Legislative Updates - 3 March 2025

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Dear Friends:

This is GrassRoots’ 6th weekly legislative update on this year’s General Session of the Utah State Legislature. At this time (6 weeks into the session), there are about 960 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 this week

HB75Sub1, “Reauthorization of Administrative Rules”, sponsored by Representative Gricius and Senator McCay, would:

• allow the Rules Review and General Oversight Committee to delay the effective date of a proposed administrative rule; and
• reauthorize administrative rules.

HB75Sub1 passed the House Government Operations Committee 10-0 on February 28th, and awaits consideration by the full House. To the extent that executive branch entities are making any administrative rules that are legislative in their nature, this would appear to us to be a violation of Utah Constitution, Article V, Section 1, and the Legislature ought not to be authorizing such activity. (Said section says: “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.”) To the extent that executive branch entities are making any administrative rules that are executive in their nature, it would appear to us that the “authorization” for such rules belongs, not with the Legislature, but with the executive branch officer in whom the relevant executive power is constitutionally vested (typically the Governor (see Utah State Constitution, Article VII, Section 5)). As we say this, we are in no way questioning the propriety of the Legislature exercising oversight over the Executive Branch, including all administrative rules. But we do not believe a legislative “authorization” of administrative rules to be either necessary or proper. GrassRoots tentatively favors a “no” vote on HB75Sub1.

HB477, “School Trespass Amendments”, sponsored by Representative MacPherson and Senator Balderee, would:

• state that public comment in a local school board meeting that complies with certain restrictions may not be the basis for criminal trespass; and
• define and amend terms regarding criminal trespass upon school property, narrowing the scope of the property in question.

HB477 passed the House 49-19 on February 28th, and awaits consideration by the Senate Judiciary, Law Enforcement, and Criminal Justice Committee. We should ensure, to the best of our ability, that Freedom of Speech is respected. We believe HB477 is a helpful step in ensuring that people are not jailed or fined or otherwise harassed for making what they believe to be relevant comments at a local school board meeting. GrassRoots favors a “yes” vote on HB477.

Updated status on bills covered in past weekly updates:

HB474, “Regulatory Oversight Amendments”, sponsored by Representative Wilcox and Senator McCay, 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.) Additional coverage of HB474 may be found in our update of February 24th. HB474 passed the House 66-0 on February 27th, and awaits consideration by the Senate Business and Labor Committee. We continue to be skeptical of regulations put upon the people (including people trying to practice their occupation) by executive branch agencies, and believe that HB474 would give at least some welcome relief in this regard. GrassRoots still favors a “yes” vote on HB474.

*SB189Sub1, “Child Care Services Amendments”, sponsored by Senator Escamilla and Representative Lisonbee, replaced the original SB189, and would create the Child Care Capacity Expansion Act, and get the state more involved in the provision of child care. The fiscal note for SB189Sub1 estimates increased government spending of over $2 million in Fiscal Year 2026. Additional coverage of SB189 may be found in our updates of February 17th and February 24th. The original SB189 passed the Senate 17-7 on Feb 19th. SB189Sub1 replaced the original SB189, and then passed the House Business, Labor, and Commerce Committee 6-5 on February 25th, and is now in the House Rules Committee, probably due to fiscal impact. We do not believe the social planning and interference in the market economy envisioned by SB189Sub1 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 favors a “no” vote on SB189Sub1.

SB272, “Micro-education Entity Amendments”, sponsored by Senator Fillmore and Representative Thomas Peterson, 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.

Additional coverage of SB272 may be found in our update of February 24th. SB272 passed the Senate 21-6 on February 26th, and awaits consideration by the House Education Committee. 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 still favors a “yes” vote on SB272.

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”.

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