Friends and Neighbors,

During the 2023 General Session, we examined a variety of issues and passed many bills to address the most pressing issues confronting our state. During the session, we passed 575 bills, including 342 House bills and 233 Senate bills. Additionally, we balanced the largest budget in state history at $29 billion. I worked hard to support legislation that will help Senate District 16 and the future of our state.

Below is a detailed look at legislation we debated and passed during the 2023 General Session. The next step in the process is for the governor to sign the legislation we passed. Gov Cox has until March 23 to sign or veto our bills. For more important dates throughout the year, see here.

My Passed Legislation

S.B. 13 Motor Vehicle Registration Amendments addresses issues brought forward by the Utah Tax Commission, clarifying that the commission may impose a registration reinstatement fee and clarify what the License Plate Restricted Account entails. The bill repeals the honorary consulate special group license plate.

S.B. 21 Retirement and Independent Entities Amendments clarifies which entities are considered independent entities for purposes necessary to the Independent Entities Code. The bill adds the Public Service Commission to the list of independent entities and outlines how different matters for consideration are brought before the Independent Entities Committee. It also addresses how the unspent appropriations of a dissolved independent entity are returned to the state.

S.B. 23 Traffic Safety Amendments enacts provisions related to allocation of law and traffic enforcement responsibilities on state highways. With the creation of many new travel routes such as the West Davis Corridor, Mountain View Corridor, segments of Highway 89, portions of Bangerter Highway and stretches of highway in Washington County, local entities began to patrol these roads. This bill establishes a review process to determine what criteria will be used and what resources will be allocated to allow these new roads to be maintained by the Utah Division of Transportation and patrolled by the Utah Highway Patrol.

S.B. 24 Advanced Air Mobility Amendments
S.B. 24 Advanced Air Mobility Amendments was heard during our interim discussions and adopted by the Transportation Interim Committee. The Advanced Air Mobility task force created last year considered policies and procedures regarding delivery drones, aerial mobility drones and other unmanned aircraft. Under the evaluation of that task force, S.B. 24 organizes the provisions and implements a framework for advanced air mobility systems.

S.B. 25 Transportation Funding Revisions
S.B. 25 repeals the following antiquated, restricted accounts previously held by the state in the transportation code: the Impacted Communities Transportation Development Restricted Account and the Motorcycle Safety Awareness Support Restricted Account. The accounts are no longer needed and have a zero-balance.

S.B. 27 Transportation Revisions
After a significant study carried out by the Transportation Interim Committee this past summer, our committee identified adjustments needed in the transportation code. These adjustments in S.B. 27 address matters like stationary plans for public transit, and traffic laws pertaining to snowplows and towing service fees. The need to address snow plow operation and driver behavior around them was brought to me by a few constituents through what they had noticed happening out on the roads. The bill:

• prohibits an individual from passing a snowplow on the side where the snowplow blade is deployed;
• prohibits an individual from passing three or more snowplows operating in echelon formation.

S.B. 29 Road Jurisdiction Amendments
This annual road jurisdiction transfer bill amends descriptions of the roads SR-109 (Layton) and SR-131 (Bluffdale), transferring jurisdiction to the state under the management and maintenance of the Utah Division of Transportation (UDOT).

S.B. 48 Energy Producer States’ Agreement Amendments
Utah participated in the Energy Producer States’ Coalition for many years before its dissolution. This bill removes that inactive coalition from code and organizes the nonpartisan Energy Council. Members of the Legislature are directed to participate in the council to track matters of energy development pertaining to wind, solar, nuclear and fossil-fuel energy. The Energy Council will be made up of four members: two senators appointed by the Senate president and two House members appointed by the speaker. The council will report on its activities to the Natural Resources, Agriculture and Environment Interim Committee and the Public Utilities, Energy, and Technology Interim Committee.

S.B. 54 Child Welfare Parental Representation Amendments expands an existing pilot program to allow additional parental representatives in child welfare cases for low-income individuals. It also allows federal funds to be used under the Child Welfare Parental Representation Fund.

