Latest news with #KatieMcKellar
Yahoo
23-05-2025
- Business
- Yahoo
Analysis: Upwards of 80K Utahns could lose health insurance under ‘big, beautiful' bill'
A supporter wears an "I love Medicaid" button during a news conference held at Pioneer Park in Salt Lake City on May 6, 2025. (Katie McKellar/Utah News Dispatch) Though the full ramifications of the 'big, beautiful' tax and spending bill that narrowly passed the U.S. House this week are still murky — especially since the bill is likely to change as it makes its way through the Senate — the bill as currently written could jeopardize health insurance for tens of thousands of Utahns. Plus, states including Utah would need to grapple with an estimated $625 billion in cumulative Medicaid cuts over 10 years from work requirements, stricter eligibility rules and a pause on provider taxes — changes that would likely lead millions of Americans losing Medicaid coverage. On Friday, officials from the Utah Department of Health and Human Services told Utah News Dispatch they did not have state-specific estimates available detailing the potential impacts of the still-evolving federal budget reconciliation package on Utah's Medicaid program because it's still a 'moving target.' U.S. House Republicans push through massive tax and spending bill slashing Medicaid However, according to the health policy outlet KFF, the bill could result in an estimated $381 million loss in federal Medicaid dollars for Utah. The outlet used Congressional Budget Office (CBO) estimates to unpack the potential state-by-state impacts of a $625 billion federal cut to Medicaid in an analysis posted last week. 'Cuts of $625 billion will force states to make tough choices: maintain current spending on Medicaid by raising taxes or reducing spending on other programs; or cut Medicaid spending by covering fewer people, offering fewer benefits, or paying providers less,' KFF reported. The vast majority of the cut would come from three sources: work requirements mandating that adults who are eligible for Medicaid expansion must meet work and reporting requirements (estimated to save $300.8 billion as people become ineligible), repealing the Biden administration's rule simplifying eligibility and renewal process (estimated to save $162.7 billion) and setting a moratorium on new or increased provider taxes (estimated to save $86.8 billion), accordion to KFF. It depends on what states decide to do to respond to the cuts, but in another analysis posted Tuesday based on CBO estimates, KFF estimated the changes to Medicaid and the Affordable Care Act Marketplaces could increase the number of people without health insurance across the nation by 8.6 million. Additionally, when combined with the effect of the expected expiration of the Affordable Care Act's enhanced premium tax credits, the CBO expects 13.7 million more people will be uninsured in 2034, according to KFF. 'Anticipating how states will respond to changes in Medicaid policy is a major source of uncertainty in CBO's cost estimates. Instead of making state-by-state predictions about policy responses, CBO estimates the percentage of the affected population that lives in states with different types of policy responses,' KFF noted, adding that states may choose to implement work requirements that are easier or harder to comply with, which would impact enrollment. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX So KFF's analysis included a range of enrollment impacts varying by plus or minus 25% from a midpoint estimate. Based on the budget reconciliation bill's changes to Medicaid, Utah is projected to see its uninsured population increase by a mid-range estimate of roughly 65,000 — somewhere between 49,000 on the low end and up to 81,000 on the high end, according to the analysis. When combined with the expected expiration of the Affordable Care Act's enhanced premium tax credits, KFF estimated that Utah's uninsured population could increase by even more — roughly 150,000, or a 4% increase. That estimate could vary between 110,000 on the low end or up to 190,000 on the high end, according to KFF. Other states would see bigger impacts than Utah, where about 350,000 total Utahns enroll in Medicaid. About half of the 13.7 million more people who would be uninsured under both policy changes live in Florida (1.8 million), Texas, (1.6 million), California (1.5 million), New York (800,000), and Georgia (610,000). Utah health advocates who have been watching the budget reconciliation bill's progress expressed deep disappointment in its passage out of the House. 'I've yet to meet any Utahn who said that when they voted in November, they were looking for which candidate was most focused on kicking as many people off Medicaid,' said Stephanie Burdick, an advocate with the newly-formed Protect Medicaid Utah Coalition. 'Yet here we are,' Burdick said. 'The U.S. House of Representatives passed a bill that could force almost 80,000 Utahns off their health insurance.' The proposed federal cuts also come as Utah state officials — anticipating the Republican-controlled White House and Congress' appetite to implement work requirements on Medicaid — are considering a waiver to impose work requirements on Utah's adult Medicaid adult expansion population. About 75,000 Utahns have enrolled in Utah's Medicaid expansion program, an estimated 7,500 (10%), would not qualify for an exemption and be subject to the work requirements. That means that if they don't start working or submit documents showing they're applying for at least 48 jobs during a three-month period, they could lose their medical coverage. Between Utah's proposed work requirements and the proposed federal Medicaid cuts, Burdick said state officials and federal politicians in D.C. are 'both deadset on one thing: increasing the number of uninsured Utahns and squeezing more time and more money out of working families.' 