Utah Chamber Policy Coalition 2021 Legislative Session Overview

Bill Number Title

Sponsor

Summary

HB 38 School Technology Amendments

Rep. Seegmiller

Requires that any digital resource provider that contracts with UTEN must prohibit and prevent a public school student using the resource from sending, receiving, viewing, or downloading obscene or pornographic material.

HB 54 Insurance Revisions

Rep. Dunnigan

Annual insurance department technical correction bill.

HB 72 Device Filter Amendments

Rep. Pulsipher

Requires a tablet or a smartphone manufactured after January 1 of the year after at least five states adopt similar legislation, to automatically enable a filter capable of blocking material that is harmful to minors. Allows only users with a passcode to deactivate the filter for the device or for specific content and notify the user when content is filtered.

Business Climate

Creates an action that can be brought by the attorney general against a manufacturer if the device does not contain an enabled filter upon activation in the state and a minor accessed material that is harmful to minors on the device.

Creates a penalty of up to $10 for each violation.

1

HB 80 Data Privacy Amendments

Rep. Brooks

Creates an affirmative defense to causes of action arising out of a data breach involving personal information, restricted information, or both personal information and restricted information for entities that implement a well written cyber security policy based on best practices.

HB 87 Electronic Information and Data Privacy Amendments

Rep. Hall

Requires a law enforcement entity to seek a warrant for electronic information from a provider of electronic communication services. Requires the law enforcement agency to notify the owner of the data within 90 days of executing a warrant or within 3 days of completing an investigation.

HB 94 Microenterprise Home Kitchen Amendments

Rep. Watkins

Gives authority to local health departments to create, issue and administer microenterprise home kitchen permits.

HB 179 Private Cause of Action for Undisclosed Referral Fees

Rep. Abbott

States that a legal client may bring a cause of action against an attorney or law firm to recover a client referral fee if the attorney paid such a fee and did not inform the client of the obligation to pay the fee.

HB 193 Intimate Image Distribution Prohibition

Rep. Kwan

Prohibits the distribution of a counterfeit intimate image and requires a hosting company to remove an intimate image or a counterfeit intimate image upon notice from law enforcement or the subject of the image.

HB 199 Pawnshop and Secondhand Merchandise Transaction Information Act Amendments

Rep. Dunnigan

Requires an automated recycling kiosk that purchases a wireless communication to obtain a color photograph of the individual selling the wireless device and requires the secondhand merchandise dealer to maintain the device for 60 days after purchase before reselling.

2

HB 217 Regulatory Sandbox Program Amendments

Rep. Maloy

Creates a regulatory relief office within GOED and creates the General Regulatory Sandbox Program to identify state laws or regulations that could be waived or suspended under the program.

HB 243 Privacy Protection Amendments

Rep. Gibson

Authorizes the state auditor to appoint and create and oversee a data privacy officer and the members of the Personal Privacy Oversight Committee.

HB 277 Child Care Eligibility Amendments

Rep. Matthews

Provides that the Office of Child Care may grant for a full child care subsidy or grant for an income-eligible child whose family income is equal to or below 100% of the federal poverty level and a progressively lower child care subsidy or grant for each tenth of a percentage point by which the income-eligible child's family income exceeds 100% of the federal poverty level.

HB 321 Division of Consumer Protection Amendments

Rep. Dunnigan

Defines and sets standards for health spa services and contracts for health spa services.

Provides specifics related to a consumer's right to rescind a health spa service and requires the registration of a health spa facility.

Creates the “Earned Wage Access Services Act.

HB 335 Investment Fees Amendments

Rep. Robertson

Waives the notice filing fee for the timely filing of United States Securities Exchange Commission Form D when the total offering amount does not exceed $500,000.

HB 348 Economic Development Amendments

Rep. Hawkes

Rewrites Utah’s laws surrounding Economic Development and restructures the Governor's Office of Economic Development (GOED). The bill changes the name of the GOED to the Governor’s Office of Economic Opportunity (Go Utah Office). The bill makes changes to the structure of the office, including the creation of the Unified Economic Opportunity Commission, and restructures other existing GOED boards and commissions.

HB 356 Rural Economic Development Tax Increment

Rep. Albrecht

Expands the definitions of "new commercial project," "high paying job," and "significant capital investment," related to new commercial projects located in rural areas of the state for which the Rural Economic Development Tax Increment can be used.

3

HB 371 Alcoholic Beverage Control Amendments

Rep. Hawkes

Makes a significant number of substantial changes to Utah alcohol laws and licencing provisions. See bill for details.

HB 375 Agriculture Amendments

Rep. Handy

Makes changes to the requirements related to the regulation of bedding, upholstered furniture, quilted clothing. Makes changes to the Utah Dairy Commission, the regulation of livestock brands and other issues related to the sale and promotion of livestock sales.

