This is a breakdown of SB 195- which can be found here
Overall this bill has some great pieces in it, and helps bring the law back under the legislature…mostly, as it should. With that said there are some very alarming parts as well. Below are the worst:
446 (8) (a) “Order of constraint” means an order, rule, or regulation issued in response to a
447 declared public health emergency under this chapter, that:
448 (i) applies to all or substantially all:
449 (A) individuals or a certain group of individuals; or
450 (B) public places or a certain types of public places; and
451 (ii) for the protection of the public health and in response to the declared public health
452 emergency:
453 (A) establishes, maintains, or enforces isolation or quarantine;
454 (B) establishes, maintains, or enforces a stay-at-home order;
455 (C) exercises physical control over property or individuals; or
456 (D) closes theaters, schools, or other public places or prohibits gatherings of people to
457 protect the public health.
458 (b) “Order of constraint” includes a stay-at-home order.
THIS IS THE WORST POINT OF THE BILL. It codifies all the illegal orders of the past year, that originally could not have been applied to all individuals, by coining a new power in “order of constraint”. Essentially imprisonment without due process – CODIFIED. The “orders of constraint” are the bars and locks of the prison.
466 (11) “Stay-at-home order” means an order of constraint that:
467 (a) restricts movement of the general population to suppress or mitigate an epidemic or
468 pandemic disease by directing individuals within a defined geographic area to remain in their
469 respective residences; and
470 (b) may include exceptions for certain essential tasks.
food and other “essentials” may be allowed. This should alarm anyone
493 (b) (i) The department may not declare a public health emergency or issue an order of
494 constraint until the department has provided notice of the proposed action to the legislative
495 emergency response committee no later than 24 hours before the department issues the order or
496 declaration.
They are required only to “provide notice” to that committee, NOT obtain permission.
497 (ii) The department:
498 (A) shall provide the notice required by Subsection (3)(b)(i) using the best available
499 method under the circumstances as determined by the executive director;
500 (B) may provide the notice required by Subsection (3)(b)(i) in electronic format; and
501 (C) shall provide the notice in written form, if practicable.
Again, no objective criteria for ending the emergency. Just – you know – when the Governor feels like it.
511 (ii) 30 days after the date on which the department declared the public health
512 emergency; or
513 (iii) the day on which the public health emergency is terminated by a joint resolution of
514 the Legislature.
515 (b) (i) The Legislature, by joint resolution, may extend a public health emergency for a
516 time period designated in the joint resolution.
Once again, no objective criteria for the legislature to extend the emergency. So both executive and legislature are claiming equal powers to extend emergencies.
517 (ii) If the Legislature extends a public health emergency as described in Subsection
518 (4)(b)(i), the public health emergency expires on the date designated by the Legislature.
So emergency forever if they desire.
519 (c) Except as provided in Subsection (4)(d), if a public health emergency declared by
520 the department expires as described in Subsection (4)(a) or (b), the department may not declare
521 a public health emergency for the same illness or occurrence that precipitated the previous
522 public health emergency declaration.
523 (d) (i) Notwithstanding Subsection (4)(c), subject to Subsection (4)(e), if the
524 department finds that exigent circumstances exist, after providing notice to the Legislature, the
525 department may declare a new public health emergency for the same illness or occurrence that
526 precipitated a previous public health emergency declaration.
527 (ii) A public health emergency declared as described in Subsection (4)(d)(i) expires in
528 accordance with Subsection (4)(a) or (b).
529 (e) If the Legislature terminates a public health emergency declared due to exigent
530 circumstances as described in Subsection (4)(d)(i), the department may not declare a new
531 public health emergency for the same illness, occurrence, or exigent circumstances.
532 (5) During a declared public health emergency declared under this title:
533 (a) the Legislature may at any time by joint resolution terminate an order of constraint
534 issued by the department or a local health department in response to a public health emergency;
535 and
536 (b) a county legislative body may at any time terminate an order of constraint issued by
537 a local health department in response to a public health emergency.
538 (6) (a) If the department or a local health department declares a public health
539 emergency as described in this chapter, and the department or local health department finds
540 that the public health emergency conditions warrant an extension of the public health
541 emergency beyond the 30-day term or another date designated by the Legislature or county
542 governing body as described in this section, the department or local health department shall
543 provide written notice to the speaker of the House of Representatives and the president of the
544 Senate at least 10 days before the expiration of the public health emergency.
545 (b) If the department or local health department provides notice as described in
546 Subsection (6)(a) for a public health emergency within the first 30 days from the initial
547 declaration of the public health emergency, the speaker of the House of Representatives and the
548 president of the Senate
549 (i) shall poll the members of their respective bodies to determine whether the
550 Legislature will extend the public health emergency; and
551 (ii) may jointly convene the committee created in Section 53-2a-218.
552 (c) If the department or local health department provides notice as described in
553 Subsection (6)(a) for a public health emergency that has been extended beyond the 30 days
554 from the initial declaration of the public health emergency, the speaker of the House of
555 Representatives and the president of the Senate shall jointly convene the committee created in
556 Section 53-2a-218.
557 (7) If the committee created in Section 53-2a-218 is convened as described in
558 Subsection (6), the committee shall conduct a public meeting to:
559 (a) discuss the nature of the public health emergency and conditions of the public
560 health emergency;
561 (b) evaluate options for public health emergency response;
562 (c) receive testimony from individuals with expertise relevant to the current public
563 health emergency;
564 (d) receive testimony from members of the public; and
565 (e) provide a recommendation to the Legislature whether to extend the public health
566 emergency by joint resolution.
The above section is the only part that has public input, BUT, still no objective criteria, no data, nothing. Just a series of negotiations occurring between all the different players in the government.