Review of Utah Legislative 2023 Session

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Tuesday, January 17, 2023, the day after Martin Luther King Day (Jan 16), the Utah Legislature opened the 2023 General Session. The Utah House took only 20 seconds to elect it Speaker – while the US House took 15 ballot and four days to elect theirs – keeping Brad Wilson while the Utah Senate kept President Adams as its leader. Newly elected members were sworn in and the work began on the budget and bills for 2023 and beyond.

By the opening day, the House had 220 bills and resolutions to consider and the Senate had already filed 111 more pieces of legislation, for a total of 331 of their normal 750 to 1000 pieces considered during an average six-week session. Of the 750 to 1000 bits of legislation, an average of 500-plus get through the maze of the legislative process and to the Governor’s desk for one of three options: 1) his signature, thereby becoming law; 2) his veto, thereby returning to the legislature for an attempt at a veto over-ride, or 3) becoming law without his signature. 

More bills are coming and will be added in the coming weeks. But, of the 311 under current consideration, more then 10% will be shepherded by the IAP leadership through the committee meetings, floor debate and public comments. These range from HB 21 (Open and Public Meeting Amendments by Rep. Joel Briscoe – R of Salt Lake County) through various election and voter modification and amendment bills (including HB 171 – Alternate Voting Method Modifications, by Rep Katy Hall – R from Davis and Weber County; which would repealthe Ranked Choice Voting Pilot project), to three different bills on abortions (each as a result of the Dobbs decision of the Supreme Court putting responsibility for abortions back to the states), to a couple of competing trans-gender surgery bills (one, SB 16 – Sex Change Surgical Procedures, by Sen. Mike Kennedy – R from No. Utah County would prohibit sex change surgery on minors but only ‘study’ the hormone therapy and chemical sterilization of minors for a future piece of legislation; versus HB 132 – Prohibition of Sex Transfer procedures on Minors, by Rep. Rex Shipp - R of Dist.71 from Iron County. [Check out our blog to see the story behind SB 16 becoming law and HB132 not.] which would have prohibited both surgery and the hormone or chemical sterilization of minors; to a regular couple of Second Amendment bills and the odd bill on GRAMA, to the highly controversial redesign of the State Flag (SB 31, proposed by Senator Dan McCay, R of Salt Lake and Utah Counties, and Rep. Mike Schultz, R of Davis and Weber Counties) … just to mention a few. 

Lots of fun and hot air are ahead of the 75 members of the Utah House and 29 members of the Utah Sente, not to mention a few hundred Utah citizens and lobbyists circling around Capitol Hill over their 45 days. 

WEEK TWO UPDATE

The unfortunate show of ‘leadership’ came at the expense of Rep. Rex Shipp during week two as both SB 16 and HB 132were both in the same House Committee and only one came out (SB 16). This was planned by the ‘leadership’ at the expense of Rep. Shipp. Pushing SB 16 out during the first week and delaying HB 132 until the second week was a planned and executed contingency. (see our website blog on the State Legislature) We will likely see other examples of such ‘leadership’ before the session ends in March.

SB 16 was signed into law along with HB 215 – the school voucher and teacher raise bill. Both were controversial in their own spheres. ACLU and National Lesbian League have already threatened lawsuits to go along with last year’s bill banning transgender girls in girl sports lawsuit.

“The bill (SB 16) was (amended) to remove a sunset date on the moratorium (of chemical and hormone treatments) and allow a child that changes their mind about treatment to turn around and sue a healthcare provider. It would also have an immediate effective date upon signature of the governor,” Ben Winslow of Fox13 News said of the issue in his report.

The other controversial bill (HB 215) which came out in the first week, and was signed at the end of the second week by the Governor, deals with vouchers for parents which take their children to other than public education schools (either private, charter or home schools) and was tied to teacher raises. The joining of the two issues (vouchers, called “scholarships” in the bill - but ‘a rose by any other name …’ and the teacher’s raises) was another clearly ‘bullying tactic’ to get support for the ‘vouchers.’

Teacher raises of $6000 to $8000 were dependent on the ‘scholarship’ (vouchers) being passed as a package. The ‘vouchers’ would target about 4200 low-income students, initially, and could be expanded down the road, if the program proves itself. The money from the ‘vouchers’ would be given to the parents to pay for specific ‘educational’ home-school items and/or tuition in private or charter schools. An additional bill came forth to allow the State Auditor to make sure the money goes where it is intended and to root out any corruption or mis-management of the program.