S.B. 56 Child Welfare Amendments
S.B. 56 addresses and amends the Utah Juvenile Coder as it relates to child welfare. It is an annual bill that updates the state code and enhances best practices for children, families and the agencies involved in ensuring their welfare. Most notably, the bill clarifies the citizen review panels under the Division of Child and Family Services (DCFS), allowing access to certain records and information to fulfill the panel’s duties. In order to improve this process, the bill establishes the Child Welfare Improvement Council, composed of volunteer members, including former consumers of services, who broadly represent the geographic community or topic area for which the panel is established. The Council will assist and advise DCFS as determined by the division.

S.B. 82 Sales Tax Amendments
This bill modifies provisions of the sale and use tax license requirements. It clarifies that the commission requires a seller to renew an exemption certificate when more than 12-months elapse between transactions between a seller or certified provider and a purchaser.

S.B. 84 Housing and Transit Reinvestment Zone Amendments
In amending provisions related to housing and transit reinvestment zones, S.B. 84:

• restricts how much land a proponent county may own within a housing and transit reinvestment zone;
• requires a housing and transit reinvestment zone proposal to include certain maps of the proposed area;
• requires the Governor’s Office of Economic Opportunity to provide notice to certain relevant entities after receiving a housing and transit reinvestment zone proposal;
• requires the State Tax Commission to provide feedback to a housing and transit reinvestment zone regarding the State Tax Commission’s ability to administer the tax implications of the proposal;
• amends the membership of the housing and transit reinvestment zone committee;
• amends provisions regarding circumstances in which certain counties are allowed to submit a proposal for a housing and transit reinvestment zone;
• provides a property owner near a public transit hub in a county with a small public transit district with certain vested development rights if the county failed to submit

S.B. 89 Utah Retirement Amendments
This bill concerns retirement savings contribution options for employees of the state of Utah. After an interim review of our state retirement code, we considered how state employees are not automatically enrolled in a personal contribution plan. This bill changes the current opt-in 401(k) retirement program to an opt-out, allowing a qualifying employee who is hired on or after July 1, 2023, to be automatically enrolled to make a personal contribution to a defined contribution plan qualified under Section 401(k) of the Internal Revenue Code. Any employee may opt out of the automatic enrollment by choosing not to make any future personal contributions.

S.B. 106 Caregiver Compensation Amendments
S.B. 106 allows for parents and caregivers to decide what option will provide the best care and quality of life for their dependents, whether that be at home with a caregiver or in an institutional facility. Through state programs, we have been able to help provide funds for home caregivers. Currently, there are three sub-groups that are able to apply for the caregiver’s compensation funding. The first is the spousal group, by the passing of S.B. 63 during the 2021 General Session. This initial program had great success.  During the pandemic, ARPA funds were granted to the state, allowing two other groups, the dependents under 18 group and the dependents over 18 group to be funded. The funding for the additional groups showed that the in-home care resulted in higher quality of care and quality of life. This bill will extend this funding, allowing the spouse or family member who provides care, to receive partial compensation for the work lost.

S.B. 120 Property and Contraband Amendments pertains to the retention and disposal of evidence and contraband for class A, B, and C misdemeanors regarding documentation, disposal and the criteria for retention of evidence related to these offenses. The intent of this bill is to get property back to its rightful owners quickly and dispose of contraband and other items correctly in the proper time frame.

S.B. 123 Boards and Commissions Modifications makes it so boards and commissions will be consolidated, repealed or amended based on recommendations from state agencies and directors. Currently, there are about 435 boards and commissions in Utah. The governor appoints members to boards and commissions and the Senate approves these appointments. Under this bill, boards and commissions will be consolidated, repealed or amended based on how infrequently they meet, staffing limitations and requirements from various state agencies.

S.B. 127 Cybersecurity Amendments
Each year, threats to computers, data, systems, servers and information increase. Seminars on cybersecurity are held nationwide and task forces assemble to share best practices and provide recommendations on how to improve cyberspace. Recently, several states have created cyber centers, enforced two-factor authentication, connected state and local agencies to manage and notify of risks and breaches, and adopted standards for a secure government site.

In Utah, we have a robust team of state and local professionals working to improve government data systems’ security. S.B. 127 Cybersecurity Amendments updates cybersecurity code and best practices, enhances coordination and efforts, and updates the duties of Utah’s Cybersecurity Commission.

