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Utah House advances package of bills on business taxes, election timing, custody and DUI monitoring

Utah House of Representatives · February 14, 2013
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Summary

On Feb. 14, 2013 the Utah House passed a slate of measures ranging from raising a small‑business personal property tax exemption to changing special‑election timing and allowing courts to order transdermal alcohol monitoring in DUI cases; it also rejected final passage of a campaign‑finance amendment on anonymous contributions.

SALT LAKE CITY — The Utah House of Representatives on Feb. 14 moved a series of bills through the floor, approving measures aimed at reducing paperwork for small businesses, shifting some special elections to November, lowering the age at which children’s custody preferences carry added weight and adding a transdermal alcohol‑monitoring option for some DUI sentences.

In a series of roll‑call votes, members approved an updated Uniform Commercial Code amendment, increased a personal property tax exemption for businesses, adopted changes to the timing of certain ballot propositions and passed changes to child‑custody and DUI statutes. Lawmakers also debated and ultimately rejected final passage of a campaign‑finance amendment about anonymous cash contributions.

The actions matter because they change the administration of state law on taxation, elections and court practice: proponents said the business exemption and election‑timing bill will simplify compliance and increase voter turnout; supporters of the custody bill argued the change would give mature teens a greater voice in family‑court proceedings; backers of the DUI measure said monitoring technology could reduce jail time while improving supervision.

House members began the day with ceremonial items and a presentation by the Tracy Aviary celebrating its 75th anniversary, then moved into legislative business. On the consent calendar the House passed House Bill 303, which clarifies recording requirements for trust‑deed assignment notices. The chamber also approved a first substitute to Senate Bill 41, updating Article 9 of the Uniform Commercial Code, which sponsors said will harmonize naming conventions and other technical matters and takes effect July 1.

One of the largest policy debates on the floor involved first substitute Senate Bill 35, a measure to increase the personal property tax exemption for businesses. Sponsor Representative Brad Wilson described the change as a way to reduce paperwork burdens and compliance costs for small and startup businesses; he said the exemption increase would benefit roughly 26,000 entities. Debate focused on whether the measure creates a modest tax shift (the fiscal note was described as roughly $2 million) and whether the exemption applies to the first $10,000 of personal property or only to businesses with less than $10,000 in taxable property. The sponsor clarified the bill exempts the first $10,000; the House approved the measure on reconsideration after the sponsor corrected earlier remarks.

Lawmakers also considered Senate Bill 34, which moves certain special‑election dates for ballot propositions to November municipal or general elections to encourage higher turnout. Supporters said greater participation is the aim; critics warned the change reduces local choice and can affect timing for school‑district bond planning. The House passed the bill.

On family law, the House agreed to Senate Bill 18, which lowers the age at which a child's custody preference receives 'added weight' in court proceedings from 16 to 14. Sponsors and several members said the change does not automatically grant the child decision‑making authority but gives judges discretion to consider mature minors' views amid the existing 'best interest' standard.

Senate Bill 146 revised DUI sentencing guidance to make home confinement an explicit alternative to minimum incarceration for certain sentences and added transdermal alcohol monitoring as one tool judges may order. Sponsors and members discussed who pays for monitoring devices; committee members reported that defendants commonly bear the cost and indigent defendants may be covered. Supporters described the device as a rehabilitation option that can detect transdermal alcohol metabolites and help ensure compliance.

The House also debated campaign‑finance language in House Bill 38, aimed at anonymous contributions. The chamber concurred with a Senate amendment that kept the reporting aggregate threshold at $50 (under which contributions may be reported in the aggregate), but when the House moved to final passage HB38 failed (32 yes, 39 no), and the bill was filed.

Votes at a glance: - HB303 (Trust deed assignment amendments): passed 66–0. - First substitute Senate Bill 41 (UCC Article 9 amendments): passed 68–0. - House Bill 38 (Campaign contribution amendments) — final passage: failed 32–39 (bill filed). - First substitute Senate Bill 35 (Business personal property exemption): passed on reconsideration 70–2 (initial vote 68–3; sponsor corrected earlier remarks prior to final passage). - Senate Bill 34 (Special election date for ballot propositions): passed 56–17. - Senate Bill 18 (Child custody proceedings — lower age for added weight): passed 69–0. - Senate Bill 144 (Prohibitions on practicing law without a license reauthorization): passed 63–10. - Senate Bill 146 (DUI sentencing and transdermal monitoring): passed 70–2. - Senate Bill 45 (Workers' compensation owner exclusion): passed 73–0.

What’s next: Several bills approved by the House were returned to the Senate for further consideration or signature; other measures were placed on second or third reading calendars. The House adjourned to reconvene Feb. 15 at 10 a.m.

Representative quotes drawn from floor debate illustrate the tenor of key discussions: 'Anything under $50 does not have to be identified by name,' said Representative Craig Powell while explaining aggregate reporting rules in the campaign‑finance debate. Sponsor Representative Brad Wilson said SB35 'reduces the burden of paperwork' and estimated it would help 'about 26,000 small home or startup businesses.' Representative Christiansen framed the custody change as giving 'added weight' to appropriate mature children rather than an automatic entitlement.

The House session also included ceremonial recognition (Tracy Aviary’s 75th anniversary) and multiple committee reports placing bills on calendars for additional consideration.