53-2a-209.  Orders, rules, and regulations having force of law — Filing requirements — Suspension of state agency rules — Suspension of enforcement of certain statutes during a state of emergency.

(1)  Subject to Section 53-2a-216, 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.

Terms Used In Utah Code 53-2a-209

  • 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
  • Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 53-2a-102
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 53-2a-102
  • 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 copy of the order, rule, or regulation promulgated under Subsection (1) shall be filed as soon as practicable with:

    (a)  the Office of Administrative Rules, if issued by the governor or a state agency; or

    (b)  the office of the clerk of the municipality or county, if issued by the chief executive officer of a municipality or county.

    (3)  The governor may suspend the provisions of any order, rule, or regulation of any state agency, if the strict compliance with the provisions of the order, rule, or regulation would substantially prevent, hinder, or delay necessary action in coping with the emergency or disaster.

    (4) 

    (a)  Except as provided in Subsection (4)(b) and subject to Subsections (4)(c) and (d), the governor may by executive order suspend the enforcement of a statute if:

    (i)  the governor declares a state of emergency in accordance with Section 53-2a-206;

    (ii)  the governor determines that suspending the enforcement of the statute is:

    (A)  directly related to the state of emergency described in Subsection (4)(a)(i); and

    (B)  necessary to address the state of emergency described in Subsection (4)(a)(i);

    (iii)  the executive order:

    (A)  describes how the suspension of the enforcement of the statute is:

    (I)  directly related to the state of emergency described in Subsection (4)(a)(i); and

    (II)  necessary to address the state of emergency described in Subsection (4)(a)(i); and

    (B)  provides the citation of the statute that is the subject of suspended enforcement;

    (iv)  the governor acts in good faith;

    (v)  the governor provides notice of the suspension of the enforcement of the statute to the speaker of the House of Representatives and the president of the Senate no later than 24 hours after suspending the enforcement of the statute; and

    (vi)  the governor makes the report required by Section 53-2a-210.

    (b) 

    (i)  Except as provided in Subsection (4)(b)(ii), the governor may not suspend the enforcement of a criminal penalty created in statute.

    (ii)  The governor may suspend the enforcement of a misdemeanor or infraction if:

    (A)  the misdemeanor or infraction relates to food, health, or transportation; and

    (B)  the requirements of Subsection (4)(a) are met.

    (c)  A suspension described in this Subsection (4) terminates no later than the date the governor terminates the state of emergency in accordance with Section 53-2a-206 to which the suspension relates.

    (d)  The governor:

    (i)  shall provide the notice required by Subsection (4)(a)(v) using the best available method under the circumstances as determined by the governor;

    (ii)  may provide the notice required by Subsection (4)(a)(v) in electronic format; and

    (iii)  shall provide the notice in written form, if practicable.

    (e)  If circumstances prevent the governor from providing notice to the speaker of the House of Representatives or the president of the Senate, notice shall be provided in the best available method to the presiding member of the respective body as is reasonable.

    Amended by Chapter 437, 2021 General Session

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