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Senate approves 'Pandemic and Emergency Response Act' imposing governor notification and creating legislative response team
Summary
Senators approved a second substitute to House Bill 3,005 requiring 24-hour notification to a legislative pandemic response team for certain executive orders during an epidemic or pandemic and authorizing legislative review; supporters said it balances communication while critics warned about separation of powers and fast-tracked timing.
The Utah Senate voted to pass the second substitute of House Bill 3,005 on April 23, 2020, a measure that narrows when the governor must notify the legislature about executive actions taken during an epidemic or pandemic and creates a legislative pandemic response team.
Senator Vickers, the floor sponsor, described the substitute as narrowing the trigger for notification to actions during an epidemic or pandemic and creating a five-member legislative pandemic response team (the Speaker of the House, the President of the Senate, the majority and minority leaders of each chamber) to receive notification within 24 hours when the governor issues certain executive actions, rules, orders, or suspends or modifies statutes. "This notification would be 24 hours," Vickers said while explaining exceptions for imminent threats that require immediate action.
Supporters framed the bill as a way to preserve legislative oversight while allowing the governor to act quickly in emergencies; Senator Escamilla said it brings needed communication between branches and expressed support. Dissenting senators criticized the bill's timing in a special session and raised separation-of-powers concerns; a few members said they would have preferred more public vetting for a complex land-use or emergency governance change.
The clerk recorded the vote after senators explained their positions: the transcript shows the bill passed the Senate (floor tally reported as 27 ayes, 2 nays). The bill will return to the House for further action.
