2013 Legislation Tracker

Updated 3/19/13 - The decisions made by state lawmakers have a lasting impact on our communities. During the legislative session the ACLU of Utah maintains an active presence at the State Capitol tracking and advocating for, or against, bills that raise civil liberties issues to ensure that legislation strengthen, rather than compromise, our constitutional rights.

Below is a list of bills that we actively tracked or engaged on during the 2013 Utah General Legislative Session which ended on Thursday, March 14. We have included some information about each bill and any action we might have taken in support or opposition to the bill. You may click on the bill link to read the legislation and see the status of the bill.

This is not a final legislative report. We are still compiling information and will be submitting letters to Governor Herbert with recommendations on several bills.

Reproductive Freedom | LGBTQ | Criminal Justice/4th Amendment
1st Amendment | Immigrants' Rights | Participatory Democracy/Voting Rights
14th Amendment/Due Process | Open Government | Privacy & Technology
Equal Protection | Legislative Process | Student/Parental Rights

Reproductive Freedoms

S.B. 39 Parental Responsibility for Sex Education Training, sponsored by Sen. Stuart Reid, requires the State Board of Education to develop and offer instruction to parents with information on health education and human sexuality. It also requires the State Board of Education to develop an instructional curriculum, including materials parents may use to educate their children and report on the program to the Education Interim Committee.

S.B. 60 Abortion Statistics and Reporting Requirements, sponsored by Sen. Margaret Dayton, requires the department of health to compile statistics about women seeking abortions. Some of the information in question includes the reason for seeking an abortion, stage of pregnancy, and the race of the woman seeking an abortion. The are serious concerns that this could lead to challenges to women's rights down the road. (Blog post 2/11/13) SB 60 concerning abortion statistics based on race, was given a favorable recommendation during a committee hearing. The hearing was dominated by an exchange between Sen. Robles and Sen. Dayton over inaccuracies in the bill's language regarding "race and ethnicity." Ultimately, it was agreed that the language would have to be adjusted. While it is well known that the motivation behind the bill is to raise the issue of race and gender selective abortion, it is not at all clear that this is actually a problem in the first place. While there are cases of gender selective abortion in countries such as China, America's gender ratio at birth of 1.05 males for every female indicates that it is not an issue here. Thus, S.B. 60 appears to be a solution in search of a problem at best, and a thinly veiled effort to restrict women's choices in the worst case.

LGBTQ

H.B. 214 Adoption Modifications, sponsored by Rep. Rebecca Chavez-Houck, extends the opportunity to adopt to an unmarried couple that is cohabiting. One of the most important implications of this amendment to the current law, is the protection it would give to same sex couples who wish to adopt.

S.B. 262, Employment and Housing Antidiscrimination Amendments, sponsored by Stephen H. Urquhar, modifies the Utah Antidiscrimination Act and the Utah Fair Housing Act to address discrimination, including discrimination on the basis of sexual orientation and gender identity. (3/6/13) TAKE ACTION: Support Employment And Housing Equality Across Utah SB 262, Employment and Housing Antidiscrimination Amendments, will be heard in committee tomorrow, Thursday March 7, 2013 at 4 pm in Room 215 of the Senate building. Contact members of the Senate Economic Development and Workforce Services Standing Committee and tell them to vote YES on SB 262, Employment and Housing Antidiscrimination Amendments. Read more >> (3/7/13) ACLU Delivers Letter In Support of Equality Bill The ACLU of Utah sent a letter to all of the members of the Senate Economic Development and Workforce Services Standing Committee, in support of S.B 262, "Employment and Housing Antidiscrimination Amendments." This bill would provide protection from discrimination for members of the LGBT community and focus on the need to treat all Utahns fairly and equally. Read the letter (PDF) >>

Criminal Justice/4th Amendment

H.B. 212 Disease Testing for Public Safety Officers Amendments, sponsored by Rep. Derek Brown, aims to protect public safety officers, and others working with prisoners. In the event that an individual is potentially exposed to a pathogen, a court my order the prisoner who led to the exposure to be subjected to a blood test, to determine if the individual is at risk.

S.B. 163 Status Verification System Amendments, sponsored by Sen. Karen Mayne, establishes campaign contribution limits for candidates, judges, political parties, PACs, and other organizations.

H.B 31, Enticing a Minor Amendments, sponsored by Rep. R. Curt

S.B. 52 Game Fowl Fighting Amendments, sponsored by Sen. Gene Davis, Amendments changes regulations regarding the enforcement of laws pertaining to game fowl fighting. There are currently issues with some of the language in the bill that could jeopardize due process.

