Utah 2026 General Session Status: To Executive 1 R cosponsors

HB 399 — Prohibition Against Student Character Tracking and Grading Systems

Last action — House/ filed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced January 27, 2026. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 44% · moderate confidence

  • To Executive

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

613 added · 586 removed

Plain-language change summary

The revised version of Bill HB 399 introduces clearer guidelines on the use of character education in schools by defining what character education is and specifying restrictions on who can use it. It now prohibits public entities from developing any related rules and mandates the state auditor to oversee compliance, ensuring greater accountability. Additionally, it establishes the right for individuals to take legal action if the provisions are violated, enhancing protection for students and families regarding their personal data. These changes are important because they aim to safeguard the privacy of students and ensure that character education is handled appropriately.

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HB0399S02 compared with HB0399S01 {Omitted text} shows text that was in HB0399S01 but was omitted in HB0399S02 inserted text shows text that was not in HB0399S01 but was inserted into HB0399S02 DISCLAIMER:
HB0399S02 compared with HB0399 {Omitted text} shows text that was in HB0399 but was omitted in HB0399S02 inserted text shows text that was not in HB0399 but was inserted into HB0399S02 DISCLAIMER:
Prohibition Against Student Character Tracking and Grading Systems GENERAL SESSION STATE OF UTAH Chief Sponsor:
{Primary } Prohibition Against Student Character Tracking and {Secondary Education Amendments} Grading Systems GENERAL SESSION STATE OF UTAH Chief Sponsor:
This bill defines character education and creates restraints on certain entities regarding the use of character education.
This bill defines character education and creates restraints on {a local education agency } certain entities regarding the use of character education.
H ● implementing character education;
● implementing character education;
B ● measuring, quantifying, tracking, or grading a student's character education;
H ● measuring, quantifying, tracking, or grading a student's character education;
an0 ● collecting and distributing character education data about a student;
and ▸ {prohibits certain local education agency personnel from providing } collecting and distributing character education {to } data about a student {in most instances} ;
9 ▸ outlines constitutional protections for a parent and the parent's children;
9 HB0399 compared with HB0399S02 ▸ {provides that this bill does not affect certain individual rights;} ▸ outlines constitutional protections for a parent and the parent's children;
S ▸ requires the state auditor to:
▸ requires the state auditor to:
0 HB0399S01 compared with HB0399S02 ● receive certain reports;
● receive certain reports;
▸ prohibits a public entity from creating certain rules related to character education;
▸ prohibits {the State Board of Education } a public entity from creating certain rules related to character education;
53E-2-301.
- 2 - HB0399 compared with HB0399S02 53E-2-301.
- 2 - HB0399S01 compared with HB0399S02 (b) economic prosperity for the state by graduating students who are college and career ready;
(b) economic prosperity for the state by graduating students who are college and career ready;
(b) "Ethnic studies" means the interdisciplinary social and historical study of how different populations have experienced and participated in building the United States of America, including the study of the culture, history, and contributions of Utahns of diverse ethnicities.
- 3 - HB0399 compared with HB0399S02 (b) "Ethnic studies" means the interdisciplinary social and historical study of how different populations have experienced and participated in building the United States of America, including the study of the culture, history, and contributions of Utahns of diverse ethnicities.
- 3 - HB0399S01 compared with HB0399S02 (i) Native American;
(i) Native American;
[(5)] (6) (a) By December 31, 2027, an LEA shall select curriculum and instructional materials for teaching ethnic studies to students in kindergarten through grade 12 that:
[(5)] (6) - 4 - HB0399 compared with HB0399S02 (a) By December 31, 2027, an LEA shall select curriculum and instructional materials for teaching ethnic studies to students in kindergarten through grade 12 that:
- 4 - HB0399S01 compared with HB0399S02 (i) focuses on shared identity and honoring unique cultural differences, including:
(i) focuses on shared identity and honoring unique cultural differences, including:
(1) (a) Except as provided in Subsection (8), Section 53G-9-604, and Section 53G-9-702, an LEA shall include in policies the LEA adopts under Section 53E-9-202 a requirement for obtaining prior written consent from the student's parent when administering to a student:
(1) - 5 - HB0399 compared with HB0399S02 (a) Except as provided in Subsection (8), Section 53G-9-604, and Section 53G-9-702, an LEA shall include in policies the LEA adopts under Section 53E-9-202 a requirement for obtaining prior written consent from the student's parent when administering to a student:
and - 5 - HB0399S01 compared with HB0399S02 (ii) any survey, analysis, or evaluation in which the purpose or effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student's or any family member's:
and (ii) any survey, analysis, or evaluation in which the purpose or effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student's or any family member's:
(c) Notwithstanding Subsections (1)(a) and (b), an LEA shall comply with the prohibitions on character education described in Section 53G-10-204.
(c) {An } Notwithstanding Subsections (1)(a) and (b), an LEA shall comply with the prohibitions on character education described in Section 53G-10-204.
