53-2a-215.  Requirements for long-term emergency response — Notice.

(1) 

Terms Used In Utah Code 53-2a-215

  • Executive action: means any of the following actions by the governor during a state of emergency:
(a) an order, a rule, or a regulation made by the governor as described in Section 53-2a-209;
(b) an action by the governor to suspend or modify a statute as described in Subsection 53-2a-204(1)(j); or
(c) an action by the governor to suspend the enforcement of a statute as described in Subsection 53-2a-209(4). See Utah Code 53-2a-203
  • Legislative emergency response committee: means the Legislative Emergency Response Committee created in Section 53-2a-218. See Utah Code 53-2a-203
  • Property: includes both real and personal property. 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
    • (a) 

    (i)  Except as provided in Subsection (2), and in accordance with Subsection (1)(b), during a long-term state of emergency, the governor may not take an executive action in response to the emergency until the governor has provided notice of the proposed action to the legislative emergency response committee no later than 24 hours before the governor issues the executive action.

    (ii)  The governor:

    (A)  shall provide the notice required by Subsection (1)(a)(i) using the best available method under the circumstances as determined by the governor;

    (B)  may provide the notice required by Subsection (1)(a)(i) in electronic format; and

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

    (b)  Except for any conflicting provision in this section, the governor shall comply with the requirements of this chapter to take an executive action in response to a long-term emergency.

    (c)  If the governor takes executive action in response to a long-term emergency as described in this Subsection (1), the governor is not required to provide:

    (i)  the notice described in Subsection 53-2a-209(4)(a)(v); or

    (ii)  the report described in Section 53-2a-210.

    (2) 

    (a)  The governor may take executive action in response during a long-term emergency without complying with Subsection (1) only if the governor finds that:

    (i)  there is an imminent threat of serious bodily injury, loss of life, or substantial harm to property; and

    (ii)  compliance with Subsection (1) would increase the threat of serious bodily injury, loss of life, or substantial harm to property.

    (b)  If the governor takes executive action in response to a long-term emergency without complying with the requirements of Subsection (1)(a), the governor shall provide in the executive action an explanation why the requirements of Subsection (1)(a) were not met.

    (3)  This section supersedes any conflicting provisions of Utah law.

    (4)  Notwithstanding any other provision of law, the governor may not suspend the application or enforcement of this section.

    Amended by Chapter 437, 2021 General Session

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