H.B. 339 House, Indigent Defense in Justice Courts, sponsored by Rep. Brian M. Greene, requires the appointment of counsel for indigents if the offense the person is charged with includes the possibility of incarceration. The measure would help ensure that the rights of these accused are protected and they are given access to counsel for his or her defense.

1st Amendment

H.B. 34, Special Group License Plate Amendments, sponsored by Rep. Val L. Peterson (Blog post 2/20/13) This bill would create a special group license plate reading "In God We Trust", was amended to remove a $25 annual fee that would have been distributed to groups that celebrate "god family and country". As we previously reported, there were concerns over this aspect of the legislation because it would have been in conflict with the establishment clause. Fortunately, the amended version of the bill proved to be a very viable solution to the problem.

S.B. 142 Repeal of Blacklisting Provisions, sponsored by Sen. Daniel Thatcher, repeals a provision prohibiting blacklisting a former employee, and a provision establishing a criminal penalty for blacklisting.

Immigrants' Rights

H.B. 253 Employment Verification Amendments, sponsored by Rep. Dixon Pitcher, would require employers to publicly register whether or not they were using the E-Verify system. Currently H.B. 253 does not appear likely to make it to the floor this session. This is significant, because a failure to pass the bill would allow E-Verify to expire. (Blog post 2/11/13) HB 253 is a bill that would have required the Utah Transparency Advisory Board to report, whether or not a company was in compliance with E-Verify requirements, was tabled in committee. This is welcome news, as it could mean that E-Verify requirements will expire in Utah in 2013. The hearing was noteworthy because of the unprecedented opposition expressed by the business community. With many due process issues, and the potential to lead to a national I.D. card as cause for concern, the expiration of E-Verify would be very encouraging.

H.J.R. 1 Joint Resolution Expressing Support for the Utah Compact, sponsored by Rep. Lynn Hemingway, expresses support for the Utah Compact and its guiding principles. This is a positive development as it recognizes that immigration is a federal issue.

S.B. 225, Immigration Trigger Dates, sponsored by Sen. Curtis S. Bramble, pushes back the date that the Utah Immigration Accountability and Enforcement Act takes effect. The bill is important, as it give the state more time to consider potential problems with the act. (Blog post 3/4/13) S.B. 225, Immigration Trigger Dates, passed out of committee. The bill would push back the date that the Utah Immigration Accountability and Enforcement Act takes effect. The ACLU of Utah supports the move to push back the start date, as it gives the state more time to look at underlying problems with the law. While we maintain that the underlying Guest Worker program is unconstitutional, it seems that moving the date of implementation is a concession by the legislature of our position.

S.B. 163, Status Verification System Amendments, sponsored by Sen. Karen Mayne, addresses the legal status of employees, and the responsibility of employers to verify said status. The bill makes technical changes to the definition of the federal status verification system.

H.B. 320, Temporary Identification Card, sponsored by Rep. Eric K. Hutchings, modifies the Uniform Driver License Act by authorizing the issuance of a temporary identification card.