(a) use the prior written consent described in Subsection (1) that a different LEA obtained for a student who transfers to the LEA after the beginning of the school year;
- 6 - HB0399 compared with HB0399S02 (a) use the prior written consent described in Subsection (1) that a different LEA obtained for a student who transfers to the LEA after the beginning of the school year;
or - 6 - HB0399S01 compared with HB0399S02 (ii) a consequence to a student for a student's lack of participation in any psychological or psychiatric examination, test, treatment, survey, analysis, or evaluation.
or (ii) a consequence to a student for a student's lack of participation in any psychological or psychiatric examination, test, treatment, survey, analysis, or evaluation.
(6) (a) Except in response to a situation which a school employee reasonably believes to be an emergency, as authorized under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports, by order of a court, or as described in Subsection (1)(b), disclosure to a parent must be given at least two weeks before information protected under this section is sought.
(6) - 7 - HB0399 compared with HB0399S02 (a) Except in response to a situation which a school employee reasonably believes to be an emergency, as authorized under Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports, by order of a court, or as described in Subsection (1)(b), disclosure to a parent must be given at least two weeks before information protected under this section is sought.
- 7 - HB0399S01 compared with HB0399S02 (c) Unless otherwise agreed to by a student's parent and the person requesting written consent, the authorization is valid only for the activity for which it was granted.
(c) Unless otherwise agreed to by a student's parent and the person requesting written consent, the authorization is valid only for the activity for which it was granted.
(b) An LEA shall develop and adopt a policy regarding intervention measures consistent with Subsection (8)(a) while requiring the minimum degree of intervention to accomplish the goals of this section.
- 8 - HB0399 compared with HB0399S02 (b) An LEA shall develop and adopt a policy regarding intervention measures consistent with Subsection (8)(a) while requiring the minimum degree of intervention to accomplish the goals of this section.
- 8 - HB0399S01 compared with HB0399S02 (11) Data collected from a survey described in Subsection (1):
(11) Data collected from a survey described in Subsection (1):
(a) be designed with a user-appropriate interface for use by teachers, school administrators, and parents;
- 9 - HB0399 compared with HB0399S02 (a) be designed with a user-appropriate interface for use by teachers, school administrators, and parents;
- 9 - HB0399S01 compared with HB0399S02 (i) teacher;
(i) teacher;
(a) integrate criteria for early warning indicators, including the following criteria:
- 10 - HB0399 compared with HB0399S02 (a) integrate criteria for early warning indicators, including the following criteria:
and (v) other criteria as determined by a local school board or charter school governing board;
and (v) other criteria as determined by a local school board or charter school governing board{, which may not include character education as that term is defined in Section 53G-10-204};
- 10 - HB0399S01 compared with HB0399S02 (b) provide a teacher or administrator the ability to view the early warning indicators described in Subsection (4)(a) with a student's assessment results described in Subsection (3)(b);
(b) provide a teacher or administrator the ability to view the early warning indicators described in Subsection (4)(a) with a student's assessment results described in Subsection (3)(b);
and (ii) no later than one school year after accessing a digital program, report to the state board in a format required by the state board on:
and - 11 - HB0399 compared with HB0399S02 (ii) no later than one school year after accessing a digital program, report to the state board in a format required by the state board on:
- 11 - HB0399S01 compared with HB0399S02 (6) A person shall provide or use information described in this section [ ]in accordance with[ ]:
(6) A person shall provide or use information described in this section [ ]in accordance with[ ]:
{(b) {"Character education" means current or historical social emotional learning frameworks, models, practices, programs, systems, or tools developed by any public or private source, including those from the Collaborative for Academic Social and Emotional Learning [CASEL], the Harvard University EASEL Lab, and civil society organizations and:} } (i){(b)} {includes an array of } "Character education" means interpersonal {and } or intrapersonal competencies {or skills organized into cognitive, emotional, metacognitive, psychosocial, social} , skills, or {spiritual domains } traits related to {shape } attitudes, beliefs{, language} , {or } existential meaning or purpose, mindsets {or to develop character} , dispositions, identity, or values{;} that are inherently subjective or open to interpretation.
{(b) } - 12 - HB0399 compared with HB0399S02 {(i) {"Character education" means social emotional learning developed by any public or private source which is aligned or related to current or historical frameworks or models, including those from the Collaborative for Academic Social and Emotional Learning [CASEL], the Harvard University EASEL Lab, or civil society organizations and:} } (A){(b)} {includes a wide array of } "Character education" means interpersonal or intrapersonal competencies {or } , skills {organized into cognitive, emotional, metacognitive} , {psychosocial, social, } or {spiritual domains } traits related to {shape } attitudes, beliefs, existential meaning or purpose, mindsets {or to develop character} , dispositions, identity, or values{;} that are inherently subjective or open to interpretation.
