SALT LAKE CITY — The Utah State Legislature is meeting in special session to take up a number of items. Here's a live blog of what's happening:
7:43 p.m.
In a statement, the LGBTQ rights group Equality Utah criticized the legislature's special session resolutions on Title IX:
"Utah will undoubtedly now embark on costly and time-consuming litigation, all so that the state can continue to police bathroom usage by children. It is high time that Utah starts focusing its resources on helping our children achieve success rather than using them as pawns to score political points."
Utah Eagle Forum President Gayle Ruzicka also reacted, telling FOX 13 News: "I'm so happy it passed. Title IX? We've got to save it and keep it the way it is. For 52 years it has been there to protect women's sports and women's spaces. I'm so grateful that Utah is going to stand up against what's going on in Washington D.C."
-Ben Winslow
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6:57 p.m.
In a 23-1 vote, the Senate passed the school district split bill. The special session is done.
-Ben Winslow
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6:43 p.m.
Democrats put up a fight on the Senate floor, seeking to defeat the Title IX resolutions. With only six out of 29 in the Senate, they do not have the numbers. HCR301 passed the Senate on a 20-6 vote with Sen. Thatcher joining Democrats in opposing it.
-Ben Winslow
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6:28 p.m.
HCR301, the other Title IX resolution that directs public employees to not comply with federal directives on it, is being debated in the Senate.
Sen. Curt Bramble, R-Provo, declared "we're going to comply with Utah's laws." Senate Minority Leader Luz Escamilla, D-Salt Lake City, introduced an amendment to make it clear future legislatures can introduce tweaks without fear of running afoul of what's passed. She also sought to introduce legal protections for legislators.
Sen. Bramble said he would reject it. He argued what she is seeking is already covered by the Utah Constitution. You can't bind future legislatures. Sen. Escamilla's floor amendment was defeated in a voice vote.
-Ben Winslow
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6:18 p.m.
Sen. Scott Sandall, R-Tremonton, insists they're not "rubbing salt in a wound" with the bill, but "there is a balance here." He spoke of young women who have missed being on a team because of a trans colleague. He argued for "balancing the safety and well-being of biological born females."
During the vote, Sen. Daniel Thatcher, R-West Valley City, said he believed Utah is in danger of losing federal money as a result of the legislature's actions (even though he said he believes the Constitutional Sovereignty Act can apply) and has "huge risk." He crossed party lines to vote against the resolution.
HJR301 passed 20-6 and heads to Governor Spencer Cox's desk.
-Ben Winslow
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6:08 p.m.
The Senate is debating the Title IX resolutions.
"This feels targeting. This feels politicized. This feels like we're doubling-down on hate," Sen. Jen Plumb, D-Salt Lake City, told her colleagues on the floor, criticizing the "I win!" attitude in politics.
Sen. Curt Bramble, R-Provo, pointed out there are two court cases that the federal government has been enjoined from enforcing the Title IX rule.
"If Utah doesn't stand up for our rights, we're going to lose them," Sen. Todd Weiler, R-Woods Cross, said, announcing his support for the resolution enacting the Constitutional Sovereignty Act.
Senate Minority Leader Luz Escamilla, D-Salt Lake City, warned that the resolution will be be binding (unlike most resolutions).
Meanwhile, the House has passed the school district split bill (a link to it is here) on a 65-7 vote, with Republicans and Democrats crossing party lines.
-Ben Winslow
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5:53 p.m.
House Majority Whip Karianne Lisonbee, R-Clearfield, spoke in support of the resolution and acknowledged Title IX has expanded over the years "but it has never changed so dramatically" and says it "now says the opposite of what it was intended to say."
Rep. Birkeland rallied her colleagues, arguing their yes votes are a clear message from Utah that "we will support science, we will support and protect the unborn, we will stand up for our state sovereignty, and we will protect children and more specifically, our daughters." She called for kindness and grace, but also standing for truth.
HCR301, which directs public employees and elected officials to ignore federal directives on Title IX, passed the House 57-14. Off to the Senate.
-Ben Winslow
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5:32 p.m.
HJR 301, the first of the Constitutional Sovereignty Act resolutions, PASSES the 57-14. The House is now taking up the other resolution. Rep. Kera Birkeland, R-Mountain Green, accuses the Biden administration of "politicizing" Title IX.
"We didn't start this. This started with the Biden administration," she said.
-Ben Winslow
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5:21 p.m.
The Senate has voted unanimously in support of the IPP bill.
-Ben Winslow
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5:19 p.m.
The House has taken up the resolutions invoking the Constitutional Sovereignty Act, allowing them to ignore the Biden administration's rule on Title IX dealing with transgender children. Here's the links to both of the proposed resolutions.
As I've reported, we are in new legal territory. If enacted, the feds would have to sue the state to invoke the Supremacy Clause.
Rep. Sahara Hayes, D-Millcreek, the only openly LGBTQ member of the Utah State Legislature, gave an impassioned plea to her colleagues to reject the resolution.
"Aren't these kids just as worth of health, safety and well-being? These are the kids that we're trying to fight against?" she said of transgender children, arguing they are "not the enemy... they are kids."
Rep. Jefferson Burton, R-Spanish Fork, spoke in support of the bill arguing that "state law trumps federal policy every day."
Rep. Joel Briscoe, D-Salt Lake City, said he is the grandfather of a transgender child. He argued that "state's rights... can be used to discriminate" and make people "lesser-thans." He noted the legislature's bathroom bill led to a flood of hoax calls and only five were deemed worthy of investigating (and none of those were substantiated). He argued the legislature has caused harm to transgender people with his bill.