'How is this aligned with Utah values?' Burdick said, urging Congress to 'go back to the drawing board and find ways to increase access and affordability to health care for all Americans and this is the opposite.' Advocates sound alarm as Utah looks to impose work requirements on Medicaid expansion Nate Crippes with the Disability Law Center, also a member of the Protect Medicaid Utah Coalition, issued a statement saying health advocates 'remain concerned about the devastating impact of the billions of dollars in Medicaid cuts on Utahns with disabilities.' 'Numerous provisions in this bill would be harmful to the disability community, including a work requirement that penalizes Medicaid beneficiaries for losing a job, and will strip health coverage from millions nation-wide, including many Utahns,' Crippes said. He added that given the focus on people enrolled in Medicaid expansion, 'we are particularly concerned with the impact on those with mental illness and substance use disorder, who make up nearly 60% of the expansion population.' 'We see no beauty in a bill that denies healthcare to millions, shifts costs to the states and the middle class, and weakens our entire healthcare system,' he said. 'So we urge our senators to support the disability community, protect Medicaid, and stop this bill from passing.' President Donald Trump and Republicans in Congress have lauded the bill as needed to curb government spending, cut taxes and provide resources to execute Trump's agenda around immigration, energy production and increased military investment. Democrats criticized the bill as a tax cut that would largely benefit the billionaire class and lead the U.S. to raise its debt limit by $4 trillion. Utah's Medicaid Director Jennifer Strohecker briefed Utah lawmakers this week on the status of Utah's Medicaid program, proposed changes including the state's version of work requirements, and possible impacts from the budget reconciliation bill if it receives final passage. 'Utah has the lowest Medicaid enrollment of every state, but for the 350,000 Utahns that do receive their health benefits through this program, it is a lifeline for preventive care, institutional care when it's needed, physical health, behavioral health,' she told the state Health and Human Services Interim Committee on Wednesday. An estimated 1 in 10 Utahns are enrolled in Medicaid, she said. One in 6 babies are born with Medicaid as their health coverage. In total, Utah's Medicaid program costs about $5.3 billion per year. More than 64% of it is funded with federal dollars, equaling $3.4 billion. About $1.7 in state dollars pay for the rest. 'Counterproductive and cruel': Advocates form coalition to protect Medicaid from federal cuts Lawmakers including Rep. Tyler Clancy, R-Provo, and Rep. Ray Ward, R-Bountiful, asked Strohecker about Utah's proposed work requirement waiver and questioned whether it will lead to Utahns losing coverage due to administrative burdens. 'This was not meant to be an administrative hurdle or a barrier. This was not meant to take people off of the Medicaid program,' she said of Utah's proposal. While Strohecker noted the federal proposal has a 'pretty big dollar figure tied to work requirements as it's proposed, Utah's design did not have that intent.' 'So it is our commitment to look at what are those administrative hurdles, what are those barriers, as it's designed today, and thoughtfully work through those with you all and with our partners at DWS,' she said, noting that Utah's proposal is still being drafted using feedback from public comment. Though the original public comment period for Utah's proposed work requirements waiver was initially scheduled to end Thursday, state officials told Utah News Dispatch they decided to extend it through June 2, with one more public hearing scheduled for Tuesday. 'We have received a lot of helpful feedback and will consider those recommendations before submitting the request to (the federal government) within a month or two of closing the public comment period,' a Utah Department of Health and Human Services spokesperson said in an email. However, Strohecker noted that Utah's waiver and the federal mandates included in the budget reconciliation package are two different proposals. The proposed federal mandated work requirements would require Americans to 'complete work requirements before you ever get Medicaid.' The federal proposal has the potential to risk loss of health coverage for tens of thousands more Utahns than the state's work requirement waiver, as currently drafted. Additionally, if Congress approves the bill as currently drafted, it included a provision that would penalize states that expanded coverage for immigrants by reducing the federal Medicaid matching rate for the Medicaid expansion program from 90% to 80% for states that either provide health coverage or financial assistance to purchase health coverage to certain groups of immigrants. 