HAPPENINGS ON THE HILL
MAY/JUNE INTERIM MEETINGS 2024
SPECIAL SESSION JUNE 2024
Legislative Action Corps
The Legislative Action Corps of the LWVUT follows committees during the Legislative Interim to keep our membership informed so we can work together to influence public policy. Interim Committees received reports about the effects of previous legislation and considered potential legislation for the 2025 Legislative Session.
LAC presents these highlights without taking a position on the issues in recognition that only our Utah League Board may apply LWVUS positions to state issues and determine whether member action makes sense in terms of timing, need, and effectiveness. Individual members are always encouraged to make their voices heard.
A special thanks to all LAC members who contributed to this report!
Overview: Special Session of the Utah Legislature
In its Senate Overview of the Special Session, the Utah Legislature took the position that many challenges Utah has faced in the past few years stem from unconstitutional actions taken by federal agencies that bypass congressional approval. The June 2024 Special Session largely focused on issues related to federal overreach and state sovereignty.
Resolutions Related to New Title IX Regulations
Recent revisions to Title IX regulations by the U.S. Department of Education were characterized by the Legislature as “unconstitutional” and an “attempt to simplify a complex issue with far-reaching consequences that go directly against state and federal laws.” As stated in the Overview of the Special Session, “Title IX has been instrumental in promoting fairness and equal opportunities for women for over 50 years. After these changes were announced, the Utah State Board of Education unanimously voted to request the Legislature provide direction and clarity to the federal government’s unilateral rule.”
In response, the Legislature used its framework established in the 2024 Legislature Session to pass H.J.R. 301 and H.C.R. 301 during the Special Session in June. H.J.R. 301 and H.C.R. 301 affirm “Utah’s sovereign authority to safeguard the prosperity and welfare of Utahns and direct relevant state and local entities to adhere to state law rather than the new unconstitutional federal regulations if conflicts arise.”
Bill Related to Intermountain Power Plant
The Utah Legislature passed S.B. 161, Energy Security Amendments, during the 2024 General Session, as the Legislature sought to keep Intermountain Power Plant (IPP) operating by characterizing it as a reliable energy source for the state. The Legislature recognizes that to keep the power plant running it would need to address concerns related to deadlines and requirements for receiving air permits. As a result, the Legislature passed H.B. 3004, Energy Security Amendments, during the Special Session in June to adjust the deadlines and parameters for receiving air permits to keep the plant open.
Public Lands
The Legislature addressed concerns it had about duplication and overlap in the funds appropriated to public lands and fighting federal overreach. In response, the Legislature passed H.B. 3002, Public Lands Funding Amendments, which seeks to consolidate public lands management funds. The Legislature renamed the account housing funds for public lands as the Federal Overreach Restriction Account. Funds from this account are to be used to educate the public on federalism and state sovereignty.
School District Creation
The Legislature attempted in the 2024 session to streamline and clarify the process for creating new school districts, but had not anticipated the possibility of multiple, competing proposals on a ballot in the same year. Several possibilities for splitting the Alpine School District, as proposed by several interlocal, municipal agreements, could have been on an upcoming ballot. In an effort to clean up recent legislation, the Legislature passed H.B. 3003, School District Amendments, which “repeals a process that allows a local school board to propose a new district and clarifies that a municipality can only participate in one proposal per ballot.” The bill intends to provide a clear, fair, and defined process for creating new school districts.
Clarifying Sunset and Repeal Dates
The Legislature asserted in its special session that some sunset and repeal provisions in Utah Code did not conform with legislative drafting standards and unnecessarily complicated bill and data management processes. To address this matter, the Legislature passed H.B. 3005, Sunset Repeal Date Code Corrections.
An analysis of the legislation passed in the June 2024 Special Session, as provided by the Utah Legislature, may be found here: Analysis of Special Session Legislation
Interim Committee Meeting Reports
May 14, 2024
Legislative Water Development Commission
In addition to a few legislators, this commission includes representatives of the water community such as bureaucrats, lawyers, and lobbyists. However, only legislators vote on bill recommendations. Although repetitive of Natural Resource, Agriculture, and Environment Committee presentations, meetings of this commission can be valuable for understanding legislators’ positions, hearing from water experts, and watching the interaction between legislators and water experts.