SB 39 Hemp Regulation Amendments

Sen. Hinkins

Allows industrial hemp producers to procure background checks through a federal system.

Requires industrial hemp laboratories to demonstrate the ability to test for delta-8 tetrahydrocannabinol.

Makes it unlawful to distribute, sell, or market a product that contains greater than 0.3% of either total THC or delta-8 THC.

SB 86 Amendments to Price Controls During Emergencies Act

Sen. Fillmore

Amends the penalty for a violation of the price control statutes to require that a person may not be fined more than twice the expressive price of an item.

SB 114 Animal Chiropractic Amendments

Sen. Sandall

Removes the requirement that a veterinarian refer an animal to a licensed chiropractor before the chiropractor can treat the animal and removes the requirement that a licensed chiropractor take a course for treating animals before treating an animal instead requiring a licensed chiropractor to obtain a certification.

SB 167 Utah Film Economic Incentives

Sen. Winterton

Increases the maximum tax credit available from the Governor’s Office of Economic Development for motion picture production from $6,793,700 to $15,000,000.

SB 186 Anti-Boycott Israel Amendments

Sen. Stevenson

Prohibits a government entity from contracting with a company that boycotts the State of Israel.

4

SB 188 Procurement Code Revisions

Sen. Owens

Provides that a procurement intended for the establishment of a state liquor store may be made without engaging in a standard procurement process and defines "contract price" in the context of a provision allowing a contractor to increase or lower the price under the terms of the contract.

SB 194 Utah Main Street Program

Sen. Owens

Creates the Utah Main Street Program within GOED and creates the Utah Main Street Program Advisory Committee to work as part of the National Main Street Center.

SB 198 Balance Billing Amendments

Sen. Mayne

Repeals the requirement for a healthcare facility to submit balance billing reports to the Utah Insurance Department.

SB 227 Genetic Information Privacy Act

Sen. Bramble

Requires a direct-to-consumer genetic testing company to provide a consumer clear information regarding the company's collection, use, and disclosure of genetic data.

Requires a direct-to-consumer genetic testing company to obtain a consumer's consent for certain collection, use, or disclosure of the consumer's genetic data.

Community HB 56 Intergenerational Poverty Mitigation Act Amendments

Rep. Winder

Adds representatives of minority communities where children are disproportionately impacted by intergenerational poverty to the International Poverty Advisory Committee.

HB 247 Transient Room Tax Amendments

Rep. Albrecht

Adds Economic Diversification activity to the reasons a county legislative body in a county of the fourth, fifth, or sixth class with a national park or national recreation areas within the county's boundaries may expend the revenue generated by a transient room tax.

HB 257 Utah State Park Amendments

Rep. Eliason

Authorizes the Division of Parks and Recreation to create the Utahraptor State Park within the Dalton Wells area and the Lost Creek State Park including the Lost Creek Reservoir.

5

HB 278 Name Change Process for Dixie State University

Rep. Kelly

Creates a process for Dixie State University Board of Trustees to work with the Utah Board of Higher Education to select and recommend a new name for the institution to the Utah Legislature.

HB 288 Education and Mental Health Coordinating Council

Rep. Peterson

Creates the Education and Mental Health Coordinating Council and requires the council to make findings and recommendations regarding behavioral health support to youth and families within the state.

HB 34 Homeless Services Amendments

Rep. Eliason

Creates the Office of Homeless Services within the Department of Workforce Services and the Utah Homelessness Council in addition to other oversight, management, and governance issues related to homeless services across the state.

SB 10 Place Name Amendments

Sen. Iwamoto

Authorizes the Division of Indian Affairs to facilitate the application process for changing location names referring to American Indian terms.

SB 45 Higher Education Classes for Veterans

Sen. Weiler

Allows veterans to register for classes at State institutions of higher learning without tuition.

SB 141 Task Force on Food Security

Sen. Escamilla

Creates the Task Force on Food Security to develop a plan for establishing food security in the state.

SB 214 Official Language Amendments

Sen. Cullimore

Removes state code prohibitions for state and municipalities regarding translating or interpreting official government communications.

6

General Government HB 19 County Classification Amendments

Rep. Snider

Increases population thresholds for county classifications as follows: - County of the first class from 700,000 to 1,000,000 or more - County of the second class from 125,000 to 175,000 or more - County of the third class from 31,000 to 40,000 or more - County of the fourth class remains at 11,000 or more - County of the fifth class remains at 4,000 or more - County of the sixth class remains at less than 4,000

HB 23 Voter Referendum Amendments

Rep. Nelson

Adds rezoning a single property or multiple properties to the definition of “land use law.”

HB 27 Public Information Website Modifications

Rep. Pierucci

Requires the Division of Archives and Records to include finance information for public entities on the Utah Open Data Portal.

HB 77 Aviation Liability Insurance Amendments

Rep. Acton

Requires the owner of a registered aircraft to provide proof of insurance for the aircraft at time of registration.

