Week 6 of the 2018 Utah State Legislative is complete and we now have less than 100 hours until it is over. You can definitely tell that our legislators are busy by the sheer number of bills being heard. As usual it's a challenge to keep up. Also, there was a lot more debate going on in committee. Some of the decisions made me want to celebrate and others--well, it was all I could do to keep listening. There are some good healthcare bills in flight, and some of the dreaded alcohol restrictions are hopefully on the way to being removed. On the other hand, any and all equality bills, including an attempt to raise the minimum wage were killed on arrival in committee. Below I summarize 25 bills that came across my radar this week.

Monday, February 26

Senate Business and Labor Committee

• SB217 Physician Testing Amendments (sponsored by Senator L. Hillyard): This bill prohibits health care facilities, managed care organizations, and the Division of of Occupational and Professional Licensing from requiring that a physician take a cognitive exam at a certain age with regards to employment, privileges, reimbursement, or licensing, unless the test recognizes nationally recognized standards. This prevents these organizations from requiring a physician once they pass 71 from being forced to take a cognitive test annually that many younger physicians would also fail in order to retain their status. The main issue with this bill is that there is currently no national standard for cognitive testing. SB217 is currently in the House Rules Committee. 
• HB258 Women's Cancer Screening Notification Amendments (sponsored by Representative L. Christensen): This bill requires a facility that performs screening or diagnostic mammographies to provide patients who have dense breast tissue with a notification that includes options for additional cancer screening examinations. HB258 has passed both houses and is currently assigned to the House Speaker. 
• SCR14 Concurrent Resolution on the Public Employees' Health Plan (sponsored by Senator D. Hemmert): This bill directs the Public Employees' Benefit and Insurance Program to adopt reference pricing as the preferred method of payment and is currently in the House Health and Services Committee.

House Business and Labor Committee

• HB409 Utah Life and Health Insurance Guaranty Association Amendments (sponsored by Representative J. Dunnigan):This bill's intention is to protect patients when an HMO becomes insolvent by allowing them to become a member of the Utah Life and Health Insurance Guaranty Association. It has been about two years since the non-profit Health Insurance Company Archer's became insolvent, and because it was not a member of the association, there is still about $26M outstanding in unpaid claims. HB409 has been recommended favorably by the Senate Business and Labor Committee, and is waiting to go to the floor of the Senate for Second Reading.
• HB457 Consumer Ticket Protection Amendments (sponsored by Representative B. Wilson): This bill puts in place a requirement for ticket issuers to provide an option to have tickets fully transferable and is currently assigned to the Senate Taxation and Revenue Committee.
• HB456 Alcohol Amendments (sponsored by Representative B. Wilson): This bill clarifies that licensees don't need to prove how long they were in business or an alcohol plan. It also changes crazy sign requirement and clarifies where you can be served a drink in a restaurant. It also allows the airport to have 14 licenses instead of the 10 they have now, and it creates the concept of an Arena License. HB456 is on the House Third Reading Calendar for House Bills.
• HB364 Employment Law Amendments (sponsored by Representative T. Hawkes): This bill clarifies which individuals of an organization are responsible in the event of unpaid wages. It also creates the Service Marketplace Platform Act for customers to connect with building service provider pools via downloadable applications, much like the Uber and Lyft. HB364 is currently on the House Third Reading Calendar for Senate Bills.
• SB100 Consumer Protection Amendments (sponsored by Senator C. Bramble): This bill adds more types of schools that do not have to be registered in the state of Utah and recognizes grace period of schools whose accreditor has lost the authority of accreditation. SB100 is also on the House Third Reading Calendar for Senate Bills.
• HB283 Workplace Protection Amendments (sponsored by Representative R. Edwards): This bill would have extended Title VII discrimination protections to employers that hire between 5 and 15 employees. HB283 failed to be recommended out of committee.
• HB138 Good Landlord Program Amendments (sponsored by Representative S. Eliason): This bill exempts HOAs from disproportionate fees from the Good Landlord Program. HB138 is on the House Third Reading Calendar for House Bills.

Tuesday, February 27

Senate Business and Labor Committee

• SB227 Licensing Standards for Military Spouses (sponsore by Senator T. Weiler):  The intent of this bill is relax licensing provisions for spouses of military personnel. It provides exemptions from occupational and professional licensure in a variety of occupations and professions for: an individual serving in the military if the individual has a valid license in another jurisdiction; and a spouse of an individual serving in the military if the spouse has a valid license in another jurisdiction. SB227 is currently on the Senate Consent Calendar.
• SB229 Chiropractic Physician Scope of Practice Amendments (sponsored by Senator E. Vickers): This bill is an attempt to restore the practices and use of product by chiropractic physicians and is held in committee.