- 12 - HB0399S01 compared with HB0399S02 {(ii) {is referred to by an array of terms, including 21st century skills, competencies, civic or family engagement, durable skills, lifelong learning skills, interventions, non-academic skills, services, social skills, soft skills, subjective skills, personalized learning, or wellbeing;} } {(iii) {establishes practices or rituals related to existential meaning or purpose;
{(B) {is referred to by an array of terms, including 21st century skills, competencies, civic or family engagement, durable skills, lifelong learning skills, interventions, non-academic skills, social skills, soft skills, subjective skills, personalized learning, or wellbeing;} } {(C) {establishes practices or rituals related to existential meaning or purpose;
or} } {(iv) {uses speech-ranking indexes or tools to establish or measure the social or emotional value or effect of communication.} } (c) "Instructional personnel" means the same as {that term is } defined in Section 53G-10-206.
or} } {(D) {uses speech-ranking indexes or tools to establish or measure the social or emotional value or effect of communication.} } {(ii) {"Character education" does not include specific provisions a parent designates for the parent's student's IEP or 504 accommodation plan which are consistent with the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973 as amended in the area of public elementary and secondary education.} } (c) "Instructional personnel" means the same as {that term is } defined in Section 53G-10-206.
(d) "Public entity" means the same as {that term is } defined in Section 76-1-101.5.
(d) "Public entity" means the same as defined in Section 76-1-101.5.
(e) "Student" means a student in pre-kindergarten through grade 12 who is:
(d){(e)} {Student} "Student" means a student in pre-kindergarten through grade 12 who is:
(d) the Free Exercise Clause protects against state education institutions establishing imposing sectarian or partisan tests, qualifications, or systems of thought and belief on students, regardless of the extent to which these align or conflict with those taught at home;
- 13 - HB0399 compared with HB0399S02 (d) the Free Exercise Clause protects against state education institutions establishing imposing sectarian or partisan tests, qualifications, or systems of thought and belief on students, regardless of the extent to which these align or conflict with those taught at home;
(a) categorize, grade, {implement, } measure, monitor, standardize, or track the character education of a student or studentsusing current or historical social emotional learning frameworks, models, policy guides, practices, programs, rituals, rubrics, systems, taxonomies, or tools developed by any public or private source, or using speech-ranking tools indexed to the social or emotional value or effect of communication;
(a) categorize, grade, {implement, inform, } measure, monitor, standardize, or track the character education of a studentor students using current or historical social emotional learning frameworks, models, policy guides, practices, programs, rituals, rubrics, systems, taxonomies, or tools developed by any public or private source, or using speech-ranking tools indexed to the social or emotional value or effect of communication;
- 13 - HB0399S01 compared with HB0399S02 {(b) {coordinate or scale character education;} } (c){(b)} collect data or produce information, including biometric and psychometric, on the character education of a student or students, including for distribution or use in any repository, dashboard, database, digital interface, or networked or interoperable system;
{(b) {coordinate or scale character education;} } (c){(b)} collect data or produce information, including biometric and psychometric, on the character education of a student or students, including for distribution or use in any repository, dashboard, database, digital interface, or networked or interoperable system;
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(b) administrative or instructional personnel from communicating an objective observation of student {behavior } attendance, behavior, or {activity } coursework to a student, a parent, the appropriate personnel, or the proper authorities;
(b) administrative or instructional personnel from communicating an objective observation of student {behavior } attendance, behavior, or {activity } coursework to a {parent} student, a parent, the appropriate personnel, or the proper authorities;
(i) {acting } crisis response to protect an individual's immediate physical safety;
(i) crisis response to protect an individual's immediate physical safety;
or (ii) notifying a parent, the appropriate personnel, or the proper authorities of personal knowledge of student behavior that is criminal, delinquent, related to self-harm or discipline, or of serious concern;
or (c){(ii)} {administrative or instructional personnel from acting to protect an individual's immediate physical safety, or from notifying parents } notifying a parent, the appropriate personnel, or the - 14 - HB0399 compared with HB0399S02 proper authorities {as specified in state statute } of personal knowledge of student behavior that is criminal, delinquent, {or discipline-related student behavior;
(d) an LEA from maintaining and sharing records and communications compliant with Subsection (3) specific to the student behavior described in Subsections (4)(b) and (c) with:
or} related to self-harm or discipline, or of serious concern;
(d) an LEA from {keeping } maintaining and sharing records and communications compliant with Subsection (3) specific to the student behavior described in {Subsection (4)(b) } Subsections (4)(b) and (c) with:
or (iii) the proper authorities;
or (iii) the {criminal justice system.} proper authorities;
(a) establish a process to receive reports from individuals alleging a violation of Subsection (3), which includes:
(a) establish a process to receive reports from individuals alleging a violation of Subsection (3){;} , which includes:
- 14 - HB0399S01 compared with HB0399S02 (i) publishing on a publicly-accessible dashboard on the state auditor's website the number of complaints received monthly and yearly;
(i) publishing on a publicly-accessible dashboard on the state auditor's website the number of complaints received monthly and yearly;
(c) provide written notice of the alleged violation to the public entity responsible for employing or engaging the services of the administrative or instructional personnel;
(c) provide written notice of the alleged violation to the {LEA } public entity responsible for employing or engaging the services of the administrative or instructional personnel;
(d) have unrestricted access to any public entity records, systems, or properties it may deem additionally necessary to verify an alleged violation or confirm a remedy of a violation of Subsection (3);
(d) have unrestricted access to any {LEA } public entity records, systems, or properties it {deems } may deem additionally necessary to {obtain verification of } verify an alleged violation or confirm a remedy of a violation of Subsection (3);
(e) determine violations of Subsection (3) on a prima facie basis;
{and} (e) determine violations of Subsection (3) on a prima facie basis{.} ;
(a) provide a public entity a written notice of the determined violation, which:
(a) provide a {LEA } public entity a written notice of the determined violation, which:
(i) informs the public entity that the violation requires the state auditor to withhold funds in accordance with Section 67-3-1 until the state auditor can confirm the public entity's compliance with this section;
{(i) {assesses the LEA an immediate fine of $2,500;
and (ii) informs the public entity that the public entity has {14 } 60 calendar days to provide a written assurance of compliance which:
and} } - 15 - HB0399 compared with HB0399S02 (i) informs the public entity that the violation requires the state auditor to withhold funds in accordance with Section 67-3-1 until the state auditor can confirm the public entity's compliance with this section;
(A) confirms that the public entity has remedied the violation;
and (ii) informs the {LEA } public entity that the public entity has {14 } 60 calendar days to provide a written assurance of compliancewhich:
(B) lists the actions the public entity has taken to remedy the violation;
(A) {confirming } confirms that the {LEA } public entity has remedied the violation;
and (C) commits {to } the public entity to preventing a recurrence of the violation;
(B) {listing } lists the actions the {LEA } public entity has taken to remedy the violation;
and (C) {committing to the LEA } commits the public entity to preventing a recurrence of the violation;
(i) the name of the public entity in violation of Subsection (3);
(i) the name of the {LEA } public entity in violation of Subsection (3);
(v) upon receipt from the public entity, a link to a copy of the written assurance of compliance required under Subsection (6)(a)(ii);
(v) upon receipt from the {LEA} public entity, a link to a copy of the written assurance of compliance required under Subsection (6)(a)(ii);
and (vi) the compliance status of the public entity, including that described in Subsection (6)(b)(vi);
and (vi) the compliance status of the {LEA } public entity, including that described in Subsection {(6)(e) (i);} (6)(b)(vi);
and - 15 - HB0399S01 compared with HB0399S02 (c) for a public entity with three or more determined violations of this section in a rolling five-year period, whether distinct or repeat violations:
and {(c) {assess an LEA a fine of $10,000 for:} } {(i) {each day for which the state auditor has not received a written assurance of compliance from the LEA in excess of the 14 calendar days described in Subsection (6)(a)(ii);
(i) designate, on the state auditor's website, the public entity as a non-compliant actor;
and} } {(ii) {a violation of Subsection (3) similar in nature to one that the state auditor previously determined to be a violation of Subsection (3);} } {(d) {deposit fines received under Subsections (6)(a)(i) and (6)(c) into the General Fund;
and (ii) recommend the public entity to the United States Department of Justice for a possible violation of U.S.C.
and} } (e){(c)} for {an LEA } a public entity with three or more determined violations of this section in a rolling five-year period, whether distinct or repeat violations:
(i) designate, on the state auditor's website, the {LEA } public entity as a non-compliant actor;
and (ii) recommend the {LEA } public entity to the United States Department of Justice for a possible violation of 18 U.S.C.
(7) (a) A parent of a student affected by a violation of Subsection (3) may bring a private right of action against a public entity for a violation of Subsection (3).
(7) - 16 - HB0399 compared with HB0399S02 (a) A parent of a student affected by a violation of Subsection (3) may bring a private right of action against {an LEA } a public entity for a violation of Subsection (3).
(8) Notwithstanding any rulemaking authority of a public entity, a public entity may not make rules regarding this section.
(8) Notwithstanding any rulemaking authority of {the state board} a public entity, {the state board } a public entity may not make rules regarding this section.
(9) (a) A public entity may train administrative and instructional personnel consistent with the provisions of this section.
(9) (a) {An LEA } A public entity may train administrative and instructional personnel consistent with the provisions of this section.
(b) A public entity may not use the training described in Subsection (9)(a) as an affirmative defense in action taken under Subsection (7)(a).
(b) {An LEA } A public entity may not use the training described in Subsection (9)(a) as an affirmative defense in action taken under Subsection (7)(a).
