Legislative Updates - 24 February 2025

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Dear Friends:

This is GrassRoots’ 5th weekly legislative update on this year’s General Session of the Utah State Legislature. At this time (5 weeks into the session), there are about 910 numbered bills for this session on the Utah Legislature website. Here are some bills and issues that we consider to be noteworthy.

Medicaid Expansion bills catching our attention:

Frequently when Medicaid is expanded in Utah, the burden falls in part on the US taxpayers, and partly on Utah taxpayers specifically. We do not believe this is an appropriate use of government force. And we do not believe Medicaid to be an authorized use of national government power under US Constitution, Article I, Section 8, or any other part of our constitution. GrassRoots opposes all of these proposals to expand Medicaid in Utah, and would prefer instead a tax cut, or a larger tax cut.

HB310Sub1, “Disability Coverage Amendments”, sponsored by Representative Dailey-Provost and Senator Escamilla, would:

• require the Department of Health and Human Services (department) to apply for a Medicaid waiver or state plan amendment to provide wraparound services to qualified individuals with a disability;
• require qualified individuals who receive services under the waiver or state plan amendment to make cost-sharing payments according to a sliding scale established by the department;
• specify certain percentages and maximum payment amounts for the sliding scale established by the department; and
• require the department to make rules.

The fiscal note for HB310Sub1 estimates additional expenditures to be $621K in Fiscal Year (FY) 2026, with $484K coming from “Federal Funds”. HB310Sub1 passed the House 66-5 on February 18th, and awaits consideration by the Senate Health and Human Services Committee, and is currently scheduled as Item 7 on the agenda of the Tuesday, February 25th, 8:45 AM meeting of that committee at 215 Senate Building. GrassRoots favors a “no” vote on HB310Sub1.

SB193Sub3, “Medicaid Provider Reimbursement Amendments”, sponsored by Senator Owens and Representative Fiefia, would:

• require the annual base budget to include a Medicaid rate increase for certain providers; and
• coordinate SB246, “Medicaid Reimbursement Rate Modifications”, and SB193, “Medicaid Provider Reimbursement Amendments” (this bill), to specify which bill should become law if both pass.

The fiscal note for SB193Sub3 estimates additional expenditures to be $23.4 million in FY2027, with $15.4 million coming from “Federal Funds”. SB193Sub3 passed the Senate 25-0 on Feb 19th, and awaits action by the House Rules Committee. GrassRoots favors a “no” vote on SB193Sub3.

SB246, “Medicaid Reimbursement Rate Modifications”, sponsored by Senator Weiler, would direct that the base budget include an annual appropriation to the Department of Health and Human Services to increase the fiscal year fee-for-service rates for services applying applied behavior analysis. The fiscal note for SB246 estimates additional expenditures to be $1.38 million in FY2027, with $0.87 million coming from “Federal Funds”. SB246 passed the Senate 2nd reading 26-0 on Feb 21st, and awaits consideration on the Senate 3rd reading calendar. GrassRoots favors a “no” vote on SB246.

SB284, “Medicaid Doula Services”, sponsored by Senator Escamilla and Representative Clancy, would:

• require the Department of Health and Human Services (department) to apply for a Medicaid state plan amendment authorizing coverage of doula services;
• require the department to develop the state plan amendment in consultation with certain stakeholders; and
• require the department to establish training and registration requirements for doulas providing services to Medicaid program enrollees.

The fiscal note for SB284 estimates additional expenditures to be $436K in FY2026 and $654K in FY2027, with $284K (FY2026) and $409K (FY2027) coming from “Federal Funds”. SB284 passed the Senate Health and Human Services Committee 4-0 on February 20th, and awaits consideration on the Senate 2nd reading calendar. GrassRoots favors a “no” vote on SB284.

Other bills catching our attention this week

HB274Sub3, “Water Amendments”, sponsored by Representative Snider and Senator McCay, would:

• provide circumstances of when a municipality may set different water rates based in part on water conservation;
• address special district fees;
• address rate setting by a retail water supplier and public water systems;
• provide for how revenues from retail rates may be spent;
• create a presumption regarding the reasonableness of certain water rates that include water conservation as an element in determining the rate;
• modify provisions related to the Board of Water Resources; and
• address tiered rates for secondary water.