'I have a hard enough time': Utahns urge state not to impose work requirements on Medicaid Last year, Utah started offering health insurance to noncitizen children through its State Children's Health Insurance Program, or CHIP. As of last week, 1,317 children were enrolled in that program, which has the capacity to cover up to 2,000 kids, according to the state's website. Strohecker said that if the federal government penalizes Utah for its CHIP program and reduces its state match from 90% to 80%, that would trigger a law to 'terminate' Utah's adult Medicaid expansion program. She said lawmakers may need to consider what to do about that. That may include repealing the state's CHIP program for 2,000 kids in order to save Utah's Medicaid expansion program, which covers 75,000 adults. Rep. Steve Eliason, R-Sandy, acknowledged the federal bill is 'constantly evolving,' so state leaders will need to watch what happens, but he said 'assuming this bill passes, if this provision is left in there,' lawmakers may need to repeal CHIP. 'I think it's a really simple policy call, myself, that we need to sunset the (CHIP) program that would trigger the 10% penalty as well as our trigger law, because that would be a domino effect,' Eliason said. 'This is not making a policy comment on the underlying legislation, it's just that our hands would be tied, and it would be, I think, the greatest good for the greatest number.' Senate Minority Leader Luz Escamilla, D-Salt Lake City, also acknowledged that the federal budget package is a 'moving target, so who knows what it's going to look like in the next week.' But she asked whether the Utah Legislature would need to convene in a special session to deal with fallout if the bill receives final passage before lawmakers' next general session in January. Strohecker said that's a possibility. 'We've been keeping a very close eye on this legislation,' she said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
24-04-2025
- General
- Yahoo
Once a Motel 6, Utah's long-awaited family shelter is about to open
Utah homeless leaders celebrate the ribbon cutting for Utah's first Family Interim Non-Congregate Housing Facility, or FINCH, in South Salt Lake on April 23, 2025. (Katie McKellar / Utah News Dispatch) Tears welled in Michelle Flynn's eyes as she told a crowd of onlookers how for years Utah's only family homeless shelter in Midvale has operated at max capacity — at times having to turn parents and their kids away. 'Our team members know better than anyone what it means to tell a family with children that we don't have any room for them,' said Flyyn, executive director of The Road Home, one of the state's largest homeless shelter operators. Until recently, the 300-bed Connie Crosby Family Resource Center in Midvale has been the only emergency shelter in the state exclusively for families with children. The dorm-style facility has been overrun — unable to keep up with the growing number of Utah families experiencing homelessness. Since 2022, upwards of 75 families at a time in the Salt Lake area have been on waiting lists to get into emergency shelter, resorting to living with relatives, friends, or in cars or tents, according to The Road Home. But soon, there will be another place for struggling families to go. On Wednesday, Flynn and other state and local leaders celebrated the ribbon cutting for the Family Interim Non-Congregate Housing Facility, or FINCH for short. The new facility — expected to begin housing families in early May — marks the state's first ever emergency shelter offering private rooms for families. Previously, the property at 315 W. 3300 South in South Salt Lake functioned as a Motel 6. Now, it will house up to 85 families, and has a maximum capacity of up to 400 people — though on average, depending on family sizes, it's expected to house an average of 72 families and 340 people. 'I want to make sure that everyone knows that the FINCH is not just a facility. It's a reflection of our community values and ensuring that children and families are not on the street,' said Laurie Hopkins, executive director of Shelter the Homeless, a nonprofit dedicated to reducing homelessness in Utah and the owner of the property. In 2023, the number of Utahns in families experiencing homelessness increased by a striking 27% in three years— up from 5,520 individuals in 2020 to 7,033. That included 3,748 children, according to a 2024 report by the Utah Office of Homeless Services. Emily Wegener, general counsel for Utah Associated Municipal Power Systems and a member of The Road Home's board, said that during her time volunteering at the Midvale family shelter, she's seen 'firsthand some of the challenges that congregate shelter' poses for families. Family homelessness is a growing problem in Utah. What should be done? 'Some families are able to face that challenge of congregate shelter better than others,' she said. 'In some cases, it causes families to bounce back and forth out of shelter to friends' couches, other shelters, and creates even more instability for children.' So Wegener said she's 'thrilled' to see FINCH open to fill an unmet need for Utahns and their kids experiencing homelessness. Each family staying at FINCH will have their own private room with beds, a bathroom, a mini microwave and a fridge. The main building also offers common areas, including a dining room — providing three meals a day — a play room, laundry room, and an outdoor area for pets. It also offers on-site case workers to help connect families with resources including schools, jobs, health care, and other needs while providers work to find them a solution for permanent housing. Wegener said FINCH is needed now more than ever, not just because the Midvale shelter is full, but because Utah's high housing prices continue to squeeze families. 