Grand County Water and Sewer Manager, Ben Musselman won the commission’s support for a project to reinstate a pipeline from the Green River to the Crescent Junction and Thompson Spring areas. The water right and pipeline to Thompson Springs originally belonged to the railroad for servicing steam trains. When these trains became extinct, the water right was given to Grand County. It was mentioned but not explained that this water could, in the future, be important to the Department of Energy.
The commission’s recommendation came after much discussion which included the tailings removal project. Three questions were the focus of discussion:
Is dispersed development a good idea for Grand County?
The radioactive tailings are sequestered somewhere near Crescent Junction. Is it safe for the area to grow?
What would the Department of Defense use the water for, especially since growth would have consumed it? (Would this go to the Lavender Valley mining project?)
May 15, 2024
Judiciary Interim Committee Meeting
Study Items
The Judiciary Interim Committee will be studying the following items during 2024:
Victim Services
Division of Child and Family Services
Prosecutorial Initiated Resentencing, Bail and Pretrial Release, High Frequency Offenders
Parental Contact Protection
Commission on Criminal and Juvenile Justice (CCJJ) Interviews
Administrative Law Judges
Offender Management.
Sunset Review of Limitations on Employer Liability
Sen. D. Owens requests removal of the sunset of S.B. 95 (2022). This bill limits employers’ liability, except for negligence, when hiring persons with a felony on their record. This law has made it easier for convicted felons to obtain employment and has led to reduced recidivism. The committee passed a motion to open a bill file to look at the entirety of limitations on employer liability. The motion to open the bill file to remove the sunset also passed.
May 15, 2024
Government Operations Interim Committee
The committee adopted a slew of study items for interim, saying that they beat all the other interim committees in opening bill files. “The more, the better,” Sen. Daniel Thatcher said. In addition to purchasing and procurement issues, the items below are of interest to the LWVUT.
Ballots From Utah Post Offices Utah Code Section 20A-6-108
This section requires an election officer to ensure that, when the bulk of ballots are initially mailed to voters, the ballots are mailed from a location in Utah. The United States Postal Service processing center for southern Utah was relocated from Provo to Las Vegas, which has had the effect of ballots being mailed from outside of Utah. The committee will consider whether to allow ballots to be mailed from outside of Utah if the processing center assigned by the post office is located outside of Utah.
County clerks said some jurisdictions were having ballots printed and mailed outside of Utah, causing some delays. The federal government surprised Utah by changing the distribution hub to Las Vegas. A major issue came up when vendors were sending ballots in bulk to far-flung places. That has stopped, and code was also changed to allow ballots to come from the nearest processing center. The problem impacts mostly five counties with the prefix 847. There is nothing the legislature can do, and this may cause some delays.
Availability of Election Documents
The committee will examine and discuss which election-related documents should be sealed after an election and which should be made available to election officials for research purposes and study of election processes.
Rep. N. Thurston is preparing a bill to “modernize” the system, which presumed that only hard-copy documents were available and therefore should be securely stored. Also, it’s difficult to get original documents for research purposes (how many straight-party votes there are, how many split ballots, in which districts, etc.).
Someone from Bolder Way Forward testified that the group is interested in research that investigates how often people vote, who votes in what election, and the general demographics of who votes and who runs.
The committee is likely to propose a bill that addresses how long documents should be sealed and what digital documents should be available to the government and the public.
May 15, 2024
Revenue and Tax Interim Committee Meeting
The Revenue and Taxation Interim Committee met at length to hear reports about the state and subsidiary entities. After training on open and public meetings, the first order of business was approval of the study list for interim meetings. Some discussion occurred concerning the prerogative of committee chairs to open bill files without committee approval.
The staff then gave a summary of tax bills and a report of Utah's economic and revenue situation. Attendees heard that the state's economic growth had slowed but was still at healthy levels. The committee also heard reports from the Utah WorkForce Services Department and from a Petroleum Storage Tank Fund representative.
May 15, 2024
Natural Resources, Agriculture, and Environment Interim Committee
There were several discussions in this meeting on water and air quality that are of interest to the League.
