2023 Utah Legislative Session Bill Tracker

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1		2023 Utah Legislative Session Bill Tracker \| Counties
2		The table below contains bills passed in the 2023 Utah Legislative session that have relevance to counties and county administrators.
3		For a similar list focusing on relevance to municipalities, click here.
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5	Bill Number	Bill Title + Link	Category	Impact (3=significant; 2=minor, 1=trivial)	Summary
6	HB 0038	Initiative and Referendum Modifications	Public Meetings	3	• Adds definitions for "referendum petition," "initiative petition," "initiative application," and "referendum application"; • For statewide initiative petitions, requires the county election officer to provide notice of public hearings held in the county; • Prohibits people from signing their names more than once on initiative petitions, signing if the "date signed" is wrong, signing someone else's name, or accepting or offering bribes to change their vote; • When collecting manually, requires sponsors of local referendums to sign an agreement with the local clerk about how referendum packets will be numbered; • Gives residents an option to ask a court to reverse a local clerk's determination that a referendum petition is insufficient if done within 10 days; • For notice requirements for public hearings relating to initiative packets, modifies public notice requirements generally as well as in relation to a statewide initiative.
7	HB 0056	Tax Assessment Amendments	Taxes	3	Requires a county assessor to provide certain assessment data to the state tax commission by Match 31 each year.
8	HB 0069	Election Modifications	Elections	3	• Authorizes voter registration to be received by a municipal clerk in addition to the county clerk; • Requires counties to publish notice of elections five days before they occur (increased from two days); • Changes ballot requirements for municipal and county initiatives and elections.
9	HB 0105	Public Employee Disability Benefits Amendments	Employee Compensation/Retirement	3	Makes public employees eligible for mental disability pay (just like pay for physical disabilities)
10	HB 0206	Airport Land Use Amendments	Land Use	3	• Requires local governments with land used (or intended) for airports to adopt an airport overlay zone, regulate the area within 5,000 ft. of airport runways, and provide notice of aircraft overflights and noise to developers in those zones; • Authorizes local governments to condition building permits in those areas on the sale of avigation easements; • Sets default regulations if local governments don't adopt their own overlay zones before December 31, 2024.
11	HB 0219	Firearms Regulations	Government Power	3	Prohibits local governments from enforcing federal gun regulations violating the spirit of the second amendment.
12	HB 0265	Sentinel Landscape Amendments	Land Use	3	Requires local governments within 5,000 ft. of military facilities to develop a compatible use plan for the surrounding land and notify the military facility of any land use applications in that area; gives the military facility veto power over the applications.
13	HB 0364	Housing Affordability Amendments	General Plans + Grants	3	• Requires counties with a population that grows past 5,000 in unincorporated areas to add a moderate income housing element into their general plan before August 1 of the next calendar year; • Requires counties that are required to add a moderate income housing element into their general plan because of population growth to submit a copy to the association of governments of which the county is a part; • Requires local governments to submit annual reports to the state (due August 1) tracking their progress on their moderate income housing goals; • Local governments can appeal to an appeals board the state's determination that they are noncompliant with this requirement; • Requires planning commissions to recommend a five-year timeline for implementing their moderate-income housing goals and to use the exact language provided in state code when doing so.
14	HB 0406	Land Use, Development, and Management Act Modifications	Land Use + Annexation + Development Agreements + Moratoriums	3	• Adds to the definition of "rural real property"; • Gives local governments the ability to leave unincorporated islands/peninsulas when annexing as long as those islands/peninsulas existed previously and the annexation reduces their size; • Authorizes owners of rural real property to include their property in an annexation by signing the petition as well as by giving other written consent; • Upon receiving a protest from an affected entity against annexation, requires the Boundary Commission to weigh the interests of both sides; • Defines "residential roadway" for annexation purposes; • States that "subdivision amendment" does not include a lot line adjustment, between a single lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision; • Changes the permitted length of moratoriums to 180 days (not six months); prohibits local governments from using a moratorium to block a land use application if that application is already blocked by a proceeding to amend local ordinances (though the application must be approved after 180 days if no law is passed); • Prohibits local governments from using a moratorium to block a land use application if applications like it have been blocked by moritorums over the past 12 months (can't use a string of moratoriums in place of amending the ordinance); • Imposes restrictions on how much residential road a local government can require a developer to build; • Voids local government rights in development agreements that are not disclosed by the local governments to the developer; • Restricts what landscape-related completion assurances local governments can require of developers and requires that those completion assurances be memorialized in a development agreement.
