally acquired.
(11) "Infection" means the entry and development or multiplication of an infectious
agent in the body of man or animals. Infection is not synonymous with infectious disease; the
result may be inapparent or manifest. The presence of living infectious agents on exterior
surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but
contamination of such surfaces and articles.
(12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
protozoan, or helminth that is capable of producing infection or infectious disease.
(13) "Infectious disease" means a disease of man or animals resulting from an
infection.
(14) "Isolation" means the separation, for the period of communicability, of infected
individuals or animals from others, in such places and under such conditions as to prevent the
direct or indirect conveyance of the infectious agent from those infected to those who are
susceptible or who may spread the agent to others.
(15) "Order of constraint" means the same as that term is defined in Section
26-23b-102
.
[
(15)
] 
(16)
 "Quarantine" means the restriction of the activities of well individuals or
animals who have been exposed to a communicable disease during its period of
communicability to prevent disease transmission.
[
(16)
] 
(17)
 "School" means a public, private, or parochial nursery school, licensed or
unlicensed day care center, child care facility, family care home, headstart program,
kindergarten, elementary, or secondary school through grade 12.
[
(17)
] 
(18)
 "Sexually transmitted disease" means those diseases transmitted through
sexual intercourse or any other sexual contact.
[
(18)
] 
(19)
 "Specialty hospital" is as defined in Section 
26-21-2
.
Section 4. Section 
26-6-3
 is amended to read:
26-6-3.
Authority to investigate and control epidemic infections and
communicable disease.
(1) [
The
] 
Subject to Subsection (3) and the restrictions in this title, the
 department has
authority to investigate and control the causes of epidemic infections and communicable
disease, and shall provide for the detection, reporting, prevention, and control of communicable
diseases and epidemic infections or any other health hazard which may affect the public health.
(2) (a) As part of the requirements of Subsection (1), the department shall distribute to
the public and to health care professionals:
(i) medically accurate information about sexually transmitted diseases that may cause
infertility and sterility if left untreated, including descriptions of:
(A) the probable side effects resulting from an untreated sexually transmitted disease,
including infertility and sterility;
(B) medically accepted treatment for sexually transmitted diseases;
(C) the medical risks commonly associated with the medical treatment of sexually
transmitted diseases; and
(D) suggested screening by a private physician or physician assistant; and
(ii) information about:
(A) public services and agencies available to assist individuals with obtaining
treatment for the sexually transmitted disease;
(B) medical assistance benefits that may be available to the individual with the
sexually transmitted disease; and
(C) abstinence before marriage and fidelity after marriage being the surest prevention
of sexually transmitted disease.
(b) The information required by Subsection (2)(a):
(i) shall be distributed by the department and by local health departments free of
charge;
(ii) shall be relevant to the geographic location in which the information is distributed
by:
(A) listing addresses and telephone numbers for public clinics and agencies providing
services in the geographic area in which the information is distributed; and
(B) providing the information in English as well as other languages that may be
appropriate for the geographic area.
(c) (i) Except as provided in Subsection (2)(c)(ii), the department shall develop written
material that includes the information required by this Subsection (2).
(ii) In addition to the written materials required by Subsection (2)(c)(i), the department
may distribute the information required by this Subsection (2) by any other methods the
department determines is appropriate to educate the public, excluding public schools, including
websites, toll free telephone numbers, and the media.
(iii) If the information required by Subsection (2)(b)(ii)(A) is not included in the
written pamphlet developed by the department, the written material shall include either a
website, or a 24-hour toll free telephone number that the public may use to obtain that
information.
(3) (a) The Legislature may at any time terminate by joint resolution an order of
constraint issued by the department as described in this section in response to a declared public
health emergency.
(b) A county governing body may at any time terminate by majority vote an order of
constraint issued by the relevant local health department as described in this section in response
to a declared public health emergency.
Section 5. Section 
26-6b-3
 is amended to read:
26-6b-3.
Order of restriction.
(1) [
The
] 
Subject to Subsection (5), the
 department having jurisdiction over the
location where an individual or a group of individuals who are subject to restriction are found
may:
(a) issue a written order of restriction for the individual or group of individuals
pursuant to Section 
26-1-30
 or Subsection 
26A-1-114
(1)(b) upon compliance with the
requirements of this chapter; and
(b) issue a verbal order of restriction for an individual or group of individuals pursuant
to Subsection (2)(c).
(2) (a) A department's determination to issue an order of restriction shall be based upon
the totality of circumstances reported to and known by the department, including:
(i) observation;
(ii) information that the department determines is credible and reliable information;
and
(iii) knowledge of current public health risks based on medically accepted guidelines as
may be established by the Department of Health by administrative rule.
(b) An order of restriction issued by a department shall:
(i) in the opinion of the public health official, be for the shortest reasonable period of
time necessary to protect the public health;
(ii) use the least intrusive method of restriction that, in the opinion of the department,
is reasonable based on the totality of circumstances known to the health department issuing the
order of restriction;
(iii) be in writing unless the provisions of Subsection (2)(c) apply; and
(iv) contain notice of an individual's rights as required in Section 
26-6b-3.3
.
(c) (i) A department may issue a verbal order of restriction, without prior notice to the
individual or group of individuals if the delay in imposing a written order of restriction would
significantly jeopardize the department's ability to prevent or limit:
(A) the transmission of a communicable or possibly communicable disease that poses a
threat to public health;
(B) the transmission of an infectious agent or possibly infectious agent that poses a
threat to public health;
(C) the exposure or possible exposure of a chemical or biological agent that poses a
threat to public health; or
(D) the exposure or transmission of a condition that poses a threat to public health.
(ii) A verbal order of restriction issued under the provisions of Subsection (2)(c)(i):
(A) is valid for 24 hours from the time the order of restriction is issued;
(B) may be verbally communicated to the individuals or group of individuals subject to
restriction by a first responder;
(C) may be enforced by the first responder until the department is able to establish and
maintain the place of restriction; and
(D) may only be continued beyond the initial 24 hours if a written order of restriction is
issued pursuant to the provisions of Section 
26-6b-3.3
.
(3) Pending issuance of a written order of restriction under Section 
26-6b-3.3
, or
judicial review of an order of restriction by the district court pursuant to Section 
26-6b-6
, an
individual who is subject to the order of restriction may be required to submit to involuntary
examination, quarantine, isolation, or treatment in the individual's home, a hospital, or any
other suitable facility under reasonable conditions prescribed by the department.
(4) The department that issued the order of restriction shall take reasonable measures,
including the provision of medical care, as may be necessary to assure proper care related to the
reason for the involuntary examination, treatment, isolation, or quarantine of an individual
ordered to submit to an order of restriction.
(5) (a) The Legislature may at any time terminate by joint resolution an order of
restriction issued by the department as described in this section in response to a declared public
health emergency.
(b) A county governing body may at any time terminate by majority vote an order of
restriction issued by the relevant local health department as described in this section issued in
response to a declared public health emergency.
Section 6. Section 
26-23-6
 is amended to read:
26-23-6.
Criminal and civil penalties and liability for violations.
(1) (a) Any person, association, or corporation, or the officers of any of them, who
violates any provision of this chapter or lawful orders of the department or a local health
department in a criminal proceeding is guilty of a class B misdemeanor for the first violation,
and for any subsequent similar violation within two years, is guilty of a class A misdemeanor,
except this section does not establish the criminal penalty for violation of Section 
26-23-5.5
.
(b) Conviction in a criminal proceeding does not preclude the department or a local
health department from assessment of any civil penalty, administrative civil money penalty or
to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
injunctive or equitable remedies.
[
(2) Any person, association, or corporation, or the officers of any of them, who
violates any provision of this title or lawful orders of the department or a local health
department, or rules adopted under this title by the department:
]
[
(a) shall be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
$10,000 per violation; or
]
[
(b) in an administrative action in accordance with Title 63G, Chapter 4, Administrative
Procedures Act, or similar procedures adopted by local or county government, a penalty not to
exceed the sum of $10,000 per violation.
]
(2) (a) Subject to Subsections (2)(c) and (d), any association, or corporation, or the
officers of any of them, who violate any provision of this title or lawful orders of the
department or a local health department, or rules adopted under this title by the department:
(i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
$5,000 per violation; or
(ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
4, Administrative Procedures Act, or similar procedures adopted by local or county
government, a penalty not to exceed the sum of $5,000 per violation.
(b) Subject to Subsections (2)(c) and (d), an individual who violates any provision of
this title or lawful orders of the department or a local health department, or rules adopted under
this title by the department:
(i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
$150 per violation; or
(ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
4, Administrative Procedures Act, or similar procedures adopted by local or county
government, a penalty not to exceed the sum of $150 per violation.
(c) (i) Except as provided in Subsection (2)(c)(ii), a penalty described in Subsection
(2)(a) or (b) may only be assessed against the same individual, association, or corporation one
time in a calendar week.
(ii) Notwithstanding Subsection (2)(c)(i), an individual, an association, a corporation,
or the officers of any of them, that willfully disregard or recklessly violate a provision of this
title or lawful orders of the department or a local health department, or rules adopted under this
title by the department, may be assessed a penalty as described in Subsection (2)(a) for each
day of violation if it is determined that the violation is likely to result in a serious threat to
public health.
(d) Upon reasonable cause shown in judicial civil proceeding or an administrative
action, a penalty imposed under this Subsection (2) may be waived or reduced.
(3) Assessment of any civil penalty or administrative penalty does not preclude the
department or a local health department from seeking criminal penalties or to deny, revoke,
impose conditions on, or refuse to renew a permit, license, or certificate or to seek other
injunctive or equitable remedies.
