HB 85

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1State Sovereignty Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Lisa Shepherd
  Senate Sponsor: Ronald M. Winterton
2
3   LONG TITLE
4   General Description:
5This bill addresses state sovereignty.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ prohibits the governor or the chief executive officer of a political subdivision from
10   declaring a state of emergency exclusively in response to an international organization's
11   proclamation declaring a state of emergency;
12▸ declares that an international organization has no power, jurisdiction, or legal authority in
13   the state;
14▸ prohibits the state, state agencies, and local governments from implementing or enforcing
15   an international directive issued by an international organization; and
16▸ makes technical changes.
17   Money Appropriated in this Bill:
18None
19   Other Special Clauses:
20None
21   Utah Code Sections Affected:
22   AMENDS:
2353-2a-203, as last amended by Laws of Utah 2023, Chapter 16
2453-2a-205, as last amended by Laws of Utah 2022, Chapter 39
  H.B. 85
2553-2a-206, as last amended by Laws of Utah 2024, Chapter 381
2653-2a-208, as last amended by Laws of Utah 2024, Chapter 438
27   ENACTS:
2863G-16-102, Utah Code Annotated 1953
29
30   Be it enacted by the Legislature of the state of Utah:
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31Section 1. Section 53-2a-203 is amended to read:
3253-2a-203 . Definitions.
33     As used in this part:
34  (1) "Chief executive officer" means:
35      (a) for a municipality:
36(i) the mayor for a municipality operating under all forms of municipal government
37except the council-manager form of government; or
38(ii) the city manager for a municipality operating under the council-manager form of
39government;
40      (b) for a county:
41(i) the chair of the county commission for a county operating under the county
42commission or expanded county commission form of government;
43(ii) the county executive officer for a county operating under the county-executive
44council form of government; or
45(iii) the county manager for a county operating under the council-manager form of
46government;
47      (c) for a special service district:
48(i) the chief executive officer of the county or municipality that created the special
49service district if authority has not been delegated to an administrative control
50board as provided in Section 17D-1-301;
51(ii) the chair of the administrative control board to which authority has been
52delegated as provided in Section 17D-1-301; or
53(iii) the general manager or other officer or employee to whom authority has been
54delegated by the governing body of the special service district as provided in
55Section 17D-1-301; or
56      (d) for a special district:
57(i) the chair of the board of trustees selected as provided in Section 17B-1-309; or
58(ii) the general manager or other officer or employee to whom authority has been
59delegated by the board of trustees.
60  (2) "Executive action" means any of the following actions by the governor during a state of
61      emergency:
62      (a) an order, a rule, or a regulation made by the governor as described in Section
6353-2a-209;
64      (b) an action by the governor to suspend or modify a statute as described in Subsection
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6553-2a-204(1)(j); or
66(c) an action by the governor to suspend the enforcement of a statute as described in
67Subsection 53-2a-209(4).
68   (3) "Exigent circumstances" means a significant change in circumstances following the
69expiration of a state of emergency declared in accordance with this chapter that:
70(a) substantially increases the threat to public safety or health relative to the
71circumstances in existence when the state of emergency expired;
72(b) poses an imminent threat to public safety or health; and
73(c) was not known or foreseen and could not have been known or foreseen at the time
74the state of emergency expired.
75   (4) "International organization" means the United Nations, the World Economic Forum, or
76the World Health Organization.
77   [(4)] (5) "Legislative emergency response committee" means the Legislative Emergency
78Response Committee created in Section 53-2a-218.
79   [(5)] (6) "Local emergency" means a condition in any municipality or county of the state
80which requires that emergency assistance be provided by the affected municipality or
81county or another political subdivision to save lives and protect property within its
82jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster.
83   [(6)] (7) "Long-term state of emergency" means a state of emergency:
84(a) that lasts longer than 30 days; or
85(b) declared to respond to exigent circumstances as described in Subsection 53-2a-206(3).
86   [(7)] (8) "Political subdivision" means a municipality, county, special service district, or
87special district.
