UT
Utah House Bill HB0158

Utah 2025 Regular Session

Utah House Bill HB0158 Compare Versions

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1-02-10 10:24 2nd Sub. (Gray) H.B. 158
1+01-30 12:58 1st Sub. (Buff) H.B. 158
22 Lisa Shepherd proposes the following substitute bill:
33 1
44 State Sovereignty Amendments
55 2025 GENERAL SESSION
66 STATE OF UTAH
77 Chief Sponsor: Lisa Shepherd
88 Senate Sponsor: Ronald M. Winterton
99 2
1010
1111 3
1212 LONG TITLE
1313 4
1414 General Description:
1515 5
1616 This bill addresses state sovereignty.
1717 6
1818 Highlighted Provisions:
1919 7
2020 This bill:
2121 8
2222 ▸ defines terms;
2323 9
2424 ▸ declares that an international organization does not have any power, jurisdiction, or legal
2525 10
2626 authority in this state;
2727 11
28-▸ provides that, if an international organization issues a rule, resolution, tax, policy, or
28+▸ provides that, if an international organization:
2929 12
30-mandate that purports to have the force and effect of law, then the state, or a political
30+● issues a rule, resolution, tax, policy, or mandate that purports to have the force and
3131 13
32-subdivision of the state, may not implement or enforce the rule, resolution, tax, policy,
32+effect of law, then the state, or a political subdivision of the state, may not implement
3333 14
34-or mandate;
34+or enforce the rule, resolution, tax, policy, or mandate; and
3535 15
36-▸ prohibits the governor or the chief executive officer of a political subdivision from
36+● issues a proclamation declaring a state of emergency, then the governor, or the chief
3737 16
38-declaring a state of emergency exclusively in response to an international organization's
38+executive officer of a political subdivision, may not declare a state of emergency in
3939 17
40-proclamation declaring a state of emergency; and
40+response to the international organization's proclamation; and
4141 18
4242 ▸ makes technical and conforming changes.
4343 19
4444 Money Appropriated in this Bill:
4545 20
4646 None
4747 21
4848 Other Special Clauses:
4949 22
5050 None
5151 23
5252 Utah Code Sections Affected:
5353 24
5454 AMENDS:
5555 25
5656 53-2a-203, as last amended by Laws of Utah 2023, Chapter 16
5757 26
5858 53-2a-205, as last amended by Laws of Utah 2022, Chapter 39
5959 27
6060 53-2a-206, as last amended by Laws of Utah 2024, Chapter 381
6161 28
6262 53-2a-208, as last amended by Laws of Utah 2024, Chapter 438
63-2nd Sub. H.B. 158 2nd Sub. (Gray) H.B. 158 02-10 10:24
63+1st Sub. H.B. 158 1st Sub. (Buff) H.B. 158 01-30 12:58
6464 29
6565 63G-16-201, as enacted by Laws of Utah 2024, Chapter 11
6666 30
6767 ENACTS:
6868 31
6969 63G-16-203, Utah Code Annotated 1953
7070 32
7171
7272 33
7373 Be it enacted by the Legislature of the state of Utah:
7474 34
7575 Section 1. Section 53-2a-203 is amended to read:
7676 35
7777 53-2a-203 . Definitions.
7878 36
7979 As used in this part:
8080 37
8181 (1) "Chief executive officer" means:
8282 38
8383 (a) for a municipality:
8484 39
8585 (i) the mayor for a municipality operating under all forms of municipal government
8686 40
8787 except the council-manager form of government; or
8888 41
8989 (ii) the city manager for a municipality operating under the council-manager form of
9090 42
9191 government;
9292 43
9393 (b) for a county:
9494 44
9595 (i) the chair of the county commission for a county operating under the county
9696 45
9797 commission or expanded county commission form of government;
9898 46
9999 (ii) the county executive officer for a county operating under the county-executive
100100 47
101101 council form of government; or
102102 48
103103 (iii) the county manager for a county operating under the council-manager form of
104104 49
105105 government;
106106 50
107107 (c) for a special service district:
108108 51
109109 (i) the chief executive officer of the county or municipality that created the special
110110 52
111111 service district if authority has not been delegated to an administrative control
112112 53
113113 board as provided in Section 17D-1-301;
114114 54
115115 (ii) the chair of the administrative control board to which authority has been
116116 55
117117 delegated as provided in Section 17D-1-301; or
118118 56
119119 (iii) the general manager or other officer or employee to whom authority has been
120120 57
121121 delegated by the governing body of the special service district as provided in
122122 58
123123 Section 17D-1-301; or
124124 59
125125 (d) for a special district:
126126 60
127127 (i) the chair of the board of trustees selected as provided in Section 17B-1-309; or
128128 61
129129 (ii) the general manager or other officer or employee to whom authority has been
130130 62
131131 delegated by the board of trustees.