'It's really difficult to afford a place to live in Utah,' she said, adding that a two-bedroom apartment averages $1,390 a month. 'For one person making minimum wage of $7.25, that is the same as 148 hours a week, or 3.7 full-time jobs. So even for two parents, it's pretty much impossible to have a two-bedroom apartment if you're paying market rate.' Families, according to The Road Home, will be admitted to the facility on a referral basis through Salt Lake County's coordinated entry process, which is managed by the Salt Lake Valley Coalition to End Homelessness. It's been a long road for FINCH, taking years of financial and political wrangling to become a reality. Shelter the Homeless purchased the former motel all the way back in April 2023 for $14 million, which included $10 million from the state, plus another $1 million in state funding for remodeling, according to Hopkins. She said another $1 million from The Church of Jesus Christ of Latter-day Saints, plus other private donors and money from Salt Lake County, made up the rest Last December, the South Salt Lake City Council voted to approve FINCH's zoning, one of the last hurdles for the shelter to open. It wasn't until earlier this year that the Utah Legislature set aside $3.9 million in ongoing funding to pay for its operations. That's still short of the $5.8 million needed to fully fund it year to year, but Hopkins said Shelter the Homeless will be looking to fill that gap with other public funds and private donations, which she said she's confident will come through. 'The philanthropic community, I think, will step forward and has indicated they're interested in supporting us. I think Salt Lake County is another possible avenue for us,' Hopkins told Utah News Dispatch, though she added that she's grateful for the money the Utah Legislature appropriated. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'Really, there's been so much government funding that came into this project to get it up and running, and that was really important,' Hopkins said. 'The state, city, county, they all had to invest in this to help us with getting families off of the street.' South Salt Lake Mayor Cherie Wood joined Wednesday's ribbon cutting ceremony for the FINCH. As did billionaire Gail Miller, owner of Larry H. Miller Company and Utah's wealthiest person. She serves on Shelter the Homeless' board, along with Josh Romney, CEO of The Romney Group, a development company. Romney, who shared remarks during Wednesday's celebration, said 'two women in particular were instrumental' in making the FINCH a reality. He pointed to Wood — for being willing for her city to host another homeless shelter — and Hopkins, for urging state and local leaders to recognize the need for another family shelter. 'Two years ago, (Hopkins) came to our board and said, 'We need another family shelter, and we need to find it now,'' said Romney, who is also the son of former Sen. Mitt Romney, R-Utah. 'She worked tirelessly to find the site and work to put the funds together to make this happen.' Also crediting Wood, Romney said 'it's always a challenge when you have a homeless shelter in your city.' 'Most cities say no. Mayor Wood is one of the few mayors in this state who says yes, and she makes things happen,' Romney said. Wood called the FINCH's opening 'exciting.' 'This new shelter demonstrates what's possible when people come to the table with 'yes' in their heart, and we figure out hard things,' the mayor said. Wayne Niederhauser, state homeless coordinator, also attended the ribbon cutting. He joked that when Gov. Spencer Cox appointed him to the role four years ago, 'I thought things would happen faster,' drawing laughs from the crowd. He said facilities like FINCH 'are very complicated and challenging.' 'But they're worth it.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
27-02-2025
- Politics
- Yahoo
‘A broad attack': Utah's judiciary fights bills threatening its independence
Chris Peterson, a law professor, speaks during a press conference defending judicial independence at the Utah Capitol in Salt Lake City on Feb. 26, 2025. (Katie McKellar / Utah News Dispatch) Tensions between Republican lawmakers and the Utah Supreme Court boiled over this week in the public arena — showcasing not just a frustration with the court's rulings, but also damaged relationships. Additionally, Utah's legal community has come out in force against a flurry of bills aimed at exerting legislative control over Utah's judicial branch of government. More than 900 attorneys signed on to a letter issued to the Utah Legislature on Tuesday, calling on lawmakers to reject all the bills legal professionals say are threatening to inject legislative influence over the Utah judicial branch of government. The developments this week come as Utah lawmakers have waged what even Utah Supreme Court Chief Justice Matthew Durrant described during a Judicial Council meeting on Monday as a 'broad attack on the independence of the judiciary.' 