Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 182
             LOCAL HEALTH DEPARTMENT ORDER AMENDMENTS
                                       2022 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Mark A. Strong
                               Senate Sponsor: Kirk A. Cullimore
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 LONG TITLE
 General Description:
        This bill excludes state facilities and the capitol hill complex from the authority and
 jurisdiction of a local health department pertaining to an order of constraint.
 Highlighted Provisions:
        This bill:
        < excludes state facilities and the capitol hill complex from the authority and
 jurisdiction of a local health department pertaining to an order of constraint;
        < prohibits a chief executive officer of a municipality from exercising emergency
 powers in response to a pandemic or an epidemic;
        < prohibits a chief executive officer or a municipality or county from vetoing an
 action by the relevant local legislative body to terminate an order of constraint or a
 declaration of a local emergency;
        < enacts a provision indicating that the Disaster Response and Recovery Act preempts
 and supersedes any law of a political subdivision of the state pertaining to disaster
 and emergency response; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
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 AMENDS:
        17-53-302, as last amended by Laws of Utah 2011, Chapter 209
        26A-1-108, as last amended by Laws of Utah 2018, Chapter 256
        26A-1-114, as last amended by Laws of Utah 2021, Chapter 437
        53-2a-102, as last amended by Laws of Utah 2021, Chapter 106
        53-2a-205, as last amended by Laws of Utah 2021, Chapter 437
        53-2a-208, as last amended by Laws of Utah 2021, Chapter 437
        53-2a-213, as renumbered and amended by Laws of Utah 2013, Chapter 295
37
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 17-53-302 is amended to read:
        17-53-302. County executive duties.
        Each county executive shall:
        (1) exercise supervisory control over all functions of the executive branch of county
 government;
        (2) direct and organize the management of the county in a manner consistent with state
 law, county ordinance, and the county's optional plan of county government;
        (3) carry out programs and policies established by the county legislative body;
        (4) faithfully ensure compliance with all applicable laws and county ordinances;
        (5) exercise supervisory and coordinating control over all departments of county
 government;
        (6) except as otherwise vested in the county legislative body by state law or by the
 optional plan of county government, and subject to Section 17-53-317, appoint, suspend, and
 remove the directors of all county departments and all appointive officers of boards and
 commissions;
        (7) except as otherwise delegated by statute to another county officer, exercise
 administrative and auditing control over all funds and assets, tangible and intangible, of the
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 county;
           (8) except as otherwise delegated by statute to another county officer, supervise and
 direct centralized budgeting, accounting, personnel management, purchasing, and other service
 functions of the county;
           (9) conduct planning studies and make recommendations to the county legislative body
 relating to financial, administrative, procedural, and operational plans, programs, and
 improvements in county government;
           (10) maintain a continuing review of expenditures and of the effectiveness of
 departmental budgetary controls;
           (11) develop systems and procedures, not inconsistent with statute, for planning,
 programming, budgeting, and accounting for all activities of the county;
           (12) if the county executive is an elected county executive, exercise a power of veto
 over [ordinances enacted] the legislative enactments by the county legislative body, [including]
 which are defined as county ordinances and budget appropriations, and include an item veto
 upon budget appropriations, in the manner provided by the optional plan of county
 government;
           (13) review, negotiate, approve, and execute contracts for the county, unless otherwise
 provided by statute;
           (14) perform all other functions and duties required of the executive by state law,
 county ordinance, and the optional plan of county government; and
           (15) sign on behalf of the county all deeds that convey county property.
           Section 2. Section 26A-1-108 is amended to read:
           26A-1-108. Jurisdiction and duties of local health departments -- Registration as
 a limited purpose entity.
           (1) (a) [A] Except as provided in Subsection (1)(b), a local health department has
 jurisdiction in all unincorporated and incorporated areas of the county or counties in which it
 is established and shall enforce state health laws, Department of Health, Department of
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 Environmental Quality, and local health department rules, regulations, and standards within
 those areas.
        (b) Notwithstanding Subsection (1)(a), a local health department's jurisdiction or
 authority to issue an order of constraint pursuant to a declared public health emergency does
 not apply to any facility, property, or area owned or leased by the state, including the capitol
 hill complex, as that term is defined in Section 63C-9-102.
        (2) (a) Each local health department shall register and maintain the local health
 department's registration as a limited purpose entity, in accordance with Section 67-1a-15.
        (b) A local health department that fails to comply with Subsection (2)(a) or Section
 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
        Section 3. Section 26A-1-114 is amended to read:
        26A-1-114. Powers and duties of departments.
