Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 182 First Substitute (2022GS)

Sponsor

Rep. Strong, M.A.

Final action

Governor Signed 3/15/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• excludes state facilities and the capitol hill complex from the authority and jurisdiction of a local health department pertaining to an order of constraint;
• prohibits a chief executive officer of a municipality from exercising emergency powers in response to a pandemic or an epidemic;
• prohibits a chief executive officer or a municipality or county from vetoing an action by the relevant local legislative body to terminate an order of constraint or a declaration of a local emergency;
• enacts a provision indicating that the Disaster Response and Recovery Act preempts and supersedes any law of a political subdivision of the state pertaining to disaster and emergency response; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL HEALTH DEPARTMENT ORDER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill excludes state facilities and the capitol hill complex from the authority and
jurisdiction of a local health department pertaining to an order of constraint.
Highlighted Provisions:
This bill:
▸ excludes state facilities and the capitol hill complex from the authority and
jurisdiction of a local health department pertaining to an order of constraint;
▸ prohibits a chief executive officer of a municipality from exercising emergency
powers in response to a pandemic or an epidemic;
▸ prohibits a chief executive officer or a municipality or county from vetoing an
action by the relevant local legislative body to terminate an order of constraint or a
declaration of a local emergency;
▸ enacts a provision indicating that the Disaster Response and Recovery Act preempts
and supersedes any law of a political subdivision of the state pertaining to disaster
and emergency response; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-53-302
, as last amended by Laws of Utah 2011, Chapter 209
26A-1-108
, as last amended by Laws of Utah 2018, Chapter 256
26A-1-114
, as last amended by Laws of Utah 2021, Chapter 437
53-2a-102
, as last amended by Laws of Utah 2021, Chapter 106
53-2a-205
, as last amended by Laws of Utah 2021, Chapter 437
53-2a-208
, as last amended by Laws of Utah 2021, Chapter 437
53-2a-213
, as renumbered and amended by Laws of Utah 2013, Chapter 295
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-53-302
 is amended to read:
17-53-302.
County executive duties.
Each county executive shall:
(1) exercise supervisory control over all functions of the executive branch of county
government;
(2) direct and organize the management of the county in a manner consistent with state
law, county ordinance, and the county's optional plan of county government;
(3) carry out programs and policies established by the county legislative body;
(4) faithfully ensure compliance with all applicable laws and county ordinances;
(5) exercise supervisory and coordinating control over all departments of county
government;
(6) except as otherwise vested in the county legislative body by state law or by the
optional plan of county government, and subject to Section 
17-53-317
, appoint, suspend, and
remove the directors of all county departments and all appointive officers of boards and
commissions;
(7) except as otherwise delegated by statute to another county officer, exercise
administrative and auditing control over all funds and assets, tangible and intangible, of the
county;
(8) except as otherwise delegated by statute to another county officer, supervise and
direct centralized budgeting, accounting, personnel management, purchasing, and other service
functions of the county;
(9) conduct planning studies and make recommendations to the county legislative body
relating to financial, administrative, procedural, and operational plans, programs, and
improvements in county government;
(10) maintain a continuing review of expenditures and of the effectiveness of
departmental budgetary controls;
(11) develop systems and procedures, not inconsistent with statute, for planning,
programming, budgeting, and accounting for all activities of the county;
(12) if the county executive is an elected county executive, exercise a power of veto
over [
ordinances enacted
] 
the legislative enactments
 by the county legislative body, [
including
]
which are defined as county ordinances and budget appropriations, and include
 an item veto
upon budget appropriations, in the manner provided by the optional plan of county
government;
(13) review, negotiate, approve, and execute contracts for the county, unless otherwise
provided by statute;
(14) perform all other functions and duties required of the executive by state law,
county ordinance, and the optional plan of county government; and
(15) sign on behalf of the county all deeds that convey county property.
Section 2. Section 
26A-1-108
 is amended to read:
26A-1-108.
Jurisdiction and duties of local health departments -- Registration as
a limited purpose entity.
(1) 
(a)
 [
A
] 
Except as provided in Subsection (1)(b), a
 local health department has
jurisdiction in all unincorporated and incorporated areas of the county or counties in which it
is established and shall enforce state health laws, Department of Health, Department of
Environmental Quality, and local health department rules, regulations, and standards within
those areas.
(b) Notwithstanding Subsection (1)(a), a local health department's jurisdiction or
authority to issue an order of constraint pursuant to a declared public health emergency does
not apply to any facility, property, or area owned or leased by the state, including the capitol
hill complex, as that term is defined in Section 
63C-9-102
.
(2) (a) Each local health department shall register and maintain the local health
department's registration as a limited purpose entity, in accordance with Section 
67-1a-15
.
(b) A local health department that fails to comply with Subsection (2)(a) or Section
67-1a-15
 is subject to enforcement by the state auditor, in accordance with Section 
67-3-1
.
Section 3. Section 
26A-1-114
 is amended to read:
26A-1-114.
Powers and duties of departments.
(1) Subject to Subsections (7) [