Participatory Democracy/Voting Rights

H.B. 43, Campaign Finance Reporting by Corporations, sponsored by Rep. Gregory H. Hughes, requires corporations, such as nonprofit organizations to disclose their donors when participating in political activities. The bill raises serious privacy concerns, threatens free speech, and is in conflict with legal precedent. Furthermore, the bill would reduce transparency by driving some organizations to operate through shell corporations. ACLU of Utah Talking Points on HB 43 >> (Blog post 2/26/13) Last week H.B. 43 passed out of committee. As we previously discussed, H.B. 43 has very serious implications as it would lead to less transparency in the political process, while jeopardizing the privacy of individual citizens. As of Monday afternoon of this week, H.B. 43 passed out of the House, in spite of some very pertinent concerns raised during debate. Some of the key concerns raised during the floor debate included; the fact that the bill would chill First Amendment speech for smaller organizations, without sophisticated legal teams, the inevitable formation of countless new "shell corporations" that complicate and obscure the political process, and finally the idea that people exercising their most basic rights will now be subject to retaliation and intimidation. As we have previously reported, we are extremely concerned about the damage this bill could do to our political process in Utah, because of all of these unintended consequences and more. As the bill moves forward, we will be fully engaged with senators to avert the kind of damage that would come with passage of H.B. 43. (Blog post 2/20/13) HB 43 requires organizations to disclose their donors when participating in political activities was removed from the agenda, but was rescheduled for a hearing during week four. Stay tuned for our blog post next week to find out what happened. We have been following H.B. 43 very closely, as it raises issues concerning privacy, and political participation. While the bill is aimed at improving transparency in elections, there is a broad consensus that it will do just the opposite. By requiring organizations to disclose their donors, the bill incentives the use of shell corporations to conceal who is behind a political campaign. Although shell corporations are already used today, H.B. 43 would make them a necessity for any group that wants to participate in the political process and protect its members. To gain a better understanding of why this issue is so important, we can look to what happened in California, where donors' names were revealed after the Prop 8 campaign. In that case, California law required organizations that participated to reveal their donors' information, just as H.B. 43 would in Utah, and the consequences were alarming. With donors' personal information made public, many received threats, suspicious packages in the mail, and endured other forms of intimidation. To this day, eightmaps.com will provide the address of every Californian who donated to a group supporting Prop 8, should somebody want to engage in harassment or political intimidation. Based on this precedent, there are two likely consequences of H.B. 43 becoming law. First, large organizations with access to resources and a good legal team will participate in elections via shell organizations. This will hinder transparency by making it harder for citizens to know who is responsible for ads and initiatives sponsored by ambiguously named shell organizations, instead of the more well known groups that are actually behind their efforts. Second, smaller organizations without the resources and know-how to play the "shell game" will have to choose between abstaining from the democratic process, or potentially exposing their members to harassment and betraying their privacy. The balance between privacy and transparency is always a delicate one in a democracy, and H.B. 43 appears to be bad for both.

H.B. 44S01, Election Polling, sponsored by Rep. Gregory H. Hughes, requires organizations to disclose who funded a poll when one is being conducted. The bill has potential faults such as the broad definition of polling that could lead to unintended consequences. (Blog post 2/11/13) HB 44 would require the disclosure of the person or group who pays for a poll regarding a candidate or ballot proposition. HB 44 passed on the house floor. While the bill is clearly intended to address the issue of "push polling", there are potential problems with its implementation. Because the definition of a poll is worded so broadly, scenarios as benign as a conversation between two people could be covered under the new regulation. Additionally, the bill will almost certainly not achieve its goal of promoting transparency, as organizations can easily use shell corporations to pay for polls with which they do not wish to be associated. (Blog post 3/4/13) H.B. 44 imposes regulations on organizations that conduct polls in an effort to fight “push polls” . Unfortunately, the bill is written in a way that allows push polling to continue through various loopholes, while organizations with legitimate purposes are potentially harmed. The ACLU has concerns with the burden on speech that this the bill will create if signed. H.B. 44 has now passed both chambers and is awaiting Governor Herbert's signature. We will encourage a veto of the bill. (3/20/13) First Amendment Concerns Result In Letter to Gov. Herbert Urging Veto of H.B. 44 The ACLU of Utah has delivered a letter to Governor Herbert asking him to veto H.B. 44, "Election Polling," saying it violates the First Amendment because it compels disclosures that chill political speech. The bill would require disclosure of the person who pays for a poll regarding a candidate or ballot proposition and impose a fine for failure to disclose. Read the letter (PDF) >>

H.B. 64, Felon's Right to Hold Office, sponsored by Rep. Carol Spackman Moss, would prevent sex offenders convicted of grievous crimes against a child from holding a position on a school board, or the state board of education. (Blog post 2/3/13) The ACLU is also following H.B. 64, Felon's Right to Hold Office, being sponsored by Rep. Carol Spackman Moss. If passed, the bill would restrict sex offenders from being elected to positions on the State Board of Education and local school boards. While the bill was inspired by a recent school board election, there are concerns surrounding the practical consequences of the bill. The definition of sex offender is of particular concern, as it is very broad. As the law is written today, one could be charged with a felony and be classified a sex offender for "lewdness" or "statutory rape", neither of which might affect one's ability to serve on the school board. Most importantly, however, the question of a candidate's suitability for office should be left to the voters. There's no need for the legislature to substitute their best judgment for that of the voters, which is in essence what this bill would accomplish. Over the coming weeks we will continue to stay engaged with legislators regarding this issue, as we work to ensure citizens are not wrongly excluded from the political process.

H.B. 82, Elections and Early Voting During a Declared Emergency, sponsored by Rep. Rebecca Chavez-Houck, authorizes the lieutenant governor to designate a different method, time, or location relating to voting, early voting, or canvassing an election during a declared emergency.

H.B. 91, Voter Registration - Election Day Voter Registration, sponsored by Rep. Rebecca Chavez-Houck, permits voters to register and vote on Election Day.