15	HB 0416	Transient Room Tax Amendments	Housing	3	Repeals the Transient Room Tax program and reporting requirement.
16	HB 0446	Housing and Transit Reinvestment Zone Modifications	Land Use	3	In a county of the first, second, or third class, which has a population of more than 5,000 in the county's unincorporated areas and that did not submit a proposal to the state for a housing and transit reinvestment zone, gives owners of undeveloped property in areas zoned "community commercial" and located within 1/3 mile of a public transit hub a vested right to develop high-density residential (39-50 units/acre) and mixed-use commercial.
17	SB 0033	Disaster Amendments	Grants	3	Authorizes local governments to receive disaster relief funding for emergencies declared by the municipality or county.
18	SB 0043	Public Notice Requirements	General Plans + Public Meetings	3	Generally increases notice requirements applicable to local governments. Also makes notice requirements uniform by defining them as "class A" or "class B."
19	SB 0075	Sand and Gravel Sales Tax Amendments	Roads + Taxes	3	Redistributes sales tax revenue from sand and gravel sales across all local governments proportional to the sand and gravel they sell and requires those funds to be used for Class B or Class C road work.
20	SB 0118	Water Efficient Landscaping Incentives	Water	3	• Requires local governments to report to the Division of Water Resources ordinances, resolutions, and policies that affect regional-based water efficiency standards established by the Division; • Permits water conservancy districts to obtain grants and use them to provide incentives for water conservation and establishes conditions for those grants.
21	SB 0235	Tax Amendments	Taxes	3	Exempts sales of rolling stock and sand, gravel, and other rock-based construction materials from sales and use tax.
22	SB 0174	Local Land Use and Development Revisions	Housing + Land Use	3	• Imposes a $250 daily fine on local governments whose plans do not meet the state's moderate income housing requirements or who do not submit their reports on time; this fee will increase to $500/day in 2025 and will continue to accrue until the local government is compliant and all fees are paid. • Prohibits local governments from regulating the architectural elements of internal ADUs in residential zones differently than single-family units; • Permits to count as primary dwellings for internal ADU purposes; • Requires a parking space (additional to what is required by local land use regulations) for internal ADUs unless the local regulation requires four or more; • Prohibits local governments from banning newly constructed internal ADUs that conform to other land use regulations and have a final plat approval dated on or after October 1, 2021; • Reworks the subdivision plat review and approval process, which changes will not take effect until early 2024.
23	HB 0021	Open and Public Meetings Act Amendments	Public Meetings	2	• Requires local school boards to adopt a written policy before July 1, 2023 that gives the public an opportunity to provide verbal and written comments related to the authority of the school board in all its public meetings that are not work sessions or emergency meetings; • Waives the requirement to have an anchor location for electronic meetings for local district boards of trustees and special service district administrative control boards if those boards contain landowners, provide a way for participants to participate in the meeting online, and publish instructions for doing so on the public notice announcement.
24	HB 0033	Water Related Liability Amendments	Lawsuits	2	Establishes the duty of care for operators of water facilities and refines governmental immunity provisions.
25	HB 0051	Railroad Right of Way Amendments	Taxes	2	Authorizes a local government entity to assess a railroad for any portion of the cost of a related public infrastructure improvement.