S.B. 133 Modifications to Postpartum Medicaid Coverage extends Medicaid coverage to women for a full year following the birth of a child. The transition from pregnancy to full recovery is when many women experience unmet health needs. Some of the most dangerous pregnancy-related complications–preeclampsia, blood clots and heart problems such as cardiomyopathy–may not surface until weeks, or months, after delivery. Extending Medicaid coverage for postpartum women will help ensure new moms have continuous, uninterrupted access to healthcare to address their ongoing health needs.

S.B. 161 Advanced Air Mobility Revisions creates the advanced air mobility sandbox to test regulations that will facilitate the development of advanced air mobility systems. It also constructs a study to examine suitable locations for infrastructure and vertiports, best practices regarding advanced air mobility, and different testing approaches for the technologies involved.

S.B. 163 Child Welfare Modifications
Under both the United States Constitution and the constitution of Utah, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s children. A fundamentally fair process must be provided to parents if the state moves to challenge or interfere with parental rights, and though a parent may not always be a “model parent”, this fundamental liberty is recognized and protected, though a child may be in temporary custody of the state.

S.B. 163 Child Welfare Modifications addresses visitation and the welfare of children in out-of-home placement situations. This bill allows the following, unless it conflicts with the best interest of the child:
– Allows parents and siblings to visit with children who are placed outside of the home.
– Expands sibling visitation rights by requiring courts to order sibling visitation.
– Encourages the court to have better documentation practices to justify why visitations
are not allowed.

S.B. 185 Transportation Amendments
S.B. 185  clarifies the allocation of responsibilities between the Utah Department of Transportation (UDOT) directors and requires UDOT to report to the Transportation Commission on legislatively funded capacity projects.

S.B. 191 Condominium and Community Association Amendments encourages water conservation, clarifying that HOAs cannot mandate watered lawns during a drought, and requires HOAs to adopt water-efficient landscaping rules.

S.B. 212 Utah Communications Authority Amendments
The Retirement and Independent Entities interim committee has the duty yearly to select two independent entities for a study and review. The Utah Communications Authority was selected as one of these entities for study, and findings will be included in the annual committee report back to the Legislative Management Committee, as outlined in this bill. S.B. 212 also amends the Utah Communications Authority Act by clarifying some policies for statewide public safety service and support.  Further, the bill deletes unnecessary language, and clarifies some issues going on in rural Utah with staffing shortages.

S.B. 221 Public Retirement Withdrawal Amendments
This bill concerns state entities who wish to withdraw from our Utah Retirement System (URS). Normally it takes an annual act of legislation to confirm and approve a commission’s withdrawal. S.B. 221 sets up the criteria and mechanism for entities to withdraw from the URS and Insurance benefit, so that we no longer need to run a bill each year. These changes will also help to standardize the code, rather than enact a new section each time a situation arises.

S.B. 221 additionally establishes the guidelines and procedures for withdrawing entities to follow. This bill adds 501(c)(3) nonprofits to the definition of a “withdrawing entity” and requires withdrawing entities to pay the costs of election to withdraw.

S.C.R. 3 Listen and Explain, Cooperate and Communicate Campaign
In an effort to increase positive relationships and interaction between law enforcement and citizens, S.C.R. 3 creates the Listen and Explain, Cooperate and Communicate Campaign. The resolution encourages Utah’s law enforcement agencies to use the campaign to train officers how to actively listen to citizens’ concerns during all interactions and then reasonably and respectfully explain, when possible, what action will take place according to the law or agency policy.

Budget Overview
It is our constitutional responsibility to pass a balanced budget each year. Early in the session, we pass smaller, bare bones base budgets to ensure our state continues running even if there is a breakdown during negotiations. Near the end of the session, the Legislature passes what is referred to as the “Bill of Bills,” which allows us to supplement the base budgets with expanded appropriations based on the latest revenue estimates shared mid-way through the session. In this recent session, the “Bill of Bills” was more specifically known as S.B. 3 Appropriations Adjustments. Our total state budget this year was a remarkable $29 billion, the largest budget in Utah’s history.

