Utah Legislature can’t reach agreement on extending governor’s COVID-19 emergency orders

Spenser Heaps, Deseret News

SALT LAKE CITY — There apparently isn’t enough support in the Utah Legislature to extend or modify Gov. Gary Herbert’s emergency orders related to the ongoing COVID-19 pandemic that are set to expire Thursday, the same day lawmakers will meet in special session.

“This item is not ready for prime time,” Sen. Jake Anderegg, R-Lehi, the Senate chairman of the Legislature’s Political Subdivisions Interim Committee, said Wednesday. The committee had been set to discuss the action anticipated at the special session.

But Anderegg said between the Legislature’s Republican House and Senate leadership, and majority caucus members, “there is not support for modifications at this time nor is there support from the Legislature to extend the state of emergency.”

What’s lacking, the senator said, is a veto-proof majority.

That means it’s up to the governor whether to issue new versions of any or all of his executive orders, which include mandating that masks be worn in state government facilities. Lawmakers gave themselves the authority earlier this year to modify, repeal or extend such orders.

Anderegg said the state does not need an emergency order in place to spend federal coronavirus relief funds. Lawmakers are set to allocate the remaining $150 million sent to Utah on a long list of items, including improving state parks that have seen increased use.

The senator also said local government and school district emergency orders would not be affected, unless they were tied directly to those issued by the state. He said there might be an issue with some federal money going to the Utah National Guard, however.

The governor apparently had expected to reach an agreement to continue his emergency orders. His spokeswoman, Anna Lehnardt, said in response to Anderegg’s declaration, “we are working closely with the legislative leadership to identify the best path forward.”

But on Tuesday, Herbert’s office had issued a statement saying he “understands legislative leadership intends to keep an emergency declaration in place. This is a crucial step to guarantee that Utah can continue accessing federal resources to aid in the state’s COVID-19 response.”

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