        (1) Subject to Subsections (7) [and], (8), and (11), a local health department may:
        (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
 department rules, and local health department standards and regulations relating to public
 health and sanitation, including the plumbing code administered by the Division of
 Occupational and Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction
 Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification
 Act, in all incorporated and unincorporated areas served by the local health department;
        (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
 control over property and over individuals as the local health department finds necessary for
 the protection of the public health;
        (c) establish and maintain medical, environmental, occupational, and other laboratory
 services considered necessary or proper for the protection of the public health;
        (d) establish and operate reasonable health programs or measures not in conflict with
 state law which:
        (i) are necessary or desirable for the promotion or protection of the public health and
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 the control of disease; or
         (ii) may be necessary to ameliorate the major risk factors associated with the major
 causes of injury, sickness, death, and disability in the state;
         (e) close theaters, schools, and other public places and prohibit gatherings of people
 when necessary to protect the public health;
         (f) abate nuisances or eliminate sources of filth and infectious and communicable
 diseases affecting the public health and bill the owner or other person in charge of the premises
 upon which this nuisance occurs for the cost of abatement;
         (g) make necessary sanitary and health investigations and inspections on its own
 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
 as to any matters affecting the public health;
         (h) pursuant to county ordinance or interlocal agreement:
         (i) establish and collect appropriate fees for the performance of services and operation
 of authorized or required programs and duties;
         (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
 property, services, or materials for public health purposes; and
         (iii) make agreements not in conflict with state law which are conditional to receiving a
 donation or grant;
         (i) prepare, publish, and disseminate information necessary to inform and advise the
 public concerning:
         (i) the health and wellness of the population, specific hazards, and risk factors that may
 adversely affect the health and wellness of the population; and
         (ii) specific activities individuals and institutions can engage in to promote and protect
 the health and wellness of the population;
         (j) investigate the causes of morbidity and mortality;
         (k) issue notices and orders necessary to carry out this part;
         (l) conduct studies to identify injury problems, establish injury control systems,
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 develop standards for the correction and prevention of future occurrences, and provide public
 information and instruction to special high risk groups;
        (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
 within the jurisdiction of the boards;
        (n) cooperate with the state health department, the Department of Corrections, the
 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
 convicted sexual offenders, and any victims of a sexual offense;
        (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108; and
        (p) provide public health assistance in response to a national, state, or local emergency,
 a public health emergency as defined in Section 26-23b-102, or a declaration by the President
 of the United States or other federal official requesting public health-related activities.
        (2) The local health department shall:
        (a) establish programs or measures to promote and protect the health and general
 wellness of the people within the boundaries of the local health department;
        (b) investigate infectious and other diseases of public health importance and implement
 measures to control the causes of epidemic and communicable diseases and other conditions
 significantly affecting the public health which may include involuntary testing of alleged sexual
 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims
 of sexual offenses for HIV infection pursuant to Section 76-5-503;
        (c) cooperate with the department in matters pertaining to the public health and in the
 administration of state health laws; and
        (d) coordinate implementation of environmental programs to maximize efficient use of
 resources by developing with the Department of Environmental Quality a Comprehensive
 Environmental Service Delivery Plan which:
        (i) recognizes that the Department of Environmental Quality and local health
 departments are the foundation for providing environmental health programs in the state;
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        (ii) delineates the responsibilities of the department and each local health department
 for the efficient delivery of environmental programs using federal, state, and local authorities,
 responsibilities, and resources;
        (iii) provides for the delegation of authority and pass through of funding to local health
 departments for environmental programs, to the extent allowed by applicable law, identified in
 the plan, and requested by the local health department; and
        (iv) is reviewed and updated annually.
        (3) The local health department has the following duties regarding public and private
 schools within its boundaries:
        (a) enforce all ordinances, standards, and regulations pertaining to the public health of
 persons attending public and private schools;
        (b) exclude from school attendance any person, including teachers, who is suffering
 from any communicable or infectious disease, whether acute or chronic, if the person is likely
 to convey the disease to those in attendance; and
        (c) (i) make regular inspections of the health-related condition of all school buildings
 and premises;
        (ii) report the inspections on forms furnished by the department to those responsible for
 the condition and provide instructions for correction of any conditions that impair or endanger
 the health or life of those attending the schools; and
        (iii) provide a copy of the report to the department at the time the report is made.
        (4) If those responsible for the health-related condition of the school buildings and
 premises do not carry out any instructions for corrections provided in a report in Subsection
 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
 persons responsible.
        (5) The local health department may exercise incidental authority as necessary to carry
 out the provisions and purposes of this part.
        (6) Nothing in this part may be construed to authorize a local health department to
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 enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
 monoxide detector in a residential dwelling against anyone other than the occupant of the
 dwelling.
        (7) (a) Except as provided in Subsection (7)(c), a local health department may not
 declare a public health emergency or issue an order of constraint until the local health
 department has provided notice of the proposed action to the chief executive officer of the
 relevant county no later than 24 hours before the local health department issues the order or
 declaration.
        (b) The local health department:
        (i) shall provide the notice required by Subsection (7)(a) using the best available
 method under the circumstances as determined by the local health department;
        (ii) may provide the notice required by Subsection (7)(a) in electronic format; and
        (iii) shall provide the notice in written form, if practicable.
        (c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
 public health emergency or issue an order of constraint without approval of the chief executive
 officer of the relevant county if the passage of time necessary to obtain approval of the chief
 executive officer of the relevant county as required in Subsection (7)(a) would substantially
 increase the likelihood of loss of life due to an imminent threat.
        (ii) If a local health department declares a public health emergency or issues an order
 of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
 chief executive officer of the relevant county before issuing the order of constraint.
        (iii) The chief executive officer of the relevant county may terminate a declaration of a
 public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
 within 72 hours of declaration of the public health emergency or issuance of the order of
 constraint.
        (d) (i) The relevant county governing body may at any time terminate a public health
 emergency or an order of constraint issued by the local health department by majority vote of
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 the county governing body in response to a declared public health emergency.
        (ii) A vote by the relevant county governing body to terminate a public health
 emergency or an order of constraint as described in Subsection (7)(d)(i) is not subject to veto
 by the relevant chief executive officer.
        (8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
 a local health departme