Utah’s economy is in a strong position, ranking as the best state for economic outlook for 15 years in a row. However, the country is experiencing increased risks and volatility, with predictions of economic slowdowns. Utah is the best-prepared state in the nation for economic uncertainties. We are committed to ensuring Utah continues to be well-prepared for current and future needs by making strategic investments and wise budget decisions.

Other Legislation by Topic:
Tax Cuts
The 2023 General Session was a historic year for Utah, giving us the opportunity to provide the largest tax cut in state history. Over the past two years, the Utah Legislature has reduced taxes by nearly $300 million. To continue Utah’s commitment to reducing taxes and cultivating a family and business-friendly environment, the Legislature provided $850 million in tax relief for Utahns during the 2023 General Session. The tax cuts include reducing the income tax rate, expanding the social security tax credit, providing a double dependent exemption for those who have children under three and lowering the tax on motor fuel. You can learn more about additional tax cuts in the highlights below.

H.B. 54 Tax Revisions provides $607.9 million in tax cuts. The bill:

• Reduces all Utahns’ income tax rate from 4.85% to 4.65%. A $380 million reduction in taxes
• Expands social security tax credit eligibility to individuals earning up to $75,000 per year. A $22.7 million reduction in taxes.
• Provides a tax benefit for pregnant women by allowing a double dependent exemption for children in the year of their birth. A $3.5 million reduction in taxes.
• Increases the earned income tax credit (EITC) from 15% to 20%. A $1.2 million reduction in taxes.
• Removes the state portion of sales tax on food contingent on voters’ approval to remove the constitutional earmark for income tax revenue during the 2024 general election.  A $211 million reduction in taxes.

H.B. 301 Transportation Tax Amendments lowers the state tax on gas by two cents per gallon. A $32.7 million reduction in 2024.

H.B. 293 Tax Rebalancing Revisions (2018) maintain the decreases of the basic property tax levy freeze, preventing a $146 million future property tax increase. In FY 2024, the basic property tax levy will decrease from .001661% to .001356%.

H.B. 364 Housing Affordability Amendments provides a low-income housing tax credit for Utahns. A $51 million reduction.

H.B. 170 Child Tax Credit Revisions expands on H.B. 54, allowing a double dependent exemption for children one to three years old. A $9.6 million reduction in taxes.

H.B. 130 Adoption Tax Credit enacts an income tax credit for expenses related to the adoption of a child. A $2.6 million tax credit.

H.B. 151 Veteran Property Tax Revisions increases the amount of taxable value that a disabled veteran may have exempted from property tax to a maximum of $479,504. This number was adjusted from the 2015 amount of $252,126, with inflation considered.

Water Conservation
Utah is the second driest state in the nation. Over the last few years, our state has experienced severe drought. Though we received incredible snow and moisture this year, it’s imperative that we continue to plan for dry years and conserve water. In the past two years, we have allocated nearly a billion dollars for water conservation efforts and development, further mitigating Utah’s ongoing water issues and planning for future growth. This year, we passed several bills and allocated more than $500 million to address the diverse statewide water needs. The passed legislation ranges from subsidizing water efficient landscaping to implementing energy and water reduction efforts in local schools. You can learn more about additional water bills passed below.

H.B. 307 Utah Water Ways creates a statewide public-private partnership program called the Utah Water Ways which will educate Utahns, coordinate efforts to optimize the use of water and focus policy discussions about Utah’s water supply.

S.B. 118 Water Efficient Landscaping Incentives expands on the popular “turf buyback” program and allocates more funding to the program.

H.B. 491 Amendments Related to the Great Salt Lake continues efforts to restore the lake by creating the office of the Great Salt Lake Commissioner, who will bring the current state, local and private entities that have authority and responsibility for the Great Salt Lake together to ensure they are working in tandem for the betterment of the lake.

S.B. 76 Water Amendments incentivizes merging land use and water planning by providing state resources to local agencies to address the disconnect between water districts and other water-related entities in the state, aiming to improve communication.

H.B. 450 Water Wise Landscaping Amendments allows property owners in HOAs to use waterwise landscaping on their property and no longer permits HOAs to enforce policies that require lawns to be over 50% water table.

H.B. 150 Emergency Water Shortages Amendments provides a framework and outlines the process for declaring a temporary water shortage emergency while addressing water use preferences during an emergency water shortage.