HB 201 Tolling Amendments

Rep. Abbott

Provides that a cause of action that is tolled because a claimant is under 18 years old or mentally incompetent includes claims for general or special damages or claims for which the inivicuals parent or guardian may be responsible for the general or special damages.

Allows an election office to place a referendum on a ballot for the general election during the year the legislative action in question if the action is taken after April 15th and if the referendum sponsor, the local clerk, and the county or municipal attorney that took the action agree.

7

HB 211 Initiatives and Referenda Amendments

Rep. Thurston

Modifies petition filing requirements for initiatives and referendums. Requires standardization to forms, requirements, and procedures for state and local initiatives and referenda, including procedures for posting and removing signatures for a petition.

Modifies timelines and deadlines for initiatives and referenda and modifies provisions for challenging an action, relating to initiatives or referenda, in a court proceeding.

HB 294 Pandemic Emergency Powers Amendments

Rep. Ray

Ends the state-wide mask mandate on April 10th, 2021.

HB 308 COVID-19 Vaccine Amendments

Rep. Spendlove

Prohibits a governmental entity from requiring that an individual receive a vaccine for COVID-19.

HB 313 Heritage and Arts Amendments

Rep. Winder

Changes the name of the Department of Heritage and Arts to the Department of Cultural and Community Engagement. Modifies the powers and duties of the department.

HB 360 Telephone Solicitation Amendements

Rep. Barlow

Enhances penalties for a violator of the Telephone and Facsimile Solicitation Act if the violator solicits an on-call emergency provider while the on-call emergency provider is on call.

HB 365 State Agency Realignment

Rep. Ray

Creates the Department of Health and Human Services to combine the functions of the Department of Health and the Department of Human Services.

Terminates the emergency powers and public health emergency powers related to COVID-19 when: - The state’s case 14-day case rate is less than 191 per 100,000 people.

- The statewide seven-day average COVID-19 ICU utilization is less than 15%.

- The state has been allocated 1,633,000 prime doses of a COVID-19 vaccine.

Amends the responsibilities of the Department of Workforce Services to include the administration of Medicaid eligibility.

8

HB 415 Executive Order Review Process Amendments

Rep. Lyman

Requires the Constitutional Defense Council to review executive orders by the President of the United States and authorizes the attorney general or governor to seek to have the executive order declared an unconstitutional exercise of legislative authority by the president.

SB 58 Metro Township Amendments

Sen. Mayne

Allows a metro township to impose the municipal energy sales and use tax.

SB 107 In-Person Instruction Prioritized

Sen. Weiler

Requires the State Board of Education to reallocate an amount equivalent to a portion of a weighted pupil unit from a local education agency (LEA) that does not provide a broad-based in-person learning option for all students in kindergarten through grade 12 by a certain date to a different LEA if the LEA does not provide for broad-based in-person learning by February 8, 2021.

SB 146 Emissions Testing Amendments

Sen. Bramble

Removes the end date of a pilot program requiring emissions inspections of diesel-powered motor vehicles, making the requirement permanent.

SB 150 Government Records and Management Act Judicial Review Amendments

Sen. Weiler

Clarifies that in a court's review and decision of a petition seeking judicial review of a State Records Committee final order adjudicating the merits of a determination concerning access to a record, the court may not remand the petition to the State Records Committee for any additional proceedings.

SB 155 988 Mental Health Crisis Assistance

Sen. Thatcher

Creates the 988 Suicide Prevention and Crisis Services Account for the purpose of supporting the implementation and operation of a 988 suicide prevention hotline.

SB 181 Department of Government Operations

Sen. Millner

Combines the Department of Administrative Services, the Department of Technology Services, and the Department of Human Resource Management into one, new department, the Department of Government Operations.

9

SB 188 Procurement Code Revisions

Sen. Owens

Provides that a procurement intended for the establishment of a state liquor store may be made without engaging in a standard procurement process and defines "contract price" in the context of a provision allowing a contractor to increase or lower the price under the terms of the contract.

SB 192 Medical Cannabis Act Amendments

Sen. Vickers

Creates the Cannabis Production Establishment Licensing Advisory Board and amends rules surrounding licensing.

SB 193 Higher Education Performance Funding

Sen. Millner

Requires the Utah Board of Higher Education to set five-year goals for the state system of higher education and for each degree-granting institution and technical college that align with each system five-year goal ties performance funding to compliance with those goals.

SB 195 Emergency Response Amendments

Sen. Vickers

Puts 30 day limits on emergencies and makes other changes to emergencies declared by the Governor, the Utah Health Department, and local health departments.

SB 201 Public Notice Amendments

Sen. Mayne

Shifts requirements for public notice publication from newspapers to the Open Public Meetings Website.

SB 214 Official Language Amendments

Sen. Cullimore

Removes state code prohibitions for state and municipalities regarding translating or interpreting official government communications.

