Student Leadership

HB0143 | DUI Penalty Amendments

Description
General Description: 

This bill modifies the penalty for driving under the influence.

Highlighted Provisions: 

Increases the penalty for a second driving under the influence conviction to a class A misdemeanor under certain circumstances

Bill Details
Year: 
2022
Status: 
Governor Signed
Last Action: 
Mar 22, 2022
Sponsor
Representative
Republican - District 68
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support
Impact on Children: 

With a stronger penalty on multiple DUI offenses, that will hopefully be more of a deterrent, and lead to less DUI occurrences, and less DUI accidents and deaths.

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

PTA continue to work to encourage more stringent laws and penalties concerning
driving under the influence of alcohol

Utah PTA Legislative Policy: 

To promote the welfare of children and youth in home, school, community

HB0034S01 | Cigarette Amendments

Description
General Description: 

This bill modifies tax and criminal code provisions related to cigarettes.

Highlighted Provisions: 

modifies the definitions of "cigarette" and "electronic cigarette."
line 36 in particular adds the word "heated" to encompass the possibility of IQOS tobacco products entering the market.

Bill Details
Year: 
2022
Status: 
Governor Signed
Last Action: 
Mar 23, 2022
Sponsor
Representative
Republican - District 45
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support
Impact on Children: 

Tobacco companies bring new products into the marketplace, and often will have no regulations in place for the first few years. Like we have seen with e-cigarettes, that gives them time to establish a market with the youth.

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

That Utah PTA support state and local ordinances that appropriately address regulations of
ENDS products; and, be it further resolved That Utah PTA support the position that any revenue generated through taxation of ENDS
should support tobacco cessation and prevention programs; and, be it further

Utah PTA Legislative Policy: 

To secure adequate laws for the care and protection of children and youth.

National PTA Public Policy Agenda

provide early intervention and prevention programs

“School District v. Juul Labs, Inc., et. al.” litigation is a potential opportunity for Utah School Districts to receive additional resources for education and prevention of vaping.

HB0338S01 | School District Voter Eligibility Amendments

Description
General Description: 

This bill creates a student voter pilot project for local school board elections.

Highlighted Provisions: 

allows local school boards to vote to allow students who are 16 and 17 years old to vote in local school board elections

Bill Details
Year: 
2021
Status: 
House/ filed
Last Action: 
Mar 05, 2021
Sponsor
Representative
Democrat - District 25
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Oppose w/ Comment

Utah PTA encourages positive involvement in the political process by parents and families, which includes more than just voting. The National PTA supports the concept of shared responsibility in the development of school policies and in curriculum decisions. PTA urges all school boards to cooperate with parents, teachers, students, principals, administrators, business, civic and community leaders, and the general public in this process. As students learn and grow in their knowledge and understanding, they can take on more responsibility. Just like the process of learning to drive, where we don't immediately give the keys to the car without going through the driver's education process, we shouldn't be giving the "keys to the car" of voting without going through a similar education process. We encourage school board nominees, as well as all persons running for public office, to find ways to engage with our students to help them as they learn the issues around voting and the political process.

Impact on Children: 

This bill would allow 16 & 17 year-olds to vote in local school board elections, but only if the local school board votes to allow it.

If they register to vote through this process, they will be automatically registered to vote for all elections at age 18, unless they opt out.

 

There is created a student voter pilot project. The student voter pilot project begins on January 1, 2022, and ends on January 1, 2027.
A local school board may participate in the student voter pilot project, in accordance with the requirements of this section and all other applicable provisions of law, by voting to allow student voters to vote in the local school board's elections.

If a local school board votes to participate in the student voter pilot project, the local school board shall, as soon as is reasonably possible after the vote, transmit notice of the vote to all election officers within the local school board's boundaries.

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

That Utah PTA and its constituent associations urge the Utah Legislature to bring the government closer to all Utahns by supporting legislation that protects each voter’s right to be heard in an election without partisan politics controlling the election process, 
That Utah PTA and its constituent associates encourage parents to be actively involved in the election process, recognizing this to be in the best interest of
children.

