By USN Columnist Morgan Philpot / Apr 16, 2020

HB 3009 (link below) IS NOT HARMLESS, IT IS AN OFFENSE TO CIVIL LIBERTY AND STATE SOVEREIGNTY.

You may have heard that HB 3009 alters a few simple, harmless and particular points of the law. Don’t be deceived. HB 3009 has the power to put our communities into a continued state of fear and quasi-martial law.

***HB 3009 references UCA Title 53 Chapter 2a Emergency Management Act

***THEY ARE NOT COMPARABLE!

Nowhere in Utah Code can you now find an “Order of Constraint,” provision.

53-2a-206(1) allows a state of emergency by executive order of the governor NOT “Chief Executives”

Under sub(3) a state of emergency MAY NOT CONTINUE for longer than 30 days UNLESS extended by joint resolution of the Legislature, WHICH MAY ALSO terminate a state of emergency by joint resolution AT ANY TIME.

Under sub(6) DURING the EMERGENCY “the governor is commander in chief of the military forces of the state.” (In accordance with Utah Constitution Article VII, Section 4, and Title 39, Chapter 1, State Militia. See also UCA 39-1-8. Governor may proclaim martial law.)

As the law stands now, UCA 53-2a-205 BINDS the chief executive officer of each political subdivision of the state TO PROTECTING LIFE AND PROPERTY (NOT TO DEPRIVE IT!) when a state of emergency or local emergency has been declared, and may do so by carrying out measures ordered by the governor along with other measures SUBJECT TO THE LIMITATIONS of this part. THEY MAY NOT take action that is inconsistent with any order, rule, regulation, or action of the governor.

On the other hand, DUE PROCESS AND CONSTITUTIONAL RIGHTS DO NOT HOLD UNDER HB 3009.

HB 3009 Circumvents due process and constitutional procedures. It removes chains of command and accountability. It allows cities direct access to federal and outside private-aid along with the strings that come with that aid. It erodes state authority and sovereignty. It does not bind politicians down to protecting life and liberty.

IT ALLOWS chief executives of cities and counties to declare local emergencies (see 11-65-102(2)(a) and (4)) OUTSIDE OF THE traditional gubernatorial declaration of emergency made in accordance with Title 53, Chapter 2a, Emergency Management Act. It allows chief executives, under these emergencies, to USE FORCE AND COMPULSION without the same due process and safeguards that are now built into the current code:

Specifically, it allows them to ISOLATE, QUARANTINE and IMPRISON American Citizens. It authorizes, without DUE PROCESS, the exercise of control over individuals, “classes of individuals,” public places and allows them to close businesses, schools, public places and to restrict Constitutional rights of assembly and PROTEST! (See proposed bill 11-65-102(6)).

***HB 3009 has also been compared with UCA 26A-1-114

***THEY ARE NOT COMPARABLE and HB 3009 is not a “clarification” bill or a simple “recodification.”

Under 26A-1-114 a local health department may ENFORCE state laws, local ordinances, dept. rules, local dept. standards and regulations relating to public health and sanitation.

In keeping with the enforcement powers above, the local health department may, “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.”

ALL of these powers are SUBJECT TO DUE PROCESS!

Their jurisdiction is LIMITED, these health departments are Limited Purpose Entities (see UCA 67-1a-15) that “perform a single governmental function or limited governmental functions; and they are NOT “A STATE EXECUTIVE AGENCY,” “a state LEGISLATIVE OFFICE,” OR within “the JUDICIAL BRANCH.”

They cannot act unilaterally, and they have NO ‘MARTIAL’ or FORCE AUTHORITY! They have to call on the force and thereafter DUE PROCESS must be followed! This is an important and subtle distinction – they cannot order force and they cannot exercise force.

Utah Constitution Article I, Section 7 – “No person shall be deprived of life, liberty or property, without due process of law.”

On a Final Note: Utah Legislators; In light of your (hopefully ignorant and still unacceptable) march to Utah’s new Enabling Acts –(https://en.wikipedia.org/wiki/Enabling_Act_of_1933) I feel inclined to warn you that unless you start showing a true love for freedom and liberty, especially given these dire times, I will hereafter dedicate myself – along with anyone who will work beside me – to come into your districts, your communities and your neighborhoods and we will inform, educate and organize against you until every one of you, who is unable to stand for and understand liberty, is removed from office.

“If ye love… the tranquility of servitude better than the animating contest of freedom, go home from us…. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”

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