H.B. 258 Straight Party Voting Amendments, sponsored by Rep. Patrice Arent (Blog post 2/3/13) On Wednesday, the ACLU was in attendance as Representative Patrice Arent's bill to end straight ticket voting in Utah elections was presented to the House Government Operations Committee. In her testimony, Rep. Arent gave several examples she had personally encountered where straight ticket voting led voters to cast votes for candidates they did not intend to support. Other testimony was offered by members of the public, who made the case that straight ticket voting was particularly confusing to voters who did not understand the difference between primary elections that have party restrictions, and general elections that do not. While some members of the committee engaged with those offering testimony, and even claimed to be undecided up until the vote, the bill ultimately failed to get out of committee on a 3-4 vote. As an organization that firmly supports voting rights, the ACLU of Utah supports any bill that encourages greater voter participation. Thus, we were disappointed that the bill did not make it out of committee, as it could have been an important step towards addressing voter apathy in Utah.

S.B. 25 Elections During Declared Emergency, sponsored by Sen. Peter Knudson, authorizes the lieutenant governor, during a declared emergency, to designate alternative methods or times for voting or counting an absentee ballot or military-overseas ballot. It also requires the lieutenant governor to notify a voter of alternatives to vote an absentee or military-overseas ballot, including posting the alternatives on the voter information website.

H.B. 311, Campaign Finance Provisions, sponsored by Sen. Brian S. King, establishes campaign contribution limits for candidates, judges, political parties, PACs, and other organizations.

S.B. 205, Campaign Finance Limits, Luz Robles, established campaign finance limits and penalties for violating those limits.

Open Government

H.B. 122, Fees for Government Records Requests, sponsored by Rep. Brian King, alters the state code to require free access to government records under certain circumstances. The bill increases the public's free access to records, and improves transparency.

H.B. 127 Motor Vehicle Event Data Recorders, sponsored by Rep. David Lifferth, provides that the data stored on a car's "black box" is the property of the owner except under certain circumstances. (Blog post 2/26/13) H.B. 127, Motor Vehicle Event Data Recorders, regarding event data recorders in motor vehicles was passed out of committee. We are particularly interested in the bill because of the potential privacy implications "black box" data recorders can have. H.B. 127 establishes that the owner of the vehicle is the legal owner of the black box and information contained in it. The bill also places restrictions on how and when data can be retrieved in the event of an accident. As with all privacy and due process issues, the details surrounding this bill are complex and we are keeping a close eye it to ensure that your rights are not inadvertently jeopardized.

S.B. 94 Government Records Amendments, Sponsored by Sen. Curtis Bramble, provides for the creation of a publicly accessible repository, on the Legislature's website, of email that legislators transfer to the repository.

S.B. 77, Availability of Government Information, sponsored by Deidre M. Henderson, imposes more stringent requirements on the legislature to provide the public with meeting minutes. This is a positive step towards ensuring government transparency. (Blog post 2/26/13) The bill is being sponsored by Senator Henderson and would amend guidelines regarding the posting of meeting minutes from legislative hearings within a set timeframe. The primary change dictates that meeting minutes must be made available to the public "within seven business days" of the meeting. This is an improvement over the old language that only required minutes to be provided "within a reasonable time". This is a welcome change and will hopefully improve government transparency and accountability

H.B. 207S01, Open and Public Meetings Act Amendments, sponsored by Re[. Kraig Powell, requires that no less than 72 hours notice be given before a meeting is held. The measure would give the public more opportunity to attend meetings, and improve transparency.

Privacy & Technology

H.B. 100, Internet Privacy Amendments, sponsored by Stewart Barlow, outlines what employers can and can not access on employees' electronic devices and online accounts. The language of the bill makes it unclear what its impact will be. (Blog post 2/20/13) HB 100 starts out on a good note, laying out a laundry list of things employers can not access from their employees. Unfortunately, the second half of the bill is riddled with loopholes and broad language that could mean the bill would cause more harm than good. Fortunately, the bill is still in the early phases of the legislative process, and we are actively working with various law makers to seize this opportunity to protect employees privacy in the workplace. Some of the issues at stake include whether or not an employer can require an employee to provide user names and passwords to social media accounts such as Facebook, and whether or not an employer should have the right to search an employee's device just because it connected to the employer's network. We are working very hard on this issue, because we view it as critical to privacy rights in our rapidly changing world. Look for more updates on H.B. 100 over the coming weeks, as we go through this process.