 

SHARED RESPONSIBILITY IN EDUCATIONAL DECISION MAKING

The National PTA supports the concept of shared responsibility in the development of school policies and in curriculum decisions. PTA urges all school boards to cooperate with parents, teachers, students, principals, administrators, business, civic and community leaders, and the general public in this process.

Utah PTA Legislative Policy: 

(2) parental involvement as an essential component of all policy-making processes pertaining to children;

Utah PTA Legislative Priorities: 

6. Support legislation, funding, and community partnerships that provide programs and resources to strengthen families and children’s social and emotional learning and well-being including, but not limited to: positive behavior programs and classes including art, music, physical education, civic engagement, and character development; early childhood education, parenting skills, and juvenile justice reforms.

National PTA Public Policy Agenda

 

SB0189S04 | Tobacco Retailer Amendments

Description
General Description: 

This bill amends provisions relating to tobacco retailers.

Highlighted Provisions: 

This bill:
12          ▸     amends provisions relating to a retail tobacco specialty business that is within a
13     certain distance from a school;
14          ▸     modifies the requirements for a tobacco retail permit;
15          ▸     clarifies provisions relating to who may be in a retail tobacco specialty business;
16     and
17          ▸     modifies penalties for selling a tobacco product, electronic cigarette product, or a
18     nicotine product to an individual who is younger than 21 years old.

Bill Details
Year: 
2021
Status: 
Governor Signed
Last Action: 
Mar 17, 2021
Sponsor
Senator
Republican - District 28
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support
Impact on Children: 

Higher penalties to stores who sell e-cigarettes to minors under the age of 21

Stores set up within 1,000 feet of schools will need to relocate by July 1, 2022

Evidence is clear - the closer shops are to schools, especially high schools, the more likely students are to use and experiment with e-cigarettes.

It may also be a racial issue to some degree, with more tobacco retail stores in Black and other minority neighborhoods.

This bill continues to work on the same issues as HB 23 & SB 6008 from last year, including trying to "fix" problems that were caused by those two bills.

Good things about the bill - it does strengthen penalties for tobacco retailers who violate rules, especially regarding sales to those under 21. It also adds nicotine products to the list of items that retailers can't give away. (One example of something retailers have done in the past to not be characterized as a tobacco retailer is to sell a shirt or something, and then give away the e-cigarettes for free. Thus, on the receipt is the sale of shirt, but no mention of the sale of the vaping product.) HB 23 provided a 3 strikes and you're out, SB 189 cuts it down to 2 strikes. $2K/$5K fines are upped to $5K/$10K. The Dept of Health did help with a lot of the positive changes in this bill.

The BIG DOWN side to the original bill was the removal of grandfather clauses that were put into HB 23 Sub 7, and were amplified by SB 6008. The side effect of putting in those grandfather clauses was the creation of 45 new vape shops, 37 within 1,000 feet of schools. Sub 4 now keeps the grandfather clause in place, with stores having to move by July 1, 2022. Sen Vickers said, "You can never guarantee that lobbyists won't be able convince a legislator to do something next session-it won't be this legislator though. There is no guarantee that retailers won't sue the state as we don't have anything in writing from them. However, the state is in a much better position with this bill than previously."

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

HEA 2015-2 ELECTRONIC CIGARETTES AND UTAH’S YOUTH

That Utah PTA support effective FDA efforts to regulate ENDS as tobacco products; and, be it further Resolved, That Utah PTA seek and support legislation that would include ENDS in the Utah Code Annotated definition of tobacco products and treat them as such – including the need for licensing, sales restrictions, tax parity, and marketing; and, be it further Resolved, That Utah PTA support state and local ordinances that appropriately address regulations of ENDS products

Utah PTA Legislative Priorities: 

5. Support measures to promote safe and healthy environments and behaviors for children

HB0302S02 | Preserving Sports for Female Students

Description
General Description: 

This bill addresses participation in athletic activities reserved for female students in public education.