S.B. 34 Water Infrastructure Funding Study creates a study of water costs, and the use of property tax to fund water infrastructure, treatment and delivery.

S.B. 53 Groundwater Use Amendments changes state statute to allow critical management areas to recharge groundwater aquifers from alternative sources with excess water, allowing local districts to mitigate the decline of aquifers.

S.B. 119 Per Capita Consumptive Use implements a more accurate and efficient analysis of per capita water use in residential areas, assisting the progress of water conservation efforts with accurate reporting.

H.B. 217 School Energy and Water Reductions allows representatives from the State Board of Education, Governor’s Office of Energy Development, Department of Environment Quality, Division of Water Resources and private energy providers to help more local education agencies reduce energy and water consumption.

S.B. 112 Aquatic Invasive Species Amendments addresses the problematic spread of quagga mussels by placing a $20 per boat fee for in-state boats and $25 for out-of-state boats. The funds will go towards hiring staff and other resources that will directly help mitigate the spread of mussels to more of our water systems.

Read more about Utah’s water legislation and conservation here.

Affordable Housing & Homelessness
Utah’s thriving economy is something we are proud of, and it has created a booming real estate market. However, when paired with rapid growth rates and limited housing, it has resulted in a shortage of affordable options. Additionally, homelessness in our Capitol city and across the state has risen dramatically. We cannot sit back and watch this happen to our communities or citizens.

This year, we passed several pieces of legislation and appropriated more than $200 million to address homelessness and housing affordability. We hope that this funding, along with the efforts of many dedicated individuals around the state, will create real change.

• $52.5 million went towards the Utah Low-Income Housing Tax Credit (H.B. 364), which minimizes the amount of tax burden placed on low-income homeowners.
• $50 million went to the First-time Homebuyer Program (S.B. 240), which provides Utahns with a loan of up to $20,000 to help first-time homeowners buy down interest rates, pay for closing costs or apply funds to their down payment.
• $50 million went to Deeply Affordable Housing, helping aid one of our most vulnerable populations.
• $15 million went to create teen centers for students experiencing homelessness. At these centers, teens will be able to find safety, support and resources.
• $10 million went to Utah Housing Preservation Fund, which seeks to ensure that the affordable housing that currently exists in Utah continues to be available for individuals in need.
• $7 million went to Box Elder Crisis Shelter and Transitional Housing.
• $5 million went to Attainable Housing Grants, which will make homeownership a more accessible goal for Utahns.
• $5 million went to the Shared Equity Revolving Loan Fund and $2.75 million went to the Rural Single-Family Home Land Revolving Loan Program, both of which will make needed funds available for families in our state.
• $1 million went to the Critical Home Repair Program, which will go towards repairing the homes of low-income individuals.
• $500,000 went to the Veterans First-time Homebuyer Program, which will provide a grant to eligible veterans that can be used for the first-time purchase of a home.

S.B. 240 First-time Homebuyer Assistance Program allocates $50 million to the first time homebuyer assistance program. This program helps an estimated 2,500 families receive a zero interest loan of up to $20,000 to buy down interest rates, apply funds toward a down payment or pay closing costs.

H.B. 364 Housing Affordability Amendments provides a low-income housing tax credit for Utahns who need it most.

Education
Funding education has been and will continue to be a top priority for the Utah Legislature. The Legislature passed significant funding for education during the 2023 General Session. This year, the Legislature appropriated $15 billion to public education and education programs, more than half of the state budget, and increased the WPU by 13% in ongoing funds and 18.5% in one-time funds. The funding included teacher salary raises, all-day kindergarten, educator preparation, school safety, teen centers and online education programs.

Here are a few of the budget highlights for public education:

• $440.6 million went toward the Public Education Stabilization Account, which is used for the growth and stabilization of the public education system.
• $239.4 million went toward increasing teacher salaries and students’ access to education opportunities.
• $160.8 million went to the Permanent State School Fund. Investment earnings from this fund are distributed to every school in the state based on a per-pupil formula.
• $50 million in one-time funding for critical small district capital infrastructure needs.
• $30 million in flexible funding WPU distribution to 4th-6th Class County Schools
• $26.4 million in ongoing funding and $586,500 in one-time funding to increase the At-Risk WPU for English Language Learners and economically disadvantaged students.
• $17.9 million to increase teacher salary supplement and educator salary adjustment raises to increase yearly with the WPU value instead of remaining stagnant.

