Utah House advances health, land-use and energy measures; several high-profile bills fail

The Utah House of Representatives spent its Feb. 13 floor session considering a wide array of measures, passing bills on employee health plans, local land‑use rules, renewable‑energy tax credits and child‑abuse prevention while voting down proposals to change referendum timing and to expand certain protective orders.

Representative David Hogue, sponsor of House Bill 120, framed his bill as a technical correction to align statute with the state constitution after the state Supreme Court’s Moody v. Sandy decision and said it would allow limited special elections for local referendums in narrowly defined emergency circumstances. Representative LeGrand Christiansen expressed concerns that referendums, when used to overturn local land‑use decisions, can undermine property owners’ reliance on lengthy permitting and review processes. After debate the House rejected HB120, which failed with 27 yes and 46 no votes.

Lawmakers approved a series of other measures. House Bill 76, offered by Representative Dahl, creates a high‑deductible health plan option for public employees tied to a health savings account. Representative Jason Dunnigan successfully moved an amendment changing language on funding from “shall” to “may,” arguing that the change preserves employer flexibility and avoids creating an expectation of a fixed contribution. After approving the amendment, the House passed the bill (54 yes, 19 no, 2 absent) and sent it to the Senate.

On land‑use policy, Representative Michael Morley’s first substitute to House Bill 132 passed after amendments. Sponsors said the bill requires municipalities and counties to rely on ordinances and objective criteria rather than subjective standards when extending permits or approving applications. Representative Hope offered and the body approved a motion delaying the bill’s effective date to July 1, 2006. The measure passed overwhelmingly (70 yes, 1 no).

Representative Ray explained House Bill 22 would convert the children’s abuse account into a trust managed under the Department of Health to fund local prevention programs; sponsors said the board will sunset after five years for review. The House passed HB22 as amended (53 yes, 16 no, 6 absent).

On energy policy, Representative Allen moved to substitute in a second substitute for House Bill 42 that preserved tax credits for renewable systems while limiting geothermal heat‑pump credits to residential installations ($1,000 cap) and capping other residential credits at $2,000 and commercial credits at $50,000. Sponsors said the fiscal note is modest (about $150,000 a year) and the measure includes a five‑year sunset; the House passed the substitute bill unanimously (71 yes, 0 no).

Representative Michael Noel described House Bill 95, a voluntary individual income‑tax checkoff to fund community spay‑and‑neuter vouchers targeted to low‑income residents; the Department of Health would distribute funds to qualifying 501(c)(3) organizations. The House passed HB95 (46 yes, 26 no, 3 absent).

On taxation, the chamber debated competing approaches to changing individual income taxes. Representative James Farren presented a proposal to reduce the top rate from 7 percent to 6.4 percent (a static estimate of about $222 million in reduced revenue), and Representative Mascaro offered a revenue‑neutral substitute that would re‑bracket rates and include a state earned‑income tax credit. After extended debate the House voted to keep the narrower rate‑reduction bill alive (HB3‑23 passed 42–25) rather than adopt the substitute.

Not all measures passed. First substitute House Bill 10, extending protective‑order access in some dating‑violence situations, drew debate about ex parte orders and victim safety; the measure failed 36 yes to 39 no.

Representative Bigelow circulated revised revenue estimates at the end of the session, reporting increases in the revenue forecast — an increase in one‑time revenues of $68.9 million and an increase in ongoing revenues of $63.2 million — figures House staff distributed to members for budgeting and appropriation discussions.

The House also received and adopted multiple committee reports and directed many bills back to the Rules Committee for prioritization before adjourning until 10 a.m. the next day.

Votes at a glance

- HB120 (Election and Referendum Procedures): Failed, 27–46. Sponsor: Rep. David Hogue. - HB248 (Executive and Legislative Coordination Act): Passed, 42–31. Sponsor: Rep. David Hogue. - HB76 (High‑Deductible Health Plan Option for Public Employees), as amended: Passed, 54–19–2 absent. Sponsor: Rep. Dahl. Amendment (line 50): changed "shall" to "may." Mover: Rep. Dunnigan. - HB132 (Local Land Use Requirements), first substitute, as amended: Passed, 70–1. Sponsor: Rep. Michael Morley. Effective date delayed to July 1, 2006. - HB22 (Utah Child Abuse Prevention Board), as amended: Passed, 53–16–6 absent. Sponsor: Rep. Ray. Board to sunset in 2011. - HB42 (Renewable Energy Tax Credits), second substitute: Passed, 71–0. Sponsor: Rep. Allen. Fiscal note ~ $150,000/year; geothermal residential cap $1,000; other residential $2,000; commercial capped at $50,000; five‑year sunset. - HB95 (Income‑tax checkoff for spay/neuter): Passed, 46–26–3 absent. Sponsor: Rep. Noel. Funds to be distributed by Department of Health to qualifying 501(c)(3)s (sponsor named "No More Homeless Pets"). - HB53 (Corporate Apportionment / Tax Credits), first substitute: Passed, 49–22. Sponsor: Rep. Harper. Phase‑in provisions reduce later fiscal impact per sponsor presentation. - HB10 (Domestic/Dating Violence Amendments), first substitute: Failed, 36–39. Sponsor: Rep. Litvak. - HB3‑23 (Individual income tax rate reduction): Passed (to keep the option alive), 42–25. Sponsor: Rep. Farren.

What’s next

Bills approved by the House will be transmitted to the Senate or assigned to calendars as noted. Multiple committee reports were adopted, and Rules actions returned a substantial set of bills to the Rules Committee for prioritization. The House adjourned and is scheduled to reconvene at 10 a.m. the following day.