26	HB 0057	Law Enforcement Investigation Amendments	Police Operations	2	Updates warrant requirements.
27	HB 0059	First Responder Mental Health Amendments	Employee Compensation/Retirement	2	Provides mental health resources and support for emergency service workers and volunteers.
28	HB 0061	School Safety Requirements	Police Operations	2	Requires county sherrifs to appoint a liaison between state and local police chiefs.
29	HB 0068	Petition Amendments	Elections	2	Adds verification requirements for initiative and referendum petitions.
30	HB 0093	Outdoor Recreation Modifications	Grants	2	Increases funding available for the Recreation Restoration Infrastructure Grant Program.
31	HB 0111	Inmate Treatment Amendments	Police Operations	2	Requires county and municipal jails to allow medication treatment by a state-approved entity for inmates struggling with opioid addictions who were active clients prior to incarceration.
32	HB 0131	Vaccine Passport Prohibition	Government Power	2	Prohibits governmental and public entities from discriminating against people based on their immunity status or requiring people (including employees) to be vaccinated.
33	HB 0183	Firefighter Retirement Revisions	Employee Compensation/Retirement	2	Modifies the firefighter retirement system.
34	HB 0192	Traffic Violation Amendments	Police Operations	2	Gives law enforcement more options for prosecuting traffic violations, such as a requiring a driver to go to driving school.
35	HB 0199	Voluntary Firearm Safekeeping Amendments	Police Operations	2	Prohibits law enforcement from returning a gun to its owner when that gun was delivered by the owner's co inhabitant and the owner has a criminal history.
36	HB 0231	Low Income Housing Property Tax Exemption	Taxes + Housing	2	Expands the property-tax-exempt status for low-income housing.
37	HB 0251	Court Amendments	Lawsuits	2	Amends procedure for civil suits (including those involving municipalities and counties).
38	HB 0257	Greenbelt Property Amendments	Taxes	2	Waives the acreage requirement for "agricultural" assessment if the reason the land fails to meet the is that the government has exercised eminent domain ("agricultural" status means a much lower property tax rate on the land—one based on the production value, not the land market value).
39	HB 0280	Local Government Construction Project Bid Notice	Government Facilities	2	Eliminates the current requirement that a local government entity post notice of a bid on a building improvement or public works project in five public places (in favor of leveraging the Utah Public Notice Website).
40	HB 0284	Public Library Background Check Requirements	Government Facilities	2	Conditions state funding for public libraries on those libraries conducting background checks on prospective employees; provides state funding for conducting those background checks to counties or cities of the fourth, firth, or sixth classes.
41	HB 0299	Infrastructure Related to Water	Environment + Government Facilities	2	Creates a "boating grant" local governments can use to create boating-related facilities, protect shorelines from the effects of boating, mitigate drought, fund search and rescue, and build infrastructure that reduces boating congestion.
42	HB 0324	Workplace Violence Protective Orders Amendments	Police Operations	2	Requires that county sherrifs provide expedited service for protective orders against workplace violence.
43	HB 0345	Local District Property Tax Amendments	Public Meetings	2	Expands requirements for reports at public meetings regarding contemplated bond issuance (reports must include the property tax impact, property values, spending schedule, other funds available to pay off the bond, maturation date, and more).
44	HB 0349	Water Reuse Projects Amendments	Water	2	Prohibits water-reuse when that water would otherwise flow into the Great Salt Lake; protects water flowing into the lake.
45	HB 0366	Political Disclosures Amendments	Accounting	2	Refines requirements for reporting funds received by government officials.
46	HB 0374	County Sheriff Amendments	Employee Compensation/Retirement	2	Repeals requirement that interlocal police agreements between local governments have certain provisions; protects some employment conditions for officers who transfer to a county department.
47	HB 0376	Cosmetologist Regulation Modifications	Licensing + Land Use	2	Prohibits local governments from requiring business licenses and from regulating locations for uncompensated cosmetology services.
