Latest news with #AlexGoodlett
Yahoo
22-03-2025
- Politics
- Yahoo
‘Disregard for transparency': Utah Legislature's public records laws earn it a ‘Black Hole' award
The Capitol in Salt Lake City is pictured at dusk on the last night of the legislative session, Friday, March 7, 2025. (Photo by Alex Goodlett for Utah News Dispatch) The Utah Legislature won an award for the past few years of work, culminating in the 2025 General Session, although it's not something most lawmakers will likely be proud of. On Friday, the Society of Professional Journalists awarded the Utah Legislature its annual Black Hole award for passing a pair of laws that revamp the way public records requests are appealed in the state. The announcement comes at the end of Sunshine Week, set aside each year to highlight the importance of public records and open government. Given out each year by the Society of Professional Journalists, the nation's oldest journalism organization, the Black Hole Award highlights 'the most heinous violations of the public's right to know.' That includes governments repealing or curtailing open-records laws, or officials or agencies that go to 'egregious' lengths to hide information. The award's criteria states that Black Hole award should go toward a policy or action that impacts the public at large. It's kind of like winning a Razzie, the annual parody award given out to the worst movie of the year. The 2025 Razzie award went to Francis Ford Coppala's 'Megalopolis' — the 2025 Black Hole award went to the Utah Legislature. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The two bills in question are SB277, which eliminates the State Records Committee, replacing it with an attorney who will review appeals to records requests that have been denied — and HB69, which makes it difficult for people who challenge the government over public records denials to recoup their attorney fees. The bills have not yet been signed by Utah Gov. Spencer Cox; however, on Thursday he said he intends to give them both a green light. 'I think it's best for the state, I think it's best for state government, I think it's best for the people,' Cox said during his monthly news conference with PBS Utah. The laws come on the heels of several other policies from the Legislature to curtail transparency that the Society of Professional Journalists said factored into the award. That includes a 2022 law that prevents the release of Garrity statements — compelled testimony from public employees used in an internal investigation, but not intended for criminal proceedings. And in 2023, the Legislature passed a law that makes the digital calendar of a public official a protected record, which coincided with attempts from KSL-TV investigators to request the schedule of former Attorney General Sean Reyes, who faced criticism over his friendship with embattled anti-trafficking activist Tim Ballard. 'These actions convey a clear disregard for transparency and pave the way for unchecked government actions,' said Jodi Rave Spotted Bear, who chairs the Society of Professional Journalists' Freedom of Information Committee. Notably, this is the second time the Utah Legislature has been saddled with the Black Hole Award. It received the inaugural award in 2011, along with then-Gov. Gary Herbert, for dismantling the state's Government Records Access and Management Act, or GRAMA. After loud public outcry, the bill was repealed in a special session. Sponsored by Sen. Mike McKell, R-Spanish Fork, SB277 will replace the State Records Committee — the body that decides which government records should be released to the public — with a paid, governor-appointed attorney. The bill was opposed by most Democrats and a handful of Republicans, passing the Senate with a 21-8 vote and the House with a 44-23 vote. Now, if a records request, and subsequent appeal, is denied, any further appeals would go before the director of the Utah Government Records Office, created under the bill. The director would serve a four-year term, and could be removed by the governor but only for cause, which means they would have to violate a stated policy. McKell, the Senate's majority assistant whip, said the bill will make the appeal process more efficient, eliminating the backlog of requests. Cox echoed that sentiment on Thursday. 'We have about a four- to six-month backlog, often, when it comes to these issues going before the board. What we're doing is we're putting in an administrative law judge, someone who understands the law and can rule very quickly on these issues. That's going to help all of you not have to wait for these decisions,' he told reporters on Thursday. 'We're always trying to make sure we have the right balance in government and I think these bills do that.' McKell also claimed the records committee sometimes makes decisions that go beyond their legal expertise. 'They are tasked with quasi-judicial decisions,' McKell said during the legislative session, 'not one is required to have a legal background or law degree.' Opposition to the bill spanned the political spectrum, with representatives from the Eagle Forum to Mormon Women for Ethical Government to the Utah League of Women Voters speaking against it. Critics worry that it could lead to less transparency, while consolidating too much power under the governor. 'Utah's seven-member State Records Committee, representing diverse experience and perspectives, was ideally suited to look out for the public interest in free information. Replacing that committee with a governor's appointee can only reduce accountability and undermine public confidence in government,' said Howard Goldberg, a retired Associated Press bureau chief, in a statement. Goldberg also sits on the SPJ's Freedom of Information Committee. Sponsored by Rep. Stephanie Gricius, R-Eagle Mountain, HB69 started out as a bill to protect voting information — it classifies records related to the return of ballots as protected, and prohibits a government official from accessing or using government records that are outside of that official's duties, including how someone voted. The bill initially sailed through the House and Senate with little controversy. However, on final passage in the Senate, it was amended to include a new provision related to attorney fees. By then, the bill had already passed both Senate and House committees, which is when the public is given a chance to comment on the bill. So, essentially, the amendment received little debate among lawmakers and no public comment. Now, if someone challenges the denial of public records in court, and wins, they can only recoup their attorney fees if they can prove the government acted in bad faith when the records were initially denied. That's a very high bar, critics warn, which will have a chilling effect on private citizens who seek to appeal the denial of a records request. Unless the records request comes from an organization or individual with deep pockets, it will be financially difficult for most people to take a government to court over a denial. 'Together with SB277, this makes it harder for individuals and organizations with limited resources to access withheld records,' the Society of Professional Journalists said in a news release Friday. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
