2006 Utah Legislative Session

 

 Overall Summary:

 

At midnight on March 1st,  the 56th session of the Utah Legislature came to an end. Highlights of the session were as follows:

 

           The Utah Legislature agreed to reduce the tax on food by 2% starting January 1, 2007. As you recall, Governor Huntsman and the Utah House wanted complete elimination of the food tax, which the Senate opposed. The 2% reduction on the food tax was the legislative compromise.

 

           Governor Huntsman had requested the legislature to change the current personal income tax rate of 7% to a flat tax of 5% or less. The House did not reach agreement on this issue. The Legislature adjourned without passing a personal income tax reform bill. As a consequence Governor Huntsman will request a special session of the Legislature to address this issue.

 

           The USTAR proposal, which would establish advanced high technology research centers at Utah State University and University of Utah, was fully funded as requested by Governor Huntsman as part of his economic development package at $65 million.

 

           The Legislature and Governor agreed to support business tax reform proposals in the amount of $20 million. The three bills supported by the Business Coalition that were passed included:

 

           SB29 - Telecommunications Sales Tax Exemption

           SB31 - Manufacturing Repair and Replacement Sales Tax Exemption

           SB34 - Repeal of “Second” Gross Receipts Tax for Utah Power and IPA

 

           The business tax reform proposal most important to our industry, SB-33, which would have removed the sales tax on mining equipment purchases was under consideration by the Legislature until Governor Huntsman indicated that he was not in favor of funding this legislation this year. As a consequence, we will need to work with the Governor’s office and Legislative members throughout this year and reintroduce the proposal for passage in the next legislative session. Also, HB53 which would have established a single sales factor for calculating business income was also deferred.

 

           The Utah Legislature agreed to provide an additional $100 million to fund transportation needs.

 

           Four other bills of interest to our industry were passed in an amended form which was acceptable:

 

           HB228 - Groundwater Management Plans

           SB92 - Certification of Crane Operators

           SB241 - Natural Resource Development

           HB100 - Environmental Litigation Bond

 

           SB24, Weapons Amendments, which addressed the rights of individuals to carry loaded weapons in their vehicles was not passed by the Utah Legislature

 

           In general, this session of the Utah Legislature was mainly focused on the Governor’s two priorities: Elimination of the tax on food and personal tax reform. The business community was able to carve out some important tax reform proposals but did not in the end get what many thought would be achievable in light of the record billion dollar surplus that the legislature had before it.

 

In total, the Utah Legislature passed 395 bills, and the Governor has until March 21 to decide which bills he will veto. Near the end of the session, Governor Huntsman vetoed SB70, that would allow the Utah Legislature to override the Governor’s decision on radioactive waste issues in Utah. The Senate overrode the Governor’s veto by a vote of 21-8, but the Utah House filed the bill without taking action.


You can follow and monitor any bill you have a personal interest in by accessing the UMA Website at www.utahmining.or/legislative_tracking.html

 

If you have need for any additional information on a particular bill, please give David Litvin a call at 801-364-1874 or email mining@xmission.com

To view the contents of a bill, click on the bill number.

Return to Top of Page      Return to Home Page


SENATE BILLS


 

Go to House Bills     S=Support;  O=Oppose;  HP=High Profile;  LP=Low Profile

 

Number

Sponsor

Short Title

UMA Position

Status

SB-13S1

Killpack

Commercial Driver License Amendments

Monitor

Governor - Signed

SB-16

Hillyard

Civil Antitrust Amendments

Monitor

Governor - Signed

SB-19s2

Waddoups

Amendments to Indoor Clean Air Act

Amend

Passed - Enrolling

SB-21

Hickman

Employment Security Amendments

LP-S

Governor - Signed

SB-24s3

Madsen

Weapons Amendments

HP-O

Defeated

SB-27

Hatch

Lake Powell Pipeline Develop. Act

LP-S

Passed - Enrolling

SB-28

Hillyard

Sales and Use Tax-Exemption for Isolated or Occasional Sales

LP-S

Passed - Enrolling

SB-29

Bramble

Sales and Use Tax Exemption-Telecommunications

HP-S

Passed - Enrolling

SB-30

Bramble

Sales and Use Tax Exemption for Semiconductor Fabricating, Processing, Research, or Development Materials