The Legislature also increased funding for education programs in the state to continue to provide students with access to necessary resources to succeed academically.

Here are a few of the budget highlights for education programs:

• $75 million in one-time funding to increase school safety, including increasing safety in school facilities and working with school safety specialists.
• $64 million for educators to have additional contract hours for preparation, collaboration, grading and other professional activities.
• $25 million in ongoing funding to increase access to optional all-day kindergarten.
• $15 million in one-time funding for teen centers that assist students experiencing homelessness.
• $7.2 million to assist paraprofessionals in becoming licensed teachers.
• $6 million in one-time funding towards meeting transportation needs of students.
• $1.69 million to increase students’ access to online education programs.

Below are additional details about some of the legislation we passed to support our education system during the 2023 General Session.

S.B. 183 Educator Salary Amendments appropriates funding and ties the teacher salary supplement and educator salary adjustment raises to increase yearly with the WPU value, instead of remaining stagnant. Additionally, it makes all teachers eligible for these benefits until they have received three unsatisfactory ratings instead of one.

H.B. 477 Full-day Kindergarten Amendments expands access to optional full-day kindergarten statewide and funds kindergarten students as a full-weighted pupil unit.

S.B. 83 Public Education Funding Equalization redistributes education revenues across the state to areas that are most in need.

S.B. 55 Public School Instructional Material Requirements allows parents the opportunity to share public comment when a school board considers approving curriculum for the entire school district.

S.B. 100 School District Gender Identity Policies requires each school and local governing board to ensure a parent’s right to access information regarding their child and prohibits a school from treating a student by a different gender identity without parental consent.

H.B. 209 Participation in Extracurricular Activities Amendments makes it possible for non-traditional students to join extracurricular activities outside the student’s public school boundaries. It also requires schools to collect and check students’ birth certificates before participating in high school sports.

H.B. 163 Protecting Student Religious and Moral Beliefs Regarding Athletic Uniform Requirements protects students’ choice to wear religious or moral headwear and clothing, such as hijab, yarmulke, turban or other articles consistent with the student athlete’s beliefs, during athletic activities.

H.B. 348 Participation Waiver Amendments gives parents greater ability to remove their children from school instruction or activities that they feel violates their right of conscience or religious beliefs.

H.B. 427 Individual Freedom in Public Education outlines that each LEA will assure the state board annually that instructional materials and classroom instruction are consistent with specific principles of individual freedom. These principles of freedom include that an individual is not inherently racist, sexist or oppressive because they are a member of a particular race, sex or sexual orientation or that character traits such as a hard work ethic is not considered racist.

S.B. 265 Education Data Privacy Amendments prohibits the sharing of certain student data except when required by federal law. It is a step forward in providing proper protection for students.

S.B. 257 State Board of Education Amendments requires Local Education Agencies to issue high school diplomas to any students who receive an associate’s degree with certain minimum credit hours earned and receive an industry certificate with certain minimum hours. The bill also seeks to help teachers and families by exempting schools from assessments under certain conditions with an opt-out rate exceeding 50%.

Infrastructure & Transportation
Utah is the fastest growing state in the nation. To keep up with our state’s rapid growth, it’s imperative that we expand and improve our transportation systems and infrastructure. This session, we allocated $2.1 billion toward these improvements. In addition to funding, we considered many bills relating to vehicles, roadways, railroads, broadband, energy, aviation and more.

Here are some of the funding items and bills we passed that will directly impact our growing transportation needs:

• $800 million was allocated to the Utah Department of Transportation for various transportation projects and enhancements around the state.
• $775 million for high-risk debt avoidance and reduction.
• $200 million in one-time funds for commuter rail improvements, including making the FrontRunner more competitive with automobile transportation.
• $108 million to the Point of the Mountain and its various construction projects.
• $100 million for enhanced bus service, tolling, a mobility hub, and resort bus stops for Big and Little Cottonwood Canyons.