132-- 2 - 02-10 10:24 2nd Sub. (Gray) H.B. 158
132+- 2 - 01-30 12:58 1st Sub. (Buff) H.B. 158
133133 63
134134 (2) "Executive action" means any of the following actions by the governor during a state of
135135 64
136136 emergency:
137137 65
138138 (a) an order, a rule, or a regulation made by the governor as described in Section
139139 66
140140 53-2a-209;
141141 67
142142 (b) an action by the governor to suspend or modify a statute as described in Subsection
143143 68
144144 53-2a-204(1)(j); or
145145 69
146146 (c) an action by the governor to suspend the enforcement of a statute as described in
147147 70
148148 Subsection 53-2a-209(4).
149149 71
150150 (3) "Exigent circumstances" means a significant change in circumstances following the
151151 72
152152 expiration of a state of emergency declared in accordance with this chapter that:
153153 73
154154 (a) substantially increases the threat to public safety or health relative to the
155155 74
156156 circumstances in existence when the state of emergency expired;
157157 75
158158 (b) poses an imminent threat to public safety or health; and
159159 76
160160 (c) was not known or foreseen and could not have been known or foreseen at the time
161161 77
162162 the state of emergency expired.
163163 78
164164 (4) "International organization" means the same as that term is defined in Section
165165 79
166166 63G-16-201.
167167 80
168168 [(4)] (5) "Legislative emergency response committee" means the Legislative Emergency
169169 81
170170 Response Committee created in Section 53-2a-218.
171171 82
172172 [(5)] (6) "Local emergency" means a condition in any municipality or county of the state
173173 83
174174 which requires that emergency assistance be provided by the affected municipality or
175175 84
176176 county or another political subdivision to save lives and protect property within its
177177 85
178178 jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster.
179179 86
180180 [(6)] (7) "Long-term state of emergency" means a state of emergency:
181181 87
182182 (a) that lasts longer than 30 days; or
183183 88
184184 (b) declared to respond to exigent circumstances as described in Subsection 53-2a-206(3).
185185 89
186186 [(7)] (8) "Political subdivision" means a municipality, county, special service district, or
187187 90
188188 special district.
189189 91
190190 Section 2. Section 53-2a-205 is amended to read:
191191 92
192192 53-2a-205 . Authority of chief executive officers of political subdivisions --
193193 93
194194 Ordering of evacuations.
195195 94
196196 (1)(a) In order to protect life and property when a state of emergency or local emergency
197197 95
198198 has been declared, subject to limitation by the Legislature as described in Subsection
199199 96
200200 53-2a-206(5), and subject to Section 53-2a-216, the chief executive officer of each
201-- 3 - 2nd Sub. (Gray) H.B. 158 02-10 10:24
201+- 3 - 1st Sub. (Buff) H.B. 158 01-30 12:58
202202 97
203203 political subdivision of the state is authorized to:
204204 98
205-(i) carry out, in the chief executive officer's jurisdiction, the measures as may be
205+(i) [carry out, in the chief executive officer's jurisdiction, the measures as may be
206206 99
207-ordered by the governor under this part; and
207+ordered by the governor under this part] implement the measures the governor
208208 100
209+orders under this part in the chief executive officer's jurisdiction; and
210+101
209211 (ii) take any additional measures the chief executive officer may consider necessary,
210-101
212+102
211213 subject to the limitations and provisions of this part.
212-102
214+103
213215 (b) The chief executive officer may not take an action that is inconsistent with any order,
214-103
216+104
215217 rule, regulation, or action of the governor.
216-104
217-(c) A chief executive officer of a municipality may not exercise powers under this
218218 105
219-chapter to respond to an epidemic or a pandemic.
219+(c) [A chief executive officer of a municipality may not exercise powers under this
220220 106
221-(d) A chief executive officer may not exercise powers under this chapter exclusively in
221+chapter to respond to an epidemic or a pandemic.] A chief executive officer may not
222222 107
223-response to an international organization's proclamation declaring a state of
223+exercise powers under this chapter in response to:
224224 108
225-emergency.
225+(i) a proclamation declaring a state of emergency that is issued by an international
226226 109
227+organization; or
228+110
229+(ii) an epidemic or a pandemic, if the chief executive officer is the chief executive
230+111
231+officer of a municipality.