HB274Sub3 passed the House 67-2 on February 19th, and awaits action by the Senate Rules Committee. In our preliminary study of HB274Sub3, we are concerned that this may be an inappropriate attempt at social engineering through discriminatory water pricing. GrassRoots tentatively favors a “no” vote on HB274Sub3.

HB474, “Regulatory Oversight Amendments”, sponsored by Representative Wilcox, would:

• provide circumstances when the Office of Professional Licensure Review (office) shall document and justify the office’s basis for the office’s decision resulting from the review of a regulation of an occupation;
• allow an individual to petition the office to repeal or modify any occupational regulation within the office’s jurisdiction;
• create a process for an individual to appeal the office’s decision after a request to repeal or modify; and
• provide a limit on the cost of implementing an agency generated rule.

Also, significantly, HB474 provides that “If the court enjoins enforcement of the challenged occupational regulation, the court may award reasonable attorney fees and costs to the plaintiff” (lines 167-168). (We would prefer that “may” be changed to “shall”, but we are still pleased to see this provision.) HB474 passed the House Business, Labor, and Commerce Committee 11-1 on February 21st, and awaits consideration by the full House. We continue to be skeptical of regulations put upon the people (including people trying to practice their occupation) by executive branch agencies. When this happens, this appears to us to be an effective exercise of legislative powers by the executive agency, contrary to 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.” HB474 does not fully correct this violation of Separation of Powers problem. But it does provide for individuals to be able to challenge various occupational regulations made by the executive agency. And (appropriately, we think), HB474 places some burden of proof for the challenged regulation on the executive agency. GrassRoots favors a “yes” vote on HB474.

SB272, “Micro-education Entity Amendments”, sponsored by Senator Fillmore, would:

• expand the types of facilities in which a micro-education entity or home-based microschool may operate by expanding the sets of occupancy requirements the facility may satisfy;
• remove certain square footage requirements; and
• exclude a micro-education entity or home-based microschool from a definition of “school” that subjects schools to certain administrative regulations.

SB272 passed the Senate Education Committee 5-1 on February 20th, and awaits consideration on the Senate 2nd reading calendar. When parents choose a micro-education entity or home-based microschool as the best educational option for their children, we would prefer that the state (and its political subdivisions) refrain from unwarranted regulations of these options. We believe that SB272 is a step in the right direction. GrassRoots favors a “yes” vote on SB272.

Updated status on bills covered in past weekly updates:

HB69Sub4, “Government Records and Information Amendments”, sponsored by Representative Gricius and Senator Musselman, would still:

• 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 for a “primarily personal purpose” (including “a political 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, with jail time up to 180 days) to intentionally violate the provisions described in the preceding paragraph.

Additional coverage of this and earlier versions of HB69 may be found in our updates of January 27th, February 3rd, February 10th, and February 17th. HB69Sub4 passed the Senate 27-0 on February 18th, and the House 54-18 on February 19th, and awaits action by the Governor. Our concerns spelled out in previous updates on the various versions of HB69 still stand with the final (Sub4) version. Especially, as we read lines 392-422, and lines 774-775 of HB69Sub4, we find that a government officer may be subjected to up to 180 days in prison (class B misdemeanor penalty) for accessing, using, copying, or releasing various public information. We consider this to be an abusive measure, and an unwarranted gag order, on government workers who may feel a need to reveal or highlight certain public information or even to serve as a whistleblower. GrassRoots would favor a veto of HB69Sub4 by the Governor.

SB189, “Child Care Services Amendments”, sponsored by Senator Escamilla, would create the Child Care Capacity Expansion Act, and get the state more involved in the provision of child care. The fiscal note for SB189 estimates increased government spending of over $2 million in Fiscal Year 2026. Additional coverage of SB189 may be found in our update of February 17th. SB189 passed the Senate 17-7 on Feb 19th, and awaits action by the House Rules Committee. We do not believe the social planning and interference in the market economy envisioned by SB189 to be a proper role of government. Provision for child care should be left to families and other actors in the private sector. We would prefer an additional $2 million tax cut, instead of this bill. GrassRoots still favors a “no” vote on SB189.

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

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