(4) In addition to any penalties imposed under Subsection (1), the person, association,
or corporation, or the officers of any of them is liable for any expense incurred by the
department in removing or abating any health or sanitation violations, including any nuisance,
source of filth, cause of sickness, or dead animal.
[
(5) Each day of violation of a provision of this title, lawful orders of the department or
a local health department, or rules adopted by the department under it is a separate violation.
]
Section 7. Section 
26-23b-102
 is amended to read:
26-23b-102.
Definitions.
As used in this chapter:
(1) "Bioterrorism" means:
(a) the intentional use of any microorganism, virus, infectious substance, or biological
product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
or another living organism in order to influence, intimidate, or coerce the conduct of
government or a civilian population; and
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
fevers.
(2) "Department" means the Department of Health created in Section 
26-1-4
 and a
local health department as defined in Section 
26A-1-102
.
(3) "Diagnostic information" means a clinical facility's record of individuals who
present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
final diagnosis, and any pertinent lab results.
(4) "Epidemic or pandemic disease":
(a) means the occurrence in a community or region of cases of an illness clearly in
excess of normal expectancy; and
(b) includes diseases designated by the Department of Health which have the potential
to cause serious illness or death.
(5) "Exigent circumstances" means a significant change in circumstances following the
expiration of a public health emergency declared in accordance with this title that:
(a) substantially increases the threat to public safety or health relative to the
circumstances in existence when the public health emergency expired;
(b) poses an imminent threat to public safety or health; and
(c) was not known or foreseen and could not have been known or foreseen at the time
the public health emergency expired.
[
(5)
] 
(6)
 "Health care provider" [
shall have the meaning provided for
] 
means the same
as that term is defined
 in Section 
78B-3-403
.
(7) "Legislative emergency response committee" means the same as that term is
defined in Section 
53-2a-203
.
(8) (a) "Order of constraint" means an order, rule, or regulation issued in response to a
declared public health emergency under this chapter, that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in certain behavior; or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
[
(6)
] 
(9)
 "Public health emergency" means an occurrence or imminent credible threat of
an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel
and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant
number of human fatalities or incidents of permanent or long-term disability. Such illness or
health condition includes an illness or health condition resulting from a natural disaster.
[
(7)
] 
(10)
 "Reportable emergency illness and health condition" includes the diseases,
conditions, or syndromes designated by the [
Utah
] Department of Health.
(11) "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
Section 8. Section 
26-23b-104
 is amended to read:
26-23b-104.
Authorization to report -- Declaration of a public health emergency
-- Termination of a public health emergency -- Order of constraint.
(1) A health care provider is authorized to report to the department any case of a
reportable emergency illness or health condition in any person when:
(a) the health care provider knows of a confirmed case; or
(b) the health care provider believes, based on the health care provider's professional
judgment that a person likely harbors a reportable emergency illness or health condition.
(2) A report pursuant to this section shall include, if known:
(a) the name of the facility submitting the report;
(b) a patient identifier that allows linkage with the patient's record for follow-up
investigation if needed;
(c) the date and time of visit;
(d) the patient's age and sex;
(e) the zip code of the patient's residence;
(f) the reportable illness or condition detected or suspected;
(g) diagnostic information and, if available, diagnostic codes assigned to the visit; and
(h) whether the patient was admitted to the hospital.
(3) (a) [
If
] 
Subject to Subsections (3)(b) and (4), if
 the department determines that a
public health emergency exists, the department may, with the concurrence of the governor and
the executive director or in the absence of the executive director, the executive director's
designee, [
issue
] 
declare
 a public health emergency [
order
]
, issue an order of constraint,
 and
mandate reporting under this section for a limited reasonable period of time, as necessary to
respond to the public health emergency.
(b) (i) During a public health emergency that has been in effect for more than 30 days,
the department may not issue an order of constraint until the department has provided notice of
the proposed action to the legislative emergency response committee no later than 24 hours
before the department issues the order of constraint.
(ii) The department:
(A) shall provide the notice required by Subsection (3)(b)(i) using the best available
method under the circumstances as determined by the executive director;
(B) may provide the notice required by Subsection (3)(b)(i) in electronic format; and
(C) shall provide the notice in written form, if practicable.
[
(b)
] 
(c)
 The department may not mandate reporting under this subsection for more
than 90 days. [
If more than 90 days is needed to abate the public health emergency declared
under Subsection (3)(a), the department shall obtain the concurrence of the governor to extend
the period of time beyond 90 days.
]
(4) (a) Except as provided in Subsection (4)(b), a public health emergency declared by
the department as described in Subsection (3) expires at the earliest of:
(i) the day on which the department or the governor finds that the threat or danger has
passed or the public health emergency reduced to the extent that emergency conditions no
longer exist;
(ii) 30 days after the date on which the department declared the public health
emergency; or
(iii) the day on which the public health emergency is terminated by a joint resolution of
the Legislature.
(b) (i) The Legislature, by joint resolution, may extend a public health emergency for a
time period designated in the joint resolution.
(ii) If the Legislature extends a public health emergency as described in Subsection
(4)(b)(i), the public health emergency expires on the date designated by the Legislature.
(c) Except as provided in Subsection (4)(d), if a public health emergency declared by
the department expires as described in Subsection (4)(a) or (b), the department may not declare
a public health emergency for the same illness or occurrence that precipitated the previous
public health emergency declaration.
(d) (i) Notwithstanding Subsection (4)(c), subject to Subsection (4)(e), if the
department finds that exigent circumstances exist, after providing notice to the Legislature, the
department may declare a new public health emergency for the same illness or occurrence that
precipitated a previous public health emergency declaration.
(ii) A public health emergency declared as described in Subsection (4)(d)(i) expires in
accordance with Subsection (4)(a) or (b).
(e) If the Legislature terminates a public health emergency declared due to exigent
circumstances as described in Subsection (4)(d)(i), the department may not declare a new
public health emergency for the same illness, occurrence, or exigent circumstances.
(5) During a declared public health emergency declared under this title:
(a) the Legislature may:
(i) at any time by joint resolution terminate an order of constraint issued by the
department; or
(ii) by joint resolution terminate an order of constraint issued by a local health
department in response to a public health emergency that has been in effect for more than 30
days; and
(b) a county legislative body may at any time terminate an order of constraint issued by
a local health department in response to a declared public health emergency.
(6) (a) (i) If the department declares a public health emergency as described in this
chapter, and the department finds that the public health emergency conditions warrant an
extension of the public health emergency beyond the 30-day term or another date designated by
the Legislature as described in this section, the department shall provide written notice to the
speaker of the House of Representatives and the president of the Senate at least 10 days before
the expiration of the public health emergency.
(ii) If a local health department declares a public health emergency as described in this
chapter, and the local health department finds that the public health emergency conditions
warrant an extension of the public health emergency beyond the 30-day term or another date
designated by the county governing body as described in this section, the local health
department shall provide written notice to the county governing body at least 10 days before
the expiration of the public health emergency.
(b) If the department provides notice as described in Subsection (6)(a)(i) for a public
health emergency within the first 30 days from the initial declaration of the public health
emergency, the speaker of the House of Representatives and the president of the Senate:
(i) shall poll the members of their respective bodies to determine whether the
Legislature will extend the public health emergency; and
(ii) may jointly convene the committee created in Section 
53-2a-218
.
(c) If the department provides notice as described in Subsection (6)(a)(i) for a public
health emergency that has been extended beyond the 30 days from the initial declaration of the
public health emergency, the speaker of the House of Representatives and the president of the
Senate shall jointly convene the committee created in Section 
53-2a-218
.
(7) If the committee created in Section 
53-2a-218
 is convened as described in
Subsection (6), the committee shall conduct a public meeting to:
(a) discuss the nature of the public health emergency and conditions of the public
health emergency;
(b) evaluate options for public health emergency response;
(c) receive testimony from individuals with expertise relevant to the current public
health emergency;
(d) receive testimony from members of the public; and
(e) provide a recommendation to the Legislature whether to extend the public health
emergency by joint resolution.
(8) (a) During a public health emergency declared as described in this title:
(i) the department or a local health department may not impose an order of constraint
on a religious gathering that is more restrictive than an order of constraint that applies to any
other relevantly similar gathering; and
(ii) an individual, while acting or purporting to act within the course and scope of the
individual's official department or local health department capacity, may not:
(A) prevent a religious gathering that is held in a manner consistent with any order of
constraint issued pursuant to this title; or
(B) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order of constraint issued pursuant to this title.
(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (8).
(c) During a public health emergency declared as described in this title, the department
or a local health department shall not issue a public health order or impose or implement a
regulation that substantially burdens an individual's exercise of religion unless the department
or local health department demonstrates that the application of the burden to the individual:
(i) is in furtherance of a compelling government interest; and
(ii) is the least restrictive means of furthering that compelling government interest.
(d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
[
(4)
] 
(9)
 (a) Unless the provisions of Subsection (3) apply, a health care provider is not
subject to penalties for failing to submit a report under this section.
(b) If the provisions of Subsection (3) apply, a health care provider is subject to the
penalties of Subsection 
26-23b-103
(3) for failure to make a report under this section.
Section 9. Section 
26-23b-108
 is amended to read:
26-23b-108.
Investigation of suspected bioterrorism and diseases -- Termination
of orders of constraint.
(1) [
The
] 
Subject to Subsection (6), the
 department shall:
(a) ascertain the existence of cases of an illness or condition caused by the factors
described in Subsections 
26-23b-103
(1) and 
26-23b-104
(1);
(b) investigate all such cases for sources of infection or exposure;
(c) ensure that any cases, suspected cases, and exposed persons are subject to proper
control measures; and
(d) define the distribution of the suspected illness or health condition.
