53-2a-206. State of emergency — Declaration — Termination — Commander in chief of military forces.
(1)
A state of emergency may be declared by executive order of the governor if the governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent in any area of the state in which state government assistance is required to supplement the response and recovery efforts of the affected political subdivision or political subdivisions.
Terms Used In Utah Code 53-2a-206
Continuance: Putting off of a hearing ot trial until a later time.
Disaster: means an event that:
(a)
causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and
(b)
requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities. See Utah Code 53-2a-102
Exigent circumstances: means a significant change in circumstances following the expiration of a state of emergency declared in accordance with this chapter that:
(a)
substantially increases the threat to public safety or health relative to the circumstances in existence when the state of emergency expired;
(b)
poses an imminent threat to public safety or health; and
(c)
was not known or foreseen and could not have been known or foreseen at the time the state of emergency expired. See Utah Code 53-2a-203
Joint resolution: A legislative measure which requires the approval of both chambers.
Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
Political subdivision: means a municipality, county, special service district, or special district. See Utah Code 53-2a-203
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State of emergency: means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster. See Utah Code 53-2a-102
Statute: A law passed by a legislature.
(2)
(a)
Except as provided in Subsection (2)(b), a state of emergency described in Subsection (1) expires at the earlier of:
(i)
the day on which the governor finds that the threat or danger has passed or the disaster reduced to the extent that emergency conditions no longer exist;
(ii)
30 days after the date on which the governor declared the state of emergency; or
(iii)
the day on which the Legislature terminates the state of emergency by joint resolution.
(b)
(i)
The Legislature may, by joint resolution, extend a state of emergency for a time period designated in the joint resolution.
(ii)
If the Legislature extends a state of emergency in accordance with this subsection, the state of emergency expires on the date designated in the joint resolution.
(c)
Except as provided in Subsection (3), if a state of emergency expires as described in Subsection (2), the governor may not declare a new state of emergency for the same disaster or occurrence as the expired state of emergency.
(3)
(a)
After a state of emergency expires in accordance with Subsection (2), and subject to Subsection (4), the governor may declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, if the governor finds that exigent circumstances exist.
(b)
A state of emergency declared in accordance with Subsection (3)(a) expires in accordance with Subsections (2)(a) and (b).
(c)
After a state of emergency declared in accordance with Subsection (3)(a) expires, the governor may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, regardless of whether exigent circumstances exist.
(4)
(a)
(i)
If the Legislature finds that emergency conditions warrant the extension of a state of emergency beyond 30 days as described in Subsection (2)(b), the Legislature may extend the state of emergency and specify which emergency powers described in this part are necessary to respond to the emergency conditions present at the time of the extension of the state of emergency.
(ii)
Circumstances that may warrant the extension of a state of emergency with limited emergency powers include:
(A)
the imminent threat of the emergency has passed, but continued fiscal response remains necessary; or
(B)
emergency conditions warrant certain executive actions, but certain emergency powers such as suspension of enforcement of statute are not necessary.
(b)
For any state of emergency extended by the Legislature beyond 30 days as described in Subsection (2)(b), the Legislature may, by joint resolution:
(i)
extend the state of emergency and maintain all of the emergency powers described in this part; or
a chief executive officer of a political subdivision as described in Section 53-2a-205; or
(D)
other executive emergency powers described in this chapter.
(c)
If the Legislature limits emergency powers as described in Subsection (4)(b), the Legislature shall:
(i)
include in the joint resolution findings describing the nature and current conditions of the emergency that warrant the continuation or limitation of certain emergency powers; and
(ii)
clearly enumerate and describe in the joint resolution which powers:
(A)
are being limited or restricted; or
(B)
shall remain in force.
(5)
If the Legislature terminates a state of emergency by joint resolution, the governor shall issue an executive order ending the state of emergency on receipt of the Legislature’s resolution.
(6)
An executive order described in this section to declare a state of emergency shall state:
(a)
the nature of the state of emergency;
(b)
the area or areas threatened; and
(c)
the conditions creating such an emergency or those conditions allowing termination of the state of emergency.
(7)
During the continuance of any state of emergency the governor is commander in chief of the military forces of the state in accordance with Utah Constitution Article VII, Section 4, and Title 39, Chapter 1, State Militia.