Highlighted Provisions: 

This bill addresses participation in athletic activities reserved for female students in public and higher education.
Highlighted Provisions:

▸     requires schools, local education agencies, and institutions to designate athletic activities by sex;
▸     prohibits a student of the male sex from participating in an athletic activity designated for female students;
▸     prohibits certain complaints or investigations based on a school, local education agency, or institution of higher education for maintaining separate athletic activities for female students;
▸     provides for certain causes of action and waives governmental immunity for those causes of action; and
▸     provides severability clauses.

Bill Details
Year: 
2021
Status: 
House/ filed
Last Action: 
Mar 05, 2021
Sponsor
Representative
Republican - District 4
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Unnecessary
Impact on Children: 

There is impact on two specific groups of students.

First, transgender girls (MTF - male transitioning to female) would not be allowed to play in girls sports that are sponsored by schools. They would be allowed to play in boys or coed sports. This would be harmful to an at-risk population with a high rate of mental health issues and suicide rates. Even just having this conversation could be harmful to these students.

Second, girls would be able to compete in girls' sports without having to compete against individuals with scientifically proven advantages based on their biological sex from birth. There are compelling examples of transgender females dominating in girls' and women's sports when they are allowed to compete, as well as examples of bodily harm occurring to the girls/women competing against them. There's also the potential of suicide & mental health issues for girls who lose hope in success in sports due to an unfair playing field.

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

Recognition of LGBTQ Individuals as a Protected Class

Resolved, That National PTA and its constituent associations seek and support legislation that creates a safe, supportive and accepting environment in schools, specifically with training for educators and other school related professionals to support all students, updated health education standards that deal with the issues of sexual orientation, gender identity, and gender expression; and be it further

Resolved, That National PTA work with the Department of Education to encourage states to incorporate standards regarding age-appropriate, medically accurate and culturally sensitive information on LGBTQ issues into existing health and other appropriate curricula.

 

UHSSA Handbook

Interps &Guidelines 1.1.4: TRANSGENDER PARTICIPATION This policy addresses eligibility determinations for students who have a gender identity that is different from the gender listed on their official birth certificates. For the protection of competitive balance and the integrity of women’s sports, the UHSAA will review athletic eligibility decisions based on gender assignment of transgender student athletes in accordance with its approved policies and appeals procedures. If a sport is offered for both boys and girls, girls must play on the girls team and boys must play on the boys team. If a school sponsors only a single team in a sport: a. Girls are eligible to play on boys teams. b. Boys are not eligible to play on girls teams.

With the consent of parents or a legal guardian, a student shall be permitted to participate on a gender specific sports team that is consistent with the public gender identity of that student for all other purposes. In making a determination of eligibility, the UHSAA will first refer to the confirmation of the student and his or her local school regarding gender identification. The UHSAA will require that member school districts and schools make a determination of a student’s eligibility to participate in gender specific sports team for a particular season based on the gender identification of that student (1) in current school records, and, (2) daily life activities in the school and community at the time that sports eligibility is determined. A female to male transgender student athlete who is taking a medically prescribed hormone treatment under a physician’s care for the purpose of gender transition is eligible only for participation on a boys team. A male to female transgender student athlete who is not taking hormone treatment related to gender transition may participate only on a boys team. A male to female transgender student athlete who is taking a medically prescribed hormone treatment under a physician’s care for the purpose of gender transition may participate on a boys team at any time, but must complete one year of hormone treatment related to the gender transition before competing on a girls team. In addition to the hormone requirements set out above, decisions regarding eligibility of transgender student athletes should also be based upon the following types of evidence and submitted in writing to the UHSAA: a. A complete list of all the student’s prescribed, non-prescribed or over the counter, treatments or medications; b. Written verification from an appropriate health-care professional (doctor, psychiatrist, or psychologist) of the student’s consistent gender identification and expression; and c. Any other pertinent documentation or information which the student or parent(s)/legal guardian(s) appointed by a court of competent jurisdiction believe relevant and appropriate. It will be the responsibility of the member school and the principal to verify they have followed this policy when a school district submits a roster to the UHSAA. The UHSAA will rely on such a verification to acknowledge that the school and the principal have determined that the students listed on a gender specific sports team are eligible for participation because of their gender identity and compliance with the requirements set out herein, and that the school district has determined that the expression of the student’s gender identity is bona fide and not for the purpose of gaining an unfair advantage in competitive athletics.