Also in week two, the redesign of the Utah Flag bill was introduced and began the run through the various House and Senate committees. What is your view of the newly proposed redesign of the State Flag? (Note: the star under the beehive was changed to a five-pointed star, with five peaks in the final version, see Photo Gallery)

WEEK THREE

Rail Safety Office

In Week Three the Legislature started down the path to create one more agency for the ever-expanding State Government. On February 7th the House Transportation Standing Committee passed HB 232 (Railroad Crossing Amendments, by Rep Cutler), HJR 16(Joint Resolution to Review Railroad Authority, by Rep. Wilcox), HB 51 (Railroad Right of Way Amendments, by Rep. Snider) and HB 63 (establishing an Office of Rail Safety, by Rep Schultz) all dealing with the railroads and rail safety. The Committee’s favorable recommendation sent these items to the House floor for further action (e.g., debate, amendments, three ‘readings,’ etc.).

This new department, of Rail Safety, will be part of the Utah Department of Transportation under the Executive Director with a Deputy Director and staff. However, none of these bills – including HB 63 – have any fiscal notes or money appropriated for this new entity. Hopefully they will have fiscal notes or something in the coming weeks before they get a ‘blank check’ and start running. 

The Joint Resolution, by Rep. Wilcox, calls upon the Federal Government to review the Railroad laws and how they impact the State of Utah urging Congress to “take necessary action to align federal laws related to railroads with the intent of the 10th Amendment to the United States Constitution.” That is at least hopeful if not helpful !! 

Setting up a ‘New’ Court

HB 216, from Rep. Brady Brammer and Sen. Kirk Cullimore, wants to establish a “Business and Chancery Court” in the State of Utah. This bill will appoint one judge, which will be at the same level as District Court judges, for actions dealing with business damages of at least $300,000 with claims arising from contract, fiduciary duty, disputes over internal affairs, sale, merger, or dissolution of a business, disputes over liability, etc., including blockchain disputes and “smart contracts” issues.

On Feb. 9th, this bill went before the Senate Judiciary Committee and it was passed out with a favorable recommendation to the Senate Floor for debate. 

Do we need another ‘specialized’ level of the judiciary in our state? One wonders if this expansion of the government is really warranted or just ‘wanted’ for the corporate revenue and prestige of ‘being like Maryland’? Are those ‘reasons’ or ‘justifications’?  

‘Water Week’

Week Three, to one legislator, was “Water Week’ according to Rep. Nelson Abbott. In his weekly newsletter about the session, he said, “This week the legislature celebrated Water Week. My colleagues and I are committed to passing policies that will increase water capacity, expand conservation efforts, prepare for future water needs, and enhance outreach efforts.”

He gives the following list of seven (7) bills to show the legislative efforts [but we included a little detail and some comment on each]:

SB 53 – Groundwater Use Amendments[deals with Groundwater Management Plans and recharging of an aquifer]

SB 76 – Water Amendments [“provides for a study; addresses grants for environmental improvement projects; requires certain municipal and county planning commissions to consult with the Division of Water Resources in development of general plans; addresses consultation with the Department of Agriculture and Food; requires notification of irrigation and canal companies in certain circumstances; requires counties to notify certain public water systems and request feedback on how elements of the general plan affect certain water planning; requires counties to consider planning for regionalization of public water systems; provides for action by the director of the Division of Drinking Water to establish regional source and storage minimum sizing standards or adjust system-specific sizing standards; provides what may be included in a water conservation plan; modifies requirements related to the Division of Water Resources making rules for regional water conservation goals; requires the Division of Water Resources to consult with watershed councils under certain circumstances; changes the membership of the Water Development Coordinating Council; directs the Water Development Coordinating Council to take actions related to the coordination of growth and conservation planning…”]

SB 118 – Water Efficient Landscaping Incentives [ “authorizes water conservancy districts to receive grants to provide incentives; provides conditions on when an owner may receive an incentive; addresses rulemaking authority; provides for certain liens upon removal of water efficient landscaping or conditions on incentives …”]

SB 144 – Water Instream Flow Amendments [ “allows for certain change applications related to delivery of water to reservoirs …”]

HB 150 – Emergency Water Shortages Amendments [“amends the powers of the Department of Agriculture and Food; provides for the use of money in the Agriculture Resource Development Fund for emergency water shortages loans; addresses governmental immunity; enacts the Water Preferences During Emergencies chapter, including: a) defining terms; b) providing for scope of the chapter; c) outlining the process for declaring a temporary water shortage emergency; d) addressing water use preferences under a temporary water shortage emergency; e) providing for compensation related to water use preferences; and f) addressing rulemaking by the Department of Agriculture and Food; and repeals existing statutes related to water preferences and a study …”]

HB 207 – Compact Commission Amendments [ “ addresses representation of the state related to compacts; amends provisions related to the Utah members of the Bear River Compact commission; amends provisions related to the Columbia Interstate Compact …‘ but it fails to address the Colorado River Compact which has been in the news recently ]