(2) (a) Acting on information received from the reports required by this chapter, or
other reliable information, the department shall identify all individuals thought to have been
exposed to an illness or condition described in Subsection 
26-23b-103
(1).
(b) The department may request information from a health care provider concerning an
individual's identifying information as described in Subsection 
26-23b-103
(2)(b) when:
(i) the department is investigating a potential illness or condition described in
Subsection 
26-23b-103
(1) and the health care provider has not submitted a report to the
department with the information requested; or
(ii) the department has received a report from a pharmacist under Section 
26-23b-105
,
a medical laboratory under Section 
26-23b-106
, or another health care provider under
Subsection 
26-23b-104
(1) and the department believes that further investigation is necessary to
protect the public health.
(c) A health care provider shall submit the information requested under this section to
the department within 24 hours after receiving a request from the department.
(3) The department shall counsel and interview identified individuals as appropriate to:
(a) assist in the positive identification of other cases and exposed individuals;
(b) develop information relating to the source and spread of the illness or condition;
and
(c) obtain the names, addresses, phone numbers, or other identifying information of
any other person from whom the illness or health condition may have been contracted and to
whom the illness or condition may have spread.
(4) The department shall, for examination purposes, close, evacuate, or decontaminate
any facility when the department reasonably believes that such facility or material may
endanger the public health due to a condition or illness described in Subsection 
26-23b-103
(1).
(5) The department will destroy personally identifying health information about an
individual collected by the department as a result of a report under this chapter upon the earlier
of:
(a) the department's determination that the information is no longer necessary to carry
out an investigation under this chapter; or
(b) 180 days after the information is collected.
(6) (a) The Legislature may at any time terminate by joint resolution an order of
constraint issued by the department in response to a declared public health emergency.
(b) A county governing body may at any time terminate by majority vote an order of
constraint issued by the relevant local health department in response to a declared public health
emergency.
Section 10. Section 
26A-1-102
 is amended to read:
26A-1-102.
Definitions.
As used in this part:
(1) "Board" means a local board of health established under Section 
26A-1-109
.
(2) "County governing body" means one of the types of county government provided
for in Title 17, Chapter 52a, Part 2, Forms of County Government.
(3) "County health department" means a local health department that serves a county
and municipalities located within that county.
(4) "Department" means the Department of Health created in Title 26, Chapter 1,
Department of Health Organization.
(5) "Local health department" means:
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department.
(6) "Mental health authority" means a local mental health authority created in Section
17-43-301
.
(7) "Multicounty local health department" means a local health department that is
formed under Section 
26A-1-105
 and that serves two or more contiguous counties and
municipalities within those counties.
(8) "Multicounty united local health department" means a united local health
department that is formed under Section 
26A-1-105.5
 and that serves two or more contiguous
counties and municipalities within those counties.
(9) (a) "Order of constraint" means an order, rule, or regulation issued by a local health
department in response to a declared public health emergency under this chapter that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in a certain behavior;
or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
(10) "Public health emergency" means the same as that term is defined in Section
26-23b-102
.
[
(9)
] 
(11)
 "Single county local health department" means a local health department that
is created by the governing body of one county to provide services to the county and the
municipalities within that county.
(12) "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
[
(10)
] 
(13)
 "Substance abuse authority" means a local substance abuse authority
created in Section 
17-43-201
.
[
(11)
] 
(14)
 "United local health department":
(a) means a substance abuse authority, a mental health authority, and a local health
department that join together under Section 
26A-1-105.5
; and
(b) includes a multicounty united local health department.
Section 11. Section 
26A-1-114
 is amended to read:
26A-1-114.
Powers and duties of departments.
(1) [
A
] 
Subject to Subsections (7) and (8), a
 local health department may:
(a) subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to public
health and sanitation, including the plumbing code administered by the Division of
Occupational and Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction
Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification
Act, in all incorporated and unincorporated areas served by the local health department;
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical
control over property and over individuals as the local health department finds necessary for
the protection of the public health;
(c) establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d) establish and operate reasonable health programs or measures not in conflict with
state law which:
(i) are necessary or desirable for the promotion or protection of the public health and
the control of disease; or
(ii) may be necessary to ameliorate the major risk factors associated with the major
causes of injury, sickness, death, and disability in the state;
(e) close theaters, schools, and other public places and prohibit gatherings of people
when necessary to protect the public health;
(f) abate nuisances or eliminate sources of filth and infectious and communicable
diseases affecting the public health and bill the owner or other person in charge of the premises
upon which this nuisance occurs for the cost of abatement;
(g) make necessary sanitary and health investigations and inspections on its own
initiative or in cooperation with the Department of Health or Environmental Quality, or both,
as to any matters affecting the public health;
(h) pursuant to county ordinance or interlocal agreement:
(i) establish and collect appropriate fees for the performance of services and operation
of authorized or required programs and duties;
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
property, services, or materials for public health purposes; and
(iii) make agreements not in conflict with state law which are conditional to receiving a
donation or grant;
(i) prepare, publish, and disseminate information necessary to inform and advise the
public concerning:
(i) the health and wellness of the population, specific hazards, and risk factors that may
adversely affect the health and wellness of the population; and
(ii) specific activities individuals and institutions can engage in to promote and protect
the health and wellness of the population;
(j) investigate the causes of morbidity and mortality;
(k) issue notices and orders necessary to carry out this part;
(l) conduct studies to identify injury problems, establish injury control systems,
develop standards for the correction and prevention of future occurrences, and provide public
information and instruction to special high risk groups;
(m) cooperate with boards created under Section 
19-1-106
 to enforce laws and rules
within the jurisdiction of the boards;
(n) cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
convicted sexual offenders, and any victims of a sexual offense;
(o) investigate suspected bioterrorism and disease pursuant to Section 
26-23b-108
; and
(p) provide public health assistance in response to a national, state, or local emergency,
a public health emergency as defined in Section 
26-23b-102
, or a declaration by the President
of the United States or other federal official requesting public health-related activities.
(2) The local health department shall:
(a) establish programs or measures to promote and protect the health and general
wellness of the people within the boundaries of the local health department;
(b) investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health which may include involuntary testing of alleged sexual
offenders for the HIV infection pursuant to Section 
76-5-502
 and voluntary testing of victims
of sexual offenses for HIV infection pursuant to Section 
76-5-503
;
(c) cooperate with the department in matters pertaining to the public health and in the
administration of state health laws; and
(d) coordinate implementation of environmental programs to maximize efficient use of
resources by developing with the Department of Environmental Quality a Comprehensive
Environmental Service Delivery Plan which:
(i) recognizes that the Department of Environmental Quality and local health
departments are the foundation for providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(3) The local health department has the following duties regarding public and private
schools within its boundaries:
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
persons attending public and private schools;
(b) exclude from school attendance any person, including teachers, who is suffering
from any communicable or infectious disease, whether acute or chronic, if the person is likely
to convey the disease to those in attendance; and
(c) (i) make regular inspections of the health-related condition of all school buildings
and premises;
(ii) report the inspections on forms furnished by the department to those responsible for
the condition and provide instructions for correction of any conditions that impair or endanger
the health or life of those attending the schools; and
(iii) provide a copy of the report to the department at the time the report is made.
(4) If those responsible for the health-related condition of the school buildings and
premises do not carry out any instructions for corrections provided in a report in Subsection
(3)(c), the local health board shall cause the conditions to be corrected at the expense of the
persons responsible.
(5) The local health department may exercise incidental authority as necessary to carry
out the provisions and purposes of this part.
(6) Nothing in this part may be construed to authorize a local health department to
enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
monoxide detector in a residential dwelling against anyone other than the occupant of the
dwelling.
(7) (a) Except as provided in Subsection (7)(c), a local health department may not
declare a public health emergency or issue an order of constraint until the local health
department has provided notice of the proposed action to the chief executive officer of the
relevant county no later than 24 hours before the local health department issues the order or
declaration.
(b) The local health department:
(i) shall provide the notice required by Subsection (7)(a) using the best available
method under the circumstances as determined by the local health department;
(ii) may provide the notice required by Subsection (7)(a) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
public health emergency or issue an order of constraint without approval of the chief executive
officer of the relevant county if the passage of time necessary to obtain approval of the chief
executive officer of the relevant county as required in Subsection (7)(a) would substantially
increase the likelihood of loss of life due to an imminent threat.
(ii) If a local health department declares a public health emergency or issues an order
of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
chief executive officer of the relevant county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate a declaration of a
public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
within 72 hours of declaration of the public health emergency or issuance of the order of
constraint.
(d) The relevant county governing body may at any time terminate a public health
emergency or an order of constraint issued by the local health department by majority vote of
the county governing body in response to a declared public health emergency.
(8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
a local health department expires at the earliest of:
(i) the local health department or the chief executive officer of the relevant county
finding that the threat or danger has passed or the public health emergency reduced to the
extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the local health department declared the public
health emergency; or
(iii) the day on which the public health emergency is terminated by majority vote of the
county governing body.
(b) (i) The relevant county legislative body, by majority vote, may extend a public
health emergency for a time period designated by the county legislative body.
(ii) If the county legislative body extends a public health emergency as described in
Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
legislative body.
(c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
local health department expires as described in Subsection (8)(a), the local health department
may not declare a public health emergency for the same illness or occurrence that precipitated
the previous public health emergency declaration.
