Utah House advances package of bills including changes to infectious-disease rules, firearm retention and veteran housing

SALT LAKE CITY — The Utah House of Representatives on Feb. 11 approved a package of bills on third reading and by voice or recorded tally sent them to the Senate, lawmakers said on the floor.

The most discussed measures included HB 294, which removes ‘‘orders of constraint’’ from state public-health code and adds a provision protecting people with documented disabilities from being denied services if they cannot wear a face covering; HB 195, which limits automatic firearm forfeiture as a condition of a plea-in-abeyance unless the defendant is or becomes a legally restricted person; and HB 78, which narrows sentencing disparities by treating attempts similarly to completed offenses in certain serious crimes. Lawmakers also approved HB 238 (allowing certain restricted DHHS accounts to retain interest), HB 266 (veteran housing collaboration), HB 222 (access to traffic accident evidence), and HB 276 (civil-commitment technical and procedural updates).

HB 294 was presented and explained by Representative McPherson, who said the bill removes the ‘‘orders of constraint’’ language added in 2021 and preserves local health departments’ ability to respond to communicable diseases and bioterrorism events while restoring due-process protections tied to ‘‘orders of restriction’’ in the code. McPherson said he worked with the Department of Health and Human Services and 13 local health departments; he also offered and the House adopted amendment 2, which clarifies that health-care facilities may designate restricted areas (for example, ICUs) and must provide reasonable accommodations in line with federal and state law. Representative McPherson said local public-health officials told him they never intended to use punitive authority that had been interpreted from the 2021 language.

Representative McPherson said, “We believe that this bill as presented today still gives local health departments the ability to effectively respond to and communicate to communicable and infectious diseases as well as bioterrorism events to protect public health.” Representative Lee rose in support, saying the sponsor worked with stakeholders to secure neutrality or support.

On firearms, Representative McPherson explained first substitute HB 195 and an adopted amendment that aligns state forfeiture language with federal and state restricted-person categories. He said the bill prevents prosecutors from requiring forfeiture of a firearm as part of a plea-in-abeyance unless the person is charged with or otherwise becomes a restricted person under state or federal law. The sponsor said prosecutors may still seize firearms as evidence or when other statutes or court orders apply. Representative Thompson, who had been the lone no vote in committee, said the sponsor’s amendment addressed his concerns and announced he would vote for the bill on the floor.

Representative Guinn presented first substitute HB 78, describing the bill as extending the presumption of prison to attempted versions of certain serious offenses when the defendant’s intent was demonstrably to complete the crime. Guinn said the bill includes limited language allowing a judge to depart to probation in extenuating circumstances, but requires judges to put reasons on the record. Representative Miller spoke in support, commending the sponsor for stakeholder outreach.

Representative Gwynn described HB 238 as a narrow change allowing the final restricted accounts in the Department of Health and Human Services to retain interest earned; Gwynn said the money would be used for programs such as suicide prevention and services for people with severe disabilities. Representative Daley Provo said HB 266 codifies collaboration between the Department of Veterans Affairs and state homeless-services entities to help reduce veterans’ risk of homelessness.

Representative Stoddard said first substitute HB 222 tightens and clarifies access for a traffic-accident victim’s attorney to police accident reports while preserving witness privacy; supporters said the change will reduce court time and inconsistent agency practices. Representative Abbott described second substitute HB 276 as mostly technical and conforming changes to civil-commitment procedure, adding that hearings and examinations may be held by video conference unless a judge finds good cause otherwise.

Votes at a glance

- HB 294, Infectious Disease Procedures Amendments — Passed, 74 yes, 0 no; adopted amendment 2; sent to Senate. - HB 195, Firearm Retention Amendments (first substitute) — Passed, 72 yes, 0 no; adopted amendment 2; sent to Senate. - HB 78, Criminal Offense Amendments (first substitute) — Passed, 73 yes, 0 no; sent to Senate. - HB 238, Department of Health and Human Services Account Amendments — Passed, 73 yes, 0 no; sent to Senate. - HB 266, Veteran Housing Amendments — Passed, 74 yes, 0 no; sent to Senate. - HB 222, Access to Traffic Accident Evidence (first substitute) — Passed, 73 yes, 1 no; sent to Senate. - HB 276, Commitment Revisions (second substitute) — Passed, 72 yes, 0 no; sent to Senate.

What it means

Most of the bills approved were described on the floor as technical fixes, procedural clarifications or alignment with federal law. HB 294 was the most substantively discussed item on public-health authority and civil liberties; its sponsor said the change should restore public trust in local health departments by removing broadly written group-wide ‘‘orders of constraint’’ while preserving response tools for outbreaks or bioterrorism.

Next steps

All passed measures were recorded as transmitted to the Senate for consideration. Where the House adopted substitute or amendment language, the Senate will receive the amended text for its review, and further floor debate or committee action in the Senate is possible.

Reporting note: the article is based on the Feb. 11, 2025 House floor transcript and on presenters’ statements as recorded on the floor; vote tallies above are the totals announced on the House floor.