HP-S

Passed - Enrolling

SB-31s2

Stephenson

Sales and Use Tax-Manufacturing Exemptions Amendments

HP-S

Passed - Enrolling

SB-33s2

Stephenson

Sales and Use Tax Exemptions for Certain Business Inputs

HP-S

Defeated

SB-34

Dmitrich

Gross Receipts Tax Amendments, Repeal and Public Utility Tariffs

HP-S

Passed - Enrolling

SB-35S1

Bell

Local Option Sales and Use Tax Distribution Amendments

Monitor

Passed - Enrolling

SB-36

Dmitrich

School Districts-Limited Amendments to Truth in Taxation

LP-S

Governor - Signed

SB-39

Hillyard

General Fund Surplus Appropriation for Water Development Projects

Monitor

Defeated

SB-40

Dmitrich

Mine Safety and Certificate Amendments

LP-S

Governor-Signed

SB-42

McCoy

Amend. Prohibiting Health Insurance Discrimination

HP-O

Defeated

SB-43

Mayne

Minimum Wage Amendments

HP-O

Defeated

SB-45

Dmitrich

Oil and Gas Conservation Account Amendments

Monitor

Defeated

SB-46

Dmitrich

Utah Coal Regulator Program Amendments

 LP-S

Governor - Signed

SB-66

Arent

Price Controls During Emergencies Amendments

 Monitor

Passed - Enrolling

SB-70

Stephenson

Process for Approval of Waste Disposal Amendments

Monitor

Governor - Vetoed

SB-75S1

Mansell

USTAR Initiative

HP-S

Governor - Signed

SB-77

Madsen

Classification and Inspection of Records Under Grama

Monitor

Defeated

SB-80

Killpack

Public-private Partnerships for Tollway Facilities

LP-S

Governor - Signed

SB-83

Bell

Sales and Use Tax – Single Rate Per County

LP-O

LRGC

SB-89

Stephenson

Sales and Use Tax – Attachment of Tangible Personal Property to Real Property

LP-S

Passed - Enrolling

SB-92s2

Davis

Licensure of Crane Operators

HP-O

Governor - Signed

SB-93

Mayne

Boiler and Elevator Safety Provisions

LP-S

Passed - Enrolling

SB-102

Bell

Gifts to Public Officials

Monitor

Defeated

SB-109

Hillyard

Uniform Commercial Code - Warehouse Receipts, Bills of Lading, and Other Documents of Title

Monitor

Governor - Signed

SB-111

Hatch

Water Conservancy District Amendments

LP-S

Passed-Enrolling

SB-112

Hatch

Centers of Excellence Amendments

 Monitor

Passed - Enrolling

SB-117

Stephenson

Eminent Domain Amendments

Monitor

Passed - Enrolling

SB-136

Bramble

Tax on Insurance Premiums

Monitor

Governor - Signed

SB-139

Stephenson

Reportable Transactions Act

 Monitor

Passed - Enrolling

SB-140

Waddoups

Unlawful Outdoor Advertising Amendments

Monitor

Governor - Signed

SB-151s1

Bell

Property Tax - Notice and Hearing Amendments

HP-O

Defeated

SB-153

Hillyard

Uniform Environment Covenants Act

Monitor

Governor - Signed

SB-157

Stephenson

Impact of Administrative Rules on Small Business

LP-S

Defeated

SB-166

Hillyard

Moratorium on Issuing Sales Tax Revenue Bonds by Local Governments

Monitor

Defeated

SB-192

Mayne

Exemptions to Residential Property Tax

LP-O

Defeated

SB-196s2

Bramble

Revisions to Redevelopment Agency Provisions

LP-S

Passed - Enrolling

SB-198

Bramble

Property Tax-Intangible Property

HP-S

Passed - Enrolling

SB-202

Hillyard

Use of Oil and Gas Tax Revenues

Monitor

Defeated

SB-204

Madsen

High School Graduation Amendments

Monitor

Defeated

SB-205

Hatch

Real Property – Partial Release or Partial Reconveyance

Monitor

Passed - Enrolling

SB-208s3

McCoy

Reporting of Tax Expenditures

LP-O

Defeated

SB-209

Eastman

Waste Fee Amendments

Monitor

Passed - Enrolling

SB-210

Jenkins

Property Law Amendments

Monitor

Defeated

SB-215

McCoy

Electronic Waste Task Force and Moratorium on Electronic Waste Disposal

LP-S

Defeated

SB-217

Hillyard

Resolution Enlarging Revenues and Assets

Monitor

Defeated

SB-221s2

Stephenson

Levies for the Assessment and Collection of Property Taxes

Monitor

Governor - Signed

SB-222

Hellewell

Outdoor Advertising – Height Adjustment of Signs

Monitor

Governor - Signed

SB-241s1

Dmitrich

Natural Resources Development

Monitor

Passed - Enrolling

SB-242s2

Bramble

Tax Revisions

Monitor

Defeated

SB-244

Knudson

Business Resource Centers

LP-S

Defeated

SB-270

Hatch

Individual Income Tax Revisions

Monitor

Defeated

SJR-2

Hillyard

Resolution Enlarging Revenues and Assets

 LP-S

Defeated

SJR-8

Mayne

Resolution Submitting Minimum Wage Question to the Voters

LP-O

Defeated

 

