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Utah Senate advances wide slate of bills, including corporate tax change and shifts to family assistance and condominium rules

Utah State Senate · February 27, 2009
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Summary

The Utah State Senate on Day 32 passed a large number of bills on consent and third reading, including a contentious move to a mandatory single-sales-factor corporate apportionment, changes to Family Employment Program rule authority, and new rules for condominium rental restrictions; several measures prompted substantial debate and recorded roll-call votes.

SALT LAKE CITY — The Utah State Senate completed a packed Day 32 agenda on Feb. 27, 2009, approving a long list of consent-calendar measures and advancing several contested bills after extended debate.

On tax policy, the Senate approved Senate Bill 59, a measure phasing in a mandatory single-sales-factor apportionment for corporate income tax. Sponsor Senator Stevenson said the change is intended to make Utah more competitive for jobs and investment and to phase out heavier weight on payroll and property taxation. The proposal drew pointed questions about distributional effects. "There are some winners and some losers in this policy decision we're making here today," Senator Valentine said during floor debate, arguing the mandatory shift could produce unexpected tax increases for some large, multi-state companies. Senator Stevenson replied that the state faces a competitive risk if it delays while other states adopt similar measures. The bill passed on a roll-call vote and will be sent to the House for further action.

A second major item was House Bill 218, which amends the Family Employment Program (FEP), Utah's TANF‑related cash assistance program. Senate sponsor Senator Hankins described the bill as authorizing the Department of Workforce Services to implement adjusted cash assistance amounts through the administrative rulemaking process — including emergency rule authority — to respond to short-term crises such as spikes in utility costs. Opponents warned the change delegates a significant policy choice to an executive agency. "This is a major shift in policy," Senator Madsen said, urging caution because the legislature has historically set benefit levels. Supporters said the measure uses federal funds and provides oversight through rulemaking; the bill passed in a recorded vote.

Lawmakers also debated housing policy in a lengthy floor discussion on third-substitute House Bill 243, which creates a process for condominium associations to adopt rental restrictions and addresses lender consent. The sponsor explained new notice requirements and a presumption that a lender does not object if it fails to respond within 60 days. Senators asked whether the change reaches back to existing declarations or only applies prospectively; sponsors clarified the amendment allows associations to amend declarations following the procedures those documents require. The bill ultimately passed on third reading.

Beyond those headline items, the Senate moved dozens of measures through the consent and third-reading calendars. The body approved measures addressing background checks for organizations that serve vulnerable adults, updates to evidence rules for digital photographs, amendments to guardian ad litem procedures, revisions to motor vehicle franchise law, and administrative adjustments to money-laundering references — among many others. The chamber also adopted resolutions urging the EPA to revisit PM2.5 nonattainment boundaries and expressing opposition to proposed expansions of Clean Water Act jurisdiction.

The chamber paused to honor community volunteers from the Seville Retirement Center for producing quilts, dolls and other humanitarian items for resale and donation. Near the close of the morning session, senators recognized Utah Nurses Day in the gallery.

What happens next: Several bills that passed the Senate will be forwarded to the House for its action and signature; other measures were circled for further work or placed on study lists for interim review. For bills with narrow or divided votes, sponsors and opponents signaled intent to continue outreach and technical work before final enactment.

Votes at a glance (selected): - Senate Bill 59 (single-sales-factor corporate apportionment): Passed (recorded vote; passed by the Senate and referred to the House). - House Bill 218 (Family Employment Program amendments): Passed (recorded vote; 18 yes, 9 no). - Third substitute House Bill 243 (rental restrictions on condominiums/common-interest communities): Passed (27 yeas, 0 nays, 2 absent).

The Senate recessed for a short break and planned to reconvene for afternoon business and further third-reading items.