Was last-second bill passed by Utah Senate legal?

SALT LAKE CITY — Utah Senate President J. Stuart Adams issued a statement on Monday determining that the bill did not pass within the constitutionally required timeframe.

“After careful review, I determined that H.B. 212 did not pass within the constitutionally required timeframe,” Adams said. “At the conclusion of the general session, all legislation undergoes review to ensure compliance with constitutional and statutory requirements.”

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SALT LAKE CITY – As the clock struck midnight – literally – the Utah Senate passed the final bill of the 2026 legislative session, which appears to create a pathway to break up Salt Lake County.

But as video from the Utah Legislature’s website shows, voting on HB212 was still underway for a few seconds after midnight hit and the 45-day session had ended. The Senate board displayed 12:00 a.m. on “Day 46,” but two senators still hadn’t voted, and the bill hadn’t officially been declared successful.

The Legislature’s official online record shows the bill passed at 12:00 a.m. on March 7. The session was officially scheduled to end on March 6. The Utah Constitution specifies that a general session may not last beyond 45 days.

“There were at least 15 votes before midnight, and we consider it valid,” Senate spokesperson Aundrea Peterson told KSL on Saturday. “Just like with all bills, during the enrolling process, we review everything to ensure it’s valid.”

A bill must receive 15 votes to pass the Senate. Sen. Ron Winterton, R-Roosevelt, and Senate President Stuart Adams, R-Layton, both cast their votes on the bill after midnight.

HB212 establishes a process for a petitioning municipality to initiate a new county, but it only applies to municipalities that are located within counties that have a population of at least one million.

Of Utah’s 29 counties, only Salt Lake County has that many people.

The House of Representatives initially approved the bill on Feb. 20. A Senate committee then unanimously recommended it a few days later, on Feb. 26. But the bill didn’t come before the full Senate until Friday – the final night of the session.

After a brief debate, at 11:28 p.m., the Senate voted 13-14 to reject the bill. But roughly thirty minutes later, Sen. Evan Vickers, R-Cedar City – who initially voted against it – requested that the Senate reconsider, which it did.

Sen. Dan McCay, R-Riverton, quickly explained the bill again, clarifying that it didn’t apply to any rural counties, and another vote was taken. After the clock hit midnight, the Senate president declared that it had passed.

Sen. Nate Blouin, D-Millcreek, who opposed the legislation, said on social media the bill was passed “illegally.” He said he hopes Gov. Spencer Cox will veto it and “save taxpayers from a lawsuit.”

“(Senate President Adams) rushed the vote and didn’t recognize debate on the bill nor my point of order challenging the timing,” Blouin wrote on X early Saturday.

A spokesperson for Cox did not immediately respond to a question about whether the governor’s office views the bill as legally passed. Cox has just under three weeks to review the bill and decide whether to sign it, issue a veto, or allow it to become law without his signature.

McCay did not immediately have a comment about the timing of the vote on HB212.

Contributing: Carter Williams, KSL and Joe Wirthlin, KSL

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