Health Care/Mental Health HB 93 Youth Suicide Prevention

Rep. King

Requires school districts and charter schools to ensure coordination between youth suicide prevention programs and certain other prevention programs.

HB 110

Rep. Winder

Provides that state entity health care providers may not collect an overdue payment for a medical material or service from the debtor's income tax overpayment or refund if the debtor

10

Healthcare Payment Amendments

has made payment arrangements and is current on payments under the payment arrangements.

HB 178 Pharmacy Practice Modifications

Rep. Thurston

Allows a pharmacist to issue prescription for a drug or device if the drug or device is within the scope of the pharmacist’s experience and is not a schedule I, II, III, or IV substance, is an immunization, is to treat a chronic condition for which the patient has previously been prescribed the drug, or is for a condition that will resolve on its own. (See bill for details)

HB 202 Health Care Consumer Protection Act

Rep. Thurston

States that it is a “deceptive practice” for a health care provider to misrepresent that they are a contracted provider under a health benefit plan.

HB 226 Long-Term Care Patient and Consumer Rights Protection

Rep. Ballard

Creates reporting and access requirements for long-term patient care facilities.

HB 249 Public Access to Court Records

Rep. Handy

Instructs the Judicial Council to create rules to allow members of the public to access court records on the Xchange database without a monthly subscription, but an individual fee.

HB 262 Children’s Health Insurance Amendments

Rep. Welton

Creates the Children's Health Care Coverage Program.

HB 265 Pharmacy Software Amendments

Rep. Lesser

Requires a pharmacy software system that receives electronic prescriptions for a controlled substance to allow an unfilled prescription to be transferred to a different pharmacy.

HB 287 Nurse Practice Act Amendments

Rep. Welton

Allows a nurse practitioner to prescribe controlled substances without consulting a doctor or experienced nurse.

Creates the "Children's Health Insurance Coverage Program Restricted Account" that consists of money appropriated to the restricted account by the Legislature and private donations.

11

HB 336 Suicide Prevention Amendments

Rep. Eliason

Changes the firearm safety and suicide prevention program run by the state Division of Substance Abuse and Mental Health from a coupon to a rebate for buying a gun safe. Also creates a program where the Division provides suicide prevention training grants to health care organizations. Also removes the grant application requirement to receive funds for clean-up and bereavement services in the event of a suicide.

SB 27 Physician Assistant Act Amendments

Sen. Bramble

Removes the requirement that a physician assistant maintain a specific relationship with a physician or any other health care provider.

Authorizes a physician assistant to be eligible for direct payment by all public and private payers.

SB 41 Mental Health Access Amendments

Sen. Escamilla

Allows a diagnosis or treatment of a mental health condition to be done via telehealth services.

SB 47 Mobile Crisis Intervention Council

Sen. Thatcher

Creates the Mental Health Crisis Intervention Council to establish protocols and standards for the training and function of local mental health Crisis Intervention Teams.

SB 53 Sen. Thatcher Behavioral Emergency Services Amendments

Creates a new license for behavioral emergency services technicians and advanced behavioral emergency services technicians.

SB 97 Charitable Prescription Drug Recycling Program Amendments

Allows an individual to transfer prescription drugs to an eligible pharmacy or an eligible physician's office.

Sen. Vickers

Removes the requirement that only state residents receive donated drugs.

Requires that a medically indigent individual be located in the state when the drug is dispensed.

12

SB 140 Pharmacy Benefit Amendments

Sen Vickers

States that an insurer may not vary the amount that the insurer reimburses to a federally qualified health center for a drug on the basis of whether the drug is a 340B drug, or the pharmacy is a 340B entity.

Further states that an insurer may not, on the basis that a federally qualified health center participates through a contractual arrangement in the 340B drug discount program, assess a fee, charge-back or other adjustment, restrict access to the insurer’s network, require contracts with a specific pharmacy, create a restriction or charge for a patient who chooses to receive drugs from a federally qualified health center or create any additional requirements.

SB 149 Massage Therapy Practice Amendments

Sen Harper

Exempts a brain integration practitioner from being licensed as a massage therapist.

SB 155 988 Mental Health Crisis Assistance

Sen. Thatcher

Creates the 988 Suicide Prevention and Crisis Services Account for the purpose of supporting the impementation and operation of a 988 suicide prevention hotline.

SB 170 Consumer Protection for Cannabis Patients

Sen. Escamilla

Amends a labeling requirement for medical cannabis. Allows a licensed podiatrist to recommend medical cannabis within the course and scope of a practice of podiatry.

Requires the state electronic verification system to allow a medical cannabis pharmacy to record a medical cannabis recommendation from a limited medical provider.

Allows qualifying medical providers to operate as limited medical providers to recommend cannabis to a limited number of the provider's patients without registering with the Department of Health as a qualified medical provider.

