Utah House approves public‑health code changes, tighter rules on firearm forfeiture and veterans housing measures

SALT LAKE CITY — The Utah House of Representatives on Feb. 11 approved a set of bills that included removing so‑called "orders of constraint" from state public‑health code, limiting when firearms can be forfeited as a condition of a plea in abeyance, and measures aimed at veterans housing and clarifying access to crash reports.

The most contested measure, House Bill 294, removes language in state code that allowed broad, group‑level public‑health actions known in the debate as "orders of constraint," while preserving longstanding individual orders of restriction and creating an accommodation rule for people who cannot wear face coverings. Representative McPherson, the bill sponsor, said, "What this bill does is essentially removes the orders of constraint language." The House adopted an amendment clarifying that hospitals may designate restricted areas (for example, intensive‑care or oncology units) while still requiring reasonable accommodations under federal and state law for individuals who cannot wear face coverings. HB 294 passed, 74–0.

Why it matters: Sponsors and some local health officials told the House the change narrows statutory authority that was added during the COVID‑19 pandemic and restores a clearer, individual‑focused process that includes due process protections. Opponents did not force a recorded roll call against the final bill in floor debate, but the discussion and the adopted amendment reflected concern about hospital operations and about maintaining avenues for public‑health response to communicable diseases.

Other significant measures approved

Department of Health and Human Services restricted accounts (HB 238) Representative Gwynn described House Bill 238 as a "very straightforward bill" allowing specified restricted accounts within the Department of Health and Human Services to retain the interest they earn. Gwynn said the retained interest would support initiatives including suicide prevention, brain and spinal cord injury prevention and services for people with severe disabilities. HB 238 passed on a voice and recorded vote and was certified as passing with 73 yes votes; it will be transmitted to the state Senate.

Firearm retention and plea in abeyance (first substitute HB 195) Representative McPherson, sponsor of first substitute House Bill 195, said the bill prevents prosecutors from requiring forfeiture of a firearm as a condition of a plea in abeyance unless the defendant is or would become a legally restricted person under state or federal law. "So what this bill does essentially is it simply states that a firearm cannot be forced to be forfeited under a condition of a plea in abeyance, unless that person were to be charged with a crime that would make them a restricted person," McPherson said on the floor. The House adopted sponsor amendment 2 (which aligns state language with federal restricted‑person categories) and passed the bill, 72–0.

Veterans housing collaboration (HB 266) Representative Daley Provo described HB 266 as codifying coordination between the Department of Veterans Affairs and the Department of Homeless Services to address veterans at higher risk of homelessness. He said the bill "lays the groundwork for some more work" to assist veterans. HB 266 passed, 74–0.

Access to traffic accident evidence (first substitute HB 222) Representative Stoddard said first substitute House Bill 222 tightens and clarifies what constitutes an accident report and the requirements an attorney must meet to obtain reports for a client, while preserving witness privacy. "This clarifies what an accident report is," Stoddard said. The bill passed, 73–1.

Sentencing parity for attempted serious offenses (first substitute HB 78) Representative Guinn presented first substitute HB 78 as aligning treatment of attempted versions of certain serious offenses with completed offenses when the defendant's intent was to complete the crime. The sponsor said the bill requires a judge to put on the record reasons when foregoing the sentence called for by the guideline. Supporters described the bill as the result of stakeholder negotiation; it passed, 73–0.

Commitment procedure revisions (second substitute HB 276) Representative Abbott said second substitute HB 276 makes technical and some practice‑clarifying changes to civil‑commitment statutes, including allowing hearings and examinations by video unless a judge finds good cause not to. Abbott said the changes mostly reflect existing practice and add statutory language in line with agency procedures. HB 276 passed, 72–0.

Votes at a glance - House Bill 294 (Infectious disease procedures amendments): Passed 74–0. Sponsor: Representative McPherson. Floor action: amendment 2 adopted (sponsor); bill passed. Effect: removes "orders of constraint" language; preserves orders of restriction and clarifies accommodations for people unable to wear face coverings; hospitals may designate restricted areas consistent with federal/state law. - First substitute House Bill 195 (Firearm retention amendments): Passed 72–0. Sponsor: Representative McPherson. Floor action: amendment 2 adopted (aligns state/federal restricted‑person language); bill passed. Effect: prevents forfeiture of firearms under plea in abeyance unless defendant is a restricted person. - House Bill 238 (Department of Health and Human Services account amendments): Passed 73–0. Sponsor: Representative Gwynn. Effect: allows specified DHHS restricted accounts to retain interest; funds intended for suicide prevention, brain/spinal cord injury prevention and services for people with severe disabilities. - House Bill 266 (Veteran housing amendments): Passed 74–0. Sponsor: Representative Daley Provo. Effect: codifies coordination between veterans and homeless‑services agencies. - First substitute House Bill 222 (Access to traffic accident evidence): Passed 73–1. Sponsor: Representative Stoddard. Effect: clarifies accident‑report definition and attorney access while protecting witness privacy. - First substitute House Bill 78 (Criminal offense amendments — sentencing parity): Passed 73–0. Sponsor: Representative Guinn. Effect: makes attempted versions of listed serious crimes more likely to carry prison sentences when intent to complete the crime is established; allows judicial discretion with reasons on the record. - Second substitute House Bill 276 (Commitment revisions): Passed 72–0. Sponsor: Representative Abbott. Effect: technical clarifications to civil‑commitment procedures; authorizes video hearings/examinations unless judge finds cause.

What happens next All passed bills will be transmitted to the Utah Senate for further consideration. The House also placed House Bill 422 (municipality regulation of open house amendments) on the time‑certain calendar for Feb. 12 at 11:15 a.m., and continued assigning bills to committee calendars as part of the regular rules report.

Sources and attribution This report draws on floor remarks and recorded floor votes during the Feb. 11, 2025 session of the Utah House of Representatives. Direct quotations are attributed to the representatives on the House floor.