232+112
227233 (2) Subject to Section 53-2a-216, when a state of emergency or local emergency is
228-110
234+113
229235 declared, the authority of the chief executive officer includes:
230-111
236+114
231237 (a) utilizing all available resources of the political subdivision as reasonably necessary to
232-112
238+115
233239 manage a state of emergency or local emergency;
234-113
240+116
235241 (b) employing measures and giving direction to local officers and agencies which are
236-114
242+117
237243 reasonable and necessary for the purpose of securing compliance with the provisions
238-115
244+118
239245 of this part and with orders, rules, and regulations made under this part;
240-116
246+119
241247 (c) if necessary for the preservation of life, issuing an order for the evacuation of all or
242-117
248+120
243249 part of the population from any stricken or threatened area within the political
244-118
250+121
245251 subdivision;
246-119
252+122
247253 (d) recommending routes, modes of transportation, and destinations in relation to an
248-120
254+123
249255 evacuation;
250-121
256+124
251257 (e) suspending or limiting the sale, dispensing, or transportation of alcoholic beverages,
252-122
258+125
253259 explosives, and combustibles in relation to an evacuation, except that the chief
254-123
260+126
255261 executive officer may not restrict the lawful bearing of arms;
256-124
262+127
257263 (f) controlling ingress and egress to and from a disaster area, controlling the movement
258-125
264+128
259265 of persons within a disaster area, and ordering the occupancy or evacuation of
260-126
266+129
261267 premises in a disaster area;
262-127
268+130
263269 (g) clearing or removing debris or wreckage that may threaten public health, public
264-128
270+- 4 - 01-30 12:58 1st Sub. (Buff) H.B. 158
271+131
265272 safety, or private property from publicly or privately owned land or waters, except
266-129
273+132
267274 that where there is no immediate threat to public health or safety, the chief executive
268-130
275+133
269276 officer shall not exercise this authority in relation to privately owned land or waters
270-- 4 - 02-10 10:24 2nd Sub. (Gray) H.B. 158
271-131
277+134
272278 unless:
273-132
279+135
274280 (i) the owner authorizes the employees of designated local agencies to enter upon the
275-133
281+136
276282 private land or waters to perform any tasks necessary for the removal or clearance;
277-134
283+137
278284 and
279-135
285+138
280286 (ii) the owner provides an unconditional authorization for removal of the debris or
281-136
287+139
282288 wreckage and agrees to indemnify the local and state government against any
283-137
289+140
284290 claim arising from the removal; and
285-138
291+141
286292 (h) invoking the provisions of any mutual aid agreement entered into by the political
287-139
293+142
288294 subdivision.
289-140
295+143
290296 (3)(a) If the chief executive is unavailable to issue an order for evacuation under
291-141
297+144
292298 Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area
293-142
299+145
294300 may issue an urgent order for evacuation, for a period not to exceed 36 hours, if the
295-143
301+146
296302 order is necessary for the preservation of life.
297-144
303+147
298304 (b) The chief executive officer may ratify, modify, or revoke the chief law enforcement
299-145
305+148
300306 officer's order.
301-146
307+149
302308 (4) Notice of an order or the ratification, modification, or revocation of an order issued
303-147
309+150
304310 under this section shall be:
305-148
311+151
306312 (a) given to the persons within the jurisdiction by the most effective and reasonable
307-149
313+152
308314 means available; and
309-150
315+153
310316 (b) filed in accordance with Subsection 53-2a-209(1).
311-151
317+154
312318 Section 3. Section 53-2a-206 is amended to read:
313-152
319+155
314320 53-2a-206 . State of emergency -- Declaration -- Termination -- Commander in
315-153
321+156
316322 chief of military forces.
317-154
323+157
318324 (1)(a) [A state of emergency may be declared by executive order of the governor] Subject
319-155
325+158
320326 to Subsection (1)(b), the governor may declare a state of emergency by executive
321-156
327+159
322328 order if the governor finds a disaster has occurred or the occurrence or threat of a
323-157
329+160
324330 disaster is imminent in any area of the state in which state government assistance is
325-158
331+161
326332 required to supplement the response and recovery efforts of the affected political
327-159
333+162
328334 subdivision or political subdivisions.
329-160
330-(b) The governor may not declare a state of emergency under Subsection (1)(a)
331-161
332-exclusively in response to an international organization's proclamation declaring a
333-162
335+163
336+(b) The governor may not base a finding described in Subsection (1)(a) on a
337+164
338+proclamation declaring a state of emergency that is issued by an international
339+- 5 - 1st Sub. (Buff) H.B. 158 01-30 12:58
340+165
341+organization.