and
]
,
 (8), 
and (11),
 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) 
(i)
 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.
(ii) A vote by the relevant county governing body to terminate a public health
emergency or an order of constraint as described in Subsection (7)(d)(i) is not subject to veto
by the relevant chief executive officer.
(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.
(11) An order of constraint issued by a local health department pursuant to a declared
public health emergency does not apply to a facility, property, or area owned or leased by the
state, including the capitol hill complex, as that term is defined in Section 
63C-9-102
.
Section 4. Section 
53-2a-102
 is amended to read:
53-2a-102.
Definitions.
As used in this chapter:
(1) "Alerting authority" means a political subdivision that has received access to send
alerts through the Integrated Public Alert and Warning System.
(2) "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or
chemical warfare action against the United States of America or this state.
(3) "Commissioner" means the commissioner of the Department of Public Safety or the
commissioner's designee.
(4) "Director" means the division director appointed under Section 
53-2a-103
 or the
director's designee.
(5) "Disaster" means an event that:
(a) causes, or threatens to cause, loss of life, human suffering, public or private
property damage, or economic or social disruption resulting from attack, internal disturbance,
natural phenomena, or technological hazard; and
(b) requires resources that are beyond the scope of local agencies in routine responses
to emergencies and accidents and may be of a magnitude or involve unusual circumstances that
require response by government, not-for-profit, or private entities.
(6) "Division" means the Division of Emergency Management created in Section
53-2a-103
.
(7) "Emergency manager" means an individual designated as the emergency manager
for a political subdivision as described in Section 
53-2a-1402
.
(8) "Energy" includes the energy resources defined in this chapter.
(9) "Expenses" means actual labor costs of government and volunteer personnel, and
materials.
(10) "Hazardous materials emergency" means a sudden and unexpected release of any
substance that because of its quantity, concentration, or physical, chemical, or infectious
characteristics presents a direct and immediate threat to public safety or the environment and
requires immediate action to mitigate the threat.
(11) "Internal disturbance" means a riot, prison break, terrorism, or strike.
(12) "IPAWS" means the Integrated Public Alert and Warning System administered by
the Federal Emergency Management Agency.
(13) "Municipality" means the same as that term is defined in Section 
10-1-104
.
(14) "Natural phenomena" means any earthquake, tornado, storm, flood, landslide,
avalanche, forest or range fire, 
or
 drought[
, or epidemic
].
(15) "Officer" means a person who is elected or appointed to an office or position
within a political subdivision.
(16) "Political subdivision" means the same as that term is defined in Section
11-61-102
.
(17) "State of emergency" means a condition in any part of this state that requires state
government emergency assistance to supplement the local efforts of the affected political
subdivision to save lives and to protect property, public health, welfare, or safety in the event
of a disaster, or to avoid or reduce the threat of a disaster.
(18) "Technological hazard" means any hazardous materials accident, mine accident,
train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(19) "Terrorism" means activities or the threat of activities that:
(a) involve acts dangerous to human life;
(b) are a violation of the criminal laws of the United States or of this state; and
(c) to a reasonable person, would appear to be intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a government by intimidation or coercion; or
(iii) affect the conduct of a government by mass destruction, assassination, or
kidnapping.
(20) "Urban search and rescue" means the location, extrication, and initial medical
stabilization of victims trapped in a confined space as the result of a structural collapse,
transportation accident, mining accident, or collapsed trench.
Section 5. 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.
(c) A chief executive officer of a municipality may not exercise powers under this
chapter to respond to an epidemic or a pandemic.
(2) 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 6. Section 
53-2a-208
 is amended to read:
53-2a-208.
Local emergency -- Declarations -- Termination of a local emergency.
(1) 
(a)
 [
A
] 
Except as provided in Subsection (1)(b), a
 chief executive officer of a
municipality or county may declare by proclamation a state of emergency if the chief executive
officer finds:
[
(a)
] 
(i)
 a disaster has occurred or the occurrence or threat of a disaster is imminent in
an area of the municipality or county; and
[
(b)
] 
(ii)
 the municipality or county requires additional assistance to supplement the
response and recovery efforts of the municipality or county.
(b) A chief executive officer of a municipality may not declare by proclamation a state
of emergency in response to an epidemic or a pandemic.
(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.
(iv) An action by a legislative body of a municipality or county to terminate a state of
emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief
executive officer.
(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)
] 
(6)
, 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 7. Section 
53-2a-213
 is amended to read:
53-2a-213.
Authority additional to other emergency authority.
(1)
 The special disaster emergency authority vested in the governor and political
subdivisions of the state pursuant to this part shall be in addition to, and not in lieu of, any
other emergency authority otherwise constitutionally or statutorily vested in the governor and
political subdivisions of the state.
(2) The provisions of this chapter supersede and preempt any provision of law of a
political subdivision of the state pertaining to disaster and emergency response.