- 16 - HB0399S01 compared with HB0399S02 (1) As used in this section, "Constitutional government education" means, in relation to Utah and the United States, direct instruction informing students of the purpose, function, and structure of a Constitutional republic.
(1) As used in this section, "Constitutional government education" means, in relation to Utah and the United States, direct instruction informing students of the purpose, function, and structure of a Constitutional republic.
(b) strong religious and moral values cultivated within the family are essential to the preservation of the liberties guaranteed through constitutional government and for the welfare of succeeding generations;
- 17 - HB0399 compared with HB0399S02 (b) strong religious and moral values cultivated within the family are essential to the preservation of the liberties guaranteed through constitutional government and for the welfare of succeeding generations;
(4) Local school boards and school administrators may provide training, direction, and encouragement, as needed, to accomplish the intent and requirements of this section and to effectively emphasize - 17 - HB0399S01 compared with HB0399S02 Constitutional government education in the public schools, consistent with the provisions of Section 53G-10-204.
(4) Local school boards and school administrators may provide training, direction, and encouragement, as needed, to accomplish the intent and requirements of this section and to effectively emphasize Constitutional government education in the public schools, consistent with the provisions of Section 53G-10-204.
(b) "Refusal skills" means instruction:
- 18 - HB0399 compared with HB0399S02 (b) "Refusal skills" means instruction:
- 18 - HB0399S01 compared with HB0399S02 (C) fostering [character development and ]decision-[ ]making through the success sequence;
(C) fostering [character development and ]decision-[ ]making through the success sequence;
(D) human development;
- 19 - HB0399 compared with HB0399S02 (D) human development;
and - 19 - HB0399S01 compared with HB0399S02 (D) any means or methods that facilitate or encourage the violation of any state or federal criminal law by a minor or an adult, including as a response to a spontaneous question from a student;
and (D) any means or methods that facilitate or encourage the violation of any state or federal criminal law by a minor or an adult, including as a response to a spontaneous question from a student;
(c) (i) As used in this Subsection (2), "contraceptive methods or devices" does not include abortion or any abortive methods.
(c) - 20 - HB0399 compared with HB0399S02 (i) As used in this Subsection (2), "contraceptive methods or devices" does not include abortion or any abortive methods.
- 20 - HB0399S01 compared with HB0399S02 (C) adopt the instructional materials in an open and regular meeting of the LEA governing board for which parents of students who attend the respective schools receive prior notice;
(C) adopt the instructional materials in an open and regular meeting of the LEA governing board for which parents of students who attend the respective schools receive prior notice;
(3) A student shall receive the instruction described in Subsection (2) on at least two occasions between the beginning of grade 7 and the end of grade 12.
- 21 - HB0399 compared with HB0399S02 (3) A student shall receive the instruction described in Subsection (2) on at least two occasions between the beginning of grade 7 and the end of grade 12.
- 21 - HB0399S01 compared with HB0399S02 (c) The state board or an LEA governing board may not allow training of school employees or volunteers that supports or encourages criminal conduct.
(c) The state board or an LEA governing board may not allow training of school employees or volunteers that supports or encourages criminal conduct.
(6) Except as provided in Section 53G-10-202, an individual may not teach or provide instruction on political, atheistic, sectarian, religious, or denominational doctrine in the public schools.
- 22 - HB0399 compared with HB0399S02 (6) Except as provided in Section 53G-10-202, an individual may not teach or provide instruction on political, atheistic, sectarian, religious, or denominational doctrine in the public schools.
- 22 - HB0399S01 compared with HB0399S02 (8) An LEA governing board shall review every two years:
(8) An LEA governing board shall review every two years:
and (c) the number of pornography complaints or other instances reported within the jurisdiction of the LEA governing board.
and - 23 - HB0399 compared with HB0399S02 (c) the number of pornography complaints or other instances reported within the jurisdiction of the LEA governing board.
- 23 - HB0399S01 compared with HB0399S02 (i) audit each permanent fund, each special fund, the General Fund, and the accounts of any department of state government or any independent agency or public corporation as the law requires, as the auditor determines is necessary, or upon request of the governor or the Legislature;
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of any department of state government or any independent agency or public corporation as the law requires, as the auditor determines is necessary, or upon request of the governor or the Legislature;
(B) accuracy and reliability of financial statements;
- 24 - HB0399 compared with HB0399S02 (B) accuracy and reliability of financial statements;
- 24 - HB0399S01 compared with HB0399S02 (iii) whether the entity's operations have been conducted in an efficient, effective, and cost-efficient manner;
(iii) whether the entity's operations have been conducted in an efficient, effective, and cost-efficient manner;
and (ii) has, within the entity's last budget year, had the entity's financial statements or performance formally reviewed by another outside auditor.