SB 173 Medical Records Amendments

Sen. Mayne

Requires responses to requests for medical records in an electronic format when requested and requires a health care provider to waive fees for a request for medical records for an indigent individual and an individual making a qualified claim.

13

SB 177 Pharmacy Practice Revisions

Sen. Vickers

Requires health plans to prorate the insulin copay cap based on days dispensed for prescriptions under 30-days, and prohibit additional copayment for prescriptions between 31-50 days which would allow for possible gaming of prescription benefits.

Changes the definition of a “pharmacy benefit management service” to include all plans regardless of if they are regulated under state law.

Limits the ability for a PBM to conduct a pharmacy audit, which plays an important role in identifying fraud, waste, abuse and overpayments by individuals and businesses for their prescription drug benefits.

SB 198 Balance Billing Amendments

Sen. Mayne

Repeals the requirement for a healthcare facility to submit balance billing reports to the Utah Insurance Department.

Housing/Construction HB 17 Utility Permitting Amendments

Rep. Handy

States that a municipality may not enact an ordinance, a resolution, or a policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an energy utility service.

HB 63 Impact Fee Amendments

Rep. Pierucci

Allows impact fees to include Expenses for Overhead, including costs for developing an impact fee analysis, imposing an impact fee, and any related overhead expenses.

HB 68 Rental Expenses Disclosure Requirements

Rep. Judkins

This bill requires that prior to a landlord accepting a rental application or application fee, the landlord disclose to the potential tenant an itemized list of the estimated amounts the renter will or may be obligated to pay if there is an available unit, and the criteria the owner will review as a condition of accepting the prospective renter as a renter, such as criminal history, credit, income, employment, or rental history. A rental agreement must include all amounts the renter is or may be obligated to pay, and prohibits the landlord from charging a renter more unless they are month to month and the owner provides a 15-day notice of the charge. Prohibits the owner from charging late fees that exceed 10% of the rental costs or $75.

14

HB 82 Single Family Housing Modifications

Rep. Ward

Requires municipalities and counties to allow for certain accessory dwelling units.

HB 107 Subdivision Plat Amendments

Rep. Ferry

Requires an owner of land seeking approval for the recording of a subdivision plat to describe water conveyance facilities of the proposed subdivision.

HB 115 Municipal Boundary Modifications

Rep. Waldrip

Carlifies conditions for a county to annex an unincorporated area.

HB 256 County Land Use and Development Amendments

Rep. Teuscher

Makes a provision of a county development agreement unenforceable if it requires the initiation of annexation processes as a condition for issuing building permits or otherwise regulating development activities within an unincorporated area of the county.

HB 374 Restrictive Covenants Amendments

Rep. Winder

States that any provision in a previously recorded written instrument relating to real property that directly or indirectly expresses any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity is void. And affirmatively states that it is a discriminatory housing practice to honor or attempt to honor a provision described.

Provides requirements for cross-county annexations.

Allows a condominium or community association to amend the association's governing documents to remove a discriminatory restrictive covenant and prevents a county recorder from charging a fee for recording a modification document.

15

HB 409 Municipal and County Land Use Development Revisions

Rep. Waldrip

Establishes annual training requirements for a municipal or county planning commission.

Requires a local land use authority to establish objective standards for conditional uses.

Prohibits a municipality or county from imposing land use regulations on building permit applications for single-family dwellings located within recorded plates. Requires a county to establish by ordinance standards for fire department vehicle access and turnaround.

Prohibits a municipal or county land use appeal authority from hearing an appeal from the enactment of a land use regulation. Additionally, makes changes to provisions related to property boundary adjustments, subdivision amendments, and provisions to vacate a public street.

SB 37 Public Infrastructure District Revisions

Sen. McCay

Makes technical amendments to the Public Infrastructure District Statue.

SB 26 Property Tax Relief Amendments

Sen. Davis

Modifies the qualifications for circuit breaker tax relief by specifying that Household income does not include income received by a member of a claimant’s household who is under the age of 18 or a parent or grandparent of the claimant or the claimant’s spouse. Changes the consumer price index used to adjust annual income qualifications.

SB 33 Uniform Building Code Commission Amendments

Sen. Bramble

Adopts the 2020 edition of the National Electrical and Building Code and Appendix C of the International Building Code. Adds two members to the Uniform Building Code Commission.

Amends provisions of the International Residential Code and provisions related to an ordinance of a political subdivision being more restrictive than the State Fire Code.

SB 65 Community Reinvestment Agency Amendments

Sen. Harper

Provides an option for an agency or taxing entity to enter into an interlocal agreement in order to dissolve the agency’s project area and to transfer the project area incremental revenue.

Allows an agency to levy a property tax on property within the agency’s boundary.

Allows an agency to use property tax revenue for agency-wide project development with the consent of the parties to the interlocal agreement.