HB 307 – Utah Water Ways [“directs oversight of the creation of a partnership and the state's role in that partnership; outlines powers and duties of the partnership; addresses the selection of an executive director and board of directors; requires reporting; and addresses role of water supply entities.” It also appropriates “to the Department of Natural Resources - Water Resources, as a one-time appropriation: from the General Fund, One-time, $2,000,000; and to the Department of Natural Resources - Water Resources, as an ongoing appropriation”]

Rep. Abbott then stated the following: “Solving our water problems is very important right now because Utah is one of the fastest-growing and driest states in the country. As our population continues to row, so will the strains on our water supply. Managing our water to meet Utah’s needs requires a significant coordinated, statewide effort. Over the next several years, we will increase water capacity, expand conservation efforts, prepare for future water needs, and enhance outreach efforts.

“Since last year’s legislative session with bills and budgets focused on water, we’re already starting to see results:

- In 2022, Utahns conserved over 9 billion gallons of water, enough to fill Panguitch Lake. We will build upon last year’s policy success to encourage conservation and provide resources to help Utahns do their part to save water.

- For every $1 spent on agriculture optimization efforts in 2022, there was a $4.29 return, resulting in 174,000 acre feet of water saved.

“Statewide water storage is currently 32% of capacity, so we have a lot of work to do but I’m confident we will have success,” Abbott concluded. 

WEEK FOUR

While several controversial bills have already been debated and some even passed on to the Governor in the opening weeks, still several more came up in Week Four. Rep. Cheryl Acton (R- Dist 38, Salt Lake City) sponsored HB 281“Social Credit Score amendments,”  which “requires the Division of Consumer Protection to establish a system that allows a consumer to report a financial institution's or company's use of a social credit score; prohibits a governmental entity from using, enforcing, providing data for use in, or otherwise participating in the creation or use of a system that, based on a social credit score, discriminates against, advocates for, or causes adverse or preferential  treatment of a person…” This would short circuit the implementation of SEG scores in Utah, which would adversely effect/affect everyone in the state. And this bill passed and was sent to the Governor to become law before the end of week five.

Sen. Todd Weiler (R- Dist 8, Davis and Salt Lake Counties from Woods Cross) introduced SB 156 with the title of “Investigative Genetic Genealogy Modifications,” which he termed the ‘Sherry Black Bill.’ He called it after the cold case of the murder of Sherry Black because genetic investigation named the killer of Sherry and provided closure to Sherry’s family after a full decade of waiting and wondering. This bill “establishes requirements that a law enforcement agency is required to meet in order to: a) request an investigative genetic genealogy service or a genetic genealogy database utilization from a genetic genealogy company or the Bureau of Forensic Services; b) and obtain and process a third-party DNA specimen for information regarding the third-party individual's potential biological relatives;  as well as provides limitations on: a) arrests and charges based on certain types of genetic information; and b) uses of certain genetic information;  establishes procedural requirements for retention and destruction of certain types of genetic information; establishes remedies for certain law enforcement investigation violations;  establishes law enforcement reporting requirements for certain investigative genetic genealogy database utilizations; requires the State Commission on Criminal and Juvenile Justice to receive, compile, and publish data concerning certain law enforcement genetic genealogy utilizations; creates provisions concerning postconviction relief involving an investigative genetic genealogy service or a genetic genealogy database utilization … “ This bill passed and was sent to the Governor on March 1st.

Another interesting controversy came forward in a bill by Rep. Jordan Teuscher (R- Dist 44, Salt Lake County out of So. Jordan) HB 374 “ County Sheriff Amendments” attempting to abolish the Unified Police District in Salt Lake County and going back to a County Sheriff and municipal police agencies. Several townships testified that it would cause an undue hardship on their residents and budgets if they were to lose UPD coverage and have to install their own law enforcement agency from the ground up. This will continue to be an interesting discussion as it goes through the gauntlet of the legislative process. It made it through to the Sen. 2nd Reading Calendar and was sent to the Senate Rules Committee the last day of committee hearings, Feb. 28 and was in the Senate on the final day of the session.)

In a related area, HJR 10 a “Proposal to Amend Utah Constitution and allow for the Election of County Sheriffs” was proposed by Speaker Brad Wilson with Senate Pres. Adams, and a slew of co-sponsors. Wilson said the state constitution failed to address the election of County Sheriffs among the elected officers and he was seeking to add that office to the list in the state constitution. This bill flew right through (big surprise what with all that power behind it) and will be a Constitutional amendment we get to vote on, on the ballot in November.

Week Five 

Starting Week Five is the beginning of the ‘home stretch’ of the session, only nine legislative days are left. This was the Week of the Budget, as the day after the President’s Day holiday the final numbers of revenue projections were due. 