20-03-2025
- Politics
- Yahoo
Legislature snubs funding for domestic violence health care service, forcing nonprofit to fundraise
The Capitol in Salt Lake City is pictured at dusk on the last night of the legislative session, Friday, March 7, 2025. (Photo by Alex Goodlett for Utah News Dispatch) After its funding request was snubbed by the Legislature this year, the Utah Domestic Violence Coalition will try to fundraise nearly $400,000 so police departments around the state can continue to administer a critical health care service for victims of domestic violence. Funds were already running thin for the program, which allows police departments to contract with forensic nurses and experts, who then administer strangulation exams for victims of intimate partner violence — advocates say the funding allocated last year is already mostly used up. Help for people in abusive relationships is available in Utah: Utah Domestic Violence Coalition: A confidential statewide, 24-hour domestic violence hotline can be reached at 1-800-897-LINK (5465) YWCA Women in Jeopardy program: 801-537-8600 Utah child abuse and neglect hotline: 1-855-323-DCFS (3237) National Domestic Violence Hotline: 1-800-799-7233 Now, if the nonprofit Domestic Violence Coalition can't secure the funding, police departments around the state won't have enough money to routinely carry out exams that experts say are critical to identifying and prosecuting the most serious cases of intimate partner violence. Although it's estimated to cost about $400,000 each year, the coalition originally asked for $260,000 in annual funding, planning to fundraise for the remaining $140,000. Now, the coalition will have to shoulder the entire cost. It was a relatively small ask, considering the state's roughly $30 billion budget, which included $40 million in ongoing funds for the Utah Fits All Scholarship voucher program, $20 million in one-time funding for the state's first-time home buyer program, and dozens of other programs and allocations that dwarf what the Domestic Violence Coalition was asking for. 'It's a drop in the bucket, in terms of the amount of funding that was allocated this year at the legislative session,' said Max Pierce, community health specialist for the Utah Domestic Violence Coalition. 'But what that drop in the bucket is going towards is this critically important service.' Victims of intimate partner violence that have been strangled are often at a higher risk of homicide, according to several studies. A 2009 study published in the National Library of Medicine found that non-fatal strangulation was present in 43% of intimate partner homicides, and 45% of attempted intimate partner homicides. Another study showed that being strangled by an intimate partner heightened the chances of homicide by 600%. But advocates say law enforcement isn't always best equipped to handle these cases, sometimes lacking the resources or funding to conduct a comprehensive strangulation exam. Instead, for the last several years, departments in Utah have contracted with specialized forensic experts who conduct a strangulation exam, while also providing health care to the victim. State funds could help prosecutors identify the most serious domestic violence cases The forensic nurses can provide a more comforting, trauma-informed environment for the victim, while looking out for signs of stroke or other complications that come from oxygen loss, said Pierce. Plus, they can act as expert witnesses during a trial, or assist in the prosecution by giving an added layer of credibility to the victim's testimony. The Legislature allocated $200,000 for the program in 2022, following up with another $200,000 in 2024 — that was supposed to carry the program through this year, but Pierce said it's likely the funds will dry up before the end of March. Since 2023, funding for the program has resulted in nearly 280 exams. And lawmakers say the state has seen three times the number of perpetrators charged and four times as many successful prosecutions since funding the program. But now, the coalition will have to solicit donations and grants from different sources, while hoping other state agencies will come to its aid. During funding shortages, Pierce said the coalition has to essentially give each department or agency a budget for how much they can be reimbursed for the exams. 'We're chasing down funding, either through private entities and organizations, or through other state agencies, in order to fund something that is essentially covering the charge for law enforcement,' said Pierce. 'It is a really unfortunate and terrible situation we're in now, where I can't say that we'll be able to cover every single exam.' If funding runs out, the cost will then fall to each law enforcement agency, whose budgets are already tight, Pierce said. Already, departments around the state tell the coalition that they only conduct the exams in the most serious cases over funding concerns. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
11-03-2025
- Politics
- Yahoo
Utah lawmakers move to set higher bar for ballot initiatives — but voters will have a say in 2026
The Capitol in Salt Lake City is pictured at dusk on the last night of the legislative session, Friday, March 7, 2025. (Photo by Alex Goodlett for Utah News Dispatch) During a session underscored by efforts to assert legislative control, the 2025 Utah Legislature made moves to set new requirements on Utahns' ability to enact laws via ballot initiatives — but the most significant proposed change can't take effect without voter approval. The Republican-controlled Utah legislature passed two pieces of legislation that would set new limits on ballot initiatives, but one will be going on the ballot in 2026 for voters to consider. The question? Should ballot initiatives to enact laws that would require tax increases be required to receive at least 60% of the vote, rather than a simple majority? Here are two pieces of legislation impacting ballot initiatives that lawmakers passed: SJR2 puts a question on the 2026 ballot for voters to either approve or reject: Should ballot initiatives that would require a new tax or a tax hike only be allowed to take effect if at least 60% of voters approve it? Currently, the Utah Constitution only requires a simple majority vote for ballot initiatives to be enacted as new laws. SB73, if signed by Gov. Spencer Cox, sets new requirements for ballot initiative applications. It would require initiative backers to include in their application for the initiative a detailed description of how the proposed law would be funded and if it would require a tax increase. If they successfully get the initiative on the ballot, it would also require initiative backers to follow the same publication requirements that lawmakers do when they put proposed constitutional amendments on the ballot, which could increase the cost of ballot initiatives by an estimated $1.4 million — though that could change. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Currently, the Utah Constitution requires that constitutional amendments be published in newspapers statewide for 60 days before the next election. However, lawmakers want voters to consider changing that, which would impact not just proposed constitutional amendments, but also ballot initiatives. Here's why: Utah lawmakers also passed a resolution and a companion bill that could remove that newspaper publication requirement from the Utah Constitution and leave it up to lawmakers to decide how voters should be notified before an election. They included: HJR10 places this question on the November 2026 ballot for voters to consider: Should the Utah Constitution be changed to strike the language requiring that proposed constitutional amendments must be published 'in at least one newspaper in every county of the state where a newspaper is published, for two months' immediately preceding the election, and should the constitution instead say those proposed amendments be published 'in a manner provided by statute, for 60 calendar days' immediately preceding the next general election? If voters approve the question from HJR10, then another bill — HB481 — would take effect, setting a state law that requires proposed constitutional amendments and ballot initiatives be published as a 'class A' notice on the Utah Public Notice website or a government's official website for '60 calendar days immediately preceding' the next general election. Proponents of setting the new rules for ballot initiatives — including Sen. Lincoln Fillmore, R-South Jordan, who sponsored SJR2 and SB73 — argued that Utah voters need to know the fiscal impact of proposed ballot initiatives, and that if they come with a price tag that would require a new tax, those initiatives should only be approved with 'broad' voter support. 'The question that (SJR2) will pose to the voters … is how easy do you want it to be for your neighbors to raise your taxes?' Fillmore said in a House committee on Feb. 26, during the resolution's second public hearing. Fillmore added that 'citizen initiatives are an important part of Utah's government and Utah's constitution,' but he argued it should take more than 50.1% of the vote to raise taxes 'on the other 49.9%.' 'We really need to have a broad consensus for that kind of policy,' Fillmore argued. As for SB73, Fillmore addressed criticisms that his bill will make running ballot initiatives in Utah unnecessarily harder — when it's already hard enough — head on. 'There is nothing in here that makes it more or less difficult to run a citizens initiative,' he said. 'However, it does recognize that Utah's constitution requires a balanced budget.' Utah lawmaker wants to ask voters to set higher bar for ballot initiatives that raise taxes He also argued that voters should change the constitution to take out newspaper publishing requirements because 'there's no need for either the Legislature using taxpayer money or taxpayer backers using donated money to pay to advertise in newspapers that nobody will read.' Digital publication requirements, he said, would be a 'more efficient way' that 'really can spread the word better and do it for far less money, in fact, for literally $0.' However, groups including Better Boundaries (which successfully ran the 2018 ballot initiative that sought to enact an independent redistricting commission) and the League of Women Voters of Utah and Mormon Women for Ethical Government (the plaintiffs that sued the Legislature after it repealed and replaced that initiative, turning that commission into an advisory role that lawmakers could — and did — ignore) spoke against the bills. They argued that together, SB73 and SJR2 would set unnecessarily high and in some cases impossible thresholds for ballot initiatives to succeed. Katie Wright, executive director of Better Boundaries, urged lawmakers to oppose SB73, saying it's part of a yearslong effort to tamp down on ballot initiatives. 'Control' center stage as 2025 Utah Legislature comes to a close 'We have seen over the past decade a concerted effort to make our constitutional right to ballot initiative near impossible to exercise,' she said. 'This bill is just one more roadblock in people's ability to exercise that right that's in our constitution and constitutionally protected.' While speaking against SJR2, Katherine Biele, president of the League of Women Voters of Utah, told lawmakers that voters are 'much smarter than you think,' and they already place enough scrutiny on ballot initiatives, especially costly ones. Additionally, she said lawmakers still have the power to change ballot initiatives. 'You are able to revise any initiative that passes, as you have in the past many times,' she said. Dallin Robinson, while arguing against SJR2, said young voters are 'furious' about recent ballot initiatives in Utah. He didn't name them specifically, but after three ballot initiatives were approved in 2018 — one for full Medicaid expansion, one to legalize medical marijuana, and one to create Better Boundaries' redistricting commission — lawmakers repealed and replaced all of them. Both the Medicaid expansion and medical marijuana initiatives included tax increases. So if they had been subject to the new thresholds outlined in SJR2, neither would have passed. 'This is an undemocratic bill,' Robinson said about SJR2. 'This bill silences the people of Utah. And the people of Utah are not as dumb as you think. We understand tax policy, and we are absolutely confident enough to speak and vote on our own tax policy.' In that House committee, Rep. Jason Thompson, R-River Heights, argued in favor of SJR2, saying it's a question that voters should have a chance to weigh in on. 'I too find it ironic that where this Legislature is trying to give the people of this state the opportunity to have their voice heard by having this put on the ballot, that the Legislature could be attacked in the way that it's being attacked, saying that it's wanting to quiet the voice of the people of this state,' he said. 'I reject that notion.' However, Rep. Andrew Stoddard, D-Sandy, argued against SJR2, saying it would place higher requirements on ballot initiatives than the Legislature when it comes to passing laws that would come with a price tag. 