House approves bill repealing court-enjoined portions of last year’s licensing law after heated debate

The Utah House on Feb. 20 passed HB 5 60, titled "licensing modifications," to repeal portions of last year’s HB 467 that are currently enjoined by court order. Sponsor Representative Lisonbee said the measure preserves hospital- and clinic-related language while removing provisions the courts have blocked, and that the change is intended to simplify ongoing litigation. "Those portions are currently enjoined by the courts," Lisonbee said during floor debate, adding that the measure would remove the enjoined language from code to clarify the question before the courts.

The vote followed a sharp exchange on separation-of-powers grounds. Representative King argued the Legislature should not act in a way that affects ongoing litigation and said, "It’s long been the position of the legislative branch that we should not interfere with or take positions with the intention of affecting or interfering with ongoing litigation." King said the change effectively inserts the Legislature into courtroom matters and called the policy a threat to individual liberty and family decision-making.

Sponsor Lisonbee responded that the specific provisions targeted by HB 5 60 are not being enforced while under court order and that the repeal is intended to streamline the legal questions the courts must resolve. "So the current language in the bill is not enforced," Lisonbee said when asked whether the change would authorize procedures that are presently blocked by injunction.

Supporters including Representatives Brammer and Shipp framed the measure as restoring statutory clarity and said it would preserve health-care provisions worked out with hospitals and clinicians. Representative Shipp said the bill would, in his words, "help save babies' lives," stating his vote in favor reflected those policy goals.

Opponents urged caution. Representative King warned of process concerns and argued the vote would be judged in the court of public opinion. The sponsor and backers said the repeal only removes language enjoined by courts and does not change enforceable practice beyond those existing injunctions.

The House recorded final passage for HB 5 60 at 59 yes votes and 10 no votes. The bill will be transmitted to the Senate for further consideration.

What happens next: the bill moves to the Senate where legislators there will consider the measure and any legal implications. Because parts of the existing code are the subject of litigation, legal counsel and the courts may play a role going forward.