The Governor’s Budget for FY25 (our budget process is to appropriate budgets well ahead of the Fiscal Year they are for … we get to earn all that interest for the next year, don’t you see!) will be $28.2 Billion. The Fiscal Year we are in right now (FY23) was established is $25 Billion, set back in 2021. 

Of interesting note, the budget for 2000 was $6 Billion. In 2016 it grew to $14.6 Billion. Now it is $25 Billion and they want it to continue to grow to $29 Billion ?? Does it ever stop? So much for the GOP mantra of “LESS GOVERNMENT, FEWER TAXES” !!! But I get carried away … somewhat! However, “I ain’t wrong !!”

The Governor talked of a “tax cut” this year in his recommendation but will the legislature go along with it? We shall see by the end (we are still working on the budget review – it will come out soon.

Also this week, 78-page HB 101from Rep Judy Rohner, with Sub.1 (by Rep Mike Schultz) purports to be, according to the bill's title, “Food Sales Tax Amendments” ... but the first several hundred lines of the bill covers such diverse items as "800 service," "900 service," "alcohol beverages," “biomass energy,” etc. and none of them would we classify as 'food' or applicable to the title of the bill (Food Sales Tax). 

I'm sure Rep. Rohner knows the Utah Constitution says every bill has to have one subject and the substance of the bill has to be reflected in the bill's title (Section 22 of Article VI " “Except general appropriation bills and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title.” (emphasis added) Hm-m-m-m ?!!? Does that mean HB 215, too?? HB 215 had two subjects in the title and body … Hm-m-m!! 

Despite that, this bill passed and is on its way to the Governor. But realize that this only removes the State Portion of the Food Tax and there will still be the County/Municipal parts left on applicable foods. AND, it will only take effect IF the Constitutional Amendment removing the earmark from Income Tax for Educational funding passes in Nov. 2024. Does that sound like blackmail or bribery to you? 

This proclivity of the legislature to bully-ing people is more than disconcerting. Can you say ‘Tyranny?’ First they bullied the teachers and their organizations to not oppose the ‘vouchers’ to get the pay raises. NOW, they want the electorate to limit the Constitutional authority to fund education to get the Food Tax removed. Do you smell something here?? 

We have abhorred bullying in schools and in public BUT our legislature institutionalizes it UTAH CODE! WHAT!?! What have we wrought? 

Being a citizen lobbyist for 45 days of the 2023 Utah Legislature’s General Session is exhausting. They began with controversy and keep stirring the pot for the first week or two of the six-week session. They also saved some of the controversy for week five and six – when they can ‘sneak’ it through instead of suspending the rules and ramming them through on the final day and hours, as they have a habit to do in the past several years (e.g., Inland Port initial legislation, SB 54’s change of the election process, et al) 

 By the beginning of Week Four, the final group of bills and other legislation were released and put forward. The House totaled 567 numbered bills, 10 House Concurrent Resolutions, 28 House Joint Resolutions, and 4 House Resolutions. The Senate totaled 300 numbered bills, 9 Senate Concurrent Resolutions, 11 Senate Joint Resolutions, and four Senate Resolutions. Altogether, that gives the legislature 933 pieces of legislation to consider in 45 days, or six-week, session. That is an awful lot of reading, talking and considering – along with a little bit of ‘arm twisting’ and negotiation.

That makes at least 19 education bills, 10 Second amendment related pieces of legislation, six pieces regarding Constitutional Amendments, five about water issues, four about railroads, four abortion bills, three about tax issues, three about social media, two about open meetings, one about GRAMA, one about ‘social scores’ and one about changing the process of getting unclaimed property from the State Treasurers office. And the IAP leadership was tracking 97 bills through the process (70 House bills and bits of legislation plus 27 Senate pieces of legislation). But that doesn’t count the appropriation or budget bills in any of the above tallies.

Week Five & The $28 Billion Dollar Budget

 With the final days of Committee hearings winding down, several bills and resolutions were either considered in committees or were left in committee, where they ‘died in committee.’ Time ran out for several bills, but most moved on to their respective houses of the legislature for floor debate and action.

One bill which did pass, and was of interest to IAP and all citizens in the State, was SB 31, the bill about the State Flag. This bill passed on Thursday, March 2, with a mere 5 vote margin in the House (40-35), after having a 22-6-1 vote in the Senate earlier. So, we will have a new State Flag – effective date is March 2024 – and the historic flag – the traditional State Flag - will become a ‘ceremonial flag’ for Gov. Cox to use on special occasions … but citizens “can fly either,” they claim. Shortly after the session ended a referendum was filed with the Lt. Gov to put this idea on the ballot – at which time the clock started ticking! 