'It's unfair for us to say, 'Hey citizens, you require a higher threshold when you're raising taxes. We're not imposing the same requirement on us as legislators,' Stoddard said. Both SJR2 and SB73 passed the House and Senate along mostly party line votes, with Democrats voting against. The other proposals (HB481 and HJR10) to change publication requirements, however, passed with unanimous support from both bodies. Both SB73 and HB481 now go to the governor for his signature or veto. Cox, however, does not need to weigh in on resolutions, so SJR2 and HJR10 will be enacted without his signature. Lawmakers' had their crosshairs on ballot initiatives during the 2025 session that ended at midnight on Friday as part of the ongoing fallout from a Utah Supreme Court decision over the summer in the League of Women Voters of Utah and Mormon Women for Ethical Government's redistricting lawsuit. The ruling asserted the Legislature does not have unfettered power when it comes to altering 'government reform' ballot initiatives. That unanimous July 11 opinion explicitly said 'this does not mean that the Legislature cannot amend a government-reform initiative at all,' but rather it made clear that lawmakers' power to amend certain initiatives has limits and that the Utah Constitution protects 'government reform' initiatives from being overridden by lawmakers without a compelling government interest. Amendment D ballot language was misleading to voters, Utah Supreme Court affirms And yet, fearing that ruling will turn ballot initiatives into 'super laws' that lawmakers can't change and that it will open the floodgates to 'outside money' and California-style lawmaking in Utah, Republican legislative leaders set out to do something about it — after their first plan of action, Amendment D, crashed and burned. The courts voided Amendment D — which would have enshrined the Legislature's power to alter any type of voter-approved ballot initiative — after lawmakers both failed to follow newspaper publication requirements in the Utah Constitution and after characterizing the proposed constitutional amendment's effect in a misleading way on the November ballot. Now, until voters potentially change those publication requirements, Utah lawmakers want ballot initiative backers to adhere to the same constitutional requirements they face for proposed constitutional amendments. Senate President Stuart Adams, R-Layton, has repeatedly characterized unchecked ballot initiatives as a threat to Utah's future. He has argued that the current balance of Utah's democratic republic form of government has served the state well and that the Utah Supreme Court's ruling upset that balance. Utah Supreme Court's 'watershed' redistricting ruling has major implications. Now what? In his opening speech on the first day of the 45-day session, Senate President Stuart Adams, R-Layton, urged lawmakers to act to preserve the state's 'republic,' while promising 'I will do everything I can to keep it.' 'We cannot let unelected special interest groups outside of Utah run initiatives and override our republic, destroy our businesses, demean, impugn and cast aside those who are duly elected to represent their neighbors and friends in Utah,' Adams said. 'We cannot let the Utah Dream die. We will not let initiatives driven by out-of-state money turn Utah into California.' Citizen initiative backers, however, argue that setting higher bars for ballot initiatives will have the opposite effect by making it impossible for every-day citizens to exercise their power, leaving only well-resourced groups to have any chance of success. 'Together with SJR2, (SB73) really makes it nearly impossible for grassroots efforts to succeed while large, well-funded interests can still navigate the system,' said Helen Moser with League of Women Voters of Utah, in a House committee hearing. Moser argued that Utah 'already has safeguards to ensure responsible initiatives.' 'These extra barriers,' she said, 'only silence the people.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
08-03-2025
- Politics
- Yahoo
Deportations, transgender restrictions, MAHA: National issues that came to Utah
Legislators work in the House Chamber on the last day of the legislative session at the Utah State Capitol, Friday, March 7, 2025. (Photo by Alex Goodlett for Utah News Dispatch) As in statehouses across the country, Utah saw headline-gripping issues and national debate woven into bills that made their way through the Legislature with different measures of success. The reality that 'all politics is national' is something Cox said he and lawmakers can't escape — even though he told Utah News Dispatch in an interview Friday that he wished that wasn't the case. 'I think it's very unhealthy for us that all politics is national, but whether I like it or not, it's true. It just happens,' he said. 'I like when we're focusing more on local issues … but I don't get to make all the decisions. So if there are issues we should fix them, and we've done a good job of that. And if there aren't, we should let somebody else work on it.' From immigration bills designed to bolster President Donald Trump's promises for mass deportations, to a fourth year of restrictions on transgender Utahns, to the possibility of Utah becoming the first state in the nation to outlaw fluoride in drinking water systems, these are some of the hot-button bills of the 2025 legislative session. With the Trump administration vowing to carry out mass deportations, Lawmakers looked for ways to help the federal government achieve its immigration goals this session. Among them is a law passed on Friday that requires a judge to impose a mandatory jail or prison sentence for crimes committed by an immigrant who has already been deported, then charged with felony reentry to the U.S; and a bill that would increase the maximum sentence for class A misdemeanors to one year. Per federal law, if an immigrant, regardless of their legal status, serves at least 365 days in jail or prison, deportation proceedings are automatically initiated upon their release. Lawmakers say the bill, which only applies to violent misdemeanors, will lead to more deportations. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX But critics worry that since the federal government is already deporting immigrants, whether they've committed crimes or not, the bill will disproportionately impact those living in the country legally. And despite a focus on immigration policies this year, several bills that were touted leading up to the session ultimately died. That includes: An attempt to require Utah companies with more than 15 employees to verify their employee's immigration status through the E-Verify system (current Utah law puts that threshold at 150). A proposed tax on wire transfers to foreign countries if the sender does not have a valid state ID or visa. And a bill allowing law enforcement to impound a vehicle if the driver does not have a license, a response to what lawmakers said is an increase in migrants who lack legal status on Utah roads. For the fourth year in a row, Republican lawmakers passed legislation targeting the LGBTQ+ community. One new law will require transgender students at public universities to live in dorms corresponding with their sex at birth and orders the Utah Board of Higher Education to create a compliance plan for universities to follow. HB269, which has been signed by Cox, followed an incident at Utah State University where a mother of a student complained to the school because her daughter was sharing a common space with a transgender resident assistant, who had been randomly assigned to live in the dorm. The bill elicited intense emotions among the queer community, who said during public comment and protests they felt discriminated against. 