Rep. Candice Pierucci, R-Herriman, spoke in support of the legislation and said women have for years "fought for a seat at the table."
"As a woman I am standing in support of other women, my daughter and future girls," Rep. Pierucci argued, adding they are "compassionate in our approach" to transgender issues.
Meanwhile, the Senate passed the public lands funding bill on a 22-5 vote, with Democrats voting in opposition.
-Ben Winslow
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5:03 p.m.
The IPP bill just passed the House on a 66-6 vote with some Democrats joining Republicans in support.
-Ben Winslow
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4:59 p.m.
The Intermountain Power Project bill is being debated in the House (a link to it is here). Rep. Carl Albrecht, R-Richfield, said IPP has agreed to support it after "quite the rodeo over this bill."
Rep. Albrecht told the House the bill will ensure that IPP doesn't shut down its coal-fired units without exploring other options first. It creates a path for a new state authority to submit a revised air permit application and allow the state to buy the coal units. They can shop it around and see if someone else can run them without harming IPP's other initiatives (hydrogen, etc.). The new bill also strikes deadlines on IPP's future.
Here's some background on the IPP controversy.
Rep. Ray Ward, R-Bountiful, spoke in support believing this alleviates a lot of concerns. But he says he wants a cost estimate for a state takeover of IPP.
Meanwhile, the Senate is approving the very minor change bills the House just passed.
-Ben Winslow
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4:50 p.m.
The public lands funding bill passed the House on a 62-10 vote. Off to the Senate.
-Ben Winslow
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4:47 p.m.
The trans rights demonstrators abruptly walked out of the Capitol.
-Chris Arnold
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4:42 p.m.
The House is moving quickly through the less controversial bills. They unanimously passed the foreign exchange student bill (since it's mostly a clean up bill).
The public lands funding bill (a link to it is here) won support from Republican gubernatorial candidate Phil Lyman (who represents the Blanding area in the Utah State Legislature). Rep. Brian King (who is running for governor as a Democrat) popped up to oppose it, saying the legislature is putting a thumb on the scale by even changing the name from the "Public Lands Litigation Restricted Account" as the "Federal Overreach Restricted Account."
-Ben Winslow
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4:29 p.m.
The House unanimously passed a bill making minor tweaks to bills already passed.
-Ben Winslow
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4:24 p.m.
"Trans power! Trans power! Trans power!" the demonstrators are chanting outside the House chambers. They are using the House steps as a catwalk and some appear to be voguing.
-Chris Arnold
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4:16 p.m.
Speaker Schultz gavels in and the special session is under way. All bills will originate in the House and then go to the Senate.
-Ben Winslow
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4:10 p.m.
The House chimes have begun to ring. The trans rights protesters have moved outside the House chamber. Their chanting and cheering can be heard inside the chamber. Security within the chamber has increased.
-Ben Winslow
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3:58 p.m.
On the school district bill, Speaker Schultz says they didn't contemplate potentially three district splits in Utah County. It's very complicated and rather than try to make changes midstream, they're going back to the way it was. A city could then initiate a school district split, instead of being driven by a school district or individual citizens. The public, of course, would vote on that.
Senate Adams hints that property tax equalization is coming in the next legislative session (a controversial proposition in Utah).
Another bill allows foreign exchange students to get a Student Education Occupational Plan without a guardian, because it was an issue that came up. This would fix it during the school year.
- Ben Winslow
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3:50 p.m.
In a news conference ahead of the special session, House Speaker Mike Schultz defended the resolutions on Title IX blaming the Biden administration's rule on "unelected bureaucrats." Senate President J. Stuart Adams said he is not concerned about potentially losing federal funds.
"We think we're leading the way," the Senate President said of the novel legal theory of the Constitutional Sovereignty Act, which has never before been attempted.
"The overreach from the federal government has gotten out of control," Speaker Schultz said, adding he believes the courts will support them.
Are you taking aim at transgender people?
Sen. Adams insists they have struck a balance on transgender sports and other issues.
"People shouldn't be protesting. They should be celebrating what we've done," he said, adding he does respect the protesters.
On the Intermountain Power Project bill (which could lead to a state takeover of a power plant in central Utah), Speaker Schultz said they have taken a long time talking about it. There's demands on electricity. The Speaker says they don't have enough power to meet current demands.
"It's not about coal," he insists, adding they need to look at "all of the above" when it comes to energy.
Under the negotiated bill? A commission will look at the viability of whether it's worth it to take over IPP.
"This keeps the option open," Sen. Adams said, acknowledging the bill does tweak deadlines.
- Ben Winslow
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3:39 p.m.
Dozens of demonstrators in support of transgender rights are rallying at the Utah State Capitol. They marched around the building between the House and Senate, chanting. They are now camped outside the public restrooms off the rotunda.
- Chris Arnold
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3:34 p.m.
The Utah State Legislature is meeting in special session with a full docket of bills. They include a negotiated deal on the Intermountain Power Project, a controversial issue that could lead to a state takeover of the massive central Utah plant. The legislature will also invoke the Constitutional Sovereignty Act to defy the Biden administration's new Title IX rule designed to protect transgender children, a bill on school district splits, one on "federal overreach" on public lands and what are affectionately known as "clean up" bills (small mistakes in legislation that passed earlier this year). The House will take up the bills first and then the Senate.
- Ben Winslow
