Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 158 (2025GS)

Sponsor

Rep. Shepherd, Lisa

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• declares that an international organization does not have any power, jurisdiction, or legal authority in this state;
• provides that, if an international organization issues a rule, resolution, tax, policy, or mandate that purports to have the force and effect of law, then the state, or a political subdivision of the state, may not implement or enforce the rule, resolution, tax, policy, or mandate;
• prohibits the governor or the chief executive officer of a political subdivision from declaring a state of emergency exclusively in response to an international organization's proclamation declaring a state of emergency; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

17
53-2a-203
53-2a-205
53-2a-206
53-2a-208
63G-16-201
63G-16-203
State Sovereignty Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill addresses state sovereignty. 
Highlighted Provisions:
This bill:
defines terms;
declares that an international organization does not have any power, jurisdiction, or legal 
authority in this state;
provides that, if an international organization: 
issues a rule, resolution, tax, policy, or mandate that purports to have the force and 
effect of law in this state, then the state, or a political subdivision of the state, may 
not implement or enforce the rule, resolution, tax, policy, or mandate; and
declares a state of emergency in this state or in a political subdivision of this state, then 
the governor, or the chief executive officer of a political subdivision, may not declare 
a state of emergency in response to the international organization's declaration; and 
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-2a-203
, as last amended by Laws of Utah 2023, Chapter 16
53-2a-205
, as last amended by Laws of Utah 2022, Chapter 39
53-2a-206
, as last amended by Laws of Utah 2024, Chapter 381
53-2a-208
, as last amended by Laws of Utah 2024, Chapter 438
63G-16-201
, as enacted by Laws of Utah 2024, Chapter 11
ENACTS:
63G-16-203
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, 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;
(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 special 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)
"International organization" means the same as that term is defined in Section 
63G-16-201
.
(4)
(5)
"Legislative emergency response committee" means the Legislative Emergency 
Response Committee created in Section 
53-2a-218
.
(5)
(6)
"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)
(7)
"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)
.
(7)
(8)
"Political subdivision" means a municipality, county, special service district, or 
special district.
Section 2, 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
implement the measures the governor 
orders under this part in the chief executive officer's jurisdiction
; 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.
A chief executive officer may not 
exercise powers under this chapter in response to:
(i)
an international organization's declaration or proclamation that a state of 
emergency exists in this state or in a political subdivision of this state; or
(ii)
an epidemic or a pandemic, if the chief executive officer is the chief executive 
officer of a municipality.
(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 3, Section 
53-2a-206
 is amended to read:
53-2a-206. State of emergency -- Declaration -- Termination -- Commander in 
chief of military forces.
(1)
(a)
A state of emergency may be declared by executive order of the governor
Subject to Subsection 
(1)(b)
, the governor may declare a state of emergency by 
executive order
 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.
(b)
The governor may not base a finding described in Subsection 
(1)(a)
 on an 
international organization's declaration or proclamation that a state of emergency 
exists in this state or in a political subdivision of this state.
(2)
(a)
Except as provided in Subsection (2)(b), a state of emergency described in 
Subsection 
(1)
(1)(a)
 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.
(5)
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.
(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.
(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 39A, National Guard and Militia Act.
Section 4, Section 
53-2a-208
 is amended to read:
53-2a-208. Local emergency -- Declarations -- Termination of a local emergency.
(1)
(a)
Except as provided in Subsection
s
 (1)(b)
 and (c)
, a chief executive officer of a 
municipality or county may declare by proclamation a state of emergency if the chief 
executive officer finds:
(i)
a disaster has occurred or the occurrence or threat of a disaster is imminent in an 
area of the municipality or county; and
(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.
(c)
A chief executive officer of a municipality or county may not declare by 
proclamation a state of emergency in response to an international organization's 
declaration or proclamation that a state of emergency exists in this state or in a 
political subdivision of this state.
(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 or town, 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 
23A-1-202
, 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)
(1)(a)
 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 (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 5, Section 
63G-16-201
 is amended to read:
63G-16-201. Definitions.
As used in this part:
(1)
"Board of education" means:
(a)
a local school board described in Title 53G, Chapter 4, School Districts;
(b)
the State Board of Education;
(c)
the State Charter School Board created under Section 
53G-5-201
; or
(d)
a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
(2)
"Federal agency" means a department, agency, authority, commission, council, board, 
office, bureau, or other administrative unit of the executive branch of the United States 
government.
(3)
(a)
"Federal directive" means:
(i)
a statute passed by the United States Congress;
(ii)
an executive order by the president of the United States;
(iii)
a rule or regulation adopted by a federal agency; or
(iv)
an order or action by:
(A)
a federal agency; or
(B)
an employee or official appointed by the president of the United States.
(b)
"Federal directive" does not include any order by the federal government calling the 
Utah National Guard into the service of the United States.
(4)
(a)
"Government officer" means:
(i)
an individual elected to a position in state or local government, when acting in the 
capacity of the state or local government position;
(ii)
an individual elected to a board of education, when acting in the capacity of a 
member of a board of education;
(iii)
an individual appointed to fill a vacancy in a position described in Subsection 
(4)(a)(i) or (ii), when acting in the capacity of the position; or
(iv)
an individual appointed to or employed in a full-time position by state 
government, local government, or a board of education, when acting in the 
capacity of the individual's appointment or employment.
(b)
"Government officer" does not include a member or employee of the legislative 
branch of state government.
(5)
"International directive" means a rule, resolution, tax, policy, or mandate issued by an 
international organization that purports to have the force and effect of law in this state or 
in a local government.
(6)
"International organization" means the United Nations, the World Economic Forum, or 
the World Health Organization.
(5)
(7)
"Local government" means:
(a)
a county, city, 
town, or metro township
or town
;
(b)
a special district governed by Title 17B, Limited Purpose Local Government Entities 
- Special Districts;
(c)
a special service district governed by Title 17D, Chapter 1, Special Service District 
Act;
(d)
a community reinvestment agency governed by Title 17C, Limited Purpose Local 
Government Entities - Community Reinvestment Agency Act;
(e)
a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
(f)
a redevelopment agency; or
(g)
an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 
13, Interlocal Cooperation Act.
(8)
"State agency" means a department, commission, board, council, agency, institution, 
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, 
bureau, panel, or any other administrative unit of the state.
Section 6, Section 
63G-16-203
 is enacted to read:
63G-16-203. International organizations -- Authority prohibited.
(1)
An international organization does not have any power, jurisdiction, or legal authority in 
this state.
(2)
The state, a state agency, or local government may not implement or enforce an 
international directive.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-9-25 3:03 PM