'The LGBTQ community is so tired,' said Rep. Sahara Hayes, D-Millcreek, the Legislature's only openly gay member, during a House floor debate. 'We are so tired of being scared every year when this body meets because we don't know how we're going to be targeted. We don't know how our loved ones and our families are going to be targeted, but it's starting to feel inevitable that it will happen.' Another bill, HB77, bans pride flags from being displayed in classrooms and all government-owned property. Rep. Trevor Lee, R-Layton, repeatedly told lawmakers throughout the bill's journey that the legislation was aimed at ensuring 'political neutrality,' but critics of the bill blasted Lee for taking away certain freedoms of expression. 'It's important that our communities and our teachers are able to focus their skills on where it matters. Whether it's their community or their classroom, our state government should not have the ability to violate these freedoms of speech,' Anna McNamer, a middle school teacher, told lawmakers during a committee hearing on the bill. 'Our government should not be able to give us a list of appropriate or correct flags to display at any time in a secular education setting.' Other bills like HB521, which would have banned public funding for transgender medical procedures and likely impacted University of Utah Health's Transgender Health Program, stalled during the session. Through it all, several protests and demonstrations took place to show solidarity and support for the LGBTQ+ community during the 45-day session. As part of a growing national trend cracking down on transgender inmates, lawmakers passed a bill this year that prevents the state's county jails and two prisons from administering 'cross-sex hormone treatment' and any kind of gender-affirming surgeries for adult inmates. People who started treatment before incarceration would be allowed to continue it. According to the Utah Department of Health and Human Services, which oversees health care in the state's two prisons, there are currently 33 Utah inmates receiving hormone replacement therapy — 29 transitioned from male to female, and the remaining four transitioned from female to male. The Department of Corrections houses approximately 6,300 incarcerated individuals, according to its website. Inmates at the state's prison are already not allowed to undergo cosmetic or elective surgeries. The bill, HB252, would also require all minors in a detention center to be housed in accordance to their sex assigned at birth, while prohibiting the use of puberty blockers. It also prevents sexual relations between staff and people housed in juvenile detention centers (people up to 25 years old are sometimes housed in these centers). Another nationally charged issue that crept into this year's session was the 'Make America Healthy Again' movement, popularized by U.S. Health and Human Services Secretary Robert F. Kennedy Jr. A bill by Rep. Kristen Chevrier, R-Highland, would direct Utah's Department of Workforce Services to request a waiver from the federal government in order to prohibit the purchase of soda with the use of Supplemental Nutrition Assistance Program benefits. An early version of the bill also would have blocked candy purchases. More than once, Chevrier told her colleagues that the bill was one way lawmakers could 'facilitate DOGE efforts.' 'This is a common-sense proposal, one that is being considered by at least a dozen other states this year, and one that will be well received by the Trump administration, but also by anyone who's concerned about the overall health of our nation,' she said during a House floor debate. HB403 passed the House and Senate and is awaiting the governor's signature. Lawmakers also approved a ban on a practice that has been more aggressively targeted in conservative circles — adding some extra fluoride to public water systems. There were lengthy debates with the public split over freedom of choice and whether the health implications of adding fluoride to water were positive or negative. Ultimately, the ban prevailed. HB81, which would prohibit adding fluoride to public water systems, passed this session and is only waiting for the governor's signature, which could make Utah the first state in the nation with a blanket fluoride ban. The final vote blurred party lines. Fluoride can occur naturally in water, but U.S. municipalities have added extra for decades because of its ability to fight tooth decay. However, opposition to fluoride has been a trend around the country, particularly amid growing skepticism toward science and public health measures in the wake of the COVID-19 pandemic. Dentists, especially in vulnerable communities, say they have seen dramatic decreases in decay, but critics have long questioned whether the substance is safe, even in the relatively low levels water systems use. Rep. Stephanie Gricius, R-Eagle Mountain, the bill sponsor, cited a court decision ruling the Environmental Protection Agency should take action to address potential health risks associated with high levels of the mineral in drinking water. The court didn't require a specific action, though. It just asked the agency not to ignore the issue. However, the bill wouldn't necessarily prevent Utahns from getting access to fluoride if they choose so, since the legislation would also allow pharmacists to prescribe it for easier access. While Utah saw fewer bills this year related to abortion care and access as the state's near-total ban continues to be held up in court, one bill rose up targeting Planned Parenthood's education courses. With HB233, Rep. Nicholeen Peck, R-Tooele, wanted to ban Planned Parenthood educators from public schools. She successfully pushed it all the way through the House and Senate, arguing 'elective abortion providers' shouldn't be teaching in schools. Along mostly party-line votes, both the House and Senate gave final legislative approval to that bill Friday night. It now goes to the governor for consideration. In response Kathryn Boyd, president & CEO of Planned Parenthood Association of Utah, issued a statement expressing disappointment but adding the organization's sexual health education resources aren't going anywhere. 'Planned Parenthood Association of Utah educators have provided medically accurate, age-appropriate health education for more than 50 years, and we won't stop now,' she said. 