342+166
343+(2)(a) Except as provided in Subsection (2)(b), a state of emergency described in
344+167
345+Subsection [(1)] (1)(a) expires at the earlier of:
346+168
347+(i) the day on which the governor finds that the threat or danger has passed or the
348+169
349+disaster reduced to the extent that emergency conditions no longer exist;
350+170
351+(ii) 30 days after the date on which the governor declared the state of emergency; or
352+171
353+(iii) the day on which the Legislature terminates the state of emergency by joint
354+172
355+resolution.
356+173
357+(b)(i) The Legislature may, by joint resolution, extend a state of emergency for a time
358+174
359+period designated in the joint resolution.
360+175
361+(ii) If the Legislature extends a state of emergency in accordance with this
362+176
363+subsection, the state of emergency expires on the date designated in the joint
364+177
365+resolution.
366+178
367+(c) Except as provided in Subsection (3), if a state of emergency expires as described in
368+179
369+Subsection (2), the governor may not declare a new state of emergency for the same
370+180
371+disaster or occurrence as the expired state of emergency.
372+181
373+(3)(a) After a state of emergency expires in accordance with Subsection (2), and subject
374+182
375+to Subsection (4), the governor may declare a new state of emergency in response to
376+183
377+the same disaster or occurrence as the expired state of emergency, if the governor
378+184
379+finds that exigent circumstances exist.
380+185
381+(b) A state of emergency declared in accordance with Subsection (3)(a) expires in
382+186
383+accordance with Subsections (2)(a) and (b).
384+187
385+(c) After a state of emergency declared in accordance with Subsection (3)(a) expires, the
386+188
387+governor may not declare a new state of emergency in response to the same disaster
388+189
389+or occurrence as the expired state of emergency, regardless of whether exigent
390+190
391+circumstances exist.
392+191
393+(4)(a)(i) If the Legislature finds that emergency conditions warrant the extension of a
394+192
395+state of emergency beyond 30 days as described in Subsection (2)(b), the
396+193
397+Legislature may extend the state of emergency and specify which emergency
398+194
399+powers described in this part are necessary to respond to the emergency conditions
400+195
401+present at the time of the extension of the state of emergency.
402+196
403+(ii) Circumstances that may warrant the extension of a state of emergency with
404+197
405+limited emergency powers include:
406+198
407+(A) the imminent threat of the emergency has passed, but continued fiscal
408+- 6 - 01-30 12:58 1st Sub. (Buff) H.B. 158
409+199
410+response remains necessary; or
411+200
412+(B) emergency conditions warrant certain executive actions, but certain
413+201
414+emergency powers such as suspension of enforcement of statute are not
415+202
416+necessary.
417+203
418+(b) For any state of emergency extended by the Legislature beyond 30 days as described
419+204
420+in Subsection (2)(b), the Legislature may, by joint resolution:
421+205
422+(i) extend the state of emergency and maintain all of the emergency powers described
423+206
424+in this part; or
425+207
426+(ii) limit or restrict certain emergency powers of:
427+208
428+(A) the division as described in Section 53-2a-104;
429+209
430+(B) the governor as described in Section 53-2a-204;
431+210
432+(C) a chief executive officer of a political subdivision as described in Section
433+211
434+53-2a-205; or
435+212
436+(D) other executive emergency powers described in this chapter.
437+213
438+(c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
439+214
440+Legislature shall:
441+215
442+(i) include in the joint resolution findings describing the nature and current conditions
443+216
444+of the emergency that warrant the continuation or limitation of certain emergency
445+217
446+powers; and
447+218
448+(ii) clearly enumerate and describe in the joint resolution which powers:
449+219
450+(A) are being limited or restricted; or
451+220
452+(B) shall remain in force.
453+221
454+(5) If the Legislature terminates a state of emergency by joint resolution, the governor shall
455+222
456+issue an executive order ending the state of emergency on receipt of the Legislature's
457+223
458+resolution.
459+224
460+(6) An executive order described in this section to declare a state of emergency shall state:
461+225
462+(a) the nature of the state of emergency;
463+226
464+(b) the area or areas threatened; and
465+227
466+(c) the conditions creating such an emergency or those conditions allowing termination
467+228
468+of the state of emergency.
469+229
470+(7) During the continuance of any state of emergency the governor is commander in chief
471+230
472+of the military forces of the state in accordance with Utah Constitution Article VII,
473+231
474+Section 4, and Title 39A, National Guard and Militia Act.
475+232
476+Section 4. Section 53-2a-208 is amended to read:
477+- 7 - 1st Sub. (Buff) H.B. 158 01-30 12:58
478+233
479+53-2a-208 . Local emergency -- Declarations -- Termination of a local emergency.