88Section 2. Section 53-2a-205 is amended to read:
8953-2a-205 . Authority of chief executive officers of political subdivisions --
90   Ordering of evacuations.
91   (1)(a) In order to protect life and property when a state of emergency or local emergency
92has been declared, subject to limitation by the Legislature as described in Subsection
9353-2a-206(5), and subject to Section 53-2a-216, the chief executive officer of each
94political subdivision of the state is authorized to:
95(i) carry out, in the chief executive officer's jurisdiction, the measures as may be
96ordered by the governor under this part; and
97(ii) take any additional measures the chief executive officer may consider necessary,
98subject to the limitations and provisions of this part.
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99      (b) The chief executive officer may not take an action that is inconsistent with any order,
100rule, regulation, or action of the governor.
101      (c) A chief executive officer of a municipality may not exercise powers under this
102chapter to respond to an epidemic or a pandemic.
103      (d) A chief executive officer may not exercise powers under this chapter exclusively in
104response to an international organization's proclamation declaring a state of
105emergency.
106  (2) Subject to Section 53-2a-216, when a state of emergency or local emergency is
107      declared, the authority of the chief executive officer includes:
108      (a) utilizing all available resources of the political subdivision as reasonably necessary to
109manage a state of emergency or local emergency;
110      (b) employing measures and giving direction to local officers and agencies which are
111reasonable and necessary for the purpose of securing compliance with the provisions
112of this part and with orders, rules, and regulations made under this part;
113      (c) if necessary for the preservation of life, issuing an order for the evacuation of all or
114part of the population from any stricken or threatened area within the political
115subdivision;
116      (d) recommending routes, modes of transportation, and destinations in relation to an
117evacuation;
118      (e) suspending or limiting the sale, dispensing, or transportation of alcoholic beverages,
119explosives, and combustibles in relation to an evacuation, except that the chief
120executive officer may not restrict the lawful bearing of arms;
121      (f) controlling ingress and egress to and from a disaster area, controlling the movement
122of persons within a disaster area, and ordering the occupancy or evacuation of
123premises in a disaster area;
124      (g) clearing or removing debris or wreckage that may threaten public health, public
125safety, or private property from publicly or privately owned land or waters, except
126that where there is no immediate threat to public health or safety, the chief executive
127officer shall not exercise this authority in relation to privately owned land or waters
128unless:
129(i) the owner authorizes the employees of designated local agencies to enter upon the
130private land or waters to perform any tasks necessary for the removal or clearance;
131and
132(ii) the owner provides an unconditional authorization for removal of the debris or
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133wreckage and agrees to indemnify the local and state government against any
134claim arising from the removal; and
135(h) invoking the provisions of any mutual aid agreement entered into by the political
136subdivision.
137   (3)(a) If the chief executive is unavailable to issue an order for evacuation under
138Subsection (2)(c), the chief law enforcement officer having jurisdiction for the area
139may issue an urgent order for evacuation, for a period not to exceed 36 hours, if the
140order is necessary for the preservation of life.
141(b) The chief executive officer may ratify, modify, or revoke the chief law enforcement
142officer's order.
143   (4) Notice of an order or the ratification, modification, or revocation of an order issued
144under this section shall be:
145(a) given to the persons within the jurisdiction by the most effective and reasonable
146means available; and
147(b) filed in accordance with Subsection 53-2a-209(1).
148Section 3. Section 53-2a-206 is amended to read:
14953-2a-206 . State of emergency -- Declaration -- Termination -- Commander in
150   chief of military forces.
151   (1)(a) [A state of emergency may be declared by executive order of the governor] Subject
152to Subsection (1)(b), the governor may declare a state of emergency by executive
153order if the governor finds a disaster has occurred or the occurrence or threat of a
154disaster is imminent in any area of the state in which state government assistance is
155required to supplement the response and recovery efforts of the affected political
156subdivision or political subdivisions.
157(b) The governor may not declare a state of emergency under Subsection (1)(a)
158exclusively in response to an international organization's proclamation declaring a
159state of emergency.
160   (2)(a) Except as provided in Subsection (2)(b), a state of emergency described in
161Subsection [(1)] (1)(a) expires at the earlier of:
162(i) the day on which the governor finds that the threat or danger has passed or the
163disaster reduced to the extent that emergency conditions no longer exist;
164(ii) 30 days after the date on which the governor declared the state of emergency; or
165(iii) the day on which the Legislature terminates the state of emergency by joint
166resolution.