The new flag becomes the Blue-White-Red flag (which is the French Tri-Color and NOT the RED-WHITE-BLUE we pledge to and which was on the traditional flag). 

The traditional flag will become Gov. Cox’s ceremonial flag, flown on special and ceremonial occasions. But, we are assured, citizens will still be allowed to fly this flag on historic holidays and commemoration of Utah holidays (e.g. July 24th, etc.).

Several essential pieces of legislation are yet to be considered and debated in the session, the Budget and Appropriation bills have to be approved BEFORE the session closes at midnight on the 45thDay. Details of the Budget will be the main topic of next month’s Newsletter, so be sure to watch for that!

Regarding the budget, and of interesting note, the budget for 2000 was $6 Billion. In 2016 it grew to $14.6 Billion. Now it is $25 Billion and they want it to continue to grow to a whopping $29 Billion ?? Does it ever stop? So much for the GOP mantra of “LESS GOVERNMENT, FEWER TAXES” !!! But I get carried away … somewhat! 

The Final Five Days

 From February 27 to February 28 being the last two days of Committee hearings and the final three days (March 1 -3) are saved exclusively for floor debate and actions, as the Legislature is looking at winding down. Except the pressure literally takes-off for the final days … so many bills to pass, or not; so many citizen lobbyists harassing via email/texts/calls, and all the regular communications, too. All aimed at getting ‘all done’ by midnight, Friday, March 3rd. One almost feels sympathy for new legislators caught up in the pressure of the final moments … almost, as we realize they ARE getting paid to do this! (per diem, daily salary, perks – such as NBA tickets, ski passes, etc., from lobbyists, etc.) 

On the final day of the session (Feb. 3, Day 45) the Legislature had already passed over 430 piece of legislation with more than 25 already signed by the Governor. So, they only had about 500 pieces of legislation to go through in the final hours of the Session. Most of that 500 pieces will not make it through the final process, but it will be interesting to see what does get through. 

The Governor has until March 24 to sign, veto, or allow bills to pass into law without his signature. More next month folks as we look at the budget and the impacts of what has become ‘law’ during the last six weeks!

Summation

We ‘tracked’ over 165 bills this session, out of the 933 pieces of legislation put forward (of which 575 pieces passed). Two (2) were about Open Meetings, one (1) was amending GRAMA, 10 dealt with Second Amendment topics and issues, 19 touched on elections, three (3) played with taxes, three (3) were about railroad issues and safety, four (4) about abortions and another four (4) dealing with affordable housing in Utah, six (6) proposed Constitutional Amendments, and five (5) were about water issues. The Governor had already signed 26 before the session ended. He has 21 days to decide to sign, veto or allow them to become law without his signature; before March 24th.

Interestingly, of our ‘tracked bills’ 23 were passed before March came on (before the final three days of the session, when committee hearings were held and before full-time, all-day floor sessions took over). Forty-four (44) were passed in the final three days, and 35 were not passed but died on the vine. And the 66 resolutions proposed are equally interesting. There were 24 from the Senate and 42 from the House. From those, 18 were passed before March, 18 passed in the last three days, and 29 did not pass at all.

Our evaluation of the 2023 General Session of the Utah Legislature does not jive with the Speaker of the House, Brad Wilson’s, summation, when he said “This session was the most consequential of any session in years, if not in our history.” 

We cringe at that estimation because he knows more of the behind the scenes and intent for the way things were done and why. We see a new tactic of literal ‘bullying’ becoming part of the tool box for the legislature and administration of Utah! We see manipulation and skullduggery becoming more prevalent and obvious. We see Utah headed down the ‘Progressive’ Pathway to Socialism, or worse -- State sponsored Facism (Inland Port getting into the private enterprise-government sponsored ‘bed;’ more socialist tendencies of Health-care, medicine, big-pharma, etc., et al); while throwing crumbs to the conservative side of the State and pissing-off the liberals in the State! If that is what you want, then Yes (!) … “This session was the most consequential of any session … in [infamous] history(!!)” And that is going some in this state’s history!!

OUR overall grade for the 2023 Session is a very solid “D-“ for the efforts already mentioned and for the following Good and BAD bills – enumerated below. One applauds the dedication and the ‘daily grind’ of working through 45-days of long schedules and months of preparation beforehand. (Except, they ARE getting paid by taxpayer dollars for those efforts, over and above their normal salary and benefits.)  Still, the hope rings in all of our hearts for better results and fewer BAD Billsthen the Good variety.

Good Bills

While we do not agree with the sentiment the way Speaker Wilson and other leadership intend the statemen (just mentioned above), we do believe much good came from the session, but perhaps not with the same examples the leadership would offer.