480+234
481+(1)(a) Except as provided in [Subsection] Subsections (1)(b) and (c), a chief executive
482+235
483+officer of a municipality or county may declare by proclamation a state of emergency
484+236
485+if the chief executive officer finds:
486+237
487+(i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
488+238
489+area of the municipality or county; and
490+239
491+(ii) the municipality or county requires additional assistance to supplement the
492+240
493+response and recovery efforts of the municipality or county.
494+241
495+(b) A chief executive officer of a municipality may not declare by proclamation a state
496+242
497+of emergency in response to an epidemic or a pandemic.
498+243
499+(c) A chief executive officer of a municipality or county may not declare by
500+244
501+proclamation a state of emergency in response to a proclamation declaring a state of
502+245
503+emergency that is issued by an international organization.
504+246
505+(2) A declaration of a local emergency:
506+247
507+(a) constitutes an official recognition that a disaster situation exists within the affected
508+248
509+municipality or county;
510+249
511+(b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
512+250
513+from other political subdivisions or from the state or federal government;
514+251
515+(c) activates the response and recovery aspects of any and all applicable local disaster
516+252
517+emergency plans; and
518+253
519+(d) authorizes the furnishing of aid and assistance in relation to the proclamation.
520+254
521+(3) A local emergency proclamation issued under this section shall state:
522+255
523+(a) the nature of the local emergency;
524+256
525+(b) the area or areas that are affected or threatened; and
526+257
527+(c) the conditions which caused the emergency.
528+258
529+(4) The emergency declaration process within the state shall be as follows:
530+259
531+(a) a city or town, shall declare to the county;
532+260
533+(b) a county shall declare to the state;
534+261
535+(c) the state shall declare to the federal government; and
536+262
537+(d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the
538+263
539+Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec.
540+264
541+5121 et seq.
542+265
543+(5) Nothing in this part affects:
544+266
545+(a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
546+- 8 - 01-30 12:58 1st Sub. (Buff) H.B. 158
547+267
548+(b) the duties, requests, reimbursements, or other actions taken by a political subdivision
549+268
550+participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
551+269
552+Part 3, Statewide Mutual Aid Act.
553+270
554+(6)(a) Except as provided in Subsection (6)(b), a state of emergency described in
555+271
556+Subsection [(1)] (1)(a) expires the earlier of:
557+272
558+(i) the day on which the chief executive officer finds that:
559+273
560+(A) the threat or danger has passed;
561+274
562+(B) the disaster reduced to the extent that emergency conditions no longer exist; or
563+275
564+(C) the municipality or county no longer requires state government assistance to
565+276
566+supplement the response and recovery efforts of the municipality or county;
567+277
568+(ii) 30 days after the day on which the chief executive officer declares the state of
569+278
570+emergency; or
571+279
572+(iii) the day on which the legislative body of the municipality or county terminates
573+280
574+the state of emergency by majority vote.
575+281
576+(b)(i)(A) The legislative body of a municipality may at any time terminate by
577+282
578+majority vote a state of emergency declared by the chief executive officer of
579+283
580+the municipality.
581+284
582+(B) The legislative body of a county may at any time terminate by majority vote a
583+285
584+state of emergency declared by the chief executive officer of the county.
585+286
586+(ii) The legislative body of a municipality or county may by majority vote extend a
587+287
588+state of emergency for a time period stated in the motion.
589+288
590+(iii) If the legislative body of a municipality or county extends a state of emergency
591+289
592+in accordance with this subsection, the state of emergency expires on the date
593+290
594+designated by the legislative body in the motion.
595+291
596+(iv) An action by a legislative body of a municipality or county to terminate a state of
597+292
598+emergency as described in this Subsection (6)(b) is not subject to veto by the
599+293
600+relevant chief executive officer.
601+294
602+(c) Except as provided in Subsection (7), after a state of emergency expires in
603+295
604+accordance with this Subsection (6), the chief executive officer may not declare a
605+296
606+new state of emergency in response to the same disaster or occurrence as the expired
607+297
334608 state of emergency.
335-163
336-(2)(a) Except as provided in Subsection (2)(b), a state of emergency described in
337-164
338-Subsection [(1)] (1)(a) expires at the earlier of:
339-- 5 - 2nd Sub. (Gray) H.B. 158 02-10 10:24
340-165
341-(i) the day on which the governor finds that the threat or danger has passed or the
342-166
343-disaster reduced to the extent that emergency conditions no longer exist;
344-167
345-(ii) 30 days after the date on which the governor declared the state of emergency; or
346-168
347-(iii) the day on which the Legislature terminates the state of emergency by joint
348-169
349-resolution.
