02-10 10:24 2nd Sub. (Gray) H.B. 158
Lisa Shepherd proposes the following substitute bill:
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State Sovereignty Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lisa Shepherd
Senate Sponsor: Ronald M. Winterton
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LONG TITLE
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General Description:
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This bill addresses state sovereignty.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ declares that an international organization does not have any power, jurisdiction, or legal
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authority in this state;
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▸ provides that, if an international organization issues a rule, resolution, tax, policy, or
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mandate that purports to have the force and effect of law, then the state, or a political
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subdivision of the state, may not implement or enforce the rule, resolution, tax, policy,
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or mandate;
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▸ prohibits the governor or the chief executive officer of a political subdivision from
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declaring a state of emergency exclusively in response to an international organization's
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proclamation declaring a state of emergency; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53-2a-203, as last amended by Laws of Utah 2023, Chapter 16
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53-2a-205, as last amended by Laws of Utah 2022, Chapter 39
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53-2a-206, as last amended by Laws of Utah 2024, Chapter 381
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53-2a-208, as last amended by Laws of Utah 2024, Chapter 438
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63G-16-201, as enacted by Laws of Utah 2024, Chapter 11
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ENACTS:
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63G-16-203, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53-2a-203 is amended to read:
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53-2a-203 . Definitions.
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As used in this part:
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(1) "Chief executive officer" means:
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(a) for a municipality:
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(i) the mayor for a municipality operating under all forms of municipal government
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except the council-manager form of government; or
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(ii) the city manager for a municipality operating under the council-manager form of
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government;
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(b) for a county:
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(i) the chair of the county commission for a county operating under the county
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commission or expanded county commission form of government;
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(ii) the county executive officer for a county operating under the county-executive
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council form of government; or
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(iii) the county manager for a county operating under the council-manager form of
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government;
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(c) for a special service district:
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(i) the chief executive officer of the county or municipality that created the special
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service district if authority has not been delegated to an administrative control
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board as provided in Section 17D-1-301;
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(ii) the chair of the administrative control board to which authority has been
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delegated as provided in Section 17D-1-301; or
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(iii) the general manager or other officer or employee to whom authority has been
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delegated by the governing body of the special service district as provided in
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Section 17D-1-301; or
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(d) for a special district:
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(i) the chair of the board of trustees selected as provided in Section 17B-1-309; or
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(ii) the general manager or other officer or employee to whom authority has been
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delegated by the board of trustees.
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(2) "Executive action" means any of the following actions by the governor during a state of
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emergency:
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(a) an order, a rule, or a regulation made by the governor as described in Section
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53-2a-209;
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(b) an action by the governor to suspend or modify a statute as described in Subsection
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53-2a-204(1)(j); or
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(c) an action by the governor to suspend the enforcement of a statute as described in
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Subsection 53-2a-209(4).
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(3) "Exigent circumstances" means a significant change in circumstances following the
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expiration of a state of emergency declared in accordance with this chapter that:
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(a) substantially increases the threat to public safety or health relative to the
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circumstances in existence when the state of emergency expired;
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(b) poses an imminent threat to public safety or health; and
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(c) was not known or foreseen and could not have been known or foreseen at the time
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the state of emergency expired.
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(4) "International organization" means the same as that term is defined in Section
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63G-16-201.
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[(4)] (5) "Legislative emergency response committee" means the Legislative Emergency
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Response Committee created in Section 53-2a-218.
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[(5)] (6) "Local emergency" means a condition in any municipality or county of the state
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which requires that emergency assistance be provided by the affected municipality or
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county or another political subdivision to save lives and protect property within its
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jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster.
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[(6)] (7) "Long-term state of emergency" means a state of emergency:
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(a) that lasts longer than 30 days; or
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(b) declared to respond to exigent circumstances as described in Subsection 53-2a-206(3).
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[(7)] (8) "Political subdivision" means a municipality, county, special service district, or
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special district.
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Section 2. Section 53-2a-205 is amended to read:
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53-2a-205 . Authority of chief executive officers of political subdivisions --
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Ordering of evacuations.
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(1)(a) In order to protect life and property when a state of emergency or local emergency
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has been declared, subject to limitation by the Legislature as described in Subsection
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53-2a-206(5), and subject to Section 53-2a-216, the chief executive officer of each
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political subdivision of the state is authorized to:
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(i) carry out, in the chief executive officer's jurisdiction, the measures as may be
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ordered by the governor under this part; and
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(ii) take any additional measures the chief executive officer may consider necessary,
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subject to the limitations and provisions of this part.
