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Joint Interim Committee endorses SB 80 to create portable benefits pilot

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Summary

The Joint Interim Committee voted 8-0 to recommend endorsement of SB 80, a bill modeled on a Utah portable benefits pilot that would establish voluntary portable benefits for independent contractors; members and industry speakers stressed the policy is voluntary and warned against altering contractor/employee tests.

The Joint Interim Committee endorsed SB 80, a bill to authorize a voluntary portable benefits pilot modeled on a Utah program, voting 8-0 to recommend the measure to the legislature.

The recommendation came after committee members and an industry representative discussed timing, voluntary participation, and concerns that the measure should not alter independent-contractor versus employee classifications. Senator Hovey moved to endorse the bill; Arthur Ray seconded the motion. The committee recorded eight ayes and no nays.

Committee chair Representative Faulkner opened the meeting and asked members to review the engrossed Senate version of SB 80, noting the Senate had adopted at least one amendment. Representative Faulkner said the commission could continue work on the issue in its remaining mandate and asked the commission to ratify the bill so there would be a product to carry forward into the next step of the session.

An industry representative told the committee the concept is “phenomenal” and said companies supporting the pilot in Utah have extended their program because it was working well. The representative said the pilot is voluntary and that allowing more time for companies to study and participate would help produce the “best product.” The representative added their company had extended its pilot through June and that it was hard after a year to still call it a pilot.

Representative Faulkner and others emphasized the bill should not change legal tests that distinguish independent contractors from employees. “We don't wanna muddy the waters when it comes to independent contractor versus employee and all that test,” Representative Faulkner said during discussion.

The Senate amendment at issue chiefly concerned the bill's effective date; speakers noted that some had proposed pushing the effective date out to Oct. 1, 2026, so that tax-year timing and implementation sequencing would be clearer. Committee members said that Representative Rafferty would handle any necessary amendments and that the commission would reconvene if further issues—such as court rulings or actions in other states—required reconsideration.

After the roll call vote, Representative Faulkner summarized next steps: the commission endorsed the current draft of SB 80, will remain available to consider technical fixes, and will accept input from industry and other stakeholders as the legislature considers the bill.

Votes at a glance: motion to endorse the engrossed Senate version of SB 80 — mover: Senator Hovey; second: Arthur Ray; outcome: approved; tally: 8 ayes, 0 nays.