(d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
health department finds that exigent circumstances exist, after providing notice to the county
legislative body, the department may declare a new public health emergency for the same
illness or occurrence that precipitated a previous public health emergency declaration.
(ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
accordance with Subsection (8)(a) or (b).
(e) For a public health emergency declared by a local health department under this
chapter or under Title 26, Chapter 23b, Detection of Public Health Emergencies Act, the
Legislature may terminate by joint resolution a public health emergency that was declared
based on exigent circumstances or that has been in effect for more than 30 days.
(f) If the Legislature or county legislative body terminates a public health emergency
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
department may not declare a new public health emergency for the same illness, occurrence, or
exigent circumstances.
(9) (a) During a public health emergency declared under this chapter or under Title 26,
Chapter 23b, Detection of Public Health Emergencies Act:
(i) except as provided in Subsection (9)(b), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(ii) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(iii) a county governing body may at any time terminate by majority vote of the
governing body an order of constraint issued by a local health department in response to a
declared public health emergency.
(b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(9)(b), the local health department shall notify the chief executive officer of the relevant county
before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
constraint.
(c) (i) For a local health department that serves more than one county, the approval
described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
of constraint is applicable.
(ii) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
county served by the county governing body.
(10) (a) During a public health emergency declared as described in this title:
(i) the department or a local health department may not impose an order of constraint
on a religious gathering that is more restrictive than an order of constraint that applies to any
other relevantly similar gathering; and
(ii) an individual, while acting or purporting to act within the course and scope of the
individual's official department or local health department capacity, may not:
(A) prevent a religious gathering that is held in a manner consistent with any order of
constraint issued pursuant to this title; or
(B) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order of constraint issued pursuant to this title.
(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (10).
(c) During a public health emergency declared as described in this title, the department
or a local health department shall not issue a public health order or impose or implement a
regulation that substantially burdens an individual's exercise of religion unless the department
or local health department demonstrates that the application of the burden to the individual:
(i) is in furtherance of a compelling government interest; and
(ii) is the least restrictive means of furthering that compelling government interest.
(d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
Section 12. Section 
26A-1-121
 is amended to read:
26A-1-121.
Standards and regulations adopted by local board -- Local standards
not more stringent than federal or state standards -- Exceptions for written findings --
Administrative and judicial review of actions.
(1) (a) [
The
] 
Subject to Subsection (1)(g), the
 board may make standards and
regulations:
(i) not in conflict with rules of the Departments of Health and Environmental Quality;
and
(ii) necessary for the promotion of public health, environmental health quality, injury
control, and the prevention of outbreaks and spread of communicable and infectious diseases.
(b) The standards and regulations under Subsection (1)(a):
(i) supersede existing local standards, regulations, and ordinances pertaining to similar
subject matter; and
(ii) except as provided under Subsection (1)(c) and except where specifically allowed
by federal law or state statute, may not be more stringent than those established by federal law,
state statute, or administrative rules adopted by the [
Utah
] Department of Health in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) (i) The board may make standards and regulations more stringent than
corresponding federal law, state statute, or state administrative rules for the purposes described
in Subsection (1)(a), only if the board makes a written finding after public comment and
hearing and based on evidence in the record, that corresponding federal laws, state statutes, or
state administrative rules are not adequate to protect public health and the environment of the
state.
(ii) The findings shall address the public health information and studies contained in
the record, which form the basis for the board's conclusion.
(d) The board shall provide public hearings prior to the adoption of any regulation or
standard. Notice of any public hearing shall be published at least twice throughout the county
or counties served by the local health department. The publication may be in one or more
newspapers, if the notice is provided in accordance with this Subsection (1)(d).
(e) The hearings may be conducted by the board at a regular or special meeting, or the
board may appoint hearing officers who may conduct hearings in the name of the board at a
designated time and place.
(f) A record or summary of the proceedings of a hearing shall be taken and filed with
the board.
(g) (i) During a declared public health emergency declared under this chapter or under
Title 26, Chapter 23b, Detection of Public Health Emergencies Act:
(A) except as provided in Subsection (1)(h), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(B) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(C) a county governing body may at any time terminate, by majority vote of the
governing body, an order of constraint issued by a local health department in response to a
declared public health emergency.
(ii) (A) For a local health department that serves more than one county, the approval
described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the
order of constraint is applicable.
(B) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the
county served by the county governing body.
(h) (i) Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (1)(g)(i)(A) would substantially increase the likelihood of loss
of life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(1)(h)(i), the local health department shall notify the chief executive officer of the relevant
county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance of the order
of constraint.
(i) (i) During a public health emergency declared as described in this title:
(A) a local health department may not impose an order of constraint on a public
gathering that applies to a religious gathering differently than the order of constraint applies to
any other relevantly similar gathering; and
(B) an individual, while acting or purporting to act within the course and scope of the
individual's official local health department capacity, may not prevent a religious gathering that
is held in a manner consistent with any order of constraint issued pursuant to this title, or
impose a penalty for a previous religious gathering that was held in a manner consistent with
any order of constraint issued pursuant to this title.
(ii) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (1)(i).
(iii) During a public health emergency declared as described in this title, the
department or a local health department shall not issue a public health order or impose or
implement a regulation that substantially burdens an individual's exercise of religion unless the
department or local health department demonstrates that the application of the burden to the
individual:
(A) is in furtherance of a compelling government interest; and
(B) is the least restrictive means of furthering that compelling government interest.
(iv) Notwithstanding Subsections (1)(i)(i) and (ii), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
(j) If a local health department declares a public health emergency as described in this
chapter, and the local health department finds that the public health emergency conditions
warrant an extension of the public health emergency beyond the 30-day term or another date
designated by the local legislative body, the local health department shall provide written
notice to the local legislative body at least 10 days before the expiration of the public health
emergency.
(2) (a) A person aggrieved by an action or inaction of the local health department
relating to the public health shall have an opportunity for a hearing with the local health officer
or a designated representative of the local health department. The board shall grant a
subsequent hearing to the person upon the person's written request.
(b) In an adjudicative hearing, a member of the board or the hearing officer may
administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
of the board requiring the testimony of witnesses and the production of evidence relevant to a
matter in the hearing. The local health department shall make a written record of the hearing,
including findings of facts and conclusions of law.
(c) Judicial review of a final determination of the local board may be secured by a
person adversely affected by the final determination, or by the Departments of Health or
Environmental Quality, by filing a petition in the district court within 30 days after receipt of
notice of the board's final determination.
(d) The petition shall be served upon the secretary of the board and shall state the
grounds upon which review is sought.
(e) The board's answer shall certify and file with the court all documents and papers
and a transcript of all testimony taken in the matter together with the board's findings of fact,
conclusions of law, and order.
(f) The appellant and the board are parties to the appeal.
(g) The Departments of Health and Environmental Quality may become a party by
intervention as in a civil action upon showing cause.
(h) A further appeal may be taken to the Court of Appeals under Section 
78A-4-103
.
(3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
local health department board to make standards and regulations in accordance with Subsection
(1)(a) for:
(a) emergency rules made in accordance with Section 
63G-3-304
; or
(b) items not regulated under federal law, state statute, or state administrative rule.
Section 13. Section 
53-2a-104
 is amended to read:
53-2a-104.
Division duties -- Powers.
(1) [
The
] 
Subject to limitation by the Legislature as described in Subsection
53-2a-206
(5), the
 division shall:
(a) respond to the policies of the governor and the Legislature;
(b) perform functions relating to emergency management as directed by the governor
or by the commissioner, including:
(i) coordinating with state agencies and local governments the use of personnel and
other resources of these governmental entities as agents of the state during an interstate disaster
in accordance with the Emergency Management Assistance Compact described in Section
53-2a-402
;
(ii) coordinating the requesting, activating, and allocating of state resources during an
intrastate disaster or a local state of emergency;
(iii) receiving and disbursing federal resources provided to the state in a declared
disaster;
(iv) appointing a state coordinating officer who is the governor's representative and
who shall work with a federal coordinating officer during a federally declared disaster; and
(v) appointing a state recovery officer who is the governor's representative and who
shall work with a federal recovery officer during a federally declared disaster;
(c) prepare, implement, and maintain programs and plans to provide for:
(i) prevention and minimization of injury and damage caused by disasters;
(ii) prompt and effective response to and recovery from disasters;
(iii) identification of areas particularly vulnerable to disasters;
(iv) coordination of hazard mitigation and other preventive and preparedness measures
designed to eliminate or reduce disasters;
(v) assistance to local officials, state agencies, and the business and public sectors, in
developing emergency action plans;
(vi) coordination of federal, state, and local emergency activities;
(vii) coordination of emergency operations plans with emergency plans of the federal
government;
(viii) coordination of urban search and rescue activities;
(ix) coordination of rapid and efficient communications in times of emergency; and
(x) other measures necessary, incidental, or appropriate to this part;
(d) coordinate with local officials, state agencies, and the business and public sectors in
developing, implementing, and maintaining a state energy emergency plan in accordance with
Section 
53-2a-902
;
(e) administer Part 6, Disaster Recovery Funding Act, in accordance with that part;
(f) conduct outreach annually to agencies and officials who have access to IPAWS; and
(g) coordinate with counties to ensure every county has the access and ability to send,
or a plan to send, IPAWS messages, including Wireless Emergency Alerts and Emergency
Alert System messages.
(2) Every three years, organizations that have the ability to send IPAWS messages,
including emergency service agencies, public safety answering points, and emergency
managers shall send verification of Federal Emergency Management Agency training to the
Division.
