Utah House advances H.B. 256 after rejecting broadened HOV substitute

SALT LAKE CITY — The Utah House on Feb. 3 passed House Bill 256, a measure that recognizes a pregnant person as an occupant for purposes of high-occupancy vehicle (HOV) lane use and would allow a physician-signed note to justify the exemption. Representative Gracious, sponsor of the bill, told colleagues the measure is “a life affirming bill” and said it responds to practical needs of pregnant people on the road.

Supporters said the Utah Department of Transportation (UDOT) told the sponsor HOV lanes are underutilized and that the change would have no fiscal impact to the state. Representative Gracious said she had discussed enforcement with highway patrol and that “they have indicated that enforcement will not be a problem.”

Representative Garner offered a substitute to change the statutory definition of a high-occupancy vehicle from two occupants to three, arguing that a stricter HOV threshold would better reduce vehicle trips and exposure to air pollution for fetuses and pregnant people. “Toddlers whose moms were exposed to higher levels of air pollution during mid to late pregnancy tend to score lower on measures of cognition, motor coordination, and language skills,” Garner said, citing a study she summarized from CU Boulder and urging the body to take a more conservative approach.

Opponents of the substitute questioned its germaneness to the underlying bill and warned it would create additional fiscal and enforcement burdens. Representative Gracious said UDOT does not see a capacity problem and argued moving more people into HOV lanes could reduce congestion.

The House voted on the motion to adopt the Garner substitute and the motion failed. The underlying H.B. 256 then passed the House and was referred to the Senate for consideration.

What’s next: H.B. 256 will be transmitted to the Utah Senate for further consideration. If enacted, the statute would allow a pregnant person who provides a doctor’s note to use HOV lanes under the bill’s terms.

Vote record: The House reported the bill as having passed and referred to the Senate; the floor tally in the transcript shows the motion failed on the substitute and the underlying bill was approved and forwarded to the Senate.