Legislative Updates - 30 January 2023

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Dear Friends:

This is GrassRoots’ 2nd weekly legislative update of this year’s General Session of the Utah State Legislature. At this time (2 weeks into the session), there are about 500 numbered bills for this session on the Utah Legislature website. Here are some bills and issues that we consider to be noteworthy.

Dealing with Emergencies and Disasters

There are varying ideas on how government should deal with emergencies and disasters. One very prevalent idea was reportedly expressed by Rahm Emanuel (one-time chief of staff to President Obama) as follows: “You never want a serious crisis to go to waste.” A memorable Salt Lake Tribune editorial last year declared, “Were Utah a truly civilized place, the governor’s next move would be to find a way to mandate the kind of mass vaccination campaign we should have launched a year ago, going as far as to deploy the National Guard to ensure that people without proof of vaccination would not be allowed, well, anywhere” (The Salt Lake Tribune Editorial Board, “Utah leaders have surrendered to COVID pandemic”, Salt Lake Tribune, January 15th, 2022).

While we urge respect for the beliefs of the Salt Lake Tribune Editorial Board, we would also urge those who value human liberty not to follow the advice of said Editorial Board. Rather we should remember our country’s founding principles, stand for Rule of Law, respect human agency, and, ultimately, dismantle the many elements of the Administrative State that have attacked, are attacking, and appear likely to attack again, our liberties.

As we consider government’s role in preparing for various possible disasters and emergencies, here are some principles that, we believe, should guide our steps:

• Remember what government is: the organized use of force. The organized use of force can be helpful in various instances, but it is also inherently dangerous when wrongfully employed.
• People are not to be deprived of life, liberty, or property without due process of law. Nor shall their property be taken, or even damaged, for public use without just compensation. (See United States Constitution, Fifth Amendment. See also Utah State Constitution, Article I, Sections 7 and 22.) We should heavily rely on Families, Individual Freedom and Human Agency, and the Free Market Economy.
• Separation of Legislative, Executive, and Judicial Powers is to be maintained. Consider 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.” One tool of the Administrative State that has frequently been used against our liberties is the granting of rule-making powers (legislative in their nature) to executive branch entities.

Emergency and Disaster Bills catching our attention

HB150, “Emergency Water Shortages Amendments”, sponsored by Representative Albrecht, would:

• amend the powers of the Department of Agriculture and Food;
• address references to a revolving loan fund;
• address governmental immunity;
• enact the Water Preferences During Emergencies chapter, including: a) outlining the process for declaring a temporary water shortage emergency; b) addressing water use preferences under a temporary water shortage emergency; c) providing for compensation related to water use preferences; d) creating a revolving loan fund; and e) addressing rulemaking by the Department of Agriculture and Food;
• repeal existing statutes related to water preferences and a study.

While HB150 does not list any appropriation line items, the Fiscal Note states: “Enactment of this legislation could increase one-time General Fund transfers to the newly created Water Preference Compensation Fund by $10,000,000 in FY 2024. It's expected that the Department of Agriculture and Food would proportionately increase one-time expenditures from the newly created Water Preference Compensation Fund to compensate interrupted users in the case of a Temporary Water Shortage Emergency.”

HB150 awaits consideration by the House Natural Resources, Agriculture, and Environment Committee, and is scheduled as Item 6 on the agenda of that committee’s meeting at 2pm, Monday, January 30th, at 120 Senate Building.

Our study of HB150 and its various cross-references is incomplete. However, we are concerned that HB150 relies excessively, at least in the case of a gubernatorial declaration of “Temporary Water Shortage Emergency” (which may be declared for up to 6 months), on top-down executive decisions, rather than on Free Market Principles. Especially in the wake of our experience with “The Covid Emergency”, we should be ultra-cautious about any executive declarations of “Emergency” that tend to put legislative powers into executive hands.

We are also concerned that HB150 appears to increase rule-making powers of the Department of Agriculture and Food (an executive branch entity), likely contrary to Article V, Section 1 of our state constitution.

GrassRoots tentatively favors a “no” vote on HB150.

SB33Substitute, “Disaster Amendments”, sponsored by Senator Winterton, would:

• modify provisions related to the State Disaster Recovery Restricted Account, including to: a) allow for certain emergency management expenses under certain conditions; and b) provide funding for the Local Response, Recovery, and Post-disaster Mitigation Restricted Account;
• rename the Post Disaster and Mitigation Restricted Account as Local Response, Recovery, and Post-disaster Mitigation Restricted Account;
• modify the procedures and requirements for funds in the Local Response, Recovery, and Post-disaster Mitigation Restricted Account;
• modify standards and requirements for receiving a grant from funds originating from the Local Response, Recovery, and Post-disaster Mitigation Restricted Account; and
• grant rulemaking authority to the Division of Emergency Management.

SB33Substitute passed the Senate Economic Development and Workforce Services Committee 4-0 on January 25th, and awaits consideration on the Senate 2nd reading calendar.

Our study of this bill and its many cross-references is incomplete. However, we are concerned about the expansion of rule-making powers for the Division of Emergency Management, some of which appear to be legislative in their nature, and, therefore contrary to Utah State Constitution, Article V, Section 1. GrassRoots tentatively favors a “no” vote on SB33Substitute.

SB116, “Local Health Department Modifications”, sponsored by Senator Kennedy, would:

 
• remove the authority of a local health department to isolate or quarantine an individual; and
• allow a local health department to recommend that an individual isolate or quarantine.

SB116 awaits consideration by Senate Health and Human Services Committee.

In the wake of bureaucratic and executive abuse against individual rights during “The Covid Emergency”, these steps in SB116 appear prudent. GrassRoots favors a “yes” vote on SB116.

Updated status on bills covered in our last weekly update:

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. Additional coverage of SB19 may be found in our update of January 23rd.

SB19 passed the Senate 19-0 on January 23rd, and awaits consideration by the House Health and Human Services Committee.

GrassRoots still favors a “no” vote on SB19.

SB100Substitute was replaced by SB100Sub2, “School Gender Identity Policies”, sponsored by Senator Weiler and Representative Gricius, which would: 

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

Additional coverage of SB100Substitute (a prior version) may be found in our update of January 23rd.

SB100Sub2 passed the House Health and Human Services Committee 11-0 on January 27th, and awaits consideration by the full House.

GrassRoots favors a “yes” vote on SB100Sub2.

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”.

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