(3) (a) The Department of Public Safety shall designate state geographical regions and
allow the political subdivisions within each region to:
(i) coordinate planning with other political subdivisions, tribal governments, and as
appropriate, other entities within that region and with state agencies as appropriate, or as
designated by the division;
(ii) coordinate grant management and resource purchases; and
(iii) organize joint emergency response training and exercises.
(b) The political subdivisions within a region designated in Subsection (3)(a) may not
establish the region as a new government entity in the emergency disaster declaration process
under Section 
53-2a-208
.
(4) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) establish protocol for prevention, mitigation, preparedness, response, recovery, and
the activities described in Subsection (3);
(b) coordinate federal, state, and local resources in a declared disaster or local
emergency; and
(c) implement provisions of the Emergency Management Assistance Compact as
provided in Section 
53-2a-402
 and Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.
(5) The division may consult with the Legislative Management Committee, the Judicial
Council, and legislative and judicial staff offices to assist the division in preparing emergency
succession plans and procedures under Title 53, Chapter 2a, Part 8, Emergency Interim
Succession Act.
(6) The division shall report annually in writing not later than October 31 to the Law
Enforcement and Criminal Justice, and Political Subdivisions Interim Committees regarding
the status of the emergency alert system in the state. The report shall include:
(a) a status summary of the number of alerting authorities in Utah;
(b) any changes in that number;
(c) administrative actions taken; and
(d) any other information considered necessary by the division.
Section 14. Section 
53-2a-203
 is amended to read:
53-2a-203.
Definitions.
As used in this part:
(1) "Chief executive officer" means:
(a) for a municipality:
(i) the mayor for a municipality operating under all forms of municipal government
except the council-manager form of government; or
(ii) the city manager for a municipality operating under the council-manager form of
government;
(b) for a county:
(i) the chair of the county commission for a county operating under the county
commission or expanded county commission form of government;
(ii) the county executive officer for a county operating under the county-executive
council form of government; or
(iii) the county manager for a county operating under the council-manager form of
government; [
or
]
(c) for a special service district:
(i) the chief executive officer of the county or municipality that created the special
service district if authority has not been delegated to an administrative control board as
provided in Section 
17D-1-301
;
(ii) the chair of the administrative control board to which authority has been delegated
as provided in Section 
17D-1-301
; or
(iii) the general manager or other officer or employee to whom authority has been
delegated by the governing body of the special service district as provided in Section
17D-1-301
; or
(d) for a local district:
(i) the chair of the board of trustees selected as provided in Section 
17B-1-309
; or
(ii) the general manager or other officer or employee to whom authority has been
delegated by the board of trustees.
(2) "Executive action" means any of the following actions by the governor during a
state of emergency:
(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 or modify a statute as described in Subsection
53-2a-204
(1)(j); or
(c) an action by the governor to suspend the enforcement of a statute as described in
Subsection 
53-2a-209
(4).
(3) "Exigent circumstances" means a significant change in circumstances following the
expiration of a state of emergency declared in accordance with this chapter that:
(a) substantially increases the threat to public safety or health relative to the
circumstances in existence when the state of emergency expired;
(b) poses an imminent threat to public safety or health; and
(c) was not known or foreseen and could not have been known or foreseen at the time
the state of emergency expired.
(4) "Legislative emergency response committee" means the Legislative Emergency
Response Committee created in Section 
53-2a-218
.
[
(2)
] 
(5)
 "Local emergency" means a condition in any municipality or county of the
state which requires that emergency assistance be provided by the affected municipality or
county or another political subdivision to save lives and protect property within its jurisdiction
in response to a disaster, or to avoid or reduce the threat of a disaster.
(6) "Long-term state of emergency" means a state of emergency:
(a) that lasts longer than 30 days; or
(b) declared to respond to exigent circumstances as described in Subsection
53-2a-206
(3).
[
(3)
] 
(7)
 "Political subdivision" means a municipality, county, special service district,
or local district.
Section 15. Section 
53-2a-204
 is amended to read:
53-2a-204.
Authority of governor -- Federal assistance -- Fraud or willful
misstatement in application for financial assistance -- Penalty.
(1) In addition to any other authorities conferred upon the governor, if the governor
issues an executive order declaring a state of emergency, 
subject to limitation by the
Legislature as described in Subsection 
53-2a-206
(5),
 the governor may:
(a) utilize all available resources of state government as reasonably necessary to cope
with a state of emergency;
(b) employ measures and give direction to state and local officers and agencies that are
reasonable and necessary for the purpose of securing compliance with the provisions of this
part and with orders, rules, and regulations made pursuant to this part;
(c) recommend and advise the evacuation of all or part of the population from any
stricken or threatened area within the state if necessary for the preservation of life;
(d) recommend routes, modes of transportation, and destination in connection with
evacuation;
(e) in connection with evacuation, suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful
bearing of arms;
(f) control ingress and egress to and from a disaster area, the movement of persons
within the area, and recommend the occupancy or evacuation of premises in a disaster area;
(g) clear or remove from publicly or privately owned land or water debris or wreckage
that is an immediate threat to public health, public safety, or private property, including
allowing an employee of a state department or agency designated by the governor to enter upon
private land or waters and perform any tasks necessary for the removal or clearance operation if
the political subdivision, corporation, organization, or individual that is affected by the removal
of the debris or wreckage:
(i) presents an unconditional authorization for removal of the debris or wreckage from
private property; and
(ii) agrees to indemnify the state against any claim arising from the removal of the
debris or wreckage;
(h) enter into agreement with any agency of the United States:
(i) for temporary housing units to be occupied by victims of a state of emergency or
persons who assist victims of a state of emergency; and
(ii) to make the housing units described in Subsection (1)(h)(i) available to a political
subdivision of this state;
(i) assist any political subdivision of this state to acquire sites and utilities necessary for
temporary housing units described in Subsection (1)(h)(i) by passing through any funds made
available to the governor by an agency of the United States for this purpose;
(j) subject to Sections 
53-2a-209
 and 
53-2a-214
, temporarily suspend or modify by
executive order, during the state of emergency, any public health, safety, zoning, transportation,
or other requirement of a statute or administrative rule within this state if such action is
essential to provide temporary housing described in Subsection (1)(h)(i);
(k) upon determination that a political subdivision of the state will suffer a substantial
loss of tax and other revenues because of a state of emergency and the political subdivision so
affected has demonstrated a need for financial assistance to perform its governmental
functions, in accordance with Utah Constitution, Article XIV, Sections 3 and 4, and Section
10-8-6
:
(i) apply to the federal government for a loan on behalf of the political subdivision if
the amount of the loan that the governor applies for does not exceed 25% of the annual
operating budget of the political subdivision for the fiscal year in which the state of emergency
occurs; and
(ii) receive and disburse the amount of the loan to the political subdivision;
(l) accept funds from the federal government and make grants to any political
subdivision for the purpose of removing debris or wreckage from publicly owned land or
water;
(m) subject to Section 
53-2a-217
, upon determination that financial assistance is
essential to meet expenses related to a state of emergency of individuals or families adversely
affected by the state of emergency that cannot be sufficiently met from other means of
assistance, apply for, accept, and expend a grant by the federal government to fund the financial
assistance, subject to the terms and conditions imposed upon the grant;
(n) recommend to the Legislature other actions the governor considers to be necessary
to address a state of emergency; or
(o) authorize the use of all water sources as necessary for fire suppression.
(2) A person who fraudulently or willfully makes a misstatement of fact in connection
with an application for financial assistance under this section shall, upon conviction of each
offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one
year, or both.
Section 16. Section 
53-2a-205
 is amended to read:
53-2a-205.
Authority of chief executive officers of political subdivisions --
Ordering of evacuations.
(1) (a) In order to protect life and property when a state of emergency or local
emergency has been declared, 
subject to limitation by the Legislature as described in
Subsection 
53-2a-206
(5), and subject to Section 
53-2a-216
,
 the chief executive officer of each
political subdivision of the state is authorized to:
(i) carry out, in the chief executive officer's jurisdiction, the measures as may be
ordered by the governor under this part; and
(ii) take any additional measures the chief executive officer may consider necessary,
subject to the limitations and provisions of this part.
(b) The chief executive officer may not take an action that is inconsistent with any
order, rule, regulation, or action of the governor.
(2) [
When
] 
Subject to Section 
53-2a-216
, when
 a state of emergency or local
emergency is declared, the authority of the chief executive officer includes:
(a) utilizing all available resources of the political subdivision as reasonably necessary
to manage a state of emergency or local emergency;
(b) employing measures and giving direction to local officers and agencies which are
reasonable and necessary for the purpose of securing compliance with the provisions of this
part and with orders, rules, and regulations made under this part;
(c) if necessary for the preservation of life, issuing an order for the evacuation of all or
part of the population from any stricken or threatened area within the political subdivision;
(d) recommending routes, modes of transportation, and destinations in relation to an
evacuation;
(e) suspending or limiting the sale, dispensing, or transportation of alcoholic beverages,
explosives, and combustibles in relation to an evacuation, except that the chief executive
officer may not restrict the lawful bearing of arms;
(f) controlling ingress and egress to and from a disaster area, controlling the movement
of persons within a disaster area, and ordering the occupancy or evacuation of premises in a
disaster area;
(g) clearing or removing debris or wreckage that may threaten public health, public
safety, or private property from publicly or privately owned land or waters, except that where
there is no immediate threat to public health or safety, the chief executive officer shall not
exercise this authority in relation to privately owned land or waters unless:
(i) the owner authorizes the employees of designated local agencies to enter upon the
private land or waters to perform any tasks necessary for the removal or clearance; and
(ii) the owner provides an unconditional authorization for removal of the debris or
wreckage and agrees to indemnify the local and state government against any claim arising
from the removal; and
(h) invoking the provisions of any mutual aid agreement entered into by the political
subdivision.