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(b) The chief executive officer may not take an action that is inconsistent with any order,
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rule, regulation, or action of the governor.
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(c) A chief executive officer of a municipality may not exercise powers under this
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chapter to respond to an epidemic or a pandemic.
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(d) A chief executive officer may not exercise powers under this chapter exclusively in
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response to an international organization's proclamation declaring a state of
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emergency.
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(2) Subject to Section 53-2a-216, when a state of emergency or local emergency is
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declared, the authority of the chief executive officer includes:
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(a) utilizing all available resources of the political subdivision as reasonably necessary to
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manage a state of emergency or local emergency;
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(b) employing measures and giving direction to local officers and agencies which are
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reasonable and necessary for the purpose of securing compliance with the provisions
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of this part and with orders, rules, and regulations made under this part;
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(c) if necessary for the preservation of life, issuing an order for the evacuation of all or
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part of the population from any stricken or threatened area within the political
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subdivision;
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(d) recommending routes, modes of transportation, and destinations in relation to an
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evacuation;
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(e) suspending or limiting the sale, dispensing, or transportation of alcoholic beverages,
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explosives, and combustibles in relation to an evacuation, except that the chief
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executive officer may not restrict the lawful bearing of arms;
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(f) controlling ingress and egress to and from a disaster area, controlling the movement
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of persons within a disaster area, and ordering the occupancy or evacuation of
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premises in a disaster area;
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(g) clearing or removing debris or wreckage that may threaten public health, public
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safety, or private property from publicly or privately owned land or waters, except
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that where there is no immediate threat to public health or safety, the chief executive
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officer shall not exercise this authority in relation to privately owned land or waters
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unless:
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(i) the owner authorizes the employees of designated local agencies to enter upon the
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private land or waters to perform any tasks necessary for the removal or clearance;
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and
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(ii) the owner provides an unconditional authorization for removal of the debris or
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wreckage and agrees to indemnify the local and state government against any
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claim arising from the removal; and
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(h) invoking the provisions of any mutual aid agreement entered into by the political
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subdivision.
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(3)(a) If the chief executive is unavailable to issue an order for evacuation under
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Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area
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may issue an urgent order for evacuation, for a period not to exceed 36 hours, if the
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order is necessary for the preservation of life.
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(b) The chief executive officer may ratify, modify, or revoke the chief law enforcement
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officer's order.
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(4) Notice of an order or the ratification, modification, or revocation of an order issued
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under this section shall be:
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(a) given to the persons within the jurisdiction by the most effective and reasonable
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means available; and
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(b) filed in accordance with Subsection 53-2a-209(1).
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Section 3. Section 53-2a-206 is amended to read:
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53-2a-206 . State of emergency -- Declaration -- Termination -- Commander in
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chief of military forces.
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(1)(a) [A state of emergency may be declared by executive order of the governor] Subject
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to Subsection (1)(b), the governor may declare a state of emergency by executive
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order if the governor finds a disaster has occurred or the occurrence or threat of a
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disaster is imminent in any area of the state in which state government assistance is
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required to supplement the response and recovery efforts of the affected political
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subdivision or political subdivisions.
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(b) The governor may not declare a state of emergency under Subsection (1)(a)
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exclusively in response to an international organization's proclamation declaring a
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state of emergency.
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(2)(a) Except as provided in Subsection (2)(b), a state of emergency described in
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Subsection [(1)] (1)(a) expires at the earlier of:
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(i) the day on which the governor finds that the threat or danger has passed or the
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disaster reduced to the extent that emergency conditions no longer exist;
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(ii) 30 days after the date on which the governor declared the state of emergency; or
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(iii) the day on which the Legislature terminates the state of emergency by joint
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resolution.
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(b)(i) The Legislature may, by joint resolution, extend a state of emergency for a time
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period designated in the joint resolution.
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(ii) If the Legislature extends a state of emergency in accordance with this
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subsection, the state of emergency expires on the date designated in the joint
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resolution.
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(c) Except as provided in Subsection (3), if a state of emergency expires as described in
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Subsection (2), the governor may not declare a new state of emergency for the same
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disaster or occurrence as the expired state of emergency.
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(3)(a) After a state of emergency expires in accordance with Subsection (2), and subject
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to Subsection (4), the governor may declare a new state of emergency in response to
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the same disaster or occurrence as the expired state of emergency, if the governor
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finds that exigent circumstances exist.
