Legislative Updates - 23 January 2023

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Dear Friends:

This is GrassRoots’ first legislative update of this year’s General Session of the Utah State Legislature. We hope to be sending weekly updates on legislative happenings during the session, and will be concentrating on bills that we find to be friendly to the principles of limited, constitutional government on one hand, or, on the other hand, friendly to big, intrusive government. As you may know, the principles of GrassRoots are summarized as Limited Government, Constitution, Representative Government, Free Market Economy, Participatory Republic, Family, and Separation of Powers.

We would encourage and challenge you, if you see one or more bills that interest you, contact your representative and/or senator about it/them. We think they usually hear enough from paid lobbyists (some would say more than enough), but they may not hear enough from you.

At this time (one week into the session), there are about 420 numbered bills for this session on the Utah Legislature website, maybe about half of the bills that will be numbered by the end of the session which, under the Utah Constitution, will go for 45 days. Here are some bills and issues that we consider to be noteworthy.

Bills catching our attention

HB78, “Behavioral Health Treatment Access Amendments”, sponsored by Representative Eliason and Senator Plumb, would, subject to exceptions, require certain health benefit plans to: a) upon request of an enrollee who is a health care provider, offer a single case agreement for covered behavioral health treatment; and b) include certain terms in the single case agreement.

HB78 passed the House Business and Labor Committee 14-0 on Jan 19th, and awaits consideration by the full House.

Are the requirements of HB78 consistent with the principles of Free Market Economy and of Freedom of Association? Are the requirements of HB78 necessary to prevent fraud and-or misrepresentation between clients and health benefit plans? Or is this regulatory over-reach in matters that ought to be resolved by the various participants in a free market place? GrassRoots tentatively favors a “no” vote on HB78.

SB16Substitute, “Transgender Medical Treatments and Procedures Amendments”, sponsored by Senator Kennedy and Representative Hall, would, according to the bill’s long title:

• require the Department of Health and Human Services to conduct a systematic review of the medical evidence regarding hormonal transgender treatments and provide recommendations to the Legislature;
• require the Division of Professional Licensing to create a certification for providing hormonal transgender treatments;
• require a health care provider to meet certain requirements before providing a hormonal transgender treatment;
• prohibit a health care provider from providing a hormonal transgender treatment to patients who have not previously received a hormonal transgender treatment;
• prohibit performing sex characteristic surgical procedures on a minor for the purpose of effectuating a sex change;
• specify that a patient may bring a medical malpractice action for a hormonal transgender treatment;
• extend the medical malpractice statute of limitations for a hormonal transgender treatment that is provided to minors; and
• grant rulemaking authority.

SB16Substitute passed the Senate 21-7 on January 20th, and awaits action by the House.

There are several questions that ought to be considered in the debate over SB16Substitute:

• Is there Probable Cause to believe that hormonal transgender treatments are harmful or highly experimental? If so, then additional study, by one or more government entities, of the medical evidence on this topic, may be warranted.
• Is the creation of a “certification for providing hormonal transgender treatments” a proper insertion of government influence and regulation into the marketplace? If so, then is this properly done by an executive department (such as the Division
• of Professional Licensing), or would this power belong with the Legislature (see Utah State Constitution, Article V, Section 1)?
• Are various sex characteristic surgical procedures occurring in today’s marketplace harmful or highly experimental? If so, then legislative prohibition of of such procedures may be warranted—especially in the case of minors.
• Should patients suffering ill effects of highly experimental medical procedures be able to bring medical malpractice actions in our court system for recovery of damages? In cases involving fraud and-or negligence, especially in the case of minors, we would say “yes”.
• What is the nature of the rule-making powers granted by SB100Substitute? If there are any powers granted to an executive branch entity that are legislative in their nature, then this would seem contrary to the principle of Separation of Powers as expressed in Utah State Constitution, Article V, Section 1. If an executive branch entity is defining punishable “unprofessional conduct”, this would seem to be an exercise of legislative power by an executive branch entity.

The topics addressed in SB16Substitute are complex. We are open to the possibility that government regulation, and even prohibition, of various practices occurring in today’s marketplace, may be warranted. But we are also concerned about any proposals to expand the Administrative State by granting any legislative powers to any executive branch entity, contrary to our Constitution. Our study of SB16Substitute will continue. At this time GrassRoots takes no position on SB16Substitute.

SB19, “Medicaid Dental Waiver Amendments”, sponsored by Senator Vickers and Representative Eliason, would require the Department of Health and Human Services to request authorization to provide dental services to Medicaid-eligible adults not already eligible for dental services.

The Fiscal Note for SB19 estimates that the bill would increase Medicaid expenditures by $27 million in Fiscal Year (FY) 2024, and by $53 million in FY2025. Most of the funding for these added expenditures would come from “Federal Funds”.

SB19 passed the Senate 2nd reading 27-0 on January 20th, and awaits consideration on the Senate 3rd reading calendar.

Medicaid is one of the largest contributors to our massive $30 trillion national debt, to our high levels of taxation, and to the cancerous growth of entitlement mentality, at the same time that it appears to us not to be authorized under Article I, Section 8, or any other section of the United States Constitution. We would therefore urge the Legislature to work to phase out or phase down Medicaid, rather than to grow it even more. GrassRoots favors a “no” vote on SB19.

SB100Substitute, “School District Gender Identity Policies”, sponsored by Senator Weiler and Representative Gricius, would:

• require each school and each local governing board to ensure a parent's right to access information regarding the parent's child; and
• prohibit a school or local education agency from prohibiting a parent's access to information regarding the parent's child.

SB100Substitute also specifies that “Notwithstanding any other provision of law, a school or LEA [local education agency] may not . . . without written parental consent make changes to a student's education records or other information related to the child in the school's or LEA's possession regarding a student's gender identity that does not conform with the student's sex” (see lines 40-45).

SB100Substitute passed the Senate 22-6 on January 20th, and awaits action by the House.

To the extent that we have government school systems, we should exercise due diligence to ensure that these systems do not undermine families and parental control and influence in the upbringing of their children. GrassRoots favors a “yes” vote on SB100Substitute.

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

PS Do you want to contact a legislator? Go to le.utah.gov and click on “Legislators”.

Do you want to read and follow legislation yourself? Go to le.utah.gov and click on “2020 General Session Page” then click on “2020 Bills”.

Do you have other questions about how to effectively participate in the political process? Please contact us, and we will try to help as appropriate.

Do you have friends that would appreciate this legislative update? Please feel free to forward it to them.

Would you like to help us with review of legislation in a small or large way? Consider taking a special look at bills sponsored by your own representative or senator. Please contact us with your findings and/or with any questions we might be able to help you with.