(3) (a) If the chief executive is unavailable to issue an order for evacuation under
Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area may issue
an urgent order for evacuation, for a period not to exceed 36 hours, if the order is necessary for
the preservation of life.
(b) The chief executive officer may ratify, modify, or revoke the chief law enforcement
officer's order.
(4) Notice of an order or the ratification, modification, or revocation of an order issued
under this section shall be:
(a) given to the persons within the jurisdiction by the most effective and reasonable
means available; and
(b) filed in accordance with Subsection 
53-2a-209
(1).
Section 17. Section 
53-2a-206
 is amended to read:
53-2a-206.
State of emergency -- Declaration -- Termination -- Commander in
chief of military forces.
(1) A state of emergency may be declared by executive order of the governor if the
governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent in
any area of the state in which state government assistance is required to supplement the
response and recovery efforts of the affected political subdivision or political subdivisions.
[
(2) A state of emergency shall continue until the governor finds the threat or danger
has passed or the disaster reduced to the extent that emergency conditions no longer exist.
]
[
(3) A state of emergency may not continue for longer than 30 days unless extended by
joint resolution of the Legislature, which may also terminate a state of emergency by joint
resolution at any time.
]
(2) (a) Except as provided in Subsection (2)(b), a state of emergency described in
Subsection (1) expires at the earlier of:
(i) the day on which the governor finds that the threat or danger has passed or the
disaster reduced to the extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the governor declared the state of emergency; or
(iii) the day on which the Legislature terminates the state of emergency by joint
resolution.
(b) (i) The Legislature may, by joint resolution, extend a state of emergency for a time
period designated in the joint resolution.
(ii) If the Legislature extends a state of emergency in accordance with this subsection,
the state of emergency expires on the date designated in the joint resolution.
(c) Except as provided in Subsection (3), if a state of emergency expires as described in
Subsection (2), the governor may not declare a new state of emergency for the same disaster or
occurrence as the expired state of emergency.
(3) (a) After a state of emergency expires in accordance with Subsection (2), and
subject to Subsection (4), the governor may declare a new state of emergency in response to the
same disaster or occurrence as the expired state of emergency, if the governor finds that exigent
circumstances exist.
(b) A state of emergency declared in accordance with Subsection (3)(a) expires in
accordance with Subsections (2)(a) and (b).
(c) After a state of emergency declared in accordance with Subsection (3)(a) expires,
the governor may not declare a new state of emergency in response to the same disaster or
occurrence as the expired state of emergency, regardless of whether exigent circumstances
exist.
(4) (a) (i) If the Legislature finds that emergency conditions warrant the extension of a
state of emergency beyond 30 days as described in Subsection (2)(b), the Legislature may
extend the state of emergency and specify which emergency powers described in this part are
necessary to respond to the emergency conditions present at the time of the extension of the
state of emergency.
(ii) Circumstances that may warrant the extension of a state of emergency with limited
emergency powers include:
(A) the imminent threat of the emergency has passed, but continued fiscal response
remains necessary; or
(B) emergency conditions warrant certain executive actions, but certain emergency
powers such as suspension of enforcement of statute are not necessary.
(b) For any state of emergency extended by the Legislature beyond 30 days as
described in Subsection (2)(b), the Legislature may, by joint resolution:
(i) extend the state of emergency and maintain all of the emergency powers described
in this part; or
(ii) limit or restrict certain emergency powers of:
(A) the division as described in Section 
53-2a-104
;
(B) the governor as described in Section 
53-2a-204
;
(C) a chief executive officer of a political subdivision as described in Section
53-2a-205
; or
(D) other executive emergency powers described in this chapter.
(c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
Legislature shall:
(i) include in the joint resolution findings describing the nature and current conditions
of the emergency that warrant the continuation or limitation of certain emergency powers; and
(ii) clearly enumerate and describe in the joint resolution which powers:
(A) are being limited or restricted; or
(B) shall remain in force.
[
(4)
] 
(5)
 [
The
] 
If the Legislature terminates a state of emergency by joint resolution, the
governor shall issue an executive order ending the state of emergency on receipt of the
Legislature's resolution.
[
(5)
] 
(6)
 An executive order described in this section 
to declare a state of emergency
shall state:
(a) the nature of the state of emergency;
(b) the area or areas threatened; and
(c) the conditions creating such an emergency or those conditions allowing termination
of the state of emergency.
[
(6)
] 
(7)
 During the continuance of any state of emergency the governor is commander
in chief of the military forces of the state in accordance with Utah Constitution Article VII,
Section 4, and Title 39, Chapter 1, State Militia.
Section 18. Section 
53-2a-208
 is amended to read:
53-2a-208.
Local emergency -- Declarations -- Termination of a local emergency.
[
(1) (a) A local emergency may be declared by proclamation of the chief executive
officer of a municipality or county.
]
[
(b) A local emergency shall not be continued or renewed for a period in excess of 30
days except by or with the consent of the governing body of the municipality or county.
]
[
(c) Any order or proclamation declaring, continuing, or terminating a local emergency
shall be filed promptly with the office of the clerk of the affected municipality or county.
]
(1) A chief executive officer of a municipality or county may declare by proclamation a
state of emergency if the chief executive officer finds:
(a) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
area of the municipality or county; and
(b) the municipality or county requires additional assistance to supplement the
response and recovery efforts of the municipality or county.
(2) A declaration of a local emergency:
(a) constitutes an official recognition that a disaster situation exists within the affected
municipality or county;
(b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
from other political subdivisions or from the state or federal government;
(c) activates the response and recovery aspects of any and all applicable local disaster
emergency plans; and
(d) authorizes the furnishing of aid and assistance in relation to the proclamation.
(3) A local emergency proclamation issued under this section shall state:
(a) the nature of the local emergency;
(b) the area or areas that are affected or threatened; and
(c) the conditions which caused the emergency.
(4) The emergency declaration process within the state shall be as follows:
(a) a city, town, or metro township shall declare to the county;
(b) a county shall declare to the state;
(c) the state shall declare to the federal government; and
(d) a tribe, as defined in Section 
23-13-12.5
, shall declare as determined under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.
(5) Nothing in this part affects:
(a) the governor's authority to declare a state of emergency under Section 
53-2a-206
; or
(b) the duties, requests, reimbursements, or other actions taken by a political
subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
Part 3, Statewide Mutual Aid Act.
(6) (a) Except as provided in Subsection (6)(b), a state of emergency described in
Subsection (1) expires the earlier of:
(i) the day on which the chief executive officer finds that:
(A) the threat or danger has passed;
(B) the disaster reduced to the extent that emergency conditions no longer exist; or
(C) the municipality or county no longer requires state government assistance to
supplement the response and recovery efforts of the municipality or county;
(ii) 30 days after the day on which the chief executive officer declares the state of
emergency; or
(iii) the day on which the legislative body of the municipality or county terminates the
state of emergency by majority vote.
(b) (i) (A) The legislative body of a municipality may at any time terminate by majority
vote a state of emergency declared by the chief executive officer of the municipality.
(B) The legislative body of a county may at any time terminate by majority vote a state
of emergency declared by the chief executive officer of the county.
(ii) The legislative body of a municipality or county may by majority vote extend a
state of emergency for a time period stated in the motion.
(iii) If the legislative body of a municipality or county extends a state of emergency in
accordance with this subsection, the state of emergency expires on the date designated by the
legislative body in the motion.
(c) Except as provided in Subsection (7), after a state of emergency expires in
accordance with this Subsection (6), the chief executive officer may not declare a new state of
emergency in response to the same disaster or occurrence as the expired state of emergency.
(7) (a) After a state of emergency expires in accordance with Subsection (2), the chief
executive officer may declare a new state of emergency in response to the same disaster or
occurrence as the expired state of emergency, if the chief executive officer finds that exigent
circumstances exist.
(b) A state of emergency declared in accordance with Subsection (7)(a) expires in
accordance with Subsections (6)(a) and (b).
(c) After a state of emergency declared in accordance with Subsection (7)(a) expires,
the chief executive officer may not declare a new state of emergency in response to the same
disaster or occurrence as the expired state of emergency, regardless of whether exigent
circumstances exist.
Section 19. Section 
53-2a-209
 is amended to read:
53-2a-209.
Orders, rules, and regulations having force of law -- Filing
requirements -- Suspension of state agency rules -- Suspension of enforcement of certain
statutes during a state of emergency.
(1) [
All
] 
Subject to Section 
53-2a-216
, all
 orders, rules, and regulations promulgated
by the governor, a municipality, a county, or other agency authorized by this part to make
orders, rules, and regulations, not in conflict with existing laws except as specifically provided
in this section, shall have the full force and effect of law during the state of emergency.
(2) A copy of the order, rule, or regulation promulgated under Subsection (1) shall be
filed as soon as practicable with:
(a) the Office of Administrative Rules, if issued by the governor or a state agency; or
(b) the office of the clerk of the municipality or county, if issued by the chief executive
officer of a municipality or county.
(3) The governor may suspend the provisions of any order, rule, or regulation of any
state agency, if the strict compliance with the provisions of the order, rule, or regulation would
substantially prevent, hinder, or delay necessary action in coping with the emergency or
disaster.