Report from the Director of the Division of Water Resources
Candice Hasenyager, director of the Division of Water Resources, gave an overview of the state’s current water conditions. Snowpack is above average in all water basins and reservoirs are 34% fuller than this time last year. 75% of the state is no longer in drought condition. Elevation in the south arm of GSL has reached 4195 ft. and the north arm has gained ~3 ft in elevation. The 3-month outlook is for normal precipitation, but for above average temperatures that will increase evaporative losses. Hasenyager also gave an update on the GSL Integrated Plan. A timeline has been set. Some of the goals of the studies are to quantify evaporation from GSL, improve monitoring of groundwater, and determine accurate inflows to the lake
E-Waste Recycling
E-waste recycling was addressed by Sen. M. Kennedy and a landfill manager. There is too much e-waste going into landfills and fires can be caused by damaged lithium-ion batteries. There is currently no statewide funding available to implement solutions. The committee discussed at length disposal options for public education, potential funding options, and the need to consider solutions related to solar panels. Legislative staff will do research during the interim and report back to the committee later this year.
Division of Air Quality
Bryce Bird, director of the Division of Air Quality, spoke about the challenges of complying with EPA standards for ozone and CO2 emissions. Natural levels of ozone comprise the largest component, so it is very difficult to keep within the standard. The state is again filing with the EPA to document that some of the “natural ozone” is coming from international sources that would be exempt from our numbers. DAQ is also working with other western states to explain their unique circumstances to the EPA to adjust standards to obtainable levels.
There is also an issue for Utah’s coal-fired power plants in complying with CO2 emission standards (as well as NOX – “good neighbor” rule). Since Rocky Mountain Power has recently decided to continue to rely on coal-fired plants, it will be subject to a rule that carbon capture equipment be installed by 2032. There was committee push-back on what was termed “heavy handed federal regulation.” The discussion also considered a philosophical question about the primary purpose of the DAQ. Rep. C. Snider asked if the focus should be on complying with EPA clean air standards or fighting the standards? Director Bird explained that his mission is to follow the directives of the Clean Air Act, but that the state is also challenging the standards for PM10 and PM2.5, as well as the methane rules that affect oil and natural gas producers.
June 19, 2024
Education Interim Committee Meeting
H.B. 3003
The committee heard a proposal to adjust the processes for splitting a school district as outlined in S.B. 221 from the 2024 legislative session. Per changes made by S.B. 221, 53G-3-301(9) currently states that the process for splitting a school district may not be initiated more than once during any two-year period.” S.B. 221 had recently allowed the process to create a new school district to be initiated by a school board, citizen initiative, municipality, or interlocal agreement.
However, multiple proposals for splitting Alpine School District from a number of authorized groups have come forward. And, while it would seem appropriate to honor whichever proposal came forward first, the law also prohibited a district through specific timelines from submitting its proposal any earlier than it did so. The committee discussed the unintended consequences from S.B. 221 of creating an environment of competing proposals without a clear path forward for prioritizing which of those proposals would appear on the ballot.
Clear Ballot and Clear Ballot Results
H.B. 3003 anticipates the breakup of Alpine School District and attempts to help districts avoid the problems that occurred with the split of Jordan School District some years ago. One problem with this split was that not all taxpayers who were affected were able to vote on the split and the subsequent tax increase. H.B. 3003 would take away a school district’s own ability to propose plans for a district split.
The bill sits on top of S.B. 221 which was specifically passed to minimize the costs of district splits and to create the fairest and most equitably process after a school district split. With the decades-old split of Jordan School District still fresh in the minds of committee members, H.B. 221 and 3003 have both intended to mitigate negative fiscal consequences for new districts after a district split.
The three processes currently outlined in code for dividing a school district were never intended to be enacted at the same time. The potential for confusion on the ballot is significant. If multiple splits pass, which proposal should be implemented or prioritized? If an interlocal agreement passes but the district proposal fails, what happens? The key provisions of H.B. 3003 are that it removes district option; creates a clear withdrawal process; and provides clarity on the districting and terms of board members. The committee gave a favorable recommendation for H.B. 3003.
June 19, 2024
Judiciary Interim Committee
Bail and Pretrial Release Proposed Amendments to Rep. C. Jack’s Proposed Bill, H.B. 474 “Criminal Justice Changes” 2024
In Washington County, 50% of pre-releases fail to appear for court hearings. Need exists to improve pretrial release supervision and accountability. Supervision with drug testing, treatment, and counseling should be conditions for entering and remaining in pretrial release. The committee discussed funding for support staff that would be needed.
The committee considered that, while some counties have effective supervised pretrial release programs, others offer only two options to offenders awaiting trial: confinement or monetary security. Rep. K. Lisonbee asked for better collection of data to help create legislation to increase the number of offenders who appear for trial and change their behavior.
