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February 7, 2023

Updated: Jan 26

HB 1 – “The Feed Bill”

This bill is exactly what the name implies – It feeds (pays) for the Legislature during session, interim committee expenses, and the annual costs for full and part-time staff that supports the work of the legislative body throughout the year.

The interesting thing about HB 1 is that it has an emergency clause attached to it. An emergency clause requires two-thirds of the body to vote in favor of the bill. When that happens, it goes into effect immediately after the governor chapters the legislation.

The ask this year was for $57,433,500. In comparison, the 2019 and 2021 (60-day Session) requests were $26,194,090 and $30,314,100, respectively.

This bill had over $17 million in pork projects that by-passed the normal appropriation process.

This bill passed the house on 1/18, the senate on 1/19 and was chaptered by the governor on 1/20/2023. I voted no.

HB 125 – School Dual Credit Force

Creates a 12-member dual credit task force to be appointed by July 1, 2023 to examine current course offerings, dual credit enrollment practices, faculty hiring practices, student support services, credit transferability and barriers to increasing dual credit participation.

The task force will propose and employ metrics for determining effectiveness and defining student success, identify practices that increase/decrease access and successful completion. The task force shall report findings and recommendations to the Governor, LESC and the Legislature by January 1, 2024.

This legislation passed the house with no opposing votes.

HB 26/a – Notice for Abandoned Property Lists/HJC Amended

Restores four newspaper publication requirements relating to abandoned property that were eliminated in the 2021 Omnibus Tax Administration Act.

This bill includes an unfunded recurring mandate of $118,000/year, which will grow with inflation, and, therefore, would require Tax and Revenue to “hold vacant an estimated three positions” to offset this cost.

This bill passed the house on a 41/22 vote. I voted no.

HB 43 – Affirmative Consent Policy in Schools

Requires public and private postsecondary institutions receiving state scholarship funds to adopt policies and trauma-informed responses that address affirmative consent and prevention of sexual assault, domestic violence, dating violence, harassment, and stalking. Amends the Public-School Code to require the Public Education Department to adopt similar policies and tr

auma-informed responses for public schools to implement. Requires all institutions and public schools to arrange for outside assistance to students and to provide comprehensive prevention and outreach policies for affirmative consent and prevention of sexual misdeeds. Requires that the health education graduation requirement explicitly address affirmative consent.

Sounds great, but the devil is in the details. This legislation would require new material and graduation requirements within a High School Health Education Course, but, during debate, the bill sponsor suggested that this training could occur in elementary schools as well. This implies that elementary schools teach “implied consent” to a minor – A Worst Case Scenario – Imagine your 10-year-old giving “consent”!

Finally, the legality of this legislation creates several concerns with the Sixth and Fourteenth Amendment of the US Constitution with respect to the Policies and Procedures lined out within Section 1 and 2 of the bill.

Do I believe that only “Yes” means “Yes”? Of course! As a father of 3 daughters, it was my job to teach this to my girls!

As your State Representative, one of my primary duties is to uphold the constitution. I voted no.

HB 48 – Independent Certified RN Anesthetists

Amends licensure provisions for certification as a registered nurse anesthetist in two ways:

1. Changes the standard of care and services from those of the American Association of Nurse Anesthetists to the current guidelines for nurse anesthesia practice issued by the National Professional Association representing Certified Registered Nurse Anesthetists (CRNA); and

2. Authorizes a certified registered nurse anesthetist to function in either an independent role or in collaboration with other health care providers in accordance with the policies of a health care facility.

The proposed changes are not a “scope of practice” increase for CRNAs. Instead, it modifies the practice act to formalize changes that are already occurring in the industry.

This legislation passed the House with no opposition.

Important Upcoming Floor Debates to Watch for:

HB 9 – Unlawful Access to Firearm by Minor

HB 95 – Renewable Energy Office in State Land Office


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