As the March 5 deadline to end Utah’s annual legislative session nears, the pace on Utah’s Capitol Hill has stepped up as lawmakers jockey to advance hundreds of bills competing for the time and attention of colleagues. Here is a quick look at some of the notable debates.
Emergency powers
A measure that would rein in the emergency powers of the governor and the Utah Department of Health in favor of more legislative oversight was introduced Tuesday, and, two days later, appeared well on its way to bipartisan passage.
But Gov. Spencer Cox on Thursday spoke up to say, not so fast.
The fledgling chief executive didn’t say he supported or opposed SB195 but suggested that he wants to see some changes to it come out of closed-door negotiations with lawmakers.
Pressed specifically on a 30-day limit to his declarations of emergency and orders stemming from it, Cox indicated that time frame is one of the items under discussion.
He also explained his view that the Legislature already has a good deal of authority over emergency orders of the type that have been issued to response to the COVID-19 pandemic.
“I will remind the Legislature that they now have the ability to call themselves into session at any time and overrule any order that has been done from the very beginning,” he said. “They have that authority now. They don’t need a bill to change that.”
Homelessness
A Utah House committee voted 7-1 on Thursday in support of a bill that seeks to address problems in the state’s homeless services system, which has been described as “confusing,” overly “complex” and “inefficient.”
HB347 would create a new Office of Homeless Services within the Department of Workforce Services and would put a single person in charge of overseeing policy affecting the state’s unsheltered populations, in accordance with the recommendations of a report from the Kem C. Gardner Policy Institute last fall.
“The ultimate objective of this bill is to help people step out of homelessness and back into our community, to help people address the underlying causes of homelessness,” said Rep. Steve Eliason, R-Sandy and the bill’s sponsor, “so it does not become a revolving door, which for the chronically homeless is far too often the case.”
Advocates mostly favor the bill.
“We believe that having a strong governance model at the state level with full involvement of our local governments and local homeless councils and private funders, we can really shift our system in the state,” Michelle Flynn, executive director of The Road Home, said.
School mask policy
It would be up individual school districts — in coordination with local health departments — to decide whether they want to require their students and staff to wear masks, under a new bill proposed Thursday.
SB187 is a response to the statewide COVID-19 mask mandate issued for K-12 schools by then-Gov. Gary Herbert last July, which extends through the end of this school year. It is headed to the full Senate after clearing its first committee Thursday on a 5-2 vote.
The idea is that areas of the state experiencing less transmission of the coronavirus wouldn’t need to have their students and teachers wear face coverings, if they didn’t want to.
Sen. Ronald Winterton, R-Roosevelt and the sponsor of the bill, said no one with the governor’s office or the state Health Department consulted local school districts or charters before issuing that public order. Many administrators, he said, were left feeling frustrated and powerless.
Under the version of the measure that advanced, the governor would have to reach out to school districts before issuing any new orders. And, though a school district would have the final say on mask policy, its leaders would be required to consult with the local health officials.
Michelle Hofmann, who has recently been named deputy director of the Utah Department of Health, spoke against SB187 and supports keeping the statewide order for masks in K-12 in place. Without it, she fears, schools would see more outbreaks.
“We have serious concerns,” Hofmann said. “This jeopardizes the safety of in-person learning.”
McCluskey settlement
A negotiated settlement of the lawsuit against the University of Utah over the 2018 on-campus murder of student Lauren McCluskey needs legislative signoff.
Last week, lawmakers gave initial approval to HJR10, which would provide a $13.5 million legal settlement to be paid to McCluskey’s parents.
The resolution sponsored by Republican legislative leaders won unanimous support in the House Judiciary Committee and is expected to easily pass through both chambers. The amount had been previously agreed upon between Jill and Matt McCluskey and the U. and was announced in October.
Transgender sports
An effort to bar transgender girls from competing in female K-12 sports cleared the Utah House on a largely party-line vote Wednesday and was on its way to the Senate.
Opponents of HB302 — titled “preserving sports for female students” — warned that it would further stigmatize youths who are already vulnerable and at higher risk for suicide.
On top of that, the Legislature’s own attorneys have warned that such a law would almost certainly be challenged in court and likely would be found unconstitutional. Others warned of possible financial repercussions from collegiate and professional sports organizations.
The fact that there isn’t a single known example of a transgender girl now participating in school sports in Utah had no dampening impact on the emotional power of the bill.
The bill’s sponsor, Rep. Kera Birkeland, R-Morgan and a junior varsity basketball coach for the girls’ team at Morgan High School, complained of coming under fire from opponents but said the attacks have not blunted her determination to shepherd the measure.
“When everybody who walks onto a court or field knows with confidence that it is a fair playing field, I won’t regret the anger or the rudeness that has come my way,” she told colleagues on the House floor. “Because I know this is the right thing to do.”
Others suggested that the backlash Birkeland has felt can’t match what transgender youths face every day. Rep. Jennifer Dailey-Provost, D-Salt Lake City, called the legislation “cruel” and “heavy-handed.”
A day after House passage, an emotional Gov. Cox said he had problems with the bill in its current form.
“These kids are … they’re just trying to stay alive,” Cox said, holding back tears during a news conference. “There’s a reason none of them are playing sports. And so … I just think there’s a better way.” He said he was working with the sponsor to make some changes in the legislation.
Hybrid and electric vehicle fee hikes
A bill that would significantly hike registration fees for electric and hybrid vehicles stalled in the Utah House when the sponsor pulled it back in the face of strong opposition.
Rep. Kay Christofferson, R-Lehi, said he has taken to heart some of the points raised by opponents and said he would try to rework HB209.
Christofferson, who heads the House Transportation Committee, remains convinced, however, that electric cars and hybrids now largely escape gas taxes that fund road maintenance. So he said there needs to be a mechanism to force owners to pay their fair share.
HB209 would increase by fivefold the fees for plug-in hybrids and would double or nearly double those for electric vehicles. Critics said the proposal would move state policy in the wrong direction, given Utah’s continued struggle with air pollution.
Tribune reporters Taylor Stevens, Bryan Schott, Bethany Rodgers, Courtney Tanner, Lee Davidson and news editor Dan Harrie contributed to this article.
Follow @sltribpolitics