 

H = House;  S = Senate;  BUS = Business, Labor and Economic Development;  ED = Education;  ENRA = Energy, Natural Resources and Agriculture;  GOP = Government Operations;  Health/Enviro. = Health and Environment;  HHS = Health and Human Services;  HS = Human Services;  JLC = Judiciary, Law Enforcement and Criminal Justice;  NRAE = Natural Resources, Agriculture and Environment;  PS = Political Subdivisions;  PUT = Public Utilities and Technology;  Quasi-Gov. = Quasi-Governmental Entities; REV = Revenue and Taxation;  St/Local = State and Local Affairs; Trans. = Transportation;   TR = Transportation and Public Safety;  WED = Workforce Services & Economic Development

Return to Top of Page      Return to Home Page


HOUSE BILLS



Go to Senate Bills     S=Support;  O=Oppose;  HP=High Profile;  LP=Low Profile

 

 

Number

Sponsor

Short Title

UMA Position

Status

HB-6s1

Ure

Utility Improvement Districts Revisions

Monitor

Governor - Signed

HB-9s2

Murray

Workers' Compensation Coverage of Firefighters and Drug Task Force Officers

HP-O

Passed - Enrolling

HB-18

Cox

Unemployment Compensation-Social Security Offset

LP-S

Governor - Signed

HB-29

Christensen

Township Amendments

Monitor

Governor - Signed

HB-38

Ferry

Water Reuse Requirements

Monitor

Passed - Enrolling

HB-42s2

Allen

Renewable Energy Tax Credit

LP-S

Defeated

HB-45

Adams

Bear River Development Act

LP-S

Governor - Signed

HB-46S03

Barrus

Energy Policy Amendments

Monitor

Passed - Enrolling

HB-47S01

Ure

Sales Tax Diversion for Water Projects and Water Financing

LP-S

Governor - Signed

HB-48

Ure

Water Company Amendments

Monitor

Governor - Signed

HB-50

Litvack

Utah Technology Industry Council Revisions

LP-S

Passed - Enrolling

HB-51

Harper

Sales and Use Taxation of Amusement Devices and Cleaning or Washing of Tangible Personal Property

LP-S

Passed - Enrolling

HB-52

Harper

Sales and Use Tax Exemption for Transportation

LP-S

Passed - Enrolling

HB-53s1

Harper

Apportionment of Business Income to Utah

HP-S

Defeated

HB-65s1

Lawrence

Consumer Protection Agency

LP-O

Passed - Enrolling

HB-72s1

Snow

Workers' Compensation for the State

Monitor

Passed - Enrolling

HB-75

Hunsaker

Unclaimed Property Act Revisions

LP-S

Defeated

HB-78

Clark

Investment of Land Grant Trust Funds

Monitor

Passed - Enrolling

HB-79s2

Last

Prescription Drug Purchasing Pools

LP-O

Defeated

HB-84

Shurtliff

Income Tax-Education Funding

Monitor 

Defeated

HB-94s2

Jones

Ban on Gifts to Elected Officials

Monitor

Defeated

HB-100s1

Tilton

Environmental Litigation Bond

Monitor

Passed - Enrolling

HB-101s3

Alexander

Lobbyist Gift Limits and Disclosure

Monitor

Defeated

HB-109s3

Newbold

Sales and Use Tax - Food and Food Ingredients and Tax Rates

Monitor

Passed - Enrolling

HB-112s1

Lockhart

Transportation Investment Act

Monitor

Governor - Signed

HB-122s2

Mascaro

Utah Small Business Health Plan

 Monitor

 

