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Ex. UT-041 Order Primary source read

S.B. 195, Emergency Response Amendments, 2021 General Session

Emergency Response Amendments

Utah Legislature (Chief Sponsor Sen. Evan J. Vickers); signed by Governor Spencer J. Cox · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Statute amending Utah Code 26-23b-104, 26A-1-114, 53-2a-206 and related sections
Issued
2021-03-24 Mar. 24, 2021
Effective
2021-05-05
End
Continuing law (read as 2021-09-30)
In force
May 5, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Emergency declarationOther
Addressees
  • the Governor
  • Department of Health
  • local health departments
  • county executives and governing bodies
  • the Legislature
Functions reached
  • framework for every Q3 2021 local order (Grand, Summit, Salt Lake Counties)
  • WS religious gatherings (parity rule)
  • QUAR isolation and quarantine orders defined as orders of constraint
Collection
Utah UT

Operative words

26-23b-104(4)(a) [a public health emergency declared by the department expires at the earliest of]... (ii) 30 days after the date on which the department declared the public health emergency...; (iii) the day on which the public health emergency is terminated by a joint resolution of the Legislature; (b)(i) The Legislature, by joint resolution, may extend a public health emergency for a time period designated in the joint resolution.... (5)(a) The Legislature may at any time terminate by joint resolution an order of constraint issued by the department... 26A-1-114... a local health department may not declare a public health emergency or issue an order of constraint until the local health department has provided notice of the proposed action to the chief executive officer [of the relevant county]... The relevant county governing body may at any time terminate a public health emergency or an order of constraint issued by the local health department by majority vote... 'Order of constraint' means an order, rule, or regulation issued by a local health department in response to a declared public health emergency that:... establishes, maintains, or enforces isolation or quarantine;... closes theaters, schools, or other public places... 'Order of constraint' includes a stay-at-home order.... the department or a local health department may not impose an order of constraint on a religious gathering that is more restrictive than an order of constraint that applies to any [comparable gathering]

Enforcement

Statutory limits on the duration and survival of every emergency declaration and order of constraint; legislative and county termination powers

Notes

Also amends 53-2a-206 (governor's state of emergency: 30-day limit, legislative extension by joint resolution, bar on re-declaring for the same occurrence). Effective date May 5, 2021 (le.utah.gov bill page).

Retrieval note

Quotations assembled from the enrolled text lines read (lines 273-337, 478-504, 528-575, 834-926); bracketed words supply elided context.