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House approves second substitute to restore sales-tax exemption for health clubs and spas; 47–26

Utah House of Representatives · February 24, 1995
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Summary

The Utah House on Feb. 24 approved a second substitute for HB 323 to restore a sales-tax exemption for health clubs and health spas (and to add publicly owned golf courses under a rule change), passing the measure 47–26 after a floor debate over public health goals and the size of the tax base.

The Utah House of Representatives voted to pass the second substitute for House Bill 323 on Feb. 24, reversing last year’s decision that had removed a number of sales-tax exemptions. The measure, described in debate as a step to encourage exercise and public health, passed by a recorded vote of 47–26 and was sent to the Senate for consideration.

Sponsor Michael G. Watt introduced the measure as a corrective step to exclude health clubs and health spas from the sales-tax changes enacted previously, arguing those businesses promote public health. Supporters said the exemption helps encourage exercise and could have public-health benefits. Representative Davis, speaking on the floor during debate, read industry correspondence and health commentary urging passage and said the tax had been projected into the next year’s budget, so repeal was necessary to correct an unintended inclusion.

Opponents argued the amendment narrows the state’s tax base and disproportionately benefits discretionary, often higher-income services. Representative Howard and others said that selectively restoring exemptions undermines last year’s systematic review of exemptions and shifts the burden to other taxpayers. Members raised specific fiscal concerns: floor debate referenced fiscal-note estimates (multi-year state revenue impacts were discussed) and the possibility of widening the exemption later.

Floor amendments were debated, including proposals to add publicly owned golf courses and to keep locally adopted ordinances in force; under suspension of the rules the House adopted a version that included the second substitute language. The debate included repeated questions about whether health clubs are properly classified as a health-promoting service or a recreational activity; proponents emphasized health benefits, opponents emphasized equity and budget impacts.

The House clerk recorded the final tally as 47 yes, 26 no. The bill now moves to the Senate for their consideration.