'Revenge streak': Utah Bar opposes flurry of bills flexing legislative influence on judiciary Utah's Republican legislative leaders say the bills are not meant to be an 'attack' on the judiciary, but rather an effort to increase 'transparency' and 'accountability' in a branch of government that they worry has become disconnected from Utahns. Comments from lawmakers in recent committee meetings also indicate some lawmakers are frustrated with the Utah Supreme Court's 'productivity.' However, a leader of Utah State Bar has said the issue boils down to a 'revenge streak,' after the Utah Supreme Court issued two opinions that angered Utah's Republican lawmakers — one that sided with plaintiffs in an anti-gerrymandering lawsuit, and one that upheld an injunction blocking the enforcement of Utah's near-total abortion ban. And on Monday, Utah Supreme Court Justice Paige Petersen said it's 'obviously retribution.' At least eight bills have caught the ire of Utah attorneys — all opposed by the Utah State Bar — that in various ways 'threaten to attack, manipulate, retaliate, and control the Utah judiciary, which will harm Utah citizens on both sides of the aisle,' the letter from the attorneys says. 'We cannot stand idly by and allow democracy to be so weakened,' the letter adds in bold. A bipartisan group of Utah attorneys and other legal professionals, including some who signed onto that letter, held a news conference on the steps of the Utah Capitol on Wednesday to urge lawmakers to reject the bills and to call on Cox to veto any that hit his desk. 'As a society, all across the country right now, this trend of attacking our independent judiciary is not limited to Utah alone,' said one of the speakers, Chris Peterson, a University of Utah law professor. 'It's part of a trend of disinformation, conspiracy theories, private vendettas, tribalism, and even corruption that seems to be overtaking some of the most important institutions in our society.' The frustration has crossed party lines. A Republican legislator who hasn't shied away from at times opposing bills sponsored by his GOP colleagues in the Senate, Sen. Daniel Thatcher, R-West Valley City, stood next to reporters and tossed out a question during Wednesday's news conference, asking if Utah's judiciary had taken such a strong stance on legislation in the past. 'I don't think I've ever seen the judiciary branch weigh in on legislation,' Thatcher said. 'Can anybody give me a time when the judiciary has stepped out like this and said the Legislature is out of balance?' Despite experts' warnings, bill to give Utah lawmakers a say in judge elections advances 'Senator, I think it's unprecedented,' said Kent Davis, an attorney and a Salt Lake County Republican Party delegate. It's a remarkable and defining issue of the 2025 Utah Legislature, which has rarely seen such an outpouring of opposition not just from Utah's legal professionals, but also such forceful statements from members of the Utah Supreme Court — which typically remains neutral on legislation. Of the eight bills opposed by the Bar, Utah's judiciary has taken a position of opposition on two of the most concerning bills — both of which are sponsored by influential Republican legislative leaders. They include: HB512, sponsored by House Majority Whip Karianne Lisonbee, R-Clearfield. This bill would create a new body — called the Joint Legislative Committee on Judicial Performance, made up of appointed lawmakers — that would have the power to evaluate hand-picked judges based on no set standards in public hearings. It could also vote to recommend — or not recommend — a judge for retention, and that recommendation would be printed directly on the ballot next to the judge's name. SB296, sponsored by Senate Majority Whip Chris Wilson, R-Logan, which would change how Utah's Supreme Court chief justice gets picked. Rather than the Supreme Court justices electing their chief justice among themselves, the bill would give that responsibility to the governor, subject to a confirmation hearing in the Senate. Additionally, the bill would require the chief justice to be reappointed and confirmed every four years. During a Judicial Council meeting on Monday, members of the Utah Supreme Court aired their frustrations with Utah lawmakers — a rare move for justices sitting on Utah's top court — as they debated how to deal with the slate of bills targeting the judiciary. Justice Paige Petersen had scathing words for one bill in particular, SB296, which would change how the Utah Supreme Court chief justice is picked. 'My preference is kill this silly bill. There's absolutely no reason for (the governor and lawmakers) to be meddling in how we pick the chief justice,' Petersen said during Monday's Judicial Council meeting, urging her colleagues to take a public position to oppose the bill. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX It's unusual for the judiciary to take positions on legislation — and it's even more rare for justices to share such strong words about proposed legislation. But Petersen said it's 'clearly part of a suite of bills that are trying to take aim at judicial independence … and put it under legislative control.' An audibly frustrated Petersen encouraged the council to take a stronger position of opposition against the Legislature's actions this year rather than staying neutral, even as delicate negotiations play out. This year, the judiciary should do more to stand up for itself, she said. 'It seems like our approach is, can you please just punch us in the stomach instead of punching us in the face and (we'll) be happy and neutral about it,' Petersen said. Petersen also pointed to other bills proposed to raise the vote threshold for judicial retention elections to 67% and one that a member of House leadership is exploring to expand the number of Utah Supreme Court justices. She said the Utah State Bar — which has strongly opposed at least eight bills this year and has issued multiple news releases publicly characterizing them as threats to the judiciary's independence — has been 'out there saying this is unacceptable, and we're saying, 'Oh, we're taking you in good faith.'' Lawmakers aren't 'just trying to solve problems,' Petersen said. 