48	HB 0378	Fireworks Amendments	Land Use	2	Makes lighting fireworks legal from 11am-11pm on January 1.
49	HB 0381	State Finance Review Commission Amendments	Bonds	2	Requires state approval for bonds issued to fund "concessionaire contracts" (for building or maintaining, and later operating the facility).
50	HB 0397	Urban Farming Assessment Amendments	Taxes	2	Land that loses coverage by the Farmland Assessment Act isn't subject to the rollback tax if it then qualifies for the Urban Farmland Assessment Act.
51	HB 0408	Mobile Business Licensing Amendments	Local Business	2	Expands the definition of a "mobile business" (from food carts to including other businesses) and puts those mobile businesses under the same regulations as food trucks.
52	HB 0450	Landscaping Requirements	Water	2	Bans private agreements that prohibit owners from using water-wise landscaping or require that more than 50% of the land is covered by plants.
53	HB 0457	State Property Transfer Amendments	Public Property	2	Waives the appraisal requirement when state agencies transfer land to local governments if the property will be used for public purposes and is in the best interest of the title agency.
54	HB 0493	Solid Waste Management Amendments	Government Facilities	2	Amends the definition of solid waste for recycling and other disposal purposes.
55	HB 0499	Homeless Services Amendments	Housing	2	Sets parameters for expanding homeless shelters; If a county doesn't have enough beds for all the homeless, local governments can't enforce camping bans.
56	SB 0017	Voting and Voter Residency Amendments	Elections	2	Clarifies how to determine a person's residence for voting purposes.
57	SB 0037	Municipality Incorporation Amendments	Incorporation	2	• Requires counties to work together to help municipalities incorporate if the proposed land spans multiple counties; • Notes that the process of incorporation begins by filing with the county clerk (not the Lieutenant Gov's office); • Lays out a few additional duties for county clerks, including updating the Lieutenant Gov, holding public hearings, and reviewing requests for inclusion or exclusion from the proposed municipality.
58	SB 0049	Juvenile Custodial Interrogation Amendments	Police Operations	2	Increases the length of time a law enforcement officer can detain a child (from two hours to four or until a parent shows up) and requires that children are read their miranda rights plus a few that are specific to children.
59	SB 0076	Water Amendments	Water + General Plan	2	Requires local governments to consult with the Division of Water Resources and Department of Agriculture and Food when drafting their water use and preservation elements of a general plan, then notify certain parties of the feedback they get; adds requirements for water conservation element of the plan.
60	SB 0081	Property Tax Deferral Revisions	Taxes	2	Reduces the deferred property tax burden on property passed to trusts or spouses of deceased persons and on elderly property owners.
61	SB 0084	Housing and Transit Reinvestment Zone Amendments	Housing	2	• Increases the requirements for housing and transit reinvestment zones; • Provides ways for counties to become compliant with moderate-income housing plans to be eligible for state and federal funding; • Restricts the land a county can own within a housing and transit reinvestment zone.
62	SB 0101	Peace Officer Training Modifications	Police Operations	2	Adds training requirements for peace officers.
63	SB 0108	Animal Shelter Revisions	Animals	2	Adds requirements to animal control officers and animal shelters for euthanizing animals (to be as humane as possible).
64	SB 0113	Local Agricultural Amendments	Animals	2	With the exception of land use regulations and protecting drinking water from pollution, bans local governments from prohibiting animal enterprises and using working animals for expositions, rodeos, other work duties.
65	SB 0117	Domestic Violence Amendments	Police Operations	2	Requires law enforcement officers to conduct lethality assessments when investigating domestic violence.
66	SB 0153	Governor's Office of Economic Opportunity Amendments	Grants	2	Creates grants under the Rural Opportunity Program and the Redevelopment Matching Grant Program.
67	SB 0158	Water Exactions Amendments	Water	2	Specifies the conditions under which local governments can exact culinary water.
68	SB 0175	Rural Transportation Infrastructure Fund	Grants + Roads	2	Provides local governments with additional grants for roads.