'Even if we can no longer teach in public schools, we will still be here for our community, offering expert health education to those who need it.' Amid heightened nationwide conversations about crime and public safety, a number of bills — both successful and unsuccessful — sought to increase penalties, create new offenses, crack down on espionage, and create new guidelines for law enforcement and first responders. HB87 creates a new criminal penalty for trafficking fentanyl, or a fentanyl-related substance. The law makes it a first-degree felony for anyone caught with more than 100 grams of the synthetic opioid. SB180 directs law enforcement officers to disclose when they use artificial intelligence, while requiring departments around the state to create an approved policy concerning artificial intelligence use. Inspired in part by Ruby Franke and the infamous case of child abuse, SB24 creates a new crime called child torture. Now, child abuse that is 'exceptionally cruel or exceptionally depraved' would be prosecuted as child torture, and require mandatory prison time. HB430 is aimed at curbing espionage on Utah military installations, designating bases as off-limits for food delivery services. Lawmakers say foreign nationals, posing as food delivery drivers, have been trying to access military bases around the country to conduct surveillance. HB405 created new mandatory minimum sentences for human trafficking, a first-degree felony. Now, anyone guilty of the crime will face a minimum of 10 years in prison; if the victim is younger than 14 years old, the minimum sentence would be 15 years. HB65 expands the list of cancers tied to service as a firefighter and makes cancer screenings more available for firefighters. As the session progressed this year, it was clear the House and Senate had their differences. A number of crime and public safety-related House bills ultimately failed in the Senate, and vice versa. That includes: HB143 would have established a week in February where Utahns could buy firearm safety equipment, like a gun safe or trigger lock, without having to pay sales tax. HB133 would have made a number of incremental changes to the state's gun laws. But controversy over allowing 18-year-olds to open carry a loaded firearm ultimately sank the bill in the Senate. HB132 was intended to curb unintentional shootings, creating a misdemeanor offense for adults who fail to secure their firearms if their children then go on to use the firearm in a crime. The Utah Domestic Violence Coalition lobbied for $1.4 million in annual funds for various domestic violence shelters and service providers, and an additional $260,000 to help law enforcement conduct exams for victims in strangulation cases. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
08-03-2025
- Politics
- Yahoo
‘Control' center stage as 2025 Utah Legislature comes to a close
The Capitol in Salt Lake City is pictured at dusk on the last night of the legislative session, Friday, March 7, 2025. (Photo by Alex Goodlett for Utah News Dispatch) The Utah Legislature's 45-day session came to an end Friday at midnight — capping off a session underscored by a glaring theme: control. Throughout the session, Republican lawmakers sought to flex their muscles and extend legislative power over a wide span of policy areas — and even over other branches of government. They included efforts to exert control over the judiciary. Control over public unions. Control over higher education. Control over transgender students. Control over cities and counties — especially the state's Democratic capital of Salt Lake City. Control over voting by mail and elections. Control over energy development. Even control over what kind of flags can or can't fly, not only in classrooms but also on city or county properties. Some of these efforts succeeded — while others were either watered down through negotiations, were abandoned or did not survive. Controversial bill to create powerful new state agency is dead (for now), senator says Still, the session left Democrats shaking their heads. 'Yeah they've watered down bills, but why do we have the bills in the first place?' House Minority Leader Angela Romero, D-Salt Lake City, told reporters this week. 'Why are we telling Salt Lake City what to do? Why aren't we being more of a partner?' While efforts to insert legislative influence over various parts of the judiciary eventually resolved in a compromise, Romero said lawmakers this year were 'not respecting the three branches of government.' Yes, some of the 'worst bills were fended off,' said Rep. Doug Owens, D-Millcreek. 'But those were not foregone conclusions. There were some hard fights.' Legislative leaders chalked this year's conflicts up to a natural result of a form of government that's built to have tension between different branches — rather than an overstep. They argued many of the contentious issues reached common ground through the legislative process, which at times can be messy. And some lawmakers disputed the control concept entirely, saying it's only natural for lawmakers to want to exert their legislative power. 'I think we pass bills. I don't know how anybody can construe that to (be) control,' Senate President Stuart Adams, R-Layton, told reporters. House Speaker Mike Schultz, R-Hooper, said that's the legislative branch's job — to pass laws — and he argued lawmakers worked fully within their constitutional constraints to enact policy, including bills that impacted the judiciary. 'We stayed within our constitutional bounds on every issue that was brought forward. These are things that the Legislature has the constitutional authority to discuss,' Schultz said. 'That's important. I'm very proud of the way the Legislature came together … and very proud of the way the judiciary came together on those issues.' Sen. Lincoln Fillmore, R-South Jordan, said he gets 'this complaint a lot' — but he bristled at characterizing the session of one that was underscored by the pursuit of control, saying state lawmakers at times clamp down on local governments not to restrict freedoms, but to enshrine them. 'The best kind of local control is an individual and a family, and part of our job is to protect individuals and families from government overreach and interference, either from us or from the locals,' Fillmore said. 'So I always chafe at the framing that if we place limits on the power of political subdivisions of the state government, that that is the Legislature taking control. We are giving individuals the control instead of the government.' But House Minority Whip Jennifer Dailey-Provost, D-Salt Lake City, challenged Fillmore's comment, arguing the GOP-supermajority Legislature focused its energy on freedoms for some — not for all. 'They've paved the way pretty effectively for some people to have a lot of individual liberties but maybe not everybody,' Provost said, adding her Republican colleagues like to talk about preserving freedom, 'but it seems to be targeted to preserve the personal liberties of people who think and look and act and believe and vote like many of the people in this Legislature. And that's not necessarily reflective of the entire state.' During a sit-down interview with the Utah News Dispatch on Friday, Gov. Spencer Cox acknowledged there were 'some fair criticisms' from this year's session as it related to control — and he said he did have concerns, especially when it came to moves against the judiciary. 