Utah legislative leaders on Tuesday unveiled a new proposal to rein in the emergency powers of the governor and state and local health departments, saying the state’s current laws are not designed to grapple with long-term events like the COVID-19 pandemic.
SB195 from Senate Majority Leader Evan Vickers, R-Cedar City, would make a number of significant changes to how the state handles long-term emergencies, including limiting how long an emergency declaration remains in effect as well as who has the authority to override those declarations.
The bill says a public health emergency order is only valid for 30 days, but could be ended earlier by a joint resolution of the Legislature or if the emergency has passed. Emergency orders could be extended beyond 30 days by the Legislature, but they must have a definite end date. If the emergency order is terminated by lawmakers, it could not be reinstated by public health departments.
A county legislative body also would be empowered to end a public health emergency declared by a local health department earlier than 30 days.
The bill would puts caps on fines for individuals violating public health orders at $150. Those fines can be up to $10,000 currently.
A health authority could ask to extend a public health emergency declaration beyond 30 days so long as it provides written notice to the Senate President and Speaker of the House.
The governor also would be restricted under the bill from taking executive action in response to a long-term emergency unless he or she informs a newly-created legislative “emergency response committee” at least 24 hours beforehand. That committee also could approve or nix an extension of a public health emergency declaration.
“The fundamental principle here is the Legislature’s role is policy and the executive branch’s function is to execute that policy,” says House Speaker Brad Wilson, R-Kaysville.
“This bill says if an emergency is going to last more than 30 days, the Legislature needs to be consulted and decide whether or not the state of emergency should remain,” he added.
The proposed legislative committee would be made up of the current members of the Executive Appropriations Committee, plus other members appointed by the House speaker and Senate president.
Lawmakers have been frustrated with the length and scope of the coronavirus emergency, but have been unable to find a legislative solution. The proposal comes out of discussions between legislative leaders and the governor’s office.
“I think everyone sees the system for emergencies that we have set up just wasn’t built for a protracted emergency,” says Rep. Brady Brammer, R-Highland. “We’re just trying to find the right solution.”
A statement released from the House and Senate leaders said: “The proposed changes to emergency powers are not a condemnation of any agency, individual or action. The Senate and House of Representatives, along with the governor’s office, have been involved and support the bill concepts, which will continue to be refined as the bill goes through the legislative process.”
SB195 has yet to be introduced but already appears almost certain to pass in some form.
Most states have some sort of check on executive emergency powers, according to a roundup by the National Conference of State Legislatures. It summarizes Utah’s by saying that the governor cannot extend an emergency declaration beyond 30 days without a resolution by the Legislature, but that hasn’t precluded the executive from doing so by issuing new orders.
The bipartisan group also said that legislatures in at least 37 states are considering bills or resolutions that would limit governors’ powers or executive spending during the COVID-19 pandemic or other emergencies.
The Tribune will update this story.