Requires an agency to allocate a certain amount of property tax revenue for affordable housing in an amount that is the same as the agency's housing allocation under Section 17C-5-307.

16

SB 164 Utah Housing Affordability Amendments

Sen. Anderegg

Creates a process for local governments to grant public-owned property toward affordable housing projects. (Rental housing units for households whose income is no more than 50% of the area median income and requires the rental to pay no more than 31% of the household's income for gross housing costs including utilities) projects. Requires that 20% or more units remain affordable housing for at least 30 years.

Expands the use of the Olene Walker Housing Loan Fund for financing pre-development grants for the construction of low-income housing units and a mediation program for landlords and tenants of low-income housing units.

Directs the Automated Geographic Reference Center to develop a housing unit inventory to support infrastructure planning and economic development.

SB 217 Housing and Transit Reinvestment Zone Act

Sen. Harper

Creates a new development tool called Housing and Transit Reinvestment Zones (HTRZ), which is designed to facilitate mixed-use, multi-family and affordable housing development within a 1/3-mile radius of FrontRunner stations.

The development proposal would be required to (i) be mixed-use, (ii) be at least 50 units to the acre, and (iii) have at least 10% affordable housing. The city proposal would also identify costs and revenues needed and would be subject to an independent financial assessment.

Labor and Employment HB 120 Unemployment Insurance Amendments

Rep. Provost-Daily

Requires nonprofit organizations to notify an employee if the employee will be unable to claim service performed for the nonprofit organization as employment for the purpose of qualifying for unemployment insurance benefits.

HB 126 Licensing Amendments

Rep. Brammer

Amends the definition of “hair braiding” for licensure purposes to include the use of wefts if applied without the use of glue or tape.

HB 139 Government Employee Amendments

Rep. Thurston

Prohibits state governments from requiring minimum educational qualifications for employment, except where educational qualifications are legally required to perform the duties of the position.

17

HB 181 Personalized Competency-Based Learning

Rep. Johnson

Changes “Competency-Based Education” to “Personalized Competency-Based Learning.”

Defines Personalized Competency-Based Learning as a system based on the students personalized progress and learning style and creates a grant program to implement the concept.

HB 234 Division of Real Estate Amendments

Rep. Mussleman

Permits the Division of Real Estate to suspend or revoke the registration of an appraisal management company registered in the state if the company fails to pay registration fees.

HB 328 Adult Learners Grant Program

Rep. Snow

Creates the Adult Learners Grant Program to provide financial assistance to students who are at least 26 years old, show a financial need, and are pursuing an online degree or certificate in a field with an industry need.

HB 353 Barber Licensing Amendments

Rep. Lyman

Requires a barber to pass an examination that consists of a written theory portion and a practical portion or pass a practical examination and provide the written attestation of a licensed barber or cosmetologist stating that the applicant has the necessary training and skill to be a licensed barber.

HB 355 Workers Compensation Revisions

Rep. Hawkes

Specifies that an employee working for a subcontractor or general contractor who recovers compensation for a work related injury through workers compensation insurance may only recover through workers compensation and may not bring a separate claim to cover the same injury directly from the subcontractor and the contractor.

HB 391 Apprenticeship Nomenclature Act

Rep. Winder

Provides definitions for Apprenticeship Program, Pre-apprenticeship program, and Youth Apprenticeship Program.

Permits disciplinary action against an entity for licensing statute violations made while the person should have been registered, an appraisal management company. Permits the Division of Real Estate to enter into a reciprocal licensing agreement with another jurisdiction for a principal broker, associate broker, or sales agent license.

18

HB 404 Utah Immigration Assistance Center

Rep. Ferry

Creates the Utah Immigration Assistance Center within the Governor's Office of Economic Development to coordinate and provide technical support for businesses in the state that intend to utilize federal foreign labor programs, provide outreach and information to businesses that could benefit from foreign labor programs, coordinate with state and federal government partners to facilitate the successful use of foreign labor programs on behalf of businesses in the state and coordinate with other entities engaged in international efforts.

SB 15 Workforce Solutions for Air Quality Amendments

Sen. McCay

Requires State Agencies to evaluate and report their ability to increase the number of agency employees that are able to telework on Red Air days and at other times.

SB 32 Employee Status Amendments

Sen. Bramble

Specifies that a remote-service contractor for translations services is not an employee of a marketplace company, if under the agreement between the contractor and the marketplace company all of the work the remote-service contractor performs under the agreement is: -

Based on a per-job or per-transaction basis The contractor receives payment on an hourly, per-job, or per-transaction basis, and The company does not prescribe the specific hours or location the contractor works.

SB 87 Professional Licensing Amendmendments

Sen. Bramble

Creates an exemption from licensure under the cosmetology act for an individual who only dries, styles, arranges, dresses, curls, hot irons, shampoos, or conditions hair and displays a sign in the individual's place of business informing the public that the individual is not licensed under the cosmetology act.