350-170
351-(b)(i) The Legislature may, by joint resolution, extend a state of emergency for a time
352-171
353-period designated in the joint resolution.
354-172
355-(ii) If the Legislature extends a state of emergency in accordance with this
356-173
357-subsection, the state of emergency expires on the date designated in the joint
358-174
359-resolution.
360-175
361-(c) Except as provided in Subsection (3), if a state of emergency expires as described in
362-176
363-Subsection (2), the governor may not declare a new state of emergency for the same
364-177
365-disaster or occurrence as the expired state of emergency.
366-178
367-(3)(a) After a state of emergency expires in accordance with Subsection (2), and subject
368-179
369-to Subsection (4), the governor may declare a new state of emergency in response to
370-180
371-the same disaster or occurrence as the expired state of emergency, if the governor
372-181
609+298
610+(7)(a) After a state of emergency expires in accordance with Subsection (6), the chief
611+299
612+executive officer may declare a new state of emergency in response to the same
613+300
614+disaster or occurrence as the expired state of emergency, if the chief executive officer
615+- 9 - 1st Sub. (Buff) H.B. 158 01-30 12:58
616+301
373617 finds that exigent circumstances exist.
374-182
375-(b) A state of emergency declared in accordance with Subsection (3)(a) expires in
376-183
377-accordance with Subsections (2)(a) and (b).
378-184
379-(c) After a state of emergency declared in accordance with Subsection (3)(a) expires, the
380-185
381-governor may not declare a new state of emergency in response to the same disaster
382-186
383-or occurrence as the expired state of emergency, regardless of whether exigent
384-187
385-circumstances exist.
386-188
387-(4)(a)(i) If the Legislature finds that emergency conditions warrant the extension of a
388-189
389-state of emergency beyond 30 days as described in Subsection (2)(b), the
390-190
391-Legislature may extend the state of emergency and specify which emergency
392-191
393-powers described in this part are necessary to respond to the emergency conditions
394-192
395-present at the time of the extension of the state of emergency.
396-193
397-(ii) Circumstances that may warrant the extension of a state of emergency with
398-194
399-limited emergency powers include:
400-195
401-(A) the imminent threat of the emergency has passed, but continued fiscal
402-196
403-response remains necessary; or
404-197
405-(B) emergency conditions warrant certain executive actions, but certain
406-198
407-emergency powers such as suspension of enforcement of statute are not
408-- 6 - 02-10 10:24 2nd Sub. (Gray) H.B. 158
409-199
410-necessary.
411-200
412-(b) For any state of emergency extended by the Legislature beyond 30 days as described
413-201
414-in Subsection (2)(b), the Legislature may, by joint resolution:
415-202
416-(i) extend the state of emergency and maintain all of the emergency powers described
417-203
418-in this part; or
419-204
420-(ii) limit or restrict certain emergency powers of:
421-205
422-(A) the division as described in Section 53-2a-104;
423-206
424-(B) the governor as described in Section 53-2a-204;
425-207
426-(C) a chief executive officer of a political subdivision as described in Section
427-208
428-53-2a-205; or
429-209
430-(D) other executive emergency powers described in this chapter.
431-210
432-(c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
433-211
434-Legislature shall:
435-212
436-(i) include in the joint resolution findings describing the nature and current conditions
437-213
438-of the emergency that warrant the continuation or limitation of certain emergency
439-214
440-powers; and
441-215
442-(ii) clearly enumerate and describe in the joint resolution which powers:
443-216
444-(A) are being limited or restricted; or
445-217
446-(B) shall remain in force.
447-218
448-(5) If the Legislature terminates a state of emergency by joint resolution, the governor shall
449-219
450-issue an executive order ending the state of emergency on receipt of the Legislature's
451-220
452-resolution.
453-221
454-(6) An executive order described in this section to declare a state of emergency shall state:
455-222
456-(a) the nature of the state of emergency;
457-223
458-(b) the area or areas threatened; and
459-224
460-(c) the conditions creating such an emergency or those conditions allowing termination
461-225
462-of the state of emergency.
463-226
464-(7) During the continuance of any state of emergency the governor is commander in chief
465-227
466-of the military forces of the state in accordance with Utah Constitution Article VII,
467-228
468-Section 4, and Title 39A, National Guard and Militia Act.
469-229
470-Section 4. Section 53-2a-208 is amended to read:
471-230
472-53-2a-208 . Local emergency -- Declarations -- Termination of a local emergency.