and - 25 - HB0399 compared with HB0399S02 (ii) has, within the entity's last budget year, had the entity's financial statements or performance formally reviewed by another outside auditor.
- 25 - HB0399S01 compared with HB0399S02 (i) refuses to settle accounts or provide required statements about the custody and disposition of public funds or other state property;
(i) refuses to settle accounts or provide required statements about the custody and disposition of public funds or other state property;
(g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that officials and employees in those taxing units comply with state laws and procedures in the budgeting, expenditures, and financial reporting of public funds;
- 26 - HB0399 compared with HB0399S02 (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that officials and employees in those taxing units comply with state laws and procedures in the budgeting, expenditures, and financial reporting of public funds;
and (iii) may prohibit a state or local fee-assessing unit from accessing money held in an account of a financial institution by filing an action in a court with jurisdiction under Title 78A, Judiciary and - 26 - HB0399S01 compared with HB0399S02 Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the fee-assessing unit access to an account.
and (iii) may prohibit a state or local fee-assessing unit from accessing money held in an account of a financial institution by filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the fee-assessing unit access to an account.
and (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an account of a financial institution by:
and - 27 - HB0399 compared with HB0399S02 (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an account of a financial institution by:
or - 27 - HB0399S01 compared with HB0399S02 (B) filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the entity access to an account.
or (B) filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the entity access to an account.
(a) shall authorize a disbursement by a local government entity or limited purpose entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing unit if the disbursement is necessary to:
- 28 - HB0399 compared with HB0399S02 (a) shall authorize a disbursement by a local government entity or limited purpose entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing unit if the disbursement is necessary to:
- 28 - HB0399S01 compared with HB0399S02 (i) state and federal funds appropriated to local mental health authorities are used for mental health purposes;
(i) state and federal funds appropriated to local mental health authorities are used for mental health purposes;
and (iv) a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse programs or services for a local substance abuse authority is in compliance with state and local contract requirements, and state and federal law.
and - 29 - HB0399 compared with HB0399S02 (iv) a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse programs or services for a local substance abuse authority is in compliance with state and local contract requirements, and state and federal law.
- 29 - HB0399S01 compared with HB0399S02 (i) prepare a Uniform Accounting Manual for Special Districts that:
(i) prepare a Uniform Accounting Manual for Special Districts that:
(ii) maintain the manual under this Subsection (16)(a) so that the manual continues to reflect generally accepted accounting principles;
- 30 - HB0399 compared with HB0399S02 (ii) maintain the manual under this Subsection (16)(a) so that the manual continues to reflect generally accepted accounting principles;
(ii) records and audit workpapers to the extent the workpapers would disclose the identity of an individual who during the course of an audit, communicated the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, - 30 - HB0399S01 compared with HB0399S02 or regulation adopted under the laws of this state, a political subdivision of the state, or any recognized entity of the United States, if the information was disclosed on the condition that the identity of the individual be protected;
(ii) records and audit workpapers to the extent the workpapers would disclose the identity of an individual who during the course of an audit, communicated the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the laws of this state, a political subdivision of the state, or any recognized entity of the United States, if the information was disclosed on the condition that the identity of the individual be protected;
and (v) requests for audits, if disclosure would risk circumvention of an audit.
and - 31 - HB0399 compared with HB0399S02 (v) requests for audits, if disclosure would risk circumvention of an audit.
- 31 - HB0399S01 compared with HB0399S02 (19) The state auditor shall, with the advice and consent of the Senate, appoint the state privacy auditor described in Section 67-3-13.
(19) The state auditor shall, with the advice and consent of the Senate, appoint the state privacy auditor described in Section 67-3-13.
(21) (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits of:
(21) - 32 - HB0399 compared with HB0399S02 (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits of:
- 32 - HB0399S01 compared with HB0399S02 (b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct the inquiry requested.
(b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct the inquiry requested.
(a) ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in accordance with Section 63G-31-401;
- 33 - HB0399 compared with HB0399S02 (a) ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in accordance with Section 63G-31-401;
(27) The state auditor shall ensure compliance with Section 53G-10-204 regarding the use of character education.
(27) The state auditor shall ensure compliance with Section 53G-10-204 regarding {a public entity's } the use of character education.
2-23-26 10:11 AM - 33 -
2-23-26 10:11 AM - 34 -
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Action History

