The COVID Project
The record
- Jurisdiction
- Utah
- Level
- State
- Authority
- Utah Code Title 53, Chapter 2a, Part 2
- Issued
- 2016-05-10 May 10, 2016
- Effective
- 2016-05-10
- End
- standing (this version superseded May 5, 2021; subsection (1) otherwise unchanged in the current text, read on the Legislature's site) (read as 2021-05-05)
- In force
- Standing since May 10, 2016 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding duty
- Addressees
- persons generally; all businesses; municipalities and counties as issuing authorities
- Character
- statutory authority
- Collection
- Standing duties: Utah DUT-UT
Operative words
All orders, rules, and regulations promulgated by the governor, a municipality, a county, or other agency authorized by this part to make orders, rules, and regulations, not in conflict with existing laws except as specifically provided in this section, shall have the full force and effect of law during the state of emergency.
Penalty
The Act carries no free-standing criminal penalty; the Governor may 'employ measures and give direction to state and local officers and agencies... for the purpose of securing compliance' (section 53-2a-204(1)(b), Ex. DUT-UT-009); the Department of Health issued concurrent State Public Health Orders carrying the same restrictions under the Health Code, to which section 26-23-6 attaches (Exs. UT-031, UT-032, DUT-UT-003)
What it required
Every executive order of the Governor and every county or municipal emergency order issued under the Disaster Response and Recovery Act had 'the full force and effect of law during the state of emergency,' the provision every phase order in the library recites (Exs. UT-012, UT-015, UT-017, UT-020, UT-021, UT-029, UT-030) and the basis on which the Governor's Phased Guidelines orders bound 'individuals and businesses in Utah.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteOfficial versioned PDF (header: 'Effective 5/10/2016 Superseded 5/5/2021'). Subsection (4) is the authority under which the Governor suspended enforcement of statutes (Ex. UT-006, UT-011). Ex. UT-029 (EO 2020-73) recites: 'Utah Code section 53-2a-209(1) provides that orders issued by the governor under Title 53, Chapter 2a, Part 2' have the full force and effect of law.