Legislative Updates - 3 February 2025

<< All 2025 updates

Dear Friends:

This is GrassRoots’ 2nd weekly legislative update on this year’s General Session of the Utah State Legislature. At this time (2 weeks into the session), there are about 600 numbered bills for this session on the Utah Legislature website. Here are some bills and issues that we consider to be noteworthy.

Bills catching our attention

HB27, “Voting Precinct Amendments”, sponsored by Representative Dunnigan, would:

• increase, to 3,000 [from 1250 in current statute], the maximum allowable number of active voters in a voting precinct;
• subject to an exception, authorize the county clerk to adjust the boundaries of a voting precinct in order to: a) match the current boundaries of a local political subdivision; or b) match the resulting boundaries of a local subdivision that expands, divides, alters, or changes the local political subdivision's boundaries;
• require a county clerk who adjusts the boundaries of a voting precinct to: a) file a notice with the Utah Geospatial Resource Center at least 65 days before the date of an election; and b) provide a copy of the notice to the county legislative body; and
• prohibit a county clerk from adjusting a voting precinct's boundaries if the number of active voters in the resulting precinct is more than 3,000.

HB27 awaits consideration by the House Political Subdivisions Committee.

It is possible that there are some good provisions in this bill. However, we are concerned about the proposal to increase, from 1250 to 3000, the maximum allowable number of active voters in a voting precinct. This proposal appears to be another move toward abandoning local governance that is close to the local people, and away from in-person voting in which local election judges actually know and recognize most of the voters within the precinct.

In any cases in which there are local meetings of voters in a precinct, we believe that there is better opportunity for meaningful interaction among them, and less likelihood of meetings getting unwieldy, when the precinct has up to 1250 voters, as opposed to 3000. (One example is party caucus meetings, even if, admittedly, these are not government meetings.)

GrassRoots favors a “no” vote on HB27.

*HB33, “Child Welfare Reporting Amendments”, sponsored by Representative Watkins and Senator Johnson, would require the Division of Child and Family Services (DCFS) to notify law enforcement when the division determines that a person knowingly made a false report of child abuse or neglect.

HB33 passed the House 74-0 on Jan 31st, and awaits action by the Senate.

Those who would try to weaponize any of our government agencies against an innocent person should be brought to justice. DCFS should make criminal referrals when they determine that false accusations have been made knowingly. GrassRoots favors a “yes” vote on HB33.

HB50, “Occupational Safety and Health Amendments”, sponsored by Representative Dunnigan and Senator Ipson, would increase certain Utah Occupational Health and Safety civil penalties by 15-20%, in some cases up to $161K.

HB50 passed the House 73-0 on January 27th, and awaits consideration by the Senate Government Operations and Political Subdivisions Committee. It is currently scheduled as Item 3 on the agenda of the 2PM, Monday, February 3rd meeting of that committee to be held at 220 Senate Building.

It is conceivable that there may be cases in which a penalty for some violation is justified, and that various penalties might be due for an increase after the inflation that we have suffered. However, as we study the associated code on this subject, we are left with some questions. Can such punitive fines be imposed by an executive entity? (This would seem to us to be more properly a judicial function.) Can such punitive fines be imposed for violations of rules written by an executive entity, that were never codified by the Legislature? (This would seem to us to be an exercise of legislative powers by an executive entity.) Is the party being fined considered innocent until proven guilty? Does the associated code on this subject properly recognize, and hold inviolate, the accused party’s right to a jury trial?

Is the associated code fully consistent with Utah 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”? We do not believe it is.

If the associated code is not consistent with Article V, Section 1, then we believe it would be premature to increase the penalties for various “violations” thereunder. GrassRoots tentatively favors a “no” vote on HB50.