Among our nominees for “Good Bills” are SB 16, Sen Mike Kennedy’s controversial bill “Transgender Medical Treatments and Procedures Amendments” (Sen Kennedy is R-Dist. 21, Utah County, from Alpine; with floor sponsor Rep. Katy Hall is R-Dist. 11, Davis and Weber, from Salt Lake City). It became very controversial when Equality Utah came out in force to protest and tried to support Transgender surgeries, cross-sex hormone treatments and use of puberty blockers for both male and female minors. The bill “… prohibits performing sex characteristic surgical procedures on a minor for the purpose of effectuating a sex change; … prohibits a health care provider from providing a hormonal transgender treatment to new patients who were not diagnosed with gender dysphoria before a certain date; … requires the Division of Professional Licensing to create a certification for providing hormonal transgender treatments; requires a health care provider to meet certain requirements before providing a hormonal transgender treatment …”. 

As one can see from the intent of the bill, this is targeted to prohibit transgender treatments and procedures on minors – those under age 18. Why Equality Utah was so adamant about the bill causes one to wonder! 

Another ‘Good” one is HB 179 “Founders and Constitution Recognition” from Rep. Keven Stratton (R- Dist. 58, Utah, from Orem) and floor sponsor Sen. Ron Winterton (R- Dist 20, Duchesne, Wasatch, Summit, Uintah counties, from Roosevelt) – two legislators I wouldn’t have expected a bill like this to come from. This bill … “designates the month of September as American Founders Month; and describes the purpose of Constitution Day” in Utah. It specifically sets aside September 17, Constitution Day, “…  to invite all Utah adults and Utah school children to read directly from the United States Constitution and other primary sources, and for students to be taught principles from the United States Constitution that include federalism, checks and balances, separation of powers, popular sovereignty, limited government, and the necessary and proper, commerce, and supremacy clauses …”. We would hope they would get the ‘proper’ instruction those Constitutional Principles an clauses, rather than the Hamiltonian or ‘Woke’ interpretations of them, an important tool for all citizens.

Similar “Good Bills” are:  

HB 131  “Vaccine Passport Prohibition” from Rep Walt Brooks (R-Dist. 75, Washington County, from St. George) and Floor Sponsor Sen. Mike Kennedy (R-Dist. 21, Utah County, from Alpine) passed, and prohibit vaccine passports. There are some significant exceptions that include health care workers and government employees.

HB 253 “Federalism Commission Amendments” from Rep. Ken Ivory (R-Dist. 39 – Salt Lake County, from West Jordan) “… requires the Federalism Commission to provide an annual report to each interim committee; allows the Federalism Commission to notify an interim committee of a federal law or action that implicates the principles of federalism or state sovereignty …”  While it allows the UVU Federalism Tracker to be provided to Interim Committees, it also provides the public a look-see

HB 281 “Social Credit Score Amendments” from Rep. Cheryl Acton (R-Dist. 38 – Salt lake County, from Salt Lake City) which “… requires the Division of Consumer Protection to establish a system that allows a consumer to report a financial institution's or company's use of a social credit score; prohibits a governmental entity from using, enforcing, providing data for use in, or otherwise participating in the creation or use of a system that, based on a social credit score, discriminates against, advocates for, or causes adverse or preferential treatment of a person.” 

HB 374 “County Sheriff Amendments” from Rep. Jordon Teuscher (R-Dist. 44, Salt Lake County, from South Jordan) it amends and “… establishes a repeal date for provisions governing the content of interlocal agreements for law enforcement services involving a county; and establishes a repeal date for provisions governing the role of a sheriff in police local districts and police interlocal entities.” Specifically, it eliminates the Unified Police Department option for Fistrst Class Counties and goes back to the County Sheriff and municipal police agencies. 

HB 427 “Individual Freedom in Education” from Rep. Tim Jimenez (R-Dist. 20, Tooele County, from Tooele City) Passed and  “…broadens a provision regarding prayer or religious devotionals; requires the State Board of Education (state board), local education agencies (LEAs), and staff to ensure that instructional materials and classroom instruction are consistent with certain principles; prohibits the state board, LEAs, and staff from: allowing the use of instructional materials and classroom instruction that are inconsistent with certain principles; or adopting policies that are inconsistent with certain principles; prohibits the state board and the State Instructional Materials Commission from recommending instructional materials that are inconsistent with certain principles;”. And prohibits the teaching of Critical Race Theory in Utah schools by saying: (in lines 87- 105)    87 … consistent with the    88     following principles of individual freedom:
89          (i) the principle that all individuals are equal before the law and have  [inalienable]
89a     unalienable
90     rights; and
91          (ii) the following principles of individual freedom:
92          (A) that no individual is inherently racist, sexist, or oppressive, whether consciously or
93     unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;
94          (B) that no race is inherently superior or inferior to another race;
95          (C) that no person should be subject to discrimination or adverse treatment solely or
96     partly on the basis of the individual's race, color, national origin, religion, disability, sex, or
97     sexual orientation;
98          (D) that meritocracy or character traits, including hard work ethic, are not racist nor
99     associated with or inconsistent with any racial or ethnic group; and
100          (E) that an individual, by virtue of the individual's race or sex, does not bear
101     responsibility for actions that other members of the same race or sex committed in the past
102     or present.
103          (b) Nothing in this section prohibits instruction regarding race, color, national origin,
104     religion, disability, or sex in a manner that is consistent with the principles described in
105     Subsection (2)(a).