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167      (b)(i) The Legislature may, by joint resolution, extend a state of emergency for a time
168period designated in the joint resolution.
169(ii) If the Legislature extends a state of emergency in accordance with this
170subsection, the state of emergency expires on the date designated in the joint
171resolution.
172      (c) Except as provided in Subsection (3), if a state of emergency expires as described in
173Subsection (2), the governor may not declare a new state of emergency for the same
174disaster or occurrence as the expired state of emergency.
175  (3)(a) After a state of emergency expires in accordance with Subsection (2), and subject
176      to Subsection (4), the governor may declare a new state of emergency in response to
177      the same disaster or occurrence as the expired state of emergency, if the governor
178      finds that exigent circumstances exist.
179      (b) A state of emergency declared in accordance with Subsection (3)(a) expires in
180accordance with Subsections (2)(a) and (b).
181      (c) After a state of emergency declared in accordance with Subsection (3)(a) expires, the
182governor may not declare a new state of emergency in response to the same disaster
183or occurrence as the expired state of emergency, regardless of whether exigent
184circumstances exist.
185  (4)(a)(i) If the Legislature finds that emergency conditions warrant the extension of a
186      state of emergency beyond 30 days as [described] provided in Subsection (2)(b),
187      the Legislature may extend the state of emergency and specify which emergency
188      powers described in this part are necessary to respond to the emergency conditions
189      present at the time of the extension of the state of emergency.
190(ii) Circumstances that may warrant the extension of a state of emergency with
191limited emergency powers include:
192(A) the imminent threat of the emergency has passed, but continued fiscal
193response remains necessary; or
194(B) emergency conditions warrant certain executive actions, but certain
195emergency powers such as suspension of enforcement of statute are not
196necessary.
197      (b) For any state of emergency extended by the Legislature beyond 30 days as [described]
198provided in Subsection (2)(b), the Legislature may, by joint resolution:
199(i) extend the state of emergency and maintain all of the emergency powers described
200in this part; or
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201(ii) limit or restrict certain emergency powers of:
202(A) the division as described in Section 53-2a-104;
203(B) the governor as described in Section 53-2a-204;
204(C) a chief executive officer of a political subdivision as described in Section
20553-2a-205; or
206(D) other executive emergency powers described in this chapter.
207(c) If the Legislature limits emergency powers as described in Subsection (4)(b), the
208Legislature shall:
209(i) include in the joint resolution findings describing the nature and current conditions
210of the emergency that warrant the continuation or limitation of certain emergency
211powers; and
212(ii) clearly enumerate and describe in the joint resolution which powers:
213(A) are being limited or restricted; or
214(B) shall remain in force.
215   (5) If the Legislature terminates a state of emergency by joint resolution, the governor shall
216issue an executive order ending the state of emergency on receipt of the Legislature's
217resolution.
218   (6) An executive order described in this section to declare a state of emergency shall state:
219(a) the nature of the state of emergency;
220(b) the area or areas threatened; and
221(c) the conditions creating such an emergency or those conditions allowing termination
222of the state of emergency.
223   (7) During the continuance of any state of emergency the governor is commander in chief
224of the military forces of the state in accordance with Utah Constitution, Article VII,
225Section 4, and Title 39A, National Guard and Militia Act.
226Section 4. Section 53-2a-208 is amended to read:
22753-2a-208 . Local emergency -- Declarations -- Termination of a local emergency.
228   (1)(a) Except as provided in [Subsection] Subsections (1)(b) and (c), a chief executive
229officer of a municipality or county may declare by proclamation a state of emergency
230if the chief executive officer finds:
231(i) a disaster has occurred or the occurrence or threat of a disaster is imminent in an
232area of the municipality or county; and
233(ii) the municipality or county requires additional assistance to supplement the
234response and recovery efforts of the municipality or county.
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235      (b) A chief executive officer may not declare a state of emergency under Subsection
236(1)(a) exclusively in response to an international organization's proclamation
237declaring a state of emergency.
238      [(b)] (c) A chief executive officer of a municipality may not declare by proclamation a
239state of emergency in response to an epidemic or a pandemic.