'No, it's retribution. It's obviously retribution, and I'm not sure why we're not saying that,' she said. Durrant, though he took a more tempered tone, said Petersen 'makes excellent points.' He applauded 'how strategically' the Judicial Council's legislative liaison committee had been approaching discussions with lawmakers, and that the 'natural inclination' is to take positions on bills individually. However, Durrant agreed that lawmakers appeared to be waging a broader attack. 'I view it as a broad attack on the independence of the judiciary,' he said. Durrant acknowledged that Wilson's bill likely wouldn't affect him as the current chief justice, but he said it would likely impact future members of the Utah Supreme Court. And he pushed back on the characterization that it would follow the same model as the U.S. Supreme Court, which doesn't require reconfirmation hearings every four years. 'That element to it is an attempt to influence and exert legislative control over the chief justice,' Durrant said. When asked about Petersen and Durrant's comments about lawmakers' actions this session, Senate President Stuart Adams, R-Layton, told reporters on Tuesday, 'I see it differently.' 'I think we're trying to make good policy up here,' he said. Adams also told reporters Wednesday that as the bills make their way through the legislative process, they'll be refined, and it remains to be seen which bills survive the session. 'We're trying to knock the rough edges off, get all the input,' Adams said, adding that 'we welcome' input from the public, the judiciary and other attorneys. Adams, however, also spoke favorably of Wilson's bill, arguing 'there ought to be a little bit of a check on the judge every four years.' While Adams said he's not supportive of making judges elected, he said he thinks Wilson's bill hits a middle ground 'that makes sense.' In a Senate Judiciary Law Enforcement and Criminal Justice Committee hearing Tuesday night, Wilson changed his bill — which would have also required a new appointment process for presiding judges for the Court of Appeals — to only apply to the Utah Supreme Court chief justice. Wilson argued his bill would mirror the federal model, noting that when a vacancy occurs in the U.S. Supreme Court, the president is responsible for nominating a replacement, then the Senate confirms or rejects the nomination. 'Involving the executive and legislative branches ensures that the system of checks and balances is utilized as our Founding Fathers intended,' Wilson said. 'The process helps preserve the fairness and impartiality of the judiciary, preventing any one branch from gaining undue influence.' Wilson said his bill would also allow Utahns to participate in Senate confirmation hearings, 'offering a platform for citizens to voice their opinions on who will be the chief justice and ask questions about the nominee's record, promoting trust in the judicial system.' 'Ultimately, this balance between executive authority and legislative oversight ensures the citizens play a direct role in shaping the state's judiciary,' Wilson said. Michael Drexel, assistant state court administrator at the Administrative Office of the Courts, told lawmakers the judiciary is opposed to SB269, but he added 'I want to be really careful about why that is.' The Utah Constitution does give the Legislature the ability to choose how the chief justice is selected, Drexel acknowledged. But just because lawmakers can, that doesn't mean they should, he said. 'Our opposition is based on our concern that this is an unwise use of that ability to craft the chief justice selection process in this way,' Drexel said. 'The justices of the Supreme Court know best who can lead them, who can administer and attend to those functions.' The chief justice serves an important role within the judicial branch as the presiding council of the judicial council, which administers the judiciary, he said. The chief justice delivers the State of the Judiciary speech each year and acts as the 'voice of the judiciary on legislative matters.' 'As a result, what we end up with is an opportunity, I think, for the political pressure to be exerted on this actor who is so pivotal at the face of the judiciary,' Drexel said. 'We're concerned that that opportunity, that those pressures may end up negatively impacting the ability of the judiciary to function as an independent third branch of government.' Drexel said what's 'most objectionable' is what would make Wilson's bill different from the federal model, by requiring the chief justice to be subject to reappointment every four years. 'I can't think of another instance where an elected official is called before another branch of government in this way,' Drexel said. 'Pressure could be exerted on them to perform in a certain way. That buffer exists in the federal system for the very reason we don't want Congress putting pressure on the chief justice of the Supreme Court of the United States.' Drexel urged lawmakers to either continue to allow the chief justice to be selected by his or her peers, or to at least take out the provision that would require reappointment every four years. When pressed by reporters on whether Wilson would be willing to remove that provision of his bill, the senator said, 'I don't think so,' calling it 'important' because it allows 'our citizens to be able to weigh in.' Also during Tuesday's Senate committee hearing, debate over Wilson's bill illustrated that frustrations between Utah lawmakers and the Utah Supreme Court also boil down to strained relationships. Sen. Brady Brammer, R-Pleasant Grove — a senator who is running multiple bills that are opposed by the Utah State Bar and listed in Wednesday's letter from 900 attorneys — was quick to grill Drexel about Petersen's comment to 'kill this silly bill.' 