SB 149 Massage Therapy Practice Amendments

Sen Harper

Exempts a brain integration practitioner from being licensed as a massage therapist.

19

SB 161 Mental Health Systems Amendments

Sen. Weiler

Requires the base budget to include appropriations to the Department of Health for insurance plans that contract with the state's Medicaid program for behavioral health services.

Requires a health benefit plan to reimburse for behavioral telehealth services at 80% percentage of the in-person rate for the services.

Prohibits the Division of Occupational and Professional Licensing from refusing to issue or taking disciplinary action against the occupational license of certain healthcare providers based solely on the provider seeking or participating in mental health or substance abuse treatment.

Natural Resources/Energy HB 29 Statewide Aquatic Invasive Species Emergency Response Plan

Rep. Stratton

Requires the Division of Wildlife Resources to develop a statewide aquatic invasive species emergency response plan aimed at remediating the spread of aquatic invasive species throughout the state.

HB 32 Energy Balancing Account Amendments

Rep. Albrecht

Creates a process for establishing an energy balancing account and outlines the process for requesting an interim rate as a part of the energy balancing account process.

HB 171 Agricultural Land Use Regulation

Rep. Chew

Prohibits a municipality or county from restricting the type of crop that may be grown in an area that is zoned as agricultural or from passing regulations that conflict with state laws specific to industrial hemp.

HB 208 Water Quality Act Amendments

Rep. Ray

Provides that an individual acting wholly within the individuals employment is not personally subject to legal actions for violations of the Water Quality Act.

20

HB 223 Alternative Fuel Incentives Amendments

Rep. Ballard

Provides that a taxpayer may claim a nonrefundable tax credit for a fuel cell that has a rated capacity for generating electricity of five megawatts or smaller, and the fuel cell is completed and placed in service, on or after January 1, 2022 in an air quality control region that is in nonattainment status.

A qualifying tax credit would be equal to 10% of the reasonable costs of the fuel cell.

HB 297 Colorado River Amendments

Rep. Wilson

Addresses Utah's management of Utah's Colorado River system interests, by creating the Colorado River Authority of Utah.

HB 346 Natural Resources Entities Amendments

Rep. Snider

Moves the Office of Energy Development from the Governor’s Office to the Department of Natural Resources. Divides the Division of Parks and Recreation into two divisions and creates the Outdoor Adventure Commission.

HB 388 State Energy Policy Amendments

Rep. Albrecht

Amends the state energy policy to include developing energy resources with the intent to promote the development of pumped storage and advanced energy systems including hydrogen.

SB 15 Workforce Solutions for Air Quality Amendments

Sen. McCay

Requires State Agencies to evaluate and report their ability to increase the number of agency employees that are able to telework on Red Air days and at other times.

SB 40 Storage Tanks Amendments

Sen. Hinkins

Requires owners or operators of aboveground petroleum storage tanks to notify the director of the Division of Environmental Response and Remediation 30 days after which the aboveground storage tank is installed.

SB 96 Legislative Water Development Commission Amendments

Sen. Iwamoto

Extends the sunset date and clarifies quorum requirements for the Legislative Water Development Commission.

21

SB 146 Emissions Testing Amendments

Sen. Bramble

Removes the end date of a pilot program requiring emissions inspections of diesel-powered motor vehicles, making the requirement permanent.

SB 199 Water Amendments

Sen. McKell

Directs the Legislative Water Development Commission to support the creation of a unified, statewide water strategy.

Provides a secondary water supplier, including a small secondary water retail supplier, may not raise the rates charged for secondary water by more than 10% in a calendar year unless, before raising the rates on the end user, the entity charging the end user includes a statement in the notice that payment is due that explains the basis for why the needs of the secondary water supplier required an increase in rates.

Taxes HB 30 Tax Modifications

Rep. Barlow

Integrates income tax code and sales tax code provisions from the Third and Fourth Special Sessions of 2020 and makes technical and clarifying amendments.

HB 39 Corporate Tax Unadjusted Income Amendments

Rep. Sagers

Provides that a corporate taxpayer's unadjusted income is determined before any deductions related to foreign-derived intangible income and global intangible low-taxed income, and deferred foreign income.

HB 40 Tax Status Disclosure Amendments

Rep. Thurston

Requires the State Tax Commission to disclose tax status information to the Alcoholic Beverage Control Commission related to individuals who are obtaining or maintaining a license under the Alcoholic Beverage Control Act.

HB 86 Social Security Tax Amendments

Rep. Brooks

Enacts an individual income tax credit of $450 for social security income against taxes otherwise due.

HB 91 Rep. Stoddard Tax Credit For Alternative Fuel Heavy Duty Vehicles

Renacts and extends to 2029 the availability of the tax credit for alternative heavy duty vehicles.