Utah Court of Appeals Requests Legislative Clarification of Law on Renewal of Judgments, brought up by Zions Bancorporation v. Schwab (2023)
The committee asked staff for more information about who is seeking renewals and how often renewals result in payment. Sen. T. Weiler will draft legislation to allow one renewal for a period of eight additional years.
June 19, 2024
Natural Resource, Agriculture, and Environment Interim Committee Meeting
This committee meeting involved numerous presentations which laid the groundwork for future bills. The committee emphasized the State's view of federal overreach which was also emphasized in the Special Session.
Priority Issue: Public Lands Funding Amendments H.B. 3002
The committee discussed a bill that was heard in the Special Session later that day and indicated that the legislature will rename the Public Lands Litigation Restriction Account as the Federal Overreach Restricted Account. The committee wants to allow account funds to be used for educating the public on federalism issues, and specifically, matters relating to federalism and state sovereignty and state trust lands. Committee presenters said that this issue is not a left or right issue but one of state’s rights: unrestricting some of Utah’s lands, protecting wildlife, preventing wildfires, accessing geothermal and energy corridors, and placing transmission lines.
Committee members discussed an appropriation bill in support of H.B. 3002 because they anticipate that approximately 80 ongoing lawsuits will need funding from these resources; and that the appropriations bill will also fund consultation with outside experts and education for the public about the reasons for the state’s litigation and the concepts of federalism as interpreted by the Utah State Legislature. The committee took favorable recommendations and passed the motion related to the appropriations bill.
Agricultural Land Conservation
The committee received a presentation from the Utah Farm Bureau and discussed applying for federal funding for conservation easements that would help protect farmland now and in the future. States are required to supply funds that match federal funds providing for conservation easements. There will be $2.5 billion in federal funding available nationwide in 2025. Utah is only getting $4-5 million annually because the state has not matched federal funding. The Farm Bureau indicated that there is a $10-$12 return on investment for every dollar matched and enormous benefits for the state. Some committee members gave pushback on the basis that federal monies come with strings attached and that the state is battling federal overreach.
Statewide Agricultural System Support
Cloud Seeding: The committee received a presentation on cloud seeding which focused on the state’s increased water demand and the need to find affordable new water production. The goal is to increase the efficiency in cloud precipitation. The committee has a number of sponsors for cloud seeding projects. The committee is conducting long-term research for feasibility because much research is needed. Other states such as Idaho, Colorado, and New Mexico are all doing research and considering cloud seeding projects as well.
State Parks Access: The committee discussed how to help individuals with a mobility disability have more accessible access to our state parks. There has been pushback against this due to fear of ruining the park’s natural beauty with construction improving accessibility. Suggestions were to add loaner wheelchairs including beach wheelchairs and provide a rating system on trails (like ski trails). There are some liability and cost issues with the special wheelchairs, but this suggestion seemed workable to the committee. Currently, visitors can bring wheelchairs with them, but the committee is considering having appropriate wheelchairs available to rent at some of Utah’s state parks.
June 19, 2024
Tax and Revenue Interim Committee
The Interim Revenue and Taxation Committee heard four presentations about items of interest. Committee members agreed that suggestions heard in this meeting will result in future legislation to address problems or property assessment.
Presentation from the Tax Foundation representative on Utah's tax burden as it compares to other states. Generally, he said, Utah is in a better position than most other states in this regard.
Report of a performance audit of Utah's property tax system. The report suggested that Utah needs more guidance and oversight of how its property tax system operates, with some specific suggestions for improvement that the legislature might implement.
A staff report on issues related to centrally assessed property or property which the state, as opposed to the counties, assesses.
A staff report on issues related to the Transient Room Tax, which has been a continuing problem for the committee. One difficulty is the failure of counties to respond to data submission mandated by this committee in recent legislation.
June 19, 2024
Business and Labor Interim Committee
The committee discussed two resolutions, House Joint Resolution 301 and House Concurrent Resolution 301, regarding Constitutional Sovereignty and Title IX revisions. The League of Women Voters, UT, has great interest in these resolutions which are related to several of the League’s priority positions. Presenting the resolutions were Reps. K. Birkeland and N. Walter.