'Is it the position of the Judicial Council that this is a 'silly bill'?' Brammer asked Drexel. 'No,' Drexel answered. 'Is that just the position of one of the justices of our Supreme Court?' Brammer pressed. 'Those words were said,' Drexel said. Brammer then went on to question whether the Legislature should be a check on the judiciary, to which Drexel said it already is — by controlling its purse strings. Then Brammer criticized the Utah Supreme Court, accusing it of being 'woefully unproductive.' 'In 2023, they were the least productive Supreme Court in America, issuing only 25 opinions. In 2022, they only issued 41,' Brammer said. Last year, the court issued 46 opinions, and this year so far the court has issued one opinion. In 2019, the year before the COVID-19 pandemic, the Utah Supreme Court issued 70 opinions. 'We have some serious concerns as to what they're doing, especially when they come to ask us and ask for money for additional court of appeals judges,' Brammer said. 'So it seems to us that rather than take caseload from the court of appeals, they've come to the Legislature and said, 'We want you to fund our lack of productivity.'' In response to Brammer's allegations, Tania Mashburn, director of communications for the Utah State Courts, issued a lengthy statement on Wednesday saying 'comparing volumes of published opinions between states is not an apples-to-apples comparison.' 'Different courts have different structure and publish different things,' she said, pointing to Wyoming, which has no intermediate appellate court like Utah does, so the Wyoming Supreme Court's opinions often are shorter decisions in less complex cases. Brammer asked Drexel whether the Legislature has any role to play 'in saying we need some leadership with regards to productivity, assignment of cases, taking of cases, things like that?' Drexel said 'of course the Legislature can play a role in that,' but he argued there are other ways to address those concerns, 'including having sit-down conversations and discussions about it.' Brammer said he has asked the judiciary to 'produce data' and discuss the issue, but 'they've still not recognized this as a problem. They believe that everything they're doing is just fine. They don't view this as a problem.' Drexel pushed back on Brammer, adding that 'we did provide data' and had attended a previous committee hearing to discuss the data, but never got an opportunity to speak to the issue. 'Now I understand it took a long time, but we did a heavy lift trying to put together the data so it could be comprehensive and dependable. And so I do take a little bit of umbrage at being criticized publicly for the efforts that we went through to be responsive.' Brammer said the issue also comes down to 'a good working relationship,' noting that while the Utah State Bar opposes many of his bills, they still have open lines of communication. 'Right now, the relationship between the Supreme Court and the Legislature is pretty frayed, pretty broken, and frankly you solve those things by more contact, not less,' Brammer said. 'I don't understand why we should treat the Supreme Court differently on our confirmations and why it is such an offense to come back and talk to the Legislature and be accountable to some degree as to the performance of the judicial branch?' Brammer added. 'Why (is that) such an offensive thing, when we do it for every single executive appointment in the state?' Wilson's bill passed out of the Senate Judiciary Law Enforcement and Criminal Justice Committee on a 4-2 vote, with Democrats voting against. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
30-01-2025
- Politics
- Yahoo
Bill to end collective bargaining for public unions one step closer to law; senator promises changes
Members of Salt Lake City's Fire Department union, Local 81, watch as the Utah Senate discusses a bill that would end collective bargaining for public sector unions at the Utah State Capitol Building on Thursday, Jan. 30, 2024. (Katie McKellar/Utah News Dispatch) A bill to ban public sector unions from collective bargaining is one step closer to becoming law after passing the Utah Senate on Thursday with an 18-10 vote. But the vote came with a promise from the bill's Senate sponsor, Majority Leader Kirk Cullimore, R-Sandy. By Friday, he said the bill will be amended so public sector unions — which represent teachers, firefighters, police officers and other government employees — can still engage in collective bargaining, as long as they get enough support from the employee base. Senate rules require bills to be voted on twice, so the bill still needs to clear one last legislative hurdle before it heads to the governor's desk. Sponsored by Rep. Jordan Teuscher, R-South Jordan, HB267 is shaping up to be one of the most controversial bills this legislative session, drawing widespread backlash from the state's labor groups and seeing broad bipartisan opposition. It cleared the House with a 42-32 vote, and narrowly made it out of a Senate committee with a 4-3 vote. On Thursday, four Republicans joined the Senate's six Democrats to vote against the bill. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX As it stands, the bill eliminates collective bargaining for all public sector unions, the process where a school district, city, county or other entity with public employees meets with a union to negotiate a contract for those employees. Currently, Salt Lake City's fire and police departments, and a number of Utah school districts are the only government entities with employees that collectively bargain, Teuscher said. More than 13,000 people have signed onto a Utah Education Association petition opposing the bill, and public comment during both the Senate and House committee meetings dragged on as teachers, firefighters, police officers and other union representatives voiced their opposition. Since its fire and police departments are some of the only public unions that collectively bargain in the state, the bill would have an outsized impact on Salt Lake City. More than 60% of the city's 4,000 employees are union members, and city mayor Erin Mendenhall on Thursday urged lawmakers to vote no, calling the bill a 'direct attack on the rights of our public workers and their families.' 'This bill would not only harm those on the frontlines but would also erode the values of fairness and respect for hard work that we should be upholding in our state,' she said in a statement. Lawmakers say they have received thousands of emails urging a 'no' vote. Senate Minority Leader Luz Escamilla, D-Salt Lake City, called it a 'direct attack on unions' and Sen. Kathleen Riebe, D-Cottonwood Heights, called the process 'un-American.' To that end, Cullimore said he 'anticipates a substitute' bill by Friday that will allow a public sector union to engage in collective bargaining, so long as more than 50% of the employees in an organization (for instance, a school district) vote to have a union represent them. So if a school district has 3,000 employees, at least 1,501 would have to vote for a union to represent them in negotiations, regardless of whether they are union members or not. Despite opposition, bill banning collective bargaining for public unions advances after tight vote That ultimately won over some of the bill's skeptics on Thursday, who said they were voting 'yes' based on Cullimore's promise of an amendment. 'I trust the good sponsor that he'll follow through and get the provisions in there. And I'll wait. To be honest with you on this version, I'm a hard no,' said Sen. Evan Vickers, R-Cedar City, who, despite his hesitation, voted in support of the bill. 'You may not want to count on me tomorrow, we'll see.' But other lawmakers, most of them Democrats, had reservations about voting for a bill they oppose on the promise of an amendment. 'We are beholden to vote on the bill before us,' said Sen. Kathleen Riebe, D-Cottonwood Heights. 'If our good senator wanted us to vote on the bill that's somewhere in the wings, they would have brought that bill to us today. We cannot vote on a bill that we don't know about. We are not voting on a promise. We are not voting on a compromise. We are voting on what's in front of us.' Teuscher says the bill will level the playing field and allow public employees to have a greater voice. In some cases, a union might not represent a majority of the employees in an organization, like a fire department or school district, yet it negotiates on behalf of everyone. That means some public employees 'really don't have any sort of voice in what their working conditions are going to be,' Teuscher said on Wednesday during a Senate Revenue and Taxation Committee. But that's not how many of the state's labor organizations see it. Collective bargaining is an essential tool in negotiating for better wages, benefits and working conditions, dozens of teachers, firefighters and other public employees have argued. Taking that away would strip unions of their teeth, and make it difficult to advocate for themselves. 'The 6,000 people that work for Granite (School District), the 4,200 that work for Nebo (School District), they're all going to have access to their superintendent 24 hours a day? Is that more efficient?' asked Riebe, herself a teacher and member of the Utah Education Association. Cullimore, in response to some of the criticism toward the bill, accused unions of fearmongering. 'The fear that is being promulgated by the education unions, to rally everybody else against this bill is unfounded,' he said on the Senate floor Thursday, telling his colleagues that it's because unions 'feel threatened.' In addition to the ban on collective bargaining, HB267 would restrict certain government resources from going toward union activity; for example, ensuring taxpayer funds won't pay a public employee for the work they do for a union. Unions also wouldn't get special exemptions for using public resources, like property — if other groups or people have to pay to use a public room or space, so does the union. People who are employed by a union, but aren't actually employed by the entity the union represents (for example, someone who works in an administrative position for a teachers union full time, but isn't actually employed by a school district) would no longer have access to the Utah Retirement System. And the bill would offer professional liability insurance for teachers, which in most cases is only currently offered through a union. Teuscher said that would cost each teacher between $110 to $150 annually. SUPPORT: YOU MAKE OUR WORK POSSIBLE