HB209Sub2, “Homeschool Amendments”, sponsored by Representative Peck and Senator McCay, would:

• clarify when a letter of intent to homeschool is required from parents;
• remove the requirement for parents to submit an affidavit for students who begin homeschooling at the start of an academic year;
• remove the requirement for parents to attest to criminal background history;
• establish procedures for local school boards to process letters of intent; and
• remove liability from local school boards after student unenrollment.

HB209Sub2 passed the House Education Committee 14-0 on Jan 28th, and awaits consideration by the full House.

Parents are ultimately responsible for the education and upbringing of their children. HB209Sub2, by removing certain requirements for home-schooling parents, would make Utah statute more consistent with this principle. GrassRoots favors a “yes” vote on HB209Sub2.

Updated status on bills covered in our last weekly update:

HB69Substitute, “Government Records and Information Amendments” was replaced by HB69Sub2. HB69Sub2 is sponsored by Representative Gricius and Senator Musselman, and would:

• amend provisions regarding the disclosure of voter history information;
• classify as private a record or information regarding whether a voter returned a ballot with postage attached;
• prohibit a government officer from accessing or using government records or information in a manner that is not related to a duty of the government officer;
• prohibit a government officer from accessing or using government records or information for a primarily personal purpose, unless the government officer gains access to the records or information in the same manner as a member of the public; and
• make it a crime (class B misdemeanor) to intentionally violate the provisions described in the preceding paragraph.

Additional coverage of HB69 (an earlier version) may be found in our update of January 27th.

HB69Sub2 passed the House 72-0 on Jan 29th, and awaits consideration by the Senate Government Operations and Political Subdivisions Committee. It is currently scheduled as Item 7 on the agenda of the 2PM, Monday, February 3rd meeting of that committee to be held at 220 Senate Building.

There appear to be fewer classifications of voter record information as private in the Sub2 version of this bill than in the earlier First Substitute version. In this way, the Sub2 version does not look as bad as the First Substitute version. However, we are still concerned about the classification of additional voter record information as private. In this age of increasing mass-mailing of ballots, and accompanying concerns about election integrity, we are, in principle, opposed to any steps that needlessly reduce transparency in any step of the process, including whether a voter returned a ballot with postage attached. (See one conceivable scenario below.)

Why is there a need to reduce election transparency in this way? Do people have a right to privacy about whether or not they push the cost of mailing their ballot onto the taxpayer? In our judgment, this is not a good justification for reduced transparency.

GrassRoots favors a “no” vote on HB69Sub2.

One conceivable scenario: Suppose a scenario in which there is a ballot box stuffing cartel, well hidden and undiscovered. Perhaps transparency to the public in the details of “how mailed ballots are returned” could lead to hints that there is a problem with the election system. Such a cartel certainly would not want to pay thousands of dollars in postage if they don’t have to. Hence, watching the patterns of how envelopes come in, stamped or not, could also be a clue to the integrity of an election.

HB81, “Fluoride Amendments”, was replaced by HB81Substitute. HB81Substitute is sponsored by Representative Gricius and Senator Cullimore, and would:

• prohibit adding fluoride to public water systems;
• allow a pharmacist to prescribe fluoride; and
• direct the Division of Professional Licensing to establish guidelines for prescribing fluoride.

Additional coverage of HB81 may be found in our update of January 27th.

HB81Substitute passed the House Natural Resources, Agriculture, and Environment Committee 10-3 on January 29th, and awaits consideration by the full House.

GrassRoots tentatively favors a “yes” vote on HB81Substitute.

SB38, “Manufacturing Modernization Grant Sunset Amendments”, sponsored by Senator Millner and Representative Jack, would extend the sunset date for the Manufacturing Modernization Grant Program by 3 years. Additional coverage of SB38 may be found in our update of January 27th.

SB38 passed the Senate 25-0 on Jan 22nd, and the House Economic Development and Workforce Services Committee 8-0 on Jan 28th, and is in the House Rules Committee, due to fiscal impact.

GrassRoots still favors a “no” vote on SB38.

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

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 “2025 General Session Page” then click on “2025 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.