Updated: Feb 1
Dear Friends and Neighbors,
Last week marked the beginning of our 45-day legislative session. Over the next two months, my colleagues and I are gathering to create new laws and establish budgets for essential programs and services. On the first day of the 2022 General Session, we were honored to have Elder Gerrit W. Gong, a member of the Quorum of the Twelve Apostles of the Church of Jesus Christ of Latter-day Saints, offer the opening invocation. Following the prayer, the Utah Highway Patrol Officer's Color Guard presented the colors, and Jennie Taylor — widow of the former Mayor of Ogden, Maj. Brent Taylor — led the pledge of allegiance. We also heard a powerful rendition of the national anthem by Kaylee Bucio, a 5th grader from Riverside Elementary School.
During these ceremonies, I was filled with gratitude for and pride in our great state and country. Utah has a strong reputation of excellence, and I am proud to represent a state with so much talent, leadership and success. I am also extremely grateful for each of you. I look forward to representing you and our community throughout the remainder of this 45-day session.
President Adam's Opening Remarks
During the first Senate floor session, President Adams spoke on Utah's resilience and progress in 2021. He recognized the struggles Utahns faced during the pandemic and thanked Utah Highway Patrol officers, healthcare workers and teachers for their continued sacrifice and service. Utah faced 2021 with durability and strength while maintaining a strong economy, a low unemployment rate and unbreakable community ties. President Adams also gifted a special coin to each senator with an engraving of Benjamin Franklin as a reminder of his influential leadership. I join President Adams in celebrating our great progress and potential as a state and thank each of you for your contribution to our success.
During this Legislative General Session, Olivia Hall has been selected as my intern. Originally from Twin Falls, Idaho, Olivia is a junior at Utah State University majoring in Wealth Management. She is passionate about Operations Management, Human Resources and Finance. In addition to these interests, she is actively involved in organizations like Utah Women and Leadership that empower women through service and education.
S.J.R. 3 – Government Mandates
The government's role is not to tell Utahns or businesses how to manage their lives. Almost one-third of our state was affected by Salt Lake and Summit counties' mask mandate, which placed individuals, schools and businesses in difficult situations to enforce mask adherence. Two years ago, we had very little information about the virus, we now know a lot more, and individuals have the data to make informed health decisions. Though I am a proponent of local government control, the mask mandates had an impact that went beyond the city and counties that issued them. Local control ultimately rests with individuals and families.
After hearing from numerous constituents and businesses affected by the government mandate, I sponsored S.J.R. 3 Joint Resolution to Terminate Public Health Orders Pertaining to Face Coverings, giving the decision-making power back to individuals. The joint resolution ending the mask mandates passed the Senate and House and took effect immediately.
Author and activist Bryan Stevenson visited the Capitol to talk about Utah’s death penalty laws this week. Though supporters of the death penalty cite the need for justice and closure for victims’ families, Stevenson said he believes that the death penalty actually prolongs the suffering through extensive appeals in the legal process. The Legislature will be reviewing Utah’s death penalty laws this session. H.B. 147 Death Penalty Modifications would prohibit the death penalty in Utah and add a possible sentence of 45 years to life for aggravated murder.
Celebrating Dr. Martin Luther King Jr.
In 1991, Gov. Norm Bangerter established the Martin Luther King Jr. Human Rights Commission. In 2019, the Utah Legislature codified the commission into state statute. Every year, the commission coordinates with governments, private organizations and schools to encourage ceremonies and activities which commemorate Dr. Martin Luther King Jr. This week, people across the state celebrated Dr. King's legacy with rallies, vigils, lectures and gatherings. As we celebrate Dr. King's life, I plan to continue having conversations on diversity, equity and human rights throughout the year.
Throughout the COVID-19 pandemic, we have remained committed to saving lives, livelihoods and kids’ education. Due to the Omicron variant and its accompanying new challenges, a pivot is necessary in our state’s COVID-19 response. The test-to-stay program was originally utilized to decrease the spread among students. However, because of the fast-spreading nature of Omicron, testing is not working as intended, and it is time to adjust.
H.B.183 In Person Learning Amendments makes changes to in-person learning provisions in Utah public schools, specifically regarding test-to-stay. The bill codifies the suspension of test-to-stay, helping alleviate strains on our students, educators, schools and testing capacity. H.B. 183 passed the Senate and is continuing through the legislative process.
Animal Shelter Revisions
The Senate Natural Resources, Agriculture and Environment Committee discussed S.B. 69 Animal Shelter Revisions, a bill that would make it illegal for animal shelters to use gas chambers to euthanize animals. Additionally, this bill implements a euthanasia training program for animal control officers. The intent of this bill is to make the euthanization process more humane without creating a financial burden for animal shelters or putting workers at risk. Listen to the discussion of the bill here.
In Utah, alimony is currently awarded based on the length of the marriage. Due to COVID-19, divorce court cases have been delayed, increasing the length of marriage and alimony awarded.
S.B. 74 Alimony Modifications changes the definition of the “length of the marriage” to start on the day the parties were legally married and ends on the day the petition for divorce was filed with the court. S.B. 74 passed unanimously in the Senate Judiciary, Law Enforcement and Criminal Justice Committee and will go to the Senate floor for consideration. Listen to the committee presentation here.
State of the State
Each year, the governor gives a State of the State address to update the Legislature, Judicial Branch, Executive Branch and Utahns on the state's successes and challenges. During his remarks, Gov. Cox encouraged Utahns not to give up on the idea of America and to come together and unite despite national polarization. Utah has been very successful and serves as an example of a strong economy to the nation. Listen to the State of the State address here.
State of the Judiciary
The mission of the Judiciary is to provide the people an open, fair, efficient and independent system for the advancement of justice under the law. During the annual State of the Judiciary address, Utah Chief Justice Matthew Durrant stated that this mission focuses on innovation in the courts during COVID-19 that will continue after the pandemic. Listen to the State of the Judiciary address here.
Protective Order and Stalking Injunction Expungement
When someone has a protective order or stalking injunction filed against them and it is dropped, under current Utah law, there is no way for an individual to expunge the charge. The incident remains on their permanent record, which can make it difficult for individuals who need to present a background check, such as in in cases for employment.
S.B. 85 Protective Order and Stalking Injunction Expungement gives individuals an opportunity to have an order or injunction expunged. As part of that process, both parties would be notified and given the opportunity to argue for or against the expungement. S.B. 85 passed unanimously in the Senate Judiciary, Law Enforcement and Criminal Justice Committee and will now be considered by the entire Senate. Listen to the committee presentation here.
I Look Forward to Hearing From You!
I'll try to continually keep you informed about my work on the Hill – likewise, please keep in touch – I’d love to hear your insights and opinions.
I’m truly grateful for the opportunity you’ve given me to serve in this capacity. We live in a unique and special place. Thank you for all you do to make Utah the best state in the nation – and thanks for paying attention.
Until next time,
Senator Dan McCay
Utah Senate District 11