Utah Code 53-2a-219. Religious practice during a state of emergency

53-2a-219. Religious practice during a state of emergency.

(1)

During a state of emergency declared as described in this chapter:

Terms Used In Utah Code 53-2a-219

Chief executive officer: means :

(a)

for a municipality:

(i)	the mayor for a municipality operating under all forms of municipal government except the council-manager form of government; or

(ii)	the city manager for a municipality operating under the council-manager form of government;

(b)

for a county:

(i)	the chair of the county commission for a county operating under the county commission or expanded county commission form of government;

(ii)	the county executive officer for a county operating under the county-executive council form of government; or

(iii)

the county manager for a county operating under the council-manager form of government;

(c)

for a special service district:

(i)	the chief executive officer of the county or municipality that created the special service district if authority has not been delegated to an administrative control board as provided in Section 17D-1-301;

(ii)	the chair of the administrative control board to which authority has been delegated as provided in Section 17D-1-301; or

(iii)

the general manager or other officer or employee to whom authority has been delegated by the governing body of the special service district as provided in Section 17D-1-301; or

(d)

for a special district:

(i)	the chair of the board of trustees selected as provided in Section 17B-1-309; or

(ii)

the general manager or other officer or employee to whom authority has been delegated by the board of trustees. See Utah Code 53-2a-203

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

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

(a)

the governor or chief executive officer of a political subdivision may not impose a restriction on a religious gathering that is more restrictive than a restriction on any other relevantly similar gathering; and

(b)

an individual, while acting or purporting to act within the course and scope of the individual’s official government capacity, may not:

(i)	prevent a religious gathering that is held in a manner consistent with any order or restriction issued pursuant to this part; or

(ii)	impose a penalty for a previous religious gathering that was held in a manner consistent with any order or restriction issued pursuant to this part.

(2)	Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this section.

(3)

During a state of emergency declared as described in this title, the governor or the chief executive of a political subdivision shall not issue an executive order or impose or implement a regulation that substantially burdens an individual’s exercise of religion unless the governor or chief executive officer of the political subdivision demonstrates that the application of the burden to the individual:

(a)	is in furtherance of a compelling government interest; and

(b)	is the least restrictive means of furthering that compelling government interest.

(4)	Notwithstanding Subsections (1) and (3), an executive order shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.

Enacted by Chapter 437, 2021 General Session

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