(4) (a) Except as provided in Subsection (4)(b) and subject to Subsections (4)(c) and
(d), the governor may by executive order suspend the enforcement of a statute if:
(i) the governor declares a state of emergency in accordance with Section 
53-2a-206
;
(ii) the governor determines that suspending the enforcement of the statute is:
(A) directly related to the state of emergency described in Subsection (4)(a)(i); and
(B) necessary to address the state of emergency described in Subsection (4)(a)(i);
(iii) the executive order:
(A) describes how the suspension of the enforcement of the statute is:
(I) directly related to the state of emergency described in Subsection (4)(a)(i); and
(II) necessary to address the state of emergency described in Subsection (4)(a)(i); and
(B) provides the citation of the statute that is the subject of suspended enforcement;
(iv) the governor acts in good faith;
(v) the governor provides notice of the suspension of the enforcement of the statute to
the speaker of the House of Representatives and the president of the Senate no later than 24
hours after suspending the enforcement of the statute; and
(vi) the governor makes the report required by Section 
53-2a-210
.
(b) (i) Except as provided in Subsection (4)(b)(ii), the governor may not suspend the
enforcement of a criminal penalty created in statute.
(ii) The governor may suspend the enforcement of a misdemeanor or infraction if:
(A) the misdemeanor or infraction relates to food, health, or transportation; and
(B) the requirements of Subsection (4)(a) are met.
(c) A suspension described in this Subsection (4) terminates no later than the date the
governor terminates the state of emergency in accordance with Section 
53-2a-206
 to which the
suspension relates.
(d) The governor:
(i) shall provide the notice required by Subsection (4)(a)(v) using the best available
method under the circumstances as determined by the governor;
(ii) may provide the notice required by Subsection (4)(a)(v) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(e) If circumstances prevent the governor from providing notice to the speaker of the
House of Representatives or the president of the Senate, notice shall be provided in the best
available method to the presiding member of the respective body as is reasonable.
Section 20. Section 
53-2a-215
 is amended to read:
53-2a-215.
Requirements for long-term 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)
] 
(1)
 (a) (i) Except as provided in Subsection [
(4)
] 
(2)
, and in accordance with
Subsection [
(3)(b)
] 
(1)(b), during a long-term state of emergency
, the governor may not take an
executive action in response to [
an epidemic or pandemic disease
] 
the emergency
 until the
governor has provided notice of the proposed action to the legislative [
pandemic response
team
] 
emergency response committee
 no later than 24 hours before the governor issues the
executive action.
(ii) The governor:
(A) shall provide the notice required by Subsection [
(3)
] 
(1)
(a)(i) using the best
available method under the circumstances as determined by the governor;
(B) may provide the notice required by Subsection [
(3)
] 
(1)
(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 
in response to a long-term
emergency
.
(c) If the governor takes executive action in response to [
an epidemic or pandemic
disease
] 
a long-term emergency
 as described in this Subsection [
(3)
] 
(1)
, 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)
] 
(2)
 (a) The governor may take executive action in response [
to an epidemic or
pandemic disease
] 
during a long-term emergency
 without complying with Subsection [
(3)
] 
(1)
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)
] 
(1)
 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
] 
a
long-term
 emergency without complying with the requirements of Subsection [
(3)
] 
(1)
(a), the
governor shall provide in the executive action an explanation why the requirements of
Subsection [
(3)
] 
(1)
(a) were not met.
[
(5)
] 
(3)
 This section supersedes any conflicting provisions of Utah law.
[
(6)
] 
(4)
 Notwithstanding any other provision of law, the governor may not suspend the
application or enforcement of this section.
Section 21. Section 
53-2a-216
 is amended 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, ordinance, or action by a chief executive officer of a county or
municipality as described in Section 
53-2a-205
 in response to a state of emergency that has
been in effect for more than 30 days;
(b) a local declaration of emergency described in Section 
53-2a-208
 that has been in
effect for more than 30 days;
[
(a)
] 
(c)
 an order, a rule, or a regulation made by the governor
, a municipality, county,
or other agency
 as described in Section 
53-2a-209
;
[
(b)
] 
(d)
 an action by the governor to suspend the enforcement of a statute as described
in Subsection 
53-2a-209
(4); or
[
(c)
] 
(e)
 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 22. Section 
53-2a-217
 is amended to read:
53-2a-217.
Procurement process during an epidemic or pandemic emergency.
(1) As used in this section, "epidemic or pandemic disease" means the same as that
term is defined in Section [
53-2a-215
] 
26-23b-102
.
(2) (a) During a state of emergency declared as described in Section 
53-2a-206
 that is
in response or related to an epidemic or pandemic disease emergency, or during a national
epidemic or pandemic emergency, the governor shall provide notice to the Legislature within
24 hours after an expenditure or procurement, if the expenditure or procurement:
(i) uses federal funds received as described in Subsection 
53-2a-204
(1)(m);
(ii) totals more than $2,000,000 or includes a line item of more than $2,000,000; and
(iii) is made using emergency procurement processes as described in Section
63G-6a-803
.
(b) The governor may not divide an expenditure or procurement into multiple
expenditures or procurements to fall below the $2,000,000 threshold described in Subsection
(2)(a)(ii).
Section 23. Section 
53-2a-218
 is enacted to read:
 53-2a-218.
Legislative Emergency Response Committee.
(1) There is created an ad hoc committee known as the Legislative Emergency
Response Committee.
(2) (a) The committee membership includes:
(i) the same membership as the Executive Appropriations Committee as constituted at
the time the committee is convened;
(ii) between four and six additional members designated by the speaker of the House of
Representatives, chosen from the following:
(A) one or more members of the House of Representatives that serve as chair or
vice-chair of a legislative committee with a subject matter focus relevant to the current
emergency;
(B) one or more members of the House of Representatives with relevant expertise or
experience relevant to the current emergency; or
(C) one or more members of the House of Representatives from a minority party that
serves on a relevant legislative committee or that has expertise and experience relevant to the
current emergency; and
(iii) between four and six additional members designated by the president of the
Senate, chosen from the following:
(A) one or more members of the Senate that serve as chair or vice-chair of a legislative
committee with a subject matter focus relevant to the current emergency;
(B) one or more members of the Senate with relevant expertise or experience relevant
to the current emergency; or
(C) one or more members of the Senate from a minority party that serves on a relevant
legislative committee or that has expertise and experience relevant to the current emergency.
(b) The speaker of the House of Representatives and the president of the Senate shall
coordinate to ensure they each appoint the same number of legislators as described under
Subsections (2)(a)(ii) and (iii).
(3) The speaker of the House of Representatives and the president of the Senate shall
serve as chairs of the committee.
(4) The Office of Legislative Research and General Counsel shall provide staff support
to the committee.
(5) (a) If the governor declares a state of emergency as described in this chapter, and
the governor finds that the emergency conditions warrant an extension of the state of
emergency beyond the 30-day term or another date designated by the Legislature as described
in Section 
53-2a-206
, the governor shall provide written notice to the speaker of the House of
Representatives and the president of the Senate at least 10 days before the expiration of the
state of emergency.
(b) If the speaker of the House of Representatives and the president of the Senate
receive notice as described in Subsection (5)(a) for a state of emergency within the first 30 days
from the initial declaration of the state of emergency, or from the Department of Health as
described in Section 
26-23b-104
, or from a local health department as described in Section
26A-1-121
, the speaker of the House of Representatives and the president of the Senate:
(i) shall poll the members of their respective bodies to determine whether the
Legislature will extend the state of emergency; and
(ii) may jointly convene the committee.
(c) If the speaker of the House of Representatives and the president of the Senate
receive notice as described in Subsection (5)(a) for a state of emergency that has been extended
beyond 30 days from the initial declaration of a state of emergency, the speaker of the House of
Representatives and the president of the Senate shall jointly convene the committee.
(6) If the committee is convened as described in Subsection (5), the committee shall
conduct a public meeting to:
(a) discuss the nature of the emergency and conditions of the emergency;
(b) evaluate options for emergency response;
(c) receive testimony from individuals with expertise relevant to the current
emergency;
(d) receive testimony from members of the public; and
(e) provide a recommendation to the Legislature whether to extend the state of
emergency by joint resolution.
Section 24. Section 
53-2a-219
 is enacted to read:
 53-2a-219.
Religious practice during a state of emergency.
(1) During a state of emergency declared as described in this chapter:
(a) the governor or chief executive officer of a political subdivision may not impose a
restriction on a religious gathering that is more restrictive than a restriction on any other
relevantly similar gathering; and
(b) an individual, while acting or purporting to act within the course and scope of the
individual's official government capacity, may not:
(i) prevent a religious gathering that is held in a manner consistent with any order or
restriction issued pursuant to this part; or
(ii) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order or restriction issued pursuant to this part.
(2) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this section.
(3) During a state of emergency declared as described in this title, the governor or the
chief executive of a political subdivision shall not issue an executive order or impose or
implement a regulation that substantially burdens an individual's exercise of religion unless the
governor or chief executive officer of the political subdivision demonstrates that the
application of the burden to the individual:
(a) is in furtherance of a compelling government interest; and
(b) is the least restrictive means of furthering that compelling government interest.
(4) Notwithstanding Subsections (1) and (3), an executive order shall allow reasonable
accommodations for an individual to perform or participate in a religious practice or rite.
Section 25. Section 
53-2a-703
 is amended to read:
53-2a-703.
Hazardous materials emergency -- Recovery of expenses.
(1) (a) The Hazardous Chemical Emergency Response Commission may recover from
those persons whose negligent actions caused the hazardous materials emergency, expenses
directly associated with a response to a hazardous materials emergency taken under authority of
this part, Title 53, Chapter 2a, Part 1, Emergency Management Act, or Title 53, Chapter 2a,
Part 2, Disaster Response and Recovery Act, that are incurred by:
(i) a state agency;
(ii) a political subdivision as defined in [
Subsection 
53-2a-203
(3)
] 
Section 
53-2a-203
;
or
(iii) an interlocal entity, described in Section 
11-13-203
, providing emergency services
to a political subdivision pursuant to written agreement.
