H.B. 294, Pandemic Emergency Powers Amendments, 2021 General Session

The record

Jurisdiction

Utah

Level

State

Authority

Statute: Utah Code 26-6-33, 26A-1-130, 53-2a-218 (enacted); 63I-2-226, 63I-2-253 (repeal dates)

Issued

2021-03-24 Mar. 24, 2021

Effective

2021-03-24 (special effective date); mask termination Apr. 10, 2021; threshold termination May 4, 2021 (read as 2021-03-24)

End

Sections 26-6-33, 26A-1-130 and 53-2a-218 repealed July 1, 2021 (63I-2-226(2), (18); 63I-2-253(2)) (read as 2021-07-01)

In force

Mar. 24, 2021 to July 1, 2021

Quarters

2021 Q12021 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Emergency declarationFace-covering requirementOther

Addressees

• Department of Health
• local health departments
• the Governor
• county legislative bodies
• K-12 schools

Functions reached

• end-date instrument for every general Utah restriction
• MASK statewide mandate ended Apr. 10, 2021
• SCH K-12 orders preserved to end of school year
• preemption: local mask orders only with county legislative body approval

Collection

Utah UT

Operative words

26-6-33(2) Except as provided in Subsections (3), (4), and (5), any public health order in effect pertaining to any response to COVID-19 and the COVID-19 emergency issued pursuant to a public health emergency declared by the Department of Health or a local health department is terminated on the day on which the following thresholds are met: (a) the state's 14-day case rate is less than 191 per 100,000 people; (b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and (c) the Department of Health provides notice that 1,633,000 prime doses of a COVID-19 vaccine have been allocated to the state. (3)(a)... a public health order... that pertains to public health safety measures in a K-12 school may remain in place. (b) A public health order or health and safety requirement described in Subsection (3)(a) shall be terminated no later than July 1, 2021. (4)(a) Except as provided in Subsection (4)(b) or (c), a public health order issued by the Department of Health pertaining to a statewide mask requirement in response to the COVID-19 emergency is terminated on April 10, 2021. (b)... a public health order pertaining to the wearing of a mask issued by the Department of Health may remain in effect if: (i) the mask requirement pertains only to a gathering of 50 or more people; and (ii) an individual at the gathering of 50 or more people is unable to physically distance at least six feet... (c) Subject to Subsection (4)(d), a local health department, with approval from the relevant county legislative body, may issue a public health order requiring the wearing of a mask.... (5) Notwithstanding Subsections (2), (3), or (4): (a) a declaration of a public health emergency issued by the Department of Health in response to COVID-19... may remain in effect; and (b) the governor and the Department of Health may issue a public health order related to the distribution of COVID-19 vaccines. 53-2a-218(2)... a state of emergency and any executive order issued pursuant to this part pertaining to any response to COVID-19 and the COVID-19 emergency is terminated on the day on which the following thresholds are met...

Enforcement

Notes