473-231
474-(1)(a) Except as provided in [Subsection] Subsections (1)(b) and (c), a chief executive
475-232
476-officer of a municipality or county may declare by proclamation a state of emergency
477-- 7 - 2nd Sub. (Gray) H.B. 158 02-10 10:24
478-233
479-if the chief executive officer finds:
480-234
481-(i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
482-235
483-area of the municipality or county; and
484-236
485-(ii) the municipality or county requires additional assistance to supplement the
486-237
487-response and recovery efforts of the municipality or county.
488-238
489-(b) A chief executive officer may not declare a state of emergency under Subsection
490-239
491-(1)(a) exclusively in response to an international organization's proclamation
492-240
493-declaring a state of emergency.
494-241
495-[(b)] (c) A chief executive officer of a municipality may not declare by proclamation a
496-242
497-state of emergency in response to an epidemic or a pandemic.
498-243
499-(2) A declaration of a local emergency:
500-244
501-(a) constitutes an official recognition that a disaster situation exists within the affected
502-245
503-municipality or county;
504-246
505-(b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
506-247
507-from other political subdivisions or from the state or federal government;
508-248
509-(c) activates the response and recovery aspects of any and all applicable local disaster
510-249
511-emergency plans; and
512-250
513-(d) authorizes the furnishing of aid and assistance in relation to the proclamation.
514-251
515-(3) A local emergency proclamation issued under this section shall state:
516-252
517-(a) the nature of the local emergency;
518-253
519-(b) the area or areas that are affected or threatened; and
520-254
521-(c) the conditions which caused the emergency.
522-255
523-(4) The emergency declaration process within the state shall be as follows:
524-256
525-(a) a city or town, shall declare to the county;
526-257
527-(b) a county shall declare to the state;
528-258
529-(c) the state shall declare to the federal government; and
530-259
531-(d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the
532-260
533-Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec.
534-261
535-5121 et seq.
536-262
537-(5) Nothing in this part affects:
538-263
539-(a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
540-264
541-(b) the duties, requests, reimbursements, or other actions taken by a political subdivision
542-265
543-participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
544-266
545-Part 3, Statewide Mutual Aid Act.
546-- 8 - 02-10 10:24 2nd Sub. (Gray) H.B. 158
547-267
548-(6)(a) Except as provided in Subsection (6)(b), a state of emergency described in
549-268
550-Subsection [(1)] (1)(a) expires the earlier of:
551-269
552-(i) the day on which the chief executive officer finds that:
553-270
554-(A) the threat or danger has passed;
555-271
556-(B) the disaster reduced to the extent that emergency conditions no longer exist; or
557-272
558-(C) the municipality or county no longer requires state government assistance to
559-273
560-supplement the response and recovery efforts of the municipality or county;
561-274
562-(ii) 30 days after the day on which the chief executive officer declares the state of
563-275
564-emergency; or
565-276
566-(iii) the day on which the legislative body of the municipality or county terminates
567-277
568-the state of emergency by majority vote.
569-278
570-(b)(i)(A) The legislative body of a municipality may at any time terminate by
571-279
572-majority vote a state of emergency declared by the chief executive officer of
573-280
574-the municipality.
575-281
576-(B) The legislative body of a county may at any time terminate by majority vote a
577-282
578-state of emergency declared by the chief executive officer of the county.
579-283
580-(ii) The legislative body of a municipality or county may by majority vote extend a
581-284
582-state of emergency for a time period stated in the motion.
583-285
584-(iii) If the legislative body of a municipality or county extends a state of emergency
585-286
586-in accordance with this subsection, the state of emergency expires on the date
587-287
588-designated by the legislative body in the motion.
589-288
590-(iv) An action by a legislative body of a municipality or county to terminate a state of
591-289
592-emergency as described in this Subsection (6)(b) is not subject to veto by the
593-290
594-relevant chief executive officer.
595-291
596-(c) Except as provided in Subsection (7), after a state of emergency expires in
597-292
598-accordance with this Subsection (6), the chief executive officer may not declare a
599-293
600-new state of emergency in response to the same disaster or occurrence as the expired
601-294
602-state of emergency.
603-295
604-(7)(a) After a state of emergency expires in accordance with Subsection (6), the chief
605-296
606-executive officer may declare a new state of emergency in response to the same
607-297
608-disaster or occurrence as the expired state of emergency, if the chief executive officer
609-298
610-finds that exigent circumstances exist.
611-299
618+302
612619 (b) A state of emergency declared in accordance with Subsection (7)(a) expires in
613-300
620+303
614621 accordance with Subsections (6)(a) and (b).
615-- 9 - 2nd Sub. (Gray) H.B. 158 02-10 10:24
616-301
622+304
617623 (c) After a state of emergency declared in accordance with Subsection (7)(a) expires, the
618-302
624+305
619625 chief executive officer may not declare a new state of emergency in response to the
620-303
626+306
621627 same disaster or occurrence as the expired state of emergency, regardless of whether
622-304
628+307
623629 exigent circumstances exist.
