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
2020 Q22020 Q32020 Q42021 Q12021 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 noteQuotations assembled from the enrolled text lines read (lines 273-337, 478-504, 528-575, 834-926); bracketed words supply elided context.