Background
HJR 301 and HCR 301 are the first two pieces of legislation attempted under S.B. 57, passed last year, which provides that the State, after meeting certain conditions, can prohibit the enforcement of a federal directive that “violates the principles of state sovereignty.” HJR 301 adds that any directive restricting and infringing “upon the State’s right to provide for the state’s health, safety, welfare and prosperity” falls under S.B. 57.
In the 2024 Third Special Session, the Legislature concluded that revisions in Title IX slated to go into effect on August 1, 2024, did indeed meet these criteria. They determined that the following four Utah laws are likely to conflict with Title IX:
H.B. 11, Student Eligibility in Interscholastic Activities (excludes transgender girls from school sports);
H.B. 257, Sex-based Designations for Privacy, Anti-bullying and Women’s Opportunities (bars trans girls from women’s bathrooms, locker rooms etc.);
The Campus Individual Rights Act (protects certain conditions for “expressive activities” on campuses);
“Each Utah law regulating abortion.”
Committee Discussion
Bill sponsors, Birkeland and Walter, explained the two resolutions and then questions and comments were taken from committee members. Sen. K. Kwan questioned the use of the word “enforce.” Birkeland explained that legislators would “engage” with officials accused of obeying a federal law rather than state. Sen. C. Bramble clarified that of course the legislature cannot enforce laws, the Executive and Judicial branches must do so. Kwan also expressed concern that overturning the Individual Rights Act would disproportionately limit the free speech of minorities.
Kwan also mentioned the state’s potential violation of the Supremacy Clause, but did not pursue that argument. She asked if all federal directives including Supreme Court decisions would be subject to S.B. 57. Sen. Bramble responded that the question could not be answered because it is hypothetical. Kwan’s last question was why abortion was included in this resolution to which the committee chair answered: Title lX redefines abortion in ways that might not comply with Utah values.
Rep. B. King asked how much federal funding we risk losing by not complying with Title IX, but his main concern was the vagueness of the resolutions. He questioned how we determine when there is a violation of state ideology. The resolution provides no criteria or specific actions that could be presented to courts of law.
Three speakers from the public, including Eagle Forum’s Gayle Ruzicka, supported the resolutions.
July 19, 2024
Health and Human Services Interim Committee
This committee meeting focused on the government response to public health emergencies and transgender treatment for minors.
Government Response to Public Health Emergencies
Testimony before the committee mostly addressed the position that there should not be mandates for vaccines.
Aaron Siri, an attorney with a law firm that litigates vaccine issues, who has testified before many legislatures, provided data that demonstrated some health risks from the COVID vaccine and made the points listed below:
In 1986 Congress passed a law that made vaccines exempt from lawsuits;
Most vaccine testing has been far less rigorous than typical drug testing;
COVID vaccine testing was more rigorous that typical vaccine testing.
Rep. J. Dailey-Provost who has a PhD in public health took strong exception to his statistical analysis. Other representatives argued that, given the exceptions, Utah doesn’t have a vaccine mandate in any case. Other individuals testified about family and friends who had suffered terrible health outcomes from COVID vaccines.
Transgender Treatment for Minors
Attorneys and representatives from agencies gave status reports on their studies of transgender treatment for minors. A final report will be available at the end of August.
Leon Sapir, a PhD scientist from the conservative think tank Manhattan Institute returned to testify about this issue. He made the following points:
The science is almost nonexistent on the efficacy of treatment, and American doctors have caved to accepting what patients want;
European nations, such as the Netherlands and Scandinavian countries, have backed away from treating minors;
The UK Cass Report found the science behind transgender treatment was inadequate and poor; and since that report, treatment for minors will only be done as part of research.
Lisa Diamond, a University of Utah psychology professor who specializes in gender studies, urged that more research be done generally, and that more research be done in Utah and among its population specifically.
June 19, 2024
Government Operations Interim Committee
During this meeting, committee members considered draft legislation that would address problems with Utah Code Section 20A-6-108. This section of code requires an election officer to ensure that, when the bulk of ballots are initially mailed to voters, the ballots are mailed from a location in Utah. The United States Postal Service processing center for southern Utah was relocated from Provo to Las Vegas, which has the effect of ballots being mailed from outside of Utah.
The committee plans to consider draft legislation, “Ballot Distribution Revisions,” which creates an exception to the requirement that the bulk of ballots initially mailed to voters must be mailed from a location in Utah, if the jurisdiction mailing the ballots is assigned to a United States Postal Service area distribution center outside of Utah.