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Special session approves tax, Medicaid‑IG and criminal code changes; confirms multiple gubernatorial appointments
Summary
In the August 2015 special session the Utah Senate confirmed gubernatorial appointments and passed several bills under suspension of the rules, including corporate tax statute clarifications, changes to Medicaid Inspector General qualifications, criminal law technical fixes, and a statute‑of‑limitations clarification. Most measures were approved by roll‑call votes and will be transmitted to the House or governor as required.
The Utah Senate used its special session on August 18, 2015 to consider a package of mostly technical and administrative measures and to confirm a slate of gubernatorial appointments.
Appointments: the clerk read a set of nominations transmitted by Governor Gary R. Herbert, including nominees to the State Board of Regents and other boards. Committee reports recommended confirmation for several nominees; the Senate voted to approve the appointments. The president announced the confirmations had passed with 28 yea votes, 0 nay and 1 absent.
Tax and statutory amendments: Senator H. Stevenson presented Senate Bill 1001 (corporate franchise and income tax amendments), which he described as equalizing the statute of limitations for tax refunds and deficiency assessments so the state and taxpayers share comparable windows for claims. The bill was considered under suspension of the rules and the clerk announced passage and transmittal to the House for consideration.
Medicaid Inspector General: Senator Henderson sponsored Senate Bill 1002 to remove a requirement that the Medicaid Inspector General be a CPA or a certified internal auditor and to eliminate an arbitrary seven‑year performance‑audit experience floor, broadening the candidate pool while keeping required knowledge of performance audit methodology. The Senate suspended three readings and passed SB1002 under suspension.
Criminal law technical corrections: First substitute Senate Bill 1003 (sponsored by Senator Adams) corrected drafting errors in prior sentencing revisions, including restoring correct penalty classes for leaving the scene of an accident (property‑damage offenses), which had been unintentionally changed by earlier edits. The substitute passed on final passage with the president announcing 26 yea votes, 2 nay votes, 1 absent.
Statute‑of‑limitations clarification: The House transmitted House Bill 1001, clarifying how the statute of limitations (not a statute of repose) applies to certain state claims and the legislature's intent with respect to claims under the Quiet Title Act. After debate on tolling, retroactivity and potential effects on litigation, the Senate passed HB1001 (24 yea, 4 nay, 1 absent) and it was returned to the House for the Speaker's signature.
Procedural notes: Most bills were considered and passed "under suspension of the rules" to expedite action during the special session. Several senators raised concerns about last‑minute policy additions (sales tax increases and bond authority) previously added in another substitute bill and urged more committee process for major fiscal decisions.
The bills will be transmitted as required to the House or the Governor for the next procedural step; appointment confirmations have been completed and appointees are congratulated on the floor.