22

HB 221 Property Tax Records

Rep. Ferry

Specifies that only records provided by the taxpayer relating to a taxpayer's eligibility for a property tax exemption, deferral, abatement, or relief are classified as “private” under the Government Records and Management Act.

HB 223 Alternative Fuel Incentives Amendments

Rep. Ballard

Provides that a taxpayer may claim a nonrefundable tax credit for a fuel cell that has a rated capacity for generating electricity of five megawatts or smaller, and the fuel cell is completed and placed in service, on or after January 1, 2022 in an air quality control region that is in nonattainment status.

A qualifying tax credit would be equal to 10% of the reasonable costs of the fuel cell.

HB 270 Property Tax Valuation Amendments

Rep. Hawkes

Provides that property value stipulated between a taxpayer and the county assessor qualifies as a “final assessed value.”

HB 356 Rural Economic Development Tax Increment

Rep. Albrecht

Expands the definitions of "new commercial project," "high paying job," and "significant capital investment," related to new commercial projects located in rural areas of the state for which the Rural Economic Development Tax Increment can be used.

HB 416 Local Tax Sales Amendments

Rep. Hall

States that a tax sale may occur at the front door of the county courthouse in the county where the real property is located; or through an electronic process if the tax sale occurs in the same format as a tax sale would occur at the front door of the county courthouse except that participation is through an electronic means.

SB 11 Military Retirement Income Tax Amendments

Sen. Harper

Creates a non refundable income tax credit for military retirement pay.

Allows a property owner to appeal a valuation if a “qualifying change” has occurred. Defines “qualifying change as: a physical improvement that equals or exceeds the greater of 10% of fair market value or $20,000, a zoning change, or a change in the legal description of the property.

23

SB 18 Property Tax Exemption Amendments

Sen. Harper

Allows for the value of qualifying exempt revenue to be included in the calculation of the certified tax rate.

SB 25 Corporate Tax Amendments

Sen. Bramble

Clarifies the calculator of the 80% limitation on carrying forward a Utah net loss.

SB 36 Tax Commission Bond Requirement Amendments

Sen. Bramble

Allows the State Tax Commission to waive the bond requirement for a person whose withholding tax license or sales and use tax license was revoked for a delinquency, if the person is in compliance with a payment agreement approved by the Commission.

SB 26 Property Tax Relief Amendments

Sen. Davis

Modifies the qualifications for circuit breaker tax relief by specifying that Household income does not include income received by a member of a claimant’s household who is under the age of 18 or a parent or grandparent of the claimant or the claimant’s spouse.

Exempts the first $25,000 of a taxpayer's taxable tangible personal property within a county from taxation. And specifies which items are exempt from the tangible personal property tax.

Changes the consumer price index used to adjust annual income qualifications.

SB 58 Metro Township Amendments

Sen. Mayne

Allows a metro township to impose the municipal energy sales and use tax.

SB 110 Tax Commission Appeal Amendments

Sen. Fillmore

Requires the State Tax Commission to stay a case before the commission, if a Commission decision involving the same taxpayer, the same tax type, and the same legal issue or valuation principle is before a court on judicial review.

SB 167 Utah Film Economic Incentives

Sen. Winterton

Increases the maximum tax credit available from the Governor’s Office of Economic Development for motion picture production from $6,793,700 to $15,000,000.

24

Transportation HB 151 State Infrastructure Bank Amendments

Rep. Brammer

Prohibits the use of State Infrastructure Bank revenue for the construction or improvement of a “publicly owned infrastructure project.”

HB 244 First Class County Highway Road Funds Amendments

Rep. Dunnigan

Allocates the distribution of funds from the County of the First Class Highway Projects Fund in order to mitigate congestion and improve transportation safety, annually for the next 15 years and authorizes the issuance of general obligation bonds for transportation projects.

HB 433 Amendments Related to Infrastructure Funding

Rep. Shultz

Authorizes $264,000,000 in bonds for infrastructure projects, including:

SB 82 Road Usage charge Program SpecialRevenue Fund

Sen. Harper

Creates the Road Usage Charge Program Special Revenue Fund for revenue from the Road Usage Charge Program.

SB 217 Housing and Transit Reinvestment Zone Act

Sen. Harper

Creates a new development tool called Housing and Transit Reinvestment Zones (HTRZ), which is designed to facilitate mixed-use, multi-family and affordable housing development within a 1/3-mile radius of FrontRunner stations.

-

$200,000,000 to double track strategic sections of the FrontRunner commuter rail system; $11,000,000 for bus rapid transit in the Salt Lake mid valley area; $5,000,000 for an environmental study at the point of the mountain area; and $4,000,000 for a Utah Transit Authority and Sharp-Tintic railroad consolidation project.

The development proposal would be required to (i) be mixed-use, (ii) be at least 50 units to the acre, and (iii) have at least 10% affordable housing. The city proposal would also identify costs and revenues needed and would be subject to an independent financial assessment.

25