'I definitely would have vetoed some of those judiciary bills,' Cox said, pointing to at least one in particular — HB512, which would have given legislators a say in judicial retention elections — had it not stalled as it did due to negotiations with the judiciary. But it didn't come to that. After weeks of division, Utah legislative leaders announce deal with judiciary 'That's the process,' Cox said. 'Legislators didn't support that one either. And I think that's a really positive sign of a healthy Republic, a healthy democracy and an opportunity for ideas to work their way through and end up in a better place.' However, Cox added 'I suspect that I will have some vetoes,' though he wouldn't name any. Lawmakers worked all the way up to their midnight cut off Friday night, capping off their $30 billion budget that included a fifth year of tax cuts totaling $127 million, while passing a grand total of 582 bills. That was yet again one of Cox's biggest complaints. 'There are way too many bills. I think I say this every year. But I'm saying it again this year,' he said. 'We have to do something differently.' While debating literally hundreds of bills, here are some of the biggest issues lawmakers tackled this year: Arguably the most controversial bill to pass this legislative session was HB267, which prohibits the state's public unions from engaging in collective bargaining. Cox signed the bill late on Valentine's Day despite mounting calls to veto from thousands of Utah's teachers, firefighters, police officers and other public employees. The bill's sponsors, Rep. Jordan Teuscher, R-South Jordan, and Majority Leader Kirk Cullimore, R-Sandy, tried to strike a compromise with the state's public unions, creating an avenue that still allowed them to collectively bargain, with caveats. But the compromise was ultimately abandoned. Cox, in an interview Friday afternoon, said HB267 stands out as one of the bigger disappointments of the session. 'Didn't love the bill, thought we had a compromise, thought that was done, and then it fell apart at the last minute,' said Cox, telling Utah News Dispatch that he tried to push for a middle ground with unions and lawmakers, but it never materialized. So if he didn't like HB267, why sign it? 'Just because I don't love a bill doesn't mean I veto it. I'm going to sign 100 bills that I don't love,' he said, adding that he decided to sign the bill even though he could have let it become law without his signature because he had already told lawmakers in behind-the-scenes negotiations that he would sign it. The bill takes effect on July 1. After that, a teachers union, for example, would no longer be able to negotiate terms of employment with a school district. Teuscher and Cullimore say it will help protect taxpayer funds while giving a voice to all public employees, not just union members. Unions beg to differ. The bill was protested at every step this session, and now a coalition of teachers, police officers, nurses and other union advocates plan on launching a referendum to overturn the law. Though there were a whopping 59 bills proposed that would have impacted elections, a flagship bill that carried the most substantial changes was HB300 — a bill to require voter ID and to phase out automatic voting by mail by 2029. The Utah House and Senate gave final approval to HB300 on Thursday after it went through a roller coaster of alterations. It was one of the biggest examples of legislation that started out extreme in the House, but by the time it made it through the Senate it was dramatically scaled back. Utah Legislature approves bill to require voter ID, phase out automatic voting by mail by 2029 Its first iteration would have restricted voting by mail and required most Utahns to return their ballots in person at either a polling place or a drop box manned by at least two poll workers while showing their government-issued ID. But by the time it reached final passage, it became a bill that instead would require Utah voters to write the last four digits of their ID on their ballot's return envelope beginning in 2026 and slowly phase out Utah's current automatic vote-by-mail system, setting a deadline of Jan. 1, 2029 for Utahns to opt in to receiving a by-mail ballot. Democrats and pro-democracy groups decried it as setting an unnecessary expiration date on Utah's popular election system that automatically sends ballots in the mail to registered voters, while Republicans supported it as an effort to increase election security while maintaining convenience. By the end, Cox said he was 'very supportive' of it. While polls show that Utahns are overwhelmingly confident in Utah elections, Cox also said at the same time there has been an 'erosion of trust in elections.' The bill also came on the heels of a divisive presidential and gubernatorial election that brought more scrutiny on Utah elections than ever before. 'I believe there are people here in Utah who know better, who have lied about elections, and have destroyed that trust in elections,' he said. 'But it doesn't matter who did it or why they did it. It has happened. And so I think it's really important for us to help restore trust in elections.' Lt. Gov. Deidre Henderson said even though it was a challenging session, 'I actually feel like my office did pretty well.' 'I'm very happy to say that we saved vote by mail,' Henderson said. 'That's a big deal.' One of the most high profile and divisive issues of the session was an onslaught of bills that, in their original forms, would have collectively exerted an unprecedented level of legislative involvement in Utah's judiciary. Utah's legal community — including even Utah Supreme Court justices — forcefully pushed back. Chief Justice Matthew Durrant even called it a 'broad attack on the independence of the judiciary.' 'Revenge streak': Utah Bar opposes flurry of bills flexing legislative influence on judiciary But after Durrant met personally with Republican legislative leaders, lawmakers and Utah's judiciary struck a deal. The most concerning bill, HB512 — which would have given legislators a say in judicial retention elections — would not move forward. However, another — SB296, which would let the governor and the Senate pick the Utah Supreme Court's chief justice rather than the court's five justices — advanced. The House gave final legislative approval to that bill Friday. Even though for weeks the judicial bills sucked much of the air out of Capitol Hill, by the end of the session most of the controversy fizzled. After an audit revealed that a few programs in Utah public universities were 'inefficient,' enrolling and graduating under 20 students across the entire system, legislative leaders made a commitment to make cuts in some of those underperforming degrees and allocate that funding to expand high-demand programs. Democrats and even some Republicans worried this would mean a substantial overhaul of liberal arts in Utah schools. There were also members of the minority caucus who agreed with the budget changes that were approved. 