(b) The payment of expenses under this Subsection (1) is not an admission of liability
or negligence in any legal action for damages.
(c) The Hazardous Chemical Emergency Response Commission may obtain assistance
from the attorney general or a county attorney of the affected jurisdiction to assist in recovering
expenses and legal fees.
(d) Any recovered costs shall be deposited in the General Fund as dedicated credits to
be used by the division to reimburse an entity described in Subsection (1)(a) for costs incurred
by the entity.
(2) (a) If the cost directly associated with emergency response exceeds all available
funds of the division within a given fiscal year, the division, with approval from the governor,
may incur a deficit in its line item budget.
(b) The Legislature shall provide a supplemental appropriation in the following year to
cover the deficit.
(c) The division shall deposit all costs associated with any emergency response that are
collected in subsequent fiscal years into the General Fund.
(3) Any political subdivision may enact local ordinances pursuant to existing statutory
or constitutional authority to provide for the recovery of expenses incurred by the political
subdivision.
Section 26. Section 
63G-3-304
 is amended to read:
63G-3-304.
Emergency rulemaking procedure.
(1) All agencies shall comply with the rulemaking procedures of Section 
63G-3-301
unless an agency finds that these procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or federal
requirements; or
(c) place the agency in violation of federal or state law.
(2) (a) When finding that its rule is excepted from regular rulemaking procedures by
this section, the agency shall file with the office 
and the members of the Administrative Rules
Review Committee
:
(i) the text of the rule; and
(ii) a rule analysis that includes the specific reasons and justifications for its findings.
(b) The office shall publish the rule in the bulletin as provided in Subsection
63G-3-301
(4).
(c) The agency shall notify interested persons as provided in Subsection
63G-3-301
(10).
(d) [
The
] 
Subject to Subsection 
63G-3-502
(4), the
 rule becomes effective for a period
not exceeding 120 days on the date of filing or any later date designated in the rule.
(3) If the agency intends the rule to be effective beyond 120 days, the agency shall also
comply with the procedures of Section 
63G-3-301
.
Section 27. Section 
63G-3-501
 is amended to read:
63G-3-501.
Administrative Rules Review Committee.
(1) (a) There is created an Administrative Rules Review Committee of the following
10 permanent members:
(i) five members of the Senate appointed by the president of the Senate, no more than
three of whom may be from the same political party; and
(ii) five members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than three of whom may be from the same political party.
(b) Each permanent member shall serve:
(i) for a two-year term; or
(ii) until the permanent member's successor is appointed.
(c) (i) A vacancy exists when a permanent member ceases to be a member of the
Legislature, or when a permanent member resigns from the committee.
(ii) When a vacancy exists:
(A) if the departing member is a member of the Senate, the president of the Senate
shall appoint a member of the Senate to fill the vacancy; or
(B) if the departing member is a member of the House of Representatives, the speaker
of the House of Representatives shall appoint a member of the House of Representatives to fill
the vacancy.
(iii) The newly appointed member shall serve the remainder of the departing member's
unexpired term.
(d) (i) The president of the Senate shall designate a member of the Senate appointed
under Subsection (1)(a)(i) as a cochair of the committee.
(ii) The speaker of the House of Representatives shall designate a member of the
House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the committee.
(e) Three representatives and three senators from the permanent members are a quorum
for the transaction of business at any meeting.
(f) (i) Subject to Subsection (1)(f)(ii), the committee shall meet at least once each
month to review new agency rules, amendments to existing agency rules, and repeals of
existing agency rules.
(ii) The committee chairs may suspend the meeting requirement described in
Subsection (1)(f)(i) at the committee chairs' discretion.
(2) The office shall submit a copy of each issue of the bulletin to the committee.
(3) (a) The committee shall exercise continuous oversight of the rulemaking process.
(b) The committee shall examine each rule
, including any rule made according to the
emergency rulemaking procedure described in Section 
63G-3-304
,
 submitted by an agency to
determine:
(i) whether the rule is authorized by statute;
(ii) whether the rule complies with legislative intent;
(iii) the rule's impact on the economy and the government operations of the state and
local political subdivisions;
(iv) the rule's impact on affected persons;
(v) the rule's total cost to entities regulated by the state;
(vi) the rule's benefit to the citizens of the state; and
(vii) whether adoption of the rule requires legislative review or approval.
(c) The committee may examine and review:
(i) any executive order issued pursuant to Title 53, Chapter 2a, Part 2, Disaster
Response and Recovery Act; or
(ii) any public health order issued during a public health emergency declared in
accordance with Title 26, Utah Health Code, or Title 26A, Local Health Authorities.
[
(c)
] 
(d)
 (i) To carry out these duties, the committee may examine any other issues that
the committee considers necessary.
(ii) The committee may also notify and refer rules to the chairs of the interim
committee that has jurisdiction over a particular agency when the committee determines that an
issue involved in an agency's rules may be more appropriately addressed by that committee.
[
(d)
] 
(e)
 In reviewing a rule, the committee shall follow generally accepted principles
of statutory construction.
(4) When the committee reviews an existing rule, the committee chairs shall invite the
Senate and House chairs of the standing committee and of the appropriation subcommittee that
have jurisdiction over the agency whose existing rule is being reviewed to participate as
nonvoting, ex officio members with the committee.
(5) The committee may request that the Office of the Legislative Fiscal Analyst prepare
a fiscal note on any rule.
(6) In order to accomplish the committee's functions described in this chapter, the
committee has all the powers granted to legislative interim committees under Section 
36-12-11
.
(7) (a) The committee may prepare written findings of the committee's review of a rule
or policy
 and may include any recommendation, including legislative action.
(b) When the committee reviews a rule, the committee shall provide to the agency that
enacted the rule:
(i) the committee's findings, if any; and
(ii) a request that the agency notify the committee of any changes the agency makes to
the rule.
(c) The committee shall provide a copy of the committee's findings, if any, to:
(i) any member of the Legislature, upon request;
(ii) any person affected by the rule, upon request;
(iii) the president of the Senate;
(iv) the speaker of the House of Representatives;
(v) the Senate and House chairs of the standing committee that has jurisdiction over the
agency that made the rule; and
(vi) the Senate and House chairs of the appropriation subcommittee that has
jurisdiction over the agency that made the rule.
(8) (a) (i) The committee may submit a report on the committee's review of state
agency rules to each member of the Legislature at each regular session.
(ii) The report shall include:
(A) any finding or recommendation the committee made under Subsection (7);
(B) any action an agency took in response to a committee recommendation; and
(C) any recommendation by the committee for legislation.
(b) If the committee receives a recommendation not to reauthorize a rule, as described
in Subsection 
63G-3-301
(13)(b), and the committee recommends to the Legislature
reauthorization of the rule, the committee shall submit a report to each member of the
Legislature detailing the committee's decision.
Section 28. Section 
63G-3-502
 is amended to read:
63G-3-502.
Legislative reauthorization of agency rules -- Extension of rules by
governor.
(1) All grants of rulemaking power from the Legislature to a state agency in any statute
are made subject to the provisions of this section.
(2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on
February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized
by the Legislature.
(b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire
if:
(i) the rule is explicitly mandated by a federal law or regulation; or
(ii) a provision of Utah's constitution vests the agency with specific constitutional
authority to regulate.
(3) (a) The Administrative Rules Review Committee shall have omnibus legislation
prepared for consideration by the Legislature during its annual general session.
(b) The omnibus legislation shall be substantially in the following form: "All rules of
Utah state agencies are reauthorized except for the following:".
(c) Before sending the legislation to the governor for the governor's action, the
Administrative Rules Review Committee may send a letter to the governor and to the agency
explaining specifically why the committee believes any rule should not be reauthorized.
(d) For the purpose of this section, the entire rule, a single section, or any complete
paragraph of a rule may be excepted for reauthorization in the omnibus legislation considered
by the Legislature.
(4) (a) The Administrative Rules Review Committee may have legislation prepared for
consideration by the Legislature in the annual general session or a special session regarding any
rule made according to emergency rulemaking procedures described in Section 
63G-3-304
.
[
(4)
] 
(5)
 The Legislature's reauthorization of a rule by legislation does not constitute
legislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative
intent.
[
(5)
] 
(6)
 (a) If an agency believes that a rule that has not been reauthorized by the
Legislature or that will be allowed to expire should continue in full force and effect and is a
rule within their authorized rulemaking power, the agency may seek the governor's declaration
extending the rule beyond the expiration date.
(b) In seeking the extension, the agency shall submit a petition to the governor that
affirmatively states:
(i) that the rule is necessary; and
(ii) a citation to the source of its authority to make the rule.
(c) (i) If the governor finds that the necessity does exist, and that the agency has the
authority to make the rule, the governor may declare the rule to be extended by publishing that
declaration in the Administrative Rules Bulletin on or before April 15 of that year.
(ii) The declaration shall set forth the rule to be extended, the reasons the extension is
necessary, and a citation to the source of the agency's authority to make the rule.
(d) If the omnibus bill required by Subsection (3) fails to pass both houses of the
Legislature or is found to have a technical legal defect preventing reauthorization of
administrative rules intended to be reauthorized by the Legislature, the governor may declare
all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin
on or before June 15 without meeting requirements of Subsections [
(5)
] 
(6)
(b) and (c).