  1. House/ filed

  2. House/ strike enacting clause

  3. House/ comm rpt/ sent to Rules [House Rules Committee]

  4. House Comm - Recommends Returned to Rules [House Education Committee]

  5. LFA/ fiscal note publicly available for HB0399S02

  6. LFA/ fiscal note sent to sponsor for HB0399S02

  7. LFA/ bill sent to agencies for fiscal input for HB0399S02

  8. LFA/ bill assigned to staff for fiscal analysis for HB0399S02

  9. House Comm - Held [House Education Committee]

  10. LFA/ fiscal note publicly available for HB0399S01

  11. LFA/ fiscal note sent to sponsor for HB0399S01

  12. House/ to standing committee [House Education Committee]

  13. Bill Substituted by Sponsor in House Rules Comm [House Rules Committee]

  14. LFA/ bill sent to agencies for fiscal input for HB0399S01

  15. LFA/ bill assigned to staff for fiscal analysis for HB0399S01

  16. House/ received fiscal note from Fiscal Analyst

  17. LFA/ fiscal note publicly available for HB0399

  18. LFA/ fiscal note sent to sponsor for HB0399

  19. House/ 1st reading (Introduced)

  20. House/ received bill from Legislative Research

  21. LFA/ bill sent to agencies for fiscal input for HB0399

  22. LFA/ bill assigned to staff for fiscal analysis for HB0399

  23. Numbered Bill Publicly Distributed

  24. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 103 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (103)

103 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

education
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Frequently asked questions

Who sponsors HB 399?
HB 399 is sponsored by Trevor Lee (Republican).
What is the current status of HB 399?
This bill has been sent to the executive. Introduced January 27, 2026. It awaits signature.
Where can I track HB 399?
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