Utah Senate approves acceptance of federal ARPA funds and clears a package of technical and policy bills in May special session

SALT LAKE CITY — The Utah State Senate convened a first special session on May 19, 2021, and passed a slate of bills and a joint resolution that together authorize and appropriate federal COVID-19 relief funds and correct a number of technical and policy items from the 2021 general session.

The Senate approved Senate Joint Resolution 101, which authorizes the state to accept funds made available under Public Law 117-2 (the American Rescue Plan Act of 2021). Senators referenced fiscal estimates during debate — one senator said “about a billion six,” while the fiscal note cited approximately $1.7 billion — and the resolution passed under suspension of the rules by a voice and roll-call tally the clerk recorded as 27 ayes, 0 nays and 2 absent. The resolution will be transmitted to the House for its consideration.

The chamber also moved quickly through a series of bills, largely described by sponsors as technical fixes or clarifications.

Senate Bill 1003, an electronic-cigarette and nicotine-products cleanup, was presented by Senator Bramble as correcting unintended loopholes in recent vaping legislation and aligning enforcement and compliance checks with tobacco and alcohol statutes. "This bill cleans up the statutes and allows the Department of Health to appropriately administer the vaping regulations that we passed," the sponsor said. The bill passed under suspension of the rules with a final reported tally of 26 ayes, 0 nays and 3 absent and will be sent to the House.

Senate Bill 1004, concerning peace officer training qualifications, drew a brief substantive exchange over residency language. Senator Maine explained that an amendment added in the House had changed a requirement from "lawful resident" to "lawful permanent resident," which he said would have required a green card; the Senate moved to restore the prior language so that noncitizen lawful residents could still qualify. Senator Andrade said he would vote no because of constituent concerns; Senator Vickers described his aye vote and the reasons for it. SB 1004 passed by roll call (reported 24 ayes, 2 nays, 3 absent) and will go to the House.

Senate Bill 1005, a technical change allowing previously appropriated Upstart funds to be used for kindergarten-enrolled children affected by reduced preschool access during the pandemic, was described by Senator Fillmore as an implementation clarification for an existing appropriation. The Senate passed SB 1005 under suspension of the rules (reported 26 ayes, 0 nays, 3 absent).

Senate Bill 1007, a large public-notice cleanup, was described by Senator Maine as correcting an unintended drafting error that would have required impractical postings in some jurisdictions. Maine said the bill caps posted-notice locations at 10 and improves online notice options so the public receives meaningful notice without undue burden; the bill passed (reported 26 ayes, 0 nays, 3 absent).

Other items on the call included Senate Bill 1002 (a technical correction to gang-enhancement language) and Senate Bill 1006 (hemp amendments), of which SB 1002 passed (reported 27 ayes, 0 nays, 2 absent) while SB 1006 was "circled" (set aside) for later consideration. Senate Concurrent Resolution 101 honoring Asian American and Pacific Islander communities was also circled so attendees could hear remarks.

Procedural votes at the start of the session included adopting the prior joint rules, continuing the practice of reading short titles only, and suspending the ordinary three-reading timetable so bills could receive immediate second-reading consideration. After completing the scheduled actions and while awaiting bills from the House, the Senate voted to take a brief recess ('motion to saunter' for 10 minutes).

Votes at a glance

- SB 1002 (group gang enhancement tech. correction): passed 27–0 (2 absent); sent to House. - SB 1003 (e-cigarette / nicotine product amendments): passed 26–0 (3 absent); sent to House. - SB 1004 (peace officer training qualifications): passed 24–2 (3 absent); sent to House. - SB 1005 (Upstart amendments / kindergarten funds): passed 26–0 (3 absent); sent to House. - SB 1006 (hemp amendments): circled (no vote taken). - SB 1007 (public-notice amendments): passed 26–0 (3 absent); sent to House. - Senate Joint Resolution 101 (accept ARPA funds): passed 27–0 (2 absent); sent to House. - Senate Concurrent Resolution 101 (AAPI communities): circled (no final vote taken in session hours).

What comes next

Passed bills and the joint resolution will be transmitted to the Utah House of Representatives for their consideration. The Senate recessed for a short break while awaiting House-transmitted bills and further coordination.

(Reporting based on the May 19, 2021 Utah Senate first special session transcript.)