Legislative Updates - 21 February 2022

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Dear Friends:

This is GrassRoots’ 5th legislative update of this year’s General Session of the Utah State Legislature. At this time (5 weeks into the session), there are about 730 numbered bills for this session posted on the Utah Legislature website. Here are some bills that we consider to be noteworthy.

Another bill catching our attention:

*HB11Sub2, “Student Athletics Participation”, sponsored by Representative Birkeland and Senator Bramble, would, according to the bill’s long title:

• condition student athlete participation in gender-designated sports in the public education system on the student's unamended birth certificate;
• establish the School Activity Eligibility Commission (commission) and provide the commission's membership and duties;
• requires the commission to establish a baseline range of students in a given gender-designated interscholastic activity for a given age;
• provide that records of the commission related to a specific student are protected;
• provide immunity from suit for members of the commission;
• allow a student to participate in a gender-designated interscholastic activity that does not correspond to the sex designation on the student's birth certificate or in the case of a gender transition if the student receives the commission's eligibility approval;
• provide processes for: a) an athletic association to notify the commission when a student registers to participate in a gender-designated sport in a situation that requires the commission's eligibility approval; b) the commission to receive information and evidence; c) the confidentiality of the proceedings, commission vote, eligibility determination, and student's identity; and d) the commission's considerations in rendering an eligibility determination;
• allow for commission meetings in which the commission discusses and votes on a specific student's request to be closed under the Open and Public Meetings Act;
• provide for reasonable accommodations in school facilities related to gender identity for students participating in interscholastic activities; and
• provide for severability.

The School Activity Eligibility Commission would consist of:

• two people of designated background or expertise appointed by the president of the Senate;
• two people of designated background or expertise appointed by the speaker of the House of Representatives;
• two people of designated background appointed by the governor; and
• one ad hoc member of designated background, serving on a case-by-case basis, appointed by the athletic association in which the relevant student's school competes.

HB11Sub2 passed the House 52-16 on Feb 16th, and awaits consideration by Senate Business and Labor Committee.

We do not have a problem with the Legislature conditioning student athlete participation in gender-designated sports in the public education system on the student's unamended birth certificate. But HB11Sub2 has substantial problems in the way it addresses possible exceptions to this standard:

It has become commonplace for the Legislature to delegate legislative powers elsewhere when it deems an issue “too difficult”. In this case, legislative powers are delegated to the School Activity Eligibility Commission. (See lines 231-242.) In this manner is Representative Government replaced with Government by the “Experts.”

Said commission then appears to exercise executive and even judicial powers in relation to the rules it has itself made. This appears to be a violation of the Separation of Powers principle and of the language and intent of Utah State Constitution, Article V, Section 1, which states: “The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.” (Additional discussion of this principle may be found in our update of January 31st, under the heading “The Administrative State and its annual renewal.”)

GrassRoots favors a “no” vote on HB11Sub2.

Updated status on bills covered in past weekly updates:

*HB32Substitute, “Health Care Worker Protection Amendments”, sponsored by Representative Spendlove and Senator Ipson, would enact enhanced penalties for assault or threat of violence against an owner, employee, or contractor of a health facility. Additional coverage of HB32Substitute may be found in our updates of February 7th and 14th.

HB32Substitute passed the House 56-16 on Feb 1st, and the Senate 25-0 on February 15th, and awaits action by the Governor.

We are still concerned that, contrary to the principle of Equal Treatment Under The Law, HB32Substitute appears to create another special class of people, and a criminal is said to deserve extra punishment for assaulting or threatening this special class of people. GrassRoots favors a veto of HB32Substitute by the Governor.

*HB200Substitute, “Medicaid Waiver for Medically Complex Children Amendments”, sponsored by Representative Eliason and Senator Bramble, would amend application, eligibility, treatment, and evaluation provisions for the Medicaid program for children with complex medical conditions. The latest fiscal note for HB200 indicates that the bill would increase state government spending by $7.9 million per year, so this looks like another Medicaid expansion. Additional coverage of HB200Substitute may be found in our update of February 14th.

HB200Substitute passed the House 71-0 on February 10th, and has been assigned to the Senate Health and Human Services Committee. It is currently scheduled as Item 9 on the agenda of the Tuesday, February 22nd, 8am meeting of that committee at 210 Senate Building.

GrassRoots still favors a “no” vote on HB200Substitute.

*HB261, “Civil Commitment Revisions”, sponsored by Representative Lyman and Senator Bramble, would include a physician assistant and nurse practitioner on the list of individuals who may evaluate an individual to be temporarily, involuntarily civilly committed to a local mental health authority. Additional coverage of HB261 may be found in our update of February 14th.

HB261 passed the House 69-0 on Feb 10th, and awaits consideration by the Senate Business and Labor Committee. It is currently scheduled as Item 4 on the agenda of the Tuesday, February 22nd, 8am meeting of that committee at 220 Senate Building.

GrassRoots still favors a “no” vote on HB261.

*SB49, “State Film Production Incentives Amendments”, sponsored by Senator Winterton and Representative Handy, would exempt certain rural film productions from limits on the total amount of refundable motion picture tax credit incentives the Governor's Office of Economic Opportunity may issue each fiscal year. Additional coverage of SB49 may be found in our updates of February 7th and 14th.

SB49 passed the Senate 20-7 on February 15th, and awaits consideration by the House Revenue and Taxation Committee.

GrassRoots still favors a “no” vote on SB49.

If you have any questions about these bills, GrassRoots’ position on these bills, or related matters, please contact either of us or any other member of the Board of Utah GrassRoots.

Sincerely,

Steve Stromness
Vice-Chairman, Bill Review Coordinator, Utah GrassRoots
steven.stromness@gmail.com
435-637-5248

Don Guymon
Chairman, Utah GrassRoots
donguymon@gmail.com
801-574-9461

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