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SALT LAKE CITY — Rep. Stephanie Gricius knows what it's like to have to pull over to the side of the road because of pregnancy sickness.
So with other expectant mothers in mind, the Eagle Mountain Republican is sponsoring a bill that she hopes will help them save time while also recognizing a fetus as a separate person.
With HB256, Gricius wants to allow pregnant drivers access to HOV lanes on Utah highways. It's a bill that she said she decided to run after an "off-handed comment" about how difficult pregnancy can be.
Last year, Texas lawmakers faced the same issue after a pregnant woman, because Roe v. Wade had been overturned, claimed she should be able to use the carpool lane. Authorities ruled that she could not use the lane, arguing that passengers must be "outside the body." A Texas legislator later proposed a bill that allows pregnant drivers to use the lane, but the bill failed, expiring before it could reach committee.
'A separate person'
Gricius aims to pass legislation similar to that in Utah.
"Utah has recognized an unborn child as a separate person. We've done that with our abortion laws, we've done that with our homicide laws, so we might as well do that with our carpool laws," Gricius said.
HB256 cleared its first legislative hurdle Monday, when the House Transportation Committee voted 6-3 to endorse it and advance it to the House floor.
One Democrat and two Republicans voted against the bill — Reps. Brett Garner, D-West Valley; Jeffrey Stenquist, R-Draper; and Douglas Welton, R-Payson.
In her presentation to the committee, Gricius cited current Utah laws that establish a fetus as a separate person. She said it seems odd to have the rule apply in some areas of state code but not all, and she asked the committee to support her bill to clarify a pregnant driver as two individuals.
If a police officer pulls over a woman and can't visually determine if she is pregnant, Gricius said the woman would submit documents providing proof of pregnancy to the court clerk and receive an automatic citation dismissal.
'Diluting the purpose'
In the committee meeting, questions arose about how the bill would be enforced. Stenquist wondered if the proposed law is "diluting the purpose of the carpool lane." He said it could deter officers from pulling over women who appear to be driving alone.
"We trust our officers on a regular basis to make judgment calls on much more important issues than a carpooling violation," Gricius said.
Gricius argued having a 3-year-old child in the car is comparable to that scenario. Even if a child in a car seat can't be seen from outside the vehicle, they still count toward the two-person minimum requirement to use the HOV lane.
"I don't see it as any different" than having a young child in the car, she said. The officer will approach the vehicle, assess it and make the decision they deem necessary in that moment, Gricius said.
"In any other circumstances, an unlicensed driver could be a second occupant in that. That does not reduce emissions," Gricius said, referring to the goal of the carpool lane. The bill, she said, only clarifies that an unborn child counts as another person.
The law would provide that the government "treat all children equally," Gricius said.
The idea of a sticker or plaque given to pregnant drivers was proposed by Brent Budge, a community member, and led to further discussion, but Gricius argued that if funding were needed for the bill, it wouldn't find support in the full House or Senate.
A doctor's note could offer a solution to the problem, she said.
'Very pro-woman'
Supporters from the Abortion-Free Utah Coalition, the Utah Eagle Forum and Pro-Life Utah advocated for the bill. Supporters said an unborn fetus qualifies as a person, and the bill aligns with current Utah abortion law.
Gricius told the Deseret News the bill has little to do with the abortion laws in the state and more to do with advocating for pregnant women.
"Pregnancy is hard, and as we've cracked down on abortion, we will be seeing more pregnant women in Utah," she said.
When a woman is pregnant, Gricius said, "when you've got to go you've got to go," and the legislation is designed to help women save an extra five minutes and prevent them from having to pull off to the side of the road.
"This is not just a pro-life, pro-baby bill," Gricius said. "It's also very pro-woman."