69	SB 0185	Transportation Amendments	Public Transportation + Taxes	2	Gives counties more time (until 2026) to impose local sales tax for funding public transportation systems.
70	SB 0199	Local Land Use Amendments	Elections + Land Use	2	Prohibits referring a land use law referendum to voters if passed by two-thirds vote of the local legislative body.
71	SB 0213	Transit District Amendments	Public Transportation	2	Requires local governments within a small public transit district to enact a governing ordinance for the small public transit district and and select a method to appoint representatives.
72	SB 0231	Government Records Access and Management Act Amendments	Public Records	2	• Clarifies that local governments aren't required to create a document indicating that a requested record does not exist; • Requires local governments to conduct a reasonable search for a requested record; • Gives requirements for marking something as "business confidential."
73	SB 0233	Portable Benefit Plan	Employee Compensation/Retirement	2	Authorizes local governments to offer "portable benefit plans" (group coverage) to employees.
74	SB 0251	Secondary Water Metering Requirements	Water	2	Gives metering exceptions to some secondary water providers.
75	SB 271	Home Ownership Requirements	Land Use	2	Prohibits local governments from enacting/enforcing land use regulations that treat co-owned homes differently from other residential units.
76	SB 277	Water Conservation and Augmentation Amendments	Water, Grants	2	Expands water-conservation infrastructure grants for local governments with drainage to the Colorado River.
77	SB 298	Point of the Mountain State Land Authority Amendments	Land Use	2	Specifies that local governments do not have zoning authority with respect to the "point of the mountain" (in Draper) state land.
78	HB 0011	Volunteer Government Workers Amendments	Employee Compensation/Retirement	1	Updates some definitions for who counts as volunteer government workers.
79	HB 0151	Veteran Property Tax Revisions	Taxes	1	Raises disabled veterans' property value threshold for property tax exemption.
80	HB 0162	Voter Accessibility Amendments	Elections	1	Provides additional voting options for disabled persons.
81	HB 0303	Elections Record Amendments	Elections	1	Makes some non-identifying information on voter-registration forms available to political parties.
82	HB 0317	Pretrial Release Modifications	Police Operations	1	Makes slight changes to the job duties of the county jail official and county sheriff regarding bail.
83	HB 0353	Sales Tax Return Requirements	Licensing	1	Prohibits local governments from requiring someone to get a sales and use tax license when otherwise exempt under state law.
84	HB 0371	Working Farm and Ranch Protection Fund	Accounting	1	Imposes some duties on county treasurers concerning the use of funds collected from rollback taxes on land that loses "open land" status.
85	HB 0385	Mentally Ill Offenders Amendments	Lawsuits	1	When individuals plead "guilty with a mental condition" in a state court, requires the county to pay travel expenses and the local government bringing the charges to pay for the examination.
86	SB 0098	Legal Costs Recovery Amendments	Lawsuits	1	Authorizes local government attorneys to recover legal fees from the state for suits against officers or employees of the local government if the claims proceed because of action by the state attorney general.
87	SB 0119	Per Capita Consumptive Use	Water	1	Requires local governments to use per-capita consumptive use for reporting municipal and industrial water use in counties of the first and second class.
88	SB 0136	Legislative Offices Amendments	Public Meetings	1	Requires public bodies to disclose records documenting closed meetings to the state upon request.
89	SB 0250	Public Surveillance Amendments	Police Operations	1	Prohibits local governments (and the state) from using technology to create a public network of surveillance footage or contracting with a private entity to do so.
90	HB 512	Elected Official Education	Elected Officials	1	Creates a statewide elected official sumit (for educational purposes).
91	HB 539	Veteran Property Tax Exemption	Taxes	1	Gives disabled veterans the option to apply for property tax exemptions before they actually purchase a property.
92	HB 0243	Public Transit Employee Collective Bargaining Amendments	Unions	1	Excludes confidential employees, managerial employees, and supervisors of a public transit district from collective bargaining and union rights.
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