Defeated

HB-138s1

Menlove

Mercury Switch Removal Act

 LP-S

Passed - Enrolling

HB-140

Alexander

Amendments to Commercial Driver License Provisions

 Monitor

Passed - Enrolling

HB-150

Morley

Workers' Compensation Revisions

LP-S

Passed - Enrolling

HB-168s1

Ferry

Eminent Domain Limitation on Political Subdivisions

LP-S

Defeated

HB-177

Clark

Right to Work Laws

Monitor

Defeated

HB-179

Donnelson

General Government Revisions

HP-O

Defeated

HB-181s1

Urquhart

Education reform

LP-S

Passed - Enrolling

HB-184

Adams

Parent Choice in Education Act

LP-S

Defeated

HB-189

Noel

Amendments to Government Law

Monitor

Defeated

HB-191

Gowans

Costs of Intervention in Public Service Commission Proceedings

LP-O

Defeated

HB-228

Ure

Groundwater Management Plan

LP-S

Passed - Enrolling

HB-230s2

Daw

High School Curriculum

Monitor

Defeated

HB-241

Menlove

Industrial Protection Act

LP-S

Passed - Enrolling

HB-252

Menlove

Public Education Job Enhancement Program Amendments

LP-S

Defeated

HB-256

Hughes

Requirement of Property Tax Increase Advertisement

 LP-S

Governor - Signed

HB-259s2

Tilton

Division of Air Quality - Bond for Stay of an Order

LP-S

Defeated

HB-261

Newbold

Property Tax Revisions

 LP-S

Governor - Signed

HB-264

Noel

Acceptance of R.s. 2477 Rights-of-way Amendments

Monitor 

Governor-Signed

HB-271

Ure

Petroleum Storage Tank Trust Fund Amendments

LP-S

Governor - Signed

HB-275

Ure

Eminent Domain Requirements

 LP-S

Defeated

HB-277

Biskupski

Earned Income Tax Credit

 Monitor

Defeated

HB-279s2

Ure

Patient Access to Health Care

LP-O

Defeated

HB-293

Gibson

Transportation-Oversized and Overweight Permit

 Monitor

Passed - Enrolling

HB-301

Hutchings

Consumer Access to Health Care Provider Charges

LP-S

Defeated

HB-302

Jones

Individual Income Tax Amendments

LP-O

Defeated

HB-309s2

Hughes

Municipal Energy Sales and Use Tax Amendments

LP-S

Passed - Enrolling

HB-313

Hansen

Minimum Wage Revisions

LP-O

Defeated

HB-323s2

Ferrin

Individual Income Tax Rate Reduction

Monitor

Defeated

HB-324

Wiley

Gift Certificates - Limiting Expiration Date

HP-O

Defeated

HB-333s1

Wheeler

Antitrust Exemption

Monitor

Governor - Signed

HB-335s2

Tilton

Radiation Control Act - Bond Requirements

LP-S

Defeated

HB-338s2

Dougall

Property Tax Exemption for Business Personal Property

Monitor

Governor - Signed

HB-340

Dee

Education Funding Amendments

Monitor

Defeated

HB-359

Wheatley

Property Tax Exemption for Veterans

Monitor

Defeated

HB-369

Ferrin

General Obligation Bond Authorization for Highways

Monitor

Defeated

HB-385

Noel

Use of Biodiesel as Alternative Fuel Source

Monitor

Defeated

HB-386s1

Dougall

Personal Property Tax Amendments

Monitor

Defeated

HB-413

Wyatt

Comparative Negligence Amendments

LP-S

Defeated

HB-444

Gowans

Irrigation Company Revisions

Monitor

Defeated

HB-463s2

Adams

Workers’ Compensation Amendments

HP-S

Defeated

HJR-1s2

Dougall

Res. Regarding Property Tax on Personal Property

Monitor

Passed - Enrolling

HJR-5

Wheatley

Resolution Providing Property Tax Exemption for Veterans

Monitor

Defeated

HJR-6

Hogue

Resolution Limiting Property Tax on Primary Residence

Monitor

Defeated

HJR-29

Dougall

Resolution Restricting Use of Eminent Domain

HP-O

Defeated

 

H = House;  S = Senate;  BUS = Business, Labor and Economic Development;  ED = Education;  ENRA = Energy, Natural Resources and Agriculture;  GOP = Government Operations;  Health/Enviro. = Health and Environment;  HHS = Health and Human Services;  HS = Human Services;  JLC = Judiciary, Law Enforcement and Criminal Justice;  NRAE = Natural Resources, Agriculture and Environment;  PS = Political Subdivisions;  PUT = Public Utilities and Technology;  Quasi-Gov. = Quasi-Governmental Entities; REV = Revenue and Taxation;  St/Local = State and Local Affairs; Trans. = Transportation;   TR = Transportation and Public Safety;  WED = Workforce Services & Economic Development
 
Return to Top of Page      Return to Home Page