SB 55 “Public School Instruction Materials” sponsored by Sen. Lincoln Fillmore (R-Dist. 17, Salt Lake County, from So. Jordan) and Floor Sponsor Rep. Mellissa Ballard (R- Dist.20, Davis County, from Salt Lake City) and requires notification of digital curriculum updates to schools and teachers – also needs to notify students and parents of students! 

SB 100 “School Gender Identity Policies” authored by Sen. Todd Weiler (R-Dist. 8, for Davis and Salt Lake Counties, from Woods Cross) and Floor Sponsor Rep. Stephanie Gricius (R-Dist. 50, for Utah Co. from Salt Lake City). This bill enacts provisions ensuring a parent's access to information related to a parent's child, including gender identity. It Passed and prohibits a school hiding records from a parent about their child transitioning and gender issues.

SB 116 “Local Health Department Modifications” form Sen Mike Kennedy (R-Dist. 21, Utah County, from Alpine). The bill “…removes the authority of a local health department to isolate or quarantine an individual; and allows a local health department to recommend that an individual isolate or quarantine.”

SB 171 “Health Care Provider's Liability Amendments” from Sen. Kirk Cullimore (R- Dist. 19, Salt Lake County, from Sandy) and Floor Sponsor Rep. Kerrianne Lissonbee (R- Dist. 14, Davis County, from Clearfield); which “…modifies the duty of care, under certain circumstances, for a health care provider who deviates from medical norms or established practices; prohibits the Division of Professional Licensing from sanctioning a health care provider's license for deviating from medical norms or established practices under certain circumstances; allows a health care provider who deviates from medical norms or established practices to advertise if certain criteria are met …”. Simply put, the bill allows patients and doctors to use medications off label with patient consent.

SB 227 “School Board Ethics Complaint Investigations” from Sen Curt Bramble (R-Dist. 24, for Utah and part of Wasatch Counties, from Provo) and Floor Sponsor Rep. Candice Pierruci (R-Dist. 49, for Salt Lake County, from Harriman) This bill passed and addresses the process for an ethics complaint regarding a local school board member.

 “Election Bills, a mixed lot”

 This session of the Legislature brought forth 19 bills dealing with points of election law … and they still didn’t cover everything we wanted. For example, HB 171 didn’t pass, which would have eliminated Rank Choice Voting – which would see as a good thing! This bill came from a newly electd Representative (Katy Hall, R- Dist. 11, Davis, Weber Counties, from Salt Lake City). Or, HB 155 which would have provided for a third-party independent audit of elections, put forth by Rep Phil Lyman (R-Dist 69, Beaver, Garfield, Kane, Piute, San Juan, Sevier, Wayne, from Blanding) if it had passed, but it died in committee. 

Five of the best of the election bills which passed included:

HB 69 “Election Modifications” by Rep. Calvin Musselman (R- Dist. 9, Weber County) and Floor Sponsor Sen. David Buxton (R- Dist. 4, Davis and Weber Counties) which took 56 pages to detail how it “ …  authorizes a municipal clerk and the lieutenant governor to receive a voter registration form; for a voter that changes party affiliation or becomes unaffiliated from a political party, modifies the day the voter can vote in a regular primary or presidential primary election; establishes consistent deadlines for various election-related notices; modifies the frequency of the lieutenant governor's audit report of the voter registration database; modifies the requirements for a printed ballot for municipal primary elections; eliminates the requirement to include a ballot proposition insert with an official ballot if the information appearing on the insert is printed on the ballot; defines the term "filing officer" to include a state school board; specifies the time the filing period begins for a declaration of candidacy; requires an election official to notify an opposing candidate and voters when a candidate for elective office is disqualified or withdraws; requires a filing officer to notify a candidate if the candidate fails to make a conflict-of-interest disclosure …”.