624-305
630+308
625631 Section 5. Section 63G-16-201 is amended to read:
626-306
632+309
627633 63G-16-201 . Definitions.
628-307
634+310
629635 As used in this part:
630-308
636+311
631637 (1) "Board of education" means:
632-309
638+312
633639 (a) a local school board described in Title 53G, Chapter 4, School Districts;
634-310
640+313
635641 (b) the State Board of Education;
636-311
642+314
637643 (c) the State Charter School Board created under Section 53G-5-201; or
638-312
644+315
639645 (d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
640-313
646+316
641647 (2) "Federal agency" means a department, agency, authority, commission, council, board,
642-314
648+317
643649 office, bureau, or other administrative unit of the executive branch of the United States
644-315
650+318
645651 government.
646-316
652+319
647653 (3)(a) "Federal directive" means:
648-317
654+320
649655 (i) a statute passed by the United States Congress;
650-318
656+321
651657 (ii) an executive order by the president of the United States;
652-319
658+322
653659 (iii) a rule or regulation adopted by a federal agency; or
654-320
660+323
655661 (iv) an order or action by:
656-321
662+324
657663 (A) a federal agency; or
658-322
664+325
659665 (B) an employee or official appointed by the president of the United States.
660-323
666+326
661667 (b) "Federal directive" does not include any order by the federal government calling the
662-324
668+327
663669 Utah National Guard into the service of the United States.
664-325
670+328
665671 (4)(a) "Government officer" means:
666-326
672+329
667673 (i) an individual elected to a position in state or local government, when acting in the
668-327
674+330
669675 capacity of the state or local government position;
670-328
676+331
671677 (ii) an individual elected to a board of education, when acting in the capacity of a
672-329
678+332
673679 member of a board of education;
674-330
680+333
675681 (iii) an individual appointed to fill a vacancy in a position described in Subsection
676-331
682+334
677683 (4)(a)(i) or (ii), when acting in the capacity of the position; or
678-332
684+- 10 - 01-30 12:58 1st Sub. (Buff) H.B. 158
685+335
679686 (iv) an individual appointed to or employed in a full-time position by state
680-333
687+336
681688 government, local government, or a board of education, when acting in the
682-334
689+337
683690 capacity of the individual's appointment or employment.
684-- 10 - 02-10 10:24 2nd Sub. (Gray) H.B. 158
685-335
691+338
686692 (b) "Government officer" does not include a member or employee of the legislative
687-336
693+339
688694 branch of state government.
689-337
695+340
690696 (5) "International directive" means a rule, resolution, tax, policy, or mandate issued by an
691-338
697+341
692698 international organization that purports to have the force and effect of law.
693-339
699+342
694700 (6) "International organization" means the United Nations, the World Economic Forum, or
695-340
701+343
696702 the World Health Organization.
697-341
703+344
698704 [(5)] (7) "Local government" means:
699-342
705+345
700706 (a) a county, city, [town, or metro township] or town;
701-343
707+346
702708 (b) a special district governed by Title 17B, Limited Purpose Local Government Entities
703-344
709+347
704710 - Special Districts;
705-345
711+348
706712 (c) a special service district governed by Title 17D, Chapter 1, Special Service District
707-346
713+349
708714 Act;
709-347
715+350
710716 (d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
711-348
717+351
712718 Government Entities - Community Reinvestment Agency Act;
713-349
719+352
714720 (e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
715-350
721+353
716722 (f) a redevelopment agency; or
717-351
723+354
718724 (g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
719-352
725+355
720726 13, Interlocal Cooperation Act.
721-353
727+356
722728 (8) "State agency" means a department, commission, board, council, agency, institution,
723-354
729+357
724730 officer, corporation, fund, division, office, committee, authority, laboratory, library, unit,
725-355
731+358
726732 bureau, panel, or any other administrative unit of the state.
727-356
733+359
728734 Section 6. Section 63G-16-203 is enacted to read:
729-357
735+360
730736 63G-16-203 . International organizations -- Authority prohibited.
731-358
737+361
732738 (1) An international organization does not have any power, jurisdiction, or legal authority in
733-359
739+362
734740 this state.
735-360
741+363
736742 (2) The state, a state agency, or local government may not implement or enforce an
737-361
743+364
738744 international directive.
739-362
745+365
740746 Section 7. Effective Date.
741-363
747+366
742748 This bill takes effect on May 7, 2025.
743749 - 11 -