SB0134S01 | Tobacco Regulation Amendments

Description
General Description: 

This bill amends provisions relating to the regulation of electronic cigarettes.

Highlighted Provisions: 

This bill:
▸ provides that a regulation on nicotine content in electronic cigarette products may not be more restrictive than a certain level; and
▸ limits the Department of Health's authority to regulate certain electronic cigarette products that have been authorized for sale by the United States Food and Drug Administration.

 

Substitute 1

▸lower the nicotine level slightly, but not really. Most products could still stay at the higher levels.

▸takes a lot of the positive aspects and wording from SB 189 and puts them in this bill - strengthening of penalties, etc.

▸raises the tax on e-cigarettes

Bill Details
Year: 
2021
Status: 
Senate/ filed
Last Action: 
Mar 05, 2021
Sponsor
Senator
Republican - District 16
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Oppose

SB 134 Sub 1 attempts to placate the crowd who is against this bill by raising the tax, and upping the penalties for retailers who break the rules, in turn, then it would be ok for them to up the levels of nicotine in these products. "See, we are doing something to take them out of the hands of kids, and you don't really care about everyone else being hooked on nicotine, and in case you still are concerned, here's some money..."

 

Senator Bramble has framed this legislation as the case of the Health Dept trying to put in place rules and regulations, but that it should be the legislature who does that. HB 23 had the same wording as HB 415 from 2015, that Senator Bramble was a sponsor of, and he didn't seem to mind that for the past 5 years, but he is upset now since the DOH came back with answers that someone doesn't like. The DOH has come out in opposition to this bill as well, and you don't usually see a department of the government coming out like that. If the senators were listening to this more as a health issue, their responses might be different, but this did get sent to the Senate Business & Labor Commission, so that tells you something about how they are approaching this bill (and most of the vaping legilation over the years).

Impact on Children: 

Flavors and nicotine are the 1-2 punch that gets our children hooked on e-cigarettes. Allowing tobacco companies to triple the amount of nicotine which will be very harmful to anyone who tries e-cigarettes and becomes addicted.

It also increases the Preemption Expansion that was started in HB 23 last year - Removes local power to regulate products - at all - makes it so tobacco companies just need to lobby the state legislature, which may be unfairly influenced by conflicts of interest or special interest money. 

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

That Utah PTA support state and local ordinances that appropriately address regulations of ENDS products.

Utah PTA Legislative Policy: 

Maximum local control when it serves the best interest of all children and youth.

Utah PTA Legislative Priorities: 

Support measures to promote safe and healthy environments and behaviors for children

National PTA and Utah PTA Position Statements: 

National PTA will participate with other organizations in educating the public about the dangers of tobacco products, their effects, and the cost of the use of tobacco products to society as a whole.

HB0212 | Homeless Youth Protection Amendments

Description
General Description: 

This bill modifies provisions related to shelter, care, and services for homeless youth.

Highlighted Provisions: 

This bill:
▸ clarifies that a person who provides shelter, care, or services to certain homeless youth may refer the homeless youth to temporary or permanent housing

Bill Details
Year: 
2021
Status: 
Governor Signed
Last Action: 
Mar 17, 2021
Sponsor
Representative
Democrat - District 31
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support
Utah PTA Resolution: 
Impact on Children: 

HB212 actually makes some very minor changes to the much more impactful legislation passed a couple years ago, HB371 “Consent to Services for Homeless Youth.”