240  (2) A declaration of a local emergency:
241      (a) constitutes an official recognition that a disaster situation exists within the affected
242municipality or county;
243      (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance
244from other political subdivisions or from the state or federal government;
245      (c) activates the response and recovery aspects of any and all applicable local disaster
246emergency plans; and
247      (d) authorizes the furnishing of aid and assistance in relation to the proclamation.
248  (3) A local emergency proclamation issued under this section shall state:
249      (a) the nature of the local emergency;
250      (b) the area or areas that are affected or threatened; and
251      (c) the conditions which caused the emergency.
252  (4) The emergency declaration process within the state shall be as follows:
253      (a) a city or town, shall declare to the county;
254      (b) a county shall declare to the state;
255      (c) the state shall declare to the federal government; and
256      (d) a tribe, as defined in Section 23A-1-202, shall declare as determined under the
257Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec.
2585121 et seq.
259  (5) Nothing in this part affects:
260      (a) the governor's authority to declare a state of emergency under Section 53-2a-206; or
261      (b) the duties, requests, reimbursements, or other actions taken by a political subdivision
262participating in the state-wide mutual aid system pursuant to [Title 53, Chapter 2a, ]
263Part 3, Statewide Mutual Aid Act.
264  (6)(a) Except as provided in Subsection (6)(b), a state of emergency described in
265      Subsection [(1)] (1)(a) expires the earlier of:
266(i) the day on which the chief executive officer finds that:
267(A) the threat or danger has passed;
268(B) the disaster reduced to the extent that emergency conditions no longer exist; or
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269(C) the municipality or county no longer requires state government assistance to
270supplement the response and recovery efforts of the municipality or county;
271(ii) 30 days after the day on which the chief executive officer declares the state of
272emergency; or
273(iii) the day on which the legislative body of the municipality or county terminates
274the state of emergency by majority vote.
275(b)(i)(A) The legislative body of a municipality may at any time terminate by
276majority vote a state of emergency declared by the chief executive officer of
277the municipality.
278(B) The legislative body of a county may at any time terminate by majority vote a
279state of emergency declared by the chief executive officer of the county.
280(ii) The legislative body of a municipality or county may by majority vote extend a
281state of emergency for a time period stated in the motion.
282(iii) If the legislative body of a municipality or county extends a state of emergency
283in accordance with this subsection, the state of emergency expires on the date
284designated by the legislative body in the motion.
285(iv) An action by a legislative body of a municipality or county to terminate a state of
286emergency as described in this Subsection (6)(b) is not subject to veto by the
287relevant chief executive officer.
288(c) Except as provided in Subsection (7), after a state of emergency expires in
289accordance with this Subsection (6), the chief executive officer may not declare a
290new state of emergency in response to the same disaster or occurrence as the expired
291state of emergency.
292   (7)(a) After a state of emergency expires in accordance with Subsection (6), the chief
293executive officer may declare a new state of emergency in response to the same
294disaster or occurrence as the expired state of emergency, if the chief executive officer
295finds that exigent circumstances exist.
296(b) A state of emergency declared in accordance with Subsection (7)(a) expires in
297accordance with Subsections (6)(a) and (b).
298(c) After a state of emergency declared in accordance with Subsection (7)(a) expires, the
299chief executive officer may not declare a new state of emergency in response to the
300same disaster or occurrence as the expired state of emergency, regardless of whether
301exigent circumstances exist.
302Section 5. Section 63G-16-102 is enacted to read:
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30363G-16-102 . International organizations -- Authority prohibited.
304  (1) As used in this section:
305      (a) "International directive" means a rule, resolution, tax, policy, or mandate issued by
306an international organization that purports to have the force and effect of law.
307      (b) "International organization" means the United Nations, the World Economic Forum,
308or the World Health Organization.
309      (c) "Local government" means the same as that term is defined in Section 63G-16-201.
310      (d) "State agency" means a department, commission, board, council, agency, institution,
311officer, corporation, fund, division, office, committee, authority, laboratory, library,
312unit, bureau, panel, or any other administrative unit of the state.
313  (2) An international organization does not have any power, jurisdiction, or legal authority in
314      the state.
315  (3) The state, a state agency, or local government may not implement or enforce an
316      international directive.
317Section 6. Effective Date.
318  This bill takes effect on May 6, 2026.
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