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Utah Senate advances a wave of House bills; key debates on trust investments, water reuse, peyote law and probate loophole
Summary
The Utah Senate on Feb. 9 advanced a large second‑reading calendar to third reading, approving numerous House bills and debating several substantive items: an investment‑status change for the permanent land grant trust, a framework for water reuse projects, clarification of peyote’s religious exemption, and a probate amendment to bar murderers from inheriting while protecting certain battered persons. One pilot program bill was tabled on fiscal grounds.
SALT LAKE CITY — The Utah Senate on Feb. 9 moved a broad package of House bills toward final consideration while spending concentrated floor time on several high‑profile policy matters.
Senators voted to read many bills for a third time after short sponsor presentations and roll‑call votes. In floor debate, supporters of House Bill 78 argued the permanent land grant trust — the public fund that benefits Utah’s public schools — should be removed from short‑term State Money Management Act rules and governed under longer‑term fiduciary standards. “This trust…has grown in the last 10 years from, from under a hundred million dollars to over $600,000,000,” Senator Orrin Hatch said, adding that “last year, the fund on investments made over a hundred million dollars in gains.” He told colleagues the change would allow more diversification and potentially improve long‑term performance; no questions were raised and the chamber advanced the bill to third reading.
Water reuse drew sustained attention. Senator Hatch told the Senate House Bill 38 establishes a consistent statewide process for evaluating sewage‑effluent reuse projects, protects underlying water rights and creates a route for affected water users to protest proposed reuse. He said the measure grew out of a broad task force and has water community support: “it has their unanimous support,” he said. Sponsors said falling treatment costs make reuse more economically feasible and the bill provides a framework for coordination among the state water engineer and the water quality board.
House Bill 60, addressing the state’s treatment of peyote, prompted legal and constitutional discussion. Sponsor Senator L. Bell described the bill as closing a loophole: peyote remains a controlled substance but — consistent with federal law — may be used by members of recognized Native American religious organizations in valid ceremonies. Senators raised equal‑protection and federal‑preemption concerns. Senator Thomas urged caution about how courts might later treat non‑Native members of a Native American church; proponents pointed to Attorney General counsel and national tribal support for the clarification.
The chamber also amended House Bill 63, which closes a probate code gap that in rare cases let people who committed homicide inherit from their victims. Senator Arendt described the problem and Senator Thomas offered a floor amendment to create a narrow judicial exception to prevent “manifest injustice” in unique situations such as certain battered‑person cases. That amendment passed on the floor and the bill advanced.
Not all proposals moved forward unchanged. House Bill 31, a pilot employment program for people with disabilities that would have allocated approximately $150,000 per year to contract with private employment agencies, was uncircled and debated but later tabled on third reading after the sponsor disclosed a fiscal note above $10,000.
Votes at a glance (selected floor actions reported): - HB 78 (permanent land grant trust — investment status): advanced to third reading (reported: 24 yes). Sponsor: Sen. Hatch. - HB 38 (water reuse requirements): advanced to third reading (reported: 25 yes). Sponsor: Sen. Hatch. - HB 60 (controlled substances — peyote): advanced to third reading (reported: 26 yes). Sponsor: Sen. Bell. - HB 63 (probate code — homicide; floor amendment adopted): bill amended on floor to add limited judicial exception; advanced to third reading (reported: 27 yes). Sponsor: Sen. Arendt. - HB 31 (pilot program — services for people with disabilities): uncircled and presented; later tabled on third reading due to fiscal impact (motion carried). - Multiple other House bills (including HB 18, 52, 82, 232, 32, 34, 66, 13, 15, 67, 54, 55 (first substitute tabled on third), 49, 50, 56, 212, 219) were advanced to be read for a third time; tallies and sponsors are recorded on the floor record.
What’s next: Most of the bills advanced will appear on the third‑reading calendar for final action. The Senate adjourned to reconvene at 10 a.m. Friday. Senators were reminded of the president’s dinner that evening at Lakai.
(Reporting from the Senate floor; quotes and tallies are drawn from the Feb. 9, 2006 Senate floor transcript.)