That legislation was in response to and involved much input from youth as well as service stakeholders about basic needs for youth in homelessness. It accomplished three purposes:

The bill resulted in youth, ages 15, 16, 17 being able to escape the streets and check themselves into a licensed facility without having to provide a parent’s signature. When we discussed the concern about admission to an adult shelter, we learned that youth are referred to a youth facility, not admitted at an adult facility, where all were concerned about the population they would meet.
The bill also removed the restriction for those who harbor minors, ages 15, 16, and 17. We haven’t emphasized this in the news media because we all recognize the possible “invitation” to predators to take advantage of homeless youth. The reality is that there are many, many young people staying with friends, relatives, and neighbors who have been subject to litigation for providing shelter. Under the new law, the person providing harbor is required to notify authorities – police, Child Protective Services, DCFS, etc. – within 48 hours of the youth’s coming to their home. We realize this doesn’t guarantee everything we want, but we know it has allowed much more safety than before for kids as well as those providing a place in their homes. As a teacher, I have heard regularly about “couch-surfing” that was illegal before HB371.
A third provision in HB371 was that it allowed these minors to receive services and resources that normally would have required parent signatures. Again, the intent is not to provide or encourage run-aways, etc., but for the 2000+ kids in homelessness every day in Utah, we know more are safer and getting services than before.

This year’s bill HB212 makes a couple adjustments after discussions about improving elements of safety. 
(Info from Rep Weight)

Commission: 
Student Leadership
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

Resolved, That the National Congress address itself to this problem by: 1. Encouraging intensive programs to promote the National Resolutions: strengthening family and home life and children's emotional health. 2. Promoting an active community awareness campaign with respect to citizen responsibility toward hitchhikers, harboring runaways, and the real needs of these young people. 3. Encouraging communities to provide shelter homes, resources and services for the runaway youth. 4. Directing increased attention to effective guidance counseling in the schools

Utah PTA Legislative Policy: 

#1 - Equity in the form of equal justice, privileges, opportunities, and responsibilities in every phase of life for all children and youth, while recognizing that each child is unique with individual needs and talents.

Utah PTA Legislative Priorities: 

5. Support measures to promote safe and healthy environments and behaviors for children to prevent suicide, sexual exploitation, and human trafficking,

HB0031 | Unaccompanied Minors in Autonomous Vehicles

Description
General Description: 

This bill establishes a workgroup on unaccompanied minors and autonomous vehicles.

Highlighted Provisions: 

This bill establishes a workgroup on unaccompanied minors and autonomous vehicles.

Bill Details
Year: 
2021
Status: 
House/ filed
Last Action: 
Mar 05, 2021
Sponsor
Representative
Democrat - District 34
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support

We are having the students follow this bill. Would you put your child in a driverless car to go to soccer practice? This bill presents a lot of good conversation starters, and an opportunity for students to follow a bill that impacts them.

Impact on Children: 

We are very concerned with putting a child in a car without a seat belt, what about without a driver? This is an issue that needs to be studied dealing with the safety of our children.

Commission: 
Student Leadership
Day at the Capitol
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

National PTA Resolution on Safety

Utah PTA Legislative Priorities: 

#5 healthy & safe environments for children

#6 parenting skills, civic involvement

HB0018S01 | Driver Education Amendments

Description
General Description: 

This bill amends provisions related to driver education requirements and driver licenses.

Highlighted Provisions: 

This bill:
          ▸     extends the term of a learner permit from one year to 18 months;
          ▸     changes identifying information required on a driver license application to include "sex" instead of "gender";
          ▸     removes certain references to a "school district" and replaces that term with "local education agency" to ensure that Utah Schools for the Deaf and the Blind receive funding and resources for driver education;
          ▸     prohibits rules requiring driver education observation hours; and
          ▸     makes technical changes.

Bill Details
Year: 
2021
Status: 
Governor Signed
Last Action: 
Mar 17, 2021
Sponsor
Representative
Republican - District 20
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Support

We are having the PTSA students follow this bill as part of the virtual Student Days at the Capitol.

We are supportive of the additional 6 months for the learner's permit, and of the change in observation hours due to COVID restrictions.

Impact on Children: 

This bill would directly impact high school students learning to drive. We want them to get involved with bills that they can use to help them learn to advocate for themselves.

Commission: 
Student Leadership
Day at the Capitol
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

National PTA Resolution on Teen Driving Safety

Utah PTA Legislative Priorities: 

#6 - Civic Engagement & character development

Having the students follow this bill will help the students develop skills in these areas.