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(b) A state of emergency declared in accordance with Subsection (3)(a) expires in
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accordance with Subsections (2)(a) and (b).
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(c) After a state of emergency declared in accordance with Subsection (3)(a) expires, the
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governor may not declare a new state of emergency in response to the same disaster
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or occurrence as the expired state of emergency, regardless of whether exigent
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circumstances exist.
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(4)(a)(i) If the Legislature finds that emergency conditions warrant the extension of a
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state of emergency beyond 30 days as described in Subsection (2)(b), the
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Legislature may extend the state of emergency and specify which emergency
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powers described in this part are necessary to respond to the emergency conditions
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present at the time of the extension of the state of emergency.
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(ii) Circumstances that may warrant the extension of a state of emergency with
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limited emergency powers include:
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(A) the imminent threat of the emergency has passed, but continued fiscal
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response remains necessary; or
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(B) emergency conditions warrant certain executive actions, but certain
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emergency powers such as suspension of enforcement of statute are not
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necessary.
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(b) For any state of emergency extended by the Legislature beyond 30 days as described
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in Subsection (2)(b), the Legislature may, by joint resolution:
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(i) extend the state of emergency and maintain all of the emergency powers described
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in this part; or
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(ii) limit or restrict certain emergency powers of:
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(A) the division as described in Section 53-2a-104;
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(B) the governor as described in Section 53-2a-204;
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(C) a chief executive officer of a political subdivision as described in Section
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53-2a-205; or
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(D) other executive emergency powers described in this chapter.
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(c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
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Legislature shall:
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(i) include in the joint resolution findings describing the nature and current conditions
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of the emergency that warrant the continuation or limitation of certain emergency
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powers; and
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(ii) clearly enumerate and describe in the joint resolution which powers:
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(A) are being limited or restricted; or
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(B) shall remain in force.
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(5) If the Legislature terminates a state of emergency by joint resolution, the governor shall
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issue an executive order ending the state of emergency on receipt of the Legislature's
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resolution.
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(6) An executive order described in this section to declare a state of emergency shall state:
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(a) the nature of the state of emergency;
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(b) the area or areas threatened; and
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(c) the conditions creating such an emergency or those conditions allowing termination
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of the state of emergency.
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(7) During the continuance of any state of emergency the governor is commander in chief
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of the military forces of the state in accordance with Utah Constitution Article VII,
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Section 4, and Title 39A, National Guard and Militia Act.
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Section 4. Section 53-2a-208 is amended to read:
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53-2a-208 . Local emergency -- Declarations -- Termination of a local emergency.
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(1)(a) Except as provided in [Subsection] Subsections (1)(b) and (c), a chief executive
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officer of a municipality or county may declare by proclamation a state of emergency
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if the chief executive officer finds:
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(i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
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area of the municipality or county; and
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(ii) the municipality or county requires additional assistance to supplement the
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response and recovery efforts of the municipality or county.
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(b) A chief executive officer may not declare a state of emergency under Subsection
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(1)(a) exclusively in response to an international organization's proclamation
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declaring a state of emergency.
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[(b)] (c) A chief executive officer of a municipality may not declare by proclamation a
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state of emergency in response to an epidemic or a pandemic.
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(2) A declaration of a local emergency:
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(a) constitutes an official recognition that a disaster situation exists within the affected
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municipality or county;
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(b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
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from other political subdivisions or from the state or federal government;
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(c) activates the response and recovery aspects of any and all applicable local disaster
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emergency plans; and
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(d) authorizes the furnishing of aid and assistance in relation to the proclamation.
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(3) A local emergency proclamation issued under this section shall state:
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(a) the nature of the local emergency;
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(b) the area or areas that are affected or threatened; and
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(c) the conditions which caused the emergency.
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(4) The emergency declaration process within the state shall be as follows:
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(a) a city or town, shall declare to the county;
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(b) a county shall declare to the state;
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(c) the state shall declare to the federal government; and
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(d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the
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Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec.
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5121 et seq.
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(5) Nothing in this part affects:
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(a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
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(b) the duties, requests, reimbursements, or other actions taken by a political subdivision
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participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a,
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Part 3, Statewide Mutual Aid Act.
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(6)(a) Except as provided in Subsection (6)(b), a state of emergency described in
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Subsection [(1)] (1)(a) expires the earlier of:
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(i) the day on which the chief executive officer finds that:
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(A) the threat or danger has passed;
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(B) the disaster reduced to the extent that emergency conditions no longer exist; or
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(C) the municipality or county no longer requires state government assistance to
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supplement the response and recovery efforts of the municipality or county;
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(ii) 30 days after the day on which the chief executive officer declares the state of
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emergency; or
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(iii) the day on which the legislative body of the municipality or county terminates
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the state of emergency by majority vote.