S.B. 196 License Plate Reader Amendments, sponsored by Sen.Todd Weiler, addresses the use of automatic license plate reader (ALPR) systems in Utah. The bill limits when ALPR systems can be used, and places restrictions on the use and storage of the data collected. The bill is critical to ensuring the privacy of Utahns is protected in the face of increasingly sophisticated technology. (2/7/13) ACTION ALERT! Protect Privacy And Good Law Enforcement Practices - Support S.B. 196 The ACLU of Utah supports SB 196, “License Plate Reader Amendments” because it will protect the privacy rights of Utahns whose movements should not be tracked by law enforcement without cause. Email committee members now Read more >> (Blog post 2/20/13) SB 196 would regulate the use of automatic license plate readers (ALPR). Currently the use of ALPR systems by law enforcement, and even private companies is essentially unregulated in Utah. The bill would put a limit on how long data can be retained, and define under what circumstances it can be accessed. Of equal importance is a provision that would prohibit the use of ALPR systems by private companies. As with so many rapidly emerging technologies, ALPR systems have the potential to lead to grievous violations of privacy rights, and the regulation of their use is critical. We are hopeful that Sen. Weiler's bill will pass as a common sense measure to protect Utahns from such invasions of privacy. (Blog post Blog post 3/4/13) S.B. 196, License Plate Reader Amendments, passed out of committee and will be heard on the floor. S.B. 196 is important because it limits the use of automatic license plate readers (ALPR) by private groups, and sets up guidelines for use by law enforcement. The bill was given a favorable recommendation after a diverse collection of groups testified in support of the bill. The broad and diverse collection of groups supporting the measure is a testament to just how important the bill is. While ALPR systems are a legitimate tool that can aid law enforcement efforts, they can also be a serious threat to privacy if left unregulated. Because the system has the ability to scan hundreds if not thousands of license plates per minute, and automatically submit that information to a database, ALPR systems allow law enforcement to track a vehicle’s location over time. The consequences of this are serious, as law abiding citizens should be able to move about freely, without being tracked by the government. This problem is only exacerbated by the fact that ALPR systems can reveal very private information such as visits to a doctor’s office, participation at political events, and even one's religious affiliation. Unfortunately, these concerns are not merely hypothetical. In the most famous case of abuse, the NYPD and U.S. intelligence agencies were caught using ALPR systems to track the movements of individuals attending mosques in New York City. Making matters worse, 60% of law enforcement agencies surveyed reported that they keep ALPR data indefinitely. In such cases, citizens’ locations are being tracked and recorded with virtually no oversight. Thus, S.B. 196 is critical to protecting Utahns’ right to privacy, and ensuring oversight for law enforcement. We will continue to support S.B. 196 as it moves through the process, and will keep you informed as things unfold.

H.B. 104 House Bill 104 Wireless Call Location Information, sponsored by Mark A. Wheatley, is a bill that allows emergency services to request your location from a cell provider in the event of an emergency. The bill could raise privacy concerns, but the language appears to be specific enough to prevent any problems.

Equal Protection

S.B. 108 Civil Rights Amendments Relating to Persons with a Disability, sponsored by Sen. Patricia Jones, includes "disability" among the characteristics protected from discrimination under civil rights provisions.

H.B. 50, House Bill 50 Dating Violence Protection Act, sponsored by Rep. Jennifer M. Seelig, allows for the issuance of protective orders for individuals who are or have been in a dating relationship. The bill is important because it provides protection for individuals who are not covered by existing law.

Legislative Process

H.B. 78, Request for Legislation Amendments, sponsored by Rep. Kraig Powell, provides that information on a request for legislation form that identifies the name of the legislator submitting the form, the date the form is submitted, and the short title assigned to the requested legislation is public information, notwithstanding provisions that would otherwise make that information protected from disclosure.

S.J.R. 3 Joint Rules Resolution on Submitting and Numbering Legislation, sponsored by Sen. Aaron Osmond

S.J.R.4 Joint Resolution on Ethics Complaint Procedures, sponsored by Sen. Luz Robles

H.J.R. 11, Joint Rules Resolution-Waiting Period for Bills, sponsored by Rep. Steve Eliason, prohibits a house of the Legislature from passing legislation unless the legislation has been numbered and publicly available for at least 72 hours.

Student/Parental Rights

H.B. 134S01, Parental Notification Related to Student Safety, sponsored by Rep. Gage Froerer, gives parents the right to know if their child's teacher carries a gun, and provides them with the option to move their child to a different class if they wish.

S.B. 184, Youth Suicide Prevention Revisions, sponsored by Sen. Luz Robles, requires a school to inform a parent if their student is bullied or threatens to commit suicide.