'I do love the idea that we prepare students for the workforce, but I also am a little bit concerned that we're blurring the distinction between a technical college and a university, and what makes a university different,' North Ogden Republican Sen. John Johnson said in an appropriations discussion in January. Ultimately, HB265, which provides instructions to the Utah Board of Higher Education on the reallocation process, establishes a multi-year system to cut 10% of budgets for courses in public colleges and universities. Schools can choose whether to make reductions on staff, or increase operational efficiencies, said Rep. Karen Peterson, R-Clinton, the bill sponsor. The legislation passed on Wednesday and is waiting for the governor's signature to become law. With schools advocating to limit the size of the reallocations, the Legislature agreed to mandate a $60 million cut in total among all universities and add it to a 'strategic reinvestment account.' Colleges and the Utah Board of Higher Education will now have three years to implement a reallocation plan to get back the ongoing $60 million. Most Democrats voted against the bill. However, Dailey-Provost whose district includes the University of Utah campus, said that while she still had concerns, she supported it because she's 'cautiously optimistic' that universities will get it right and university leadership will be able to address 'very real problems,' like skyrocketing tuition. There was also a big push for unconventional educational paths, with the establishment of a first credential program and state-sponsored expansions on 'catalyst centers' to boost technical education for students interested in trade careers. Both bills passed in the last week of the session. With the announcement of Operation Gigawatt last fall, Cox and legislative leaders made public their intentions to pursue a nuclear energy future, promising an energy-heavy session. While Utah probably won't see the fruits of a nuclear reactor in the next couple of decades, the Legislature passed HB249, the flagship nuclear energy bill of the year. The legislation establishes the Utah Energy Council and sets guidelines for cities and counties to designate 'electrical energy development zones.' The bill initially had a smooth run, until the Senate updated it to make collaboration between the new council and municipalities on energy projects an option and not a mandate. That was a hard line for cities and counties, said Brandy Grace, chief executive officer of the Utah Association of Counties, since it would have taken away their seat at the table to negotiate land use authority and property tax. Ultimately, after lengthy discussions, the Senate and House resolved the issue, granting cities and counties their request for a mandate, but denying Democrats' quest for representation in the council. 'We've come to the party, we made a good decision,' Albrecht told the House before the last vote. 'It's a great bill, we're going to enter the nuclear generation.' But, with the expansion of opportunities for nuclear came limitations for intermittent renewable resources, such as solar and wind. Some of those bill proposals were softened from original stricter versions. Lawmakers ultimately approved HB378, which would levy a substantial tax for wind and solar, while HB241, a bill to remove incentives for solar power projects, didn't get a Senate hearing. A big proposal drafted during the interim session and meant to address high electricity prices by eliminating how Rocky Mountain Power funds its Energy Balancing Account, a market adjustment fee covered by ratepayers that can be used to make up for the utility's deferred costs, didn't even receive a Senate committee hearing, despite being one of legislative leaders' priorities. Every year, lawmakers grapple with how much they should or shouldn't exert their control over localities. But this year, the debate was especially prominent. Their favorite target? Salt Lake City — the state's Democratic capital that's often referred to as island of blue in a sea of red. Before the session even started, Cox and legislative leaders made it clear they wouldn't be taking it easy on Salt Lake City Mayor Erin Mendenhall as frustrations about homelessness, drugs and crime in her city boiled over. In a December letter, they demanded she come up with a plan — or else they would intervene. Mendenhall answered their call, unveiling a multi-pronged plan and directing her police department to immediately act. Still, Republican lawmakers filed a bill that would have originally taken a forceful stance, threatening to withhold state funds if Salt Lake City leaders didn't formally partner with the state to police camping and drugs. 'Fed up': SLC mayor answers Utah leaders' call for plan to 'restore public safety' However, after negotiating with city leaders, HB465's sponsor, House Majority Assistant Casey Snider, R-Paradise, proposed a watered down version that still requires Salt Lake City police to enter into an agreement 'related to public safety concerns' with the state Department of Public Safety by July 1, but without the threat of withholding state funds. The new version of the bill — which received final legislative passage late Friday night — also included a provision to allow the state to 'use eminent domain to condemn unincorporated property owned by' Salt Lake City 'for the public use of constructing a new facility on the land for homelessness services.' That eminent domain power could be used to help the city and state site a 30-acre property meant to host a 'transformative campus' to increase Utah's emergency homeless shelter bed capacity by up to 1,200 beds. In a separate but related effort, lawmakers also exerted pressure on Salt Lake County to jail — and hold — more criminal offenders. HB312, which won final legislative approval on Wednesday, sets limits on when sheriffs can release inmates due to overcrowding, among other provisions. Salt Lake County leaders were also pressured to raise taxes in order to expand their county's jail capacity, which hadn't been expanded in more than 24 years, all while the county's population has increased by 300,000 people. Other bills exerted control over Salt Lake City, including SB195, which inserted the Utah Department of Transportation's oversight over Salt Lake City's ability to manage its own streets. And lawmakers even restricted what flags city or county governments can or can't hang on or in their own buildings by passing HB77, which has special implications for Salt Lake City because it hosts the Utah Pride Festival and Pride Parade every year at Liberty Square SUPPORT: YOU MAKE OUR WORK POSSIBLE