HB 269 “Election Audit Requirements” sponsored by Rep. Mike Schultz (R- Dist. 12, Davis and Weber, from Hooper) and Floor Sponsor Sen. Daniel McCay (R- Dist.18, Salt Lake County, from Salt Lake City). This bill came after the 2022 Election Audit results were presented to the Legislature and includes some of the audit’s recommendation, as this version  “… requires and addresses a biennial audit of elections, conducted by the Office of the Legislative Auditor General (office); requires the office to conduct a biennial audit of elections and related processes throughout the state that includes regular primary elections and regular general elections; describes the conduct and scope of the audit; addresses the office's authority and access to records, facilities, and equipment to enable the office to conduct the audit; requires compliance by government officials and employees in relation to the audit; preserves the right to a secret ballot …” 

HB 162 “Voter Accessibility Amendments” from Rep. Matthew Gwynn (R-Dist. 6, Box Elder, Weber Counties, from Farr West) and Floor Sponsor Sen. Stephanie Pitcher (R- Dist.14, Salt Lake County, from Salt Lake City) that “… requires an election officer to provide an accessible voting option for a voter with a disability; requires the director of elections to make rules regarding identity verification for individuals who are unable to sign their name consistently due to a disability; requires that election notices include instructions on how a voter with a disability may obtain information on voting in an accessible manner …” This is a needed and good addition to Utah Code 20.

HB 303 “Election Record Amendments” by Rep. Norman Thurston (R-Dist. 62, Utah County, from Provo) and Floor Sponsor Sen. Jacob Anderegg (R- Dist. 22, Salt Lake County, from Lehi). This bill “… provides that certain non-identifying information from a withheld voter registration record be provided to political parties and candidates, to be used for a political purpose; in relation to the provision of information described in the preceding paragraph: provides for a plan to provide notice to affected voters; and provides penalties for obtaining, providing, or using the information in a manner that is prohibited by law; modifies the form used to request additional privacy protection to be consistent with the changes made in this bill; addresses the disclosure of certain information relating to a voter whose ballot is rejected …” A potentially positive one, we hope! (But then it was run by Provo’s Rep Thurston – and even a broken clock is correct twice a day … right?)

HB 448 “Election Changes” sponsored by Rep. Cory Maloy (R-Dist. 52, Utah County, from Lehi) and Floor Sponsor Sen. Mike Kennedy (R-Dist. 21, Utah County, from Alpine) and the bill “… modifies and describes the supervisory and oversight authority of the lieutenant governor over elections; describes the duties of a clerk in relation to elections; provides the lieutenant governor with access to records, facilities, equipment, staff, and meetings to assist the lieutenant governor in fulfilling the supervisory and oversight authority described above; provides a process and method for the lieutenant governor to enforce compliance with the provisions of election law; requires the lieutenant governor to provide, and certain election administrators and employees to complete, training relating to conducting elections; addresses requirements for audits of election processes; modifies publication dates for certain ballot statistics; requires certain studies relating to elections; grants rulemaking authority to the lieutenant governor in relation to: training; audits; maintaining and updating the statewide voter registration system and database; conducting elections; signature comparison and verification; alternative methods of identity verification; and chain of custody and ballot reconciliation; modifies provisions relating to the statewide voter registration system and database, including requirements relating to maintenance and updates; establishes requirements to ensure accessibility of the election system in relation to a person with a disability; modifies ballot curing requirements; enacts ballot chain of custody and reconciliation requirements; establishes requirements relating to election records and election security; requires uniformity of certain election processes and records …” 

This bill (HB 448) is comprehensive and full of changes. It seems to want to put the Election Division of the Lt Gov Office into a bit of a narrow channel by enumerating the duties of supervison and oversight, as well as other areas – more enumeration than expansion of authority, we hope.

SB 17 “ Voting and Voter Residency Amendments” from Sen. Daniel thatcher (R- Dist. 11, Salt Lake and Tooele Counties, from West Valley City) and Floor Sponsor Rep. Calvin Musselman (R-Dist. 9, Weber County, from West Haven) which “amends and clarifies provisions for determining residency; establishes standards and requirements for determining residency; addresses evidence of residency and challenges to residency; modifies provisions relating to uniformed and overseas voters to comply with federal law and certain provisions of state law; and clarify the races for which, and the types of ballots which, certain overseas voters may vote …”  There was a small issue in the 2020 Gubernatorial race over one candidate not fitting within the residency requirements, so this was a needed refinement.  

Now to the other side of the coin …. 

‘BAD Bills’

Among the “Bad Bills” the State Legislature considered were SB 241 “Inland Port Amendments” and SB 245 “Closed Public Meetings.”  SB 245 is by one of my favorite State Senators, Curt Bramble – the infamous author of SB 54 which changed the Convention/Caucus system in Utah!

SB 241 “Inland Port Amendments”  --   (Continued on Utah Issues page 2)  to the Right  ------->

[NOTE:  illustrations were not copied but will be available in the Gallary]