The Utah State Bar sent a letter to members on Thursday asking them to contact lawmakers about several pieces of legislation they say could be unconstitutional because "they undermine the fundamental principle of separation of powers."

There are five bills that have raised concerns among Bar members:

  • SB203 – The bill limits who would have standing to bring a lawsuit. The letter says the legislation from Sen. Brady Brammer "attempts to change long-standing common law principles of standing."
  • SB204 – This bill, also sponsored by Sen. Brammer, gives the government the ability to appeal a court ruling that a law is unconstitutional directly to the Utah Supreme Court. The law would also remain in effect during the appeal instead of putting it on hold.

    "It appears to usurp judicial authority by placing the status of the injunction in the hands of the defendant," the letter from the Bar reads.
  • SB154 and SJR4– Both sponsored by Sen. Brammer give legislative auditors the authority to require the disclosure of privileged information.

    "This legislation attempts to govern the practice of law by altering the nature of the attorney client privilege and the ability for a government client to rely on the confidentiality of the communications with their counsel."
  • HB451 – This bill, sponsored by Rep. Jason Kyle, raises the percentage of the vote required for a judge to keep their job in a judicial retention election from a simple majority to 67%.

    "This increased percentage vote would be the highest in the nation. This extremely high threshold will make it difficult to attract and retain qualified judges. This will allow outside and special interests to campaign against judges when they only have to convince 1/3 of the populace to vote against a judge," the Bar letter explains.

New bills that caught my attention

  • SB271 – Sen. Mike McKell is proposing new protections against the use of AI to mimic a person's voice, image or other representations.
  • HB498 - Rep. Andrew Stoddard wants to extend the amount of time sponsors have to collect enough signatures to put a referendum on the statewide ballot from 40 to 60 days.
  • HB500 – This bill, sponsored by Rep. Jennifer Dailey-Provost, adds the Fly Agaric mushroom (Amanita muscaria) to the list of controlled substances. The fungus has hallucinogenic and psychoactive properties.
  • SB277 - Sen. McKell has proposed replacing the State Records Committee with a single attorney appointed by the governor who will decide which government documents the public gets to see and which ones are withheld.
  • SB279 – Sen. McKell wants to add competing in a high school rodeo to the list of "valid excuses" for a school abscense.

Afternoon headlines

How Utahns dispute public records cases will change dramatically under new bill. [Tribune]

Nazi flags can fly in Utah school, but not pride flags, GOP lawmaker says. [Tribune]

Utah won't have a universal school meal program, yet. [Utah News Dispatch]

Bill could make the public criminally liable for bureaucratic mistakes. [Tribune]

Is Utah's growth stabilizing? Not in some counties. [KSL]

Lawmakers want to make it easier to donate to Utah Food Bank. Here's how. [Deseret News]

What's on Friday's agenda?

Morning committee meetings

  • HB414, which creates rules for testing raw milk to determine if it was the source of an illness, is in the House Natural Resources, Agriculture and Environment Committee at 8 am.
  • SB260 to create a "state-endorsed digital identity" for online age verification is set for a hearing in the Senate Government Operations and Political Subdivisions Committee.
  • HB424, which makes some changes to the committee that determines whether transgender athletes can participate in school athletic competitions, is set for the House Judiciary Committee.
  • The House Judiciary Committee will also debate HB76, which eliminates the ability of a court to authorize a minor to get married if there's an age difference of more than four years.

Afternoon committee meetings

  • The House Government Operations Committee will consider HB376, which allows for the National Guard to repay student loans for Guard members.