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(b)(i)(A) The legislative body of a municipality may at any time terminate by
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majority vote a state of emergency declared by the chief executive officer of
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the municipality.
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(B) The legislative body of a county may at any time terminate by majority vote a
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state of emergency declared by the chief executive officer of the county.
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(ii) The legislative body of a municipality or county may by majority vote extend a
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state of emergency for a time period stated in the motion.
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(iii) If the legislative body of a municipality or county extends a state of emergency
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in accordance with this subsection, the state of emergency expires on the date
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designated by the legislative body in the motion.
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(iv) An action by a legislative body of a municipality or county to terminate a state of
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emergency as described in this Subsection (6)(b) is not subject to veto by the
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relevant chief executive officer.
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(c) Except as provided in Subsection (7), after a state of emergency expires in
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accordance with this Subsection (6), the chief executive officer may not declare a
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new state of emergency in response to the same disaster or occurrence as the expired
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state of emergency.
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(7)(a) After a state of emergency expires in accordance with Subsection (6), the chief
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executive officer may declare a new state of emergency in response to the same
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disaster or occurrence as the expired state of emergency, if the chief executive officer
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finds that exigent circumstances exist.
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(b) A state of emergency declared in accordance with Subsection (7)(a) expires in
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accordance with Subsections (6)(a) and (b).
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(c) After a state of emergency declared in accordance with Subsection (7)(a) expires, the
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chief executive officer may not declare a new state of emergency in response to the
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same disaster or occurrence as the expired state of emergency, regardless of whether
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exigent circumstances exist.
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Section 5. Section 63G-16-201 is amended to read:
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63G-16-201 . Definitions.
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As used in this part:
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(1) "Board of education" means:
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(a) a local school board described in Title 53G, Chapter 4, School Districts;
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(b) the State Board of Education;
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(c) the State Charter School Board created under Section 53G-5-201; or
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(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools.
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(2) "Federal agency" means a department, agency, authority, commission, council, board,
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office, bureau, or other administrative unit of the executive branch of the United States
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government.
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(3)(a) "Federal directive" means:
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(i) a statute passed by the United States Congress;
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(ii) an executive order by the president of the United States;
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(iii) a rule or regulation adopted by a federal agency; or
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(iv) an order or action by:
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(A) a federal agency; or
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(B) an employee or official appointed by the president of the United States.
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(b) "Federal directive" does not include any order by the federal government calling the
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Utah National Guard into the service of the United States.
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(4)(a) "Government officer" means:
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(i) an individual elected to a position in state or local government, when acting in the
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capacity of the state or local government position;
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(ii) an individual elected to a board of education, when acting in the capacity of a
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member of a board of education;
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(iii) an individual appointed to fill a vacancy in a position described in Subsection
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(4)(a)(i) or (ii), when acting in the capacity of the position; or
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(iv) an individual appointed to or employed in a full-time position by state
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government, local government, or a board of education, when acting in the
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capacity of the individual's appointment or employment.
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(b) "Government officer" does not include a member or employee of the legislative
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branch of state government.
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(5) "International directive" means a rule, resolution, tax, policy, or mandate issued by an
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international organization that purports to have the force and effect of law.
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(6) "International organization" means the United Nations, the World Economic Forum, or
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the World Health Organization.
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[(5)] (7) "Local government" means:
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(a) a county, city, [town, or metro township] or town;
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(b) a special district governed by Title 17B, Limited Purpose Local Government Entities
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- Special Districts;
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(c) a special service district governed by Title 17D, Chapter 1, Special Service District
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Act;
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(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local
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Government Entities - Community Reinvestment Agency Act;
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(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
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(f) a redevelopment agency; or
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(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter
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13, Interlocal Cooperation Act.
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(8) "State agency" means a department, commission, board, council, agency, institution,
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officer, corporation, fund, division, office, committee, authority, laboratory, library, unit,
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bureau, panel, or any other administrative unit of the state.
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Section 6. Section 63G-16-203 is enacted to read:
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63G-16-203 . International organizations -- Authority prohibited.
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(1) An international organization does not have any power, jurisdiction, or legal authority in
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this state.
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(2) The state, a state agency, or local government may not implement or enforce an
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international directive.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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