Wenesday, February 28

House Business and Labor Committee

• HB348 Secondhand Merchandise Dealers Amendments (sponsored by Representative R. Edwards):  This bill exempts children's product resale businesses from the reporting and holding period requirements regarding secondhand merchandise dealers and is currently in the Senate Business and Labor Committee.
• HB369 Auto Dealership License Amendment (sponsored by Representative K. Coleman): This is affectionately know as the Tesla Bill, and if it passes you can buy a new Tesla directly from the manufacturer in Utah. It creates a new direct dealership model and is currently on the House Third Reading Calendar for House Bills.

Thursday, March 1

Senate Business and Labor Committee

• HB218 Modifications to Election Law (sponsored by Representativ R. Chavez-Houck): This bill provides that an otherwise eligible voter may register to vote, and vote, by casting a provisional ballot on election day or during the early voting period. HB218 is currently on the Senate Second Reading Calendar.
• SB237 Vision Services Amendments (sponsored by Senator A. Christensen): For a vision plan that a person enters into or renews on or after January 1, 2019, this bill prohibits the vision plan provider from setting a fee for a vision service that is not covered under the vision plan. SB237 is also on the Senate Second Reading Calendar.
• SB236 Alcohol Modifications (sponsored by Senator J. Stevenson): This is the Brewvies Bill, which addresses prohibited attire and conduct on premises or at an event regulated under the Alcoholic Beverage Control Act by changing the language that was declared unconstitutional. SB236 is currently on the Senate Second Reading Calendar.
• HB260 Professional Licensing Revisions (sponsored by Representative R. Ward): This bill modifies access to the controlled substance database for certain law enforcement officers and is currently on the Senate Second Reading Calendar. 
• SB235 Homeless Shelter Funding Amendments (sponsored by Senator G. Davis): This bill creates an application process for certain municipalities with homeless shelters to obtain restricted account funds to employ and equip additional personnel to provide public safety services. SB235 is also on the Senate Second Reading Calendar. 

House Business and Labor Committee

• HB454 Homeowners Association Modifications (sponsored by Representative G. Froerer): This bill cleans up language, clarifies terminology, prohibits commingling of HOA funds with other fund, and helps facilitate real estate transactions. HB454 is currently in the House Rules Committee.
• SB135 Insurance Contracts Amendments (sponsored by Senator L. Fillmore): This bill prohibits the use of discretionary clauses so that both a policy holder and the life or health insurance company enter the court on equal ground in the case of a claim denial. SB135 is on the House Third Reading Calendar for Senate Bills.
• HB117 Hourly Wage Increase Amendments (sponsored by Representative Brian S. King): This bill would have addressed the income inequality gap. It puts in stepped increases for the minimum wage from $7.25 to $10.25 to $12 per hour by 2022. HB117 failed recommendation in committee.
• HB118 Cash Wage Obligation Minimum for Tipped Employees (sponsored by Representative Brian S. King): The tipped minimum wage has been $2.13 for 27 years. 71.5% of tipped employees are women. 17.4% of women who are tipped employees are living in poverty. This bill would have raised the wage to $3.25 per hour. It also failed recommendation in committee.
• HB472 Medicaid Expansion Revisions (sponsored by Representative R. Spendlove): This bill expands Medicaid coverage on a waiver up to 100% of the poverty line. It is based on 90% to 10% federal to state funding. If funding drops below 90%, the act is automatically repealed. It also mandates a work requirement. The bill requires employee to enroll in any offered employer plan, and has an enrollment cap base on state budget, which is expected to occur in 2025. HB472 is currently in the House Rules Committee.

Friday, March 2

Senate Business and Labor Committee

• SB239 Utah Science Technology and Research Initiative Amendments (sponsored by Senator D. Hemmert): This bill repeals provisions that require USTAR to provide ongoing funding for certain researchers at the University of Utah and Utah State University. This move was prompted by an audit a couple of years ago. Since then, the management of USTAR has changed and they have kick-started a number of high-tech companies. HB239 was held in committee after extensive debate from community members that do not want to see USTAR defunded.

I have learned a lot this week, including process, attitudes, and getting ever so slightly more familiar with existing code. It's an interesting experience seeing which tactics work, and which ones don't. Only four more days to go. Pretty soon, rules will start being suspended left and right, and the rush will be on to pass as many bills as possible. This just means we need to be more diligent as many things will try to slip under the radar.

Always in Service,

Sophia

Sophia Hawes-Tingey is the Legislative Liaison for the Utah Gay and Lesbian Chamber of Commerce, the Co-Chair of the Business and Labor Committee of the Women’s State Legislative Council of Utah, a Member of the Board of Directors for the Transgender Inclusion Project and Utah Stonewall Democrats,  the Vice Chair of the Community Council of Midvale, and co-founder of People Empowered, LLC. You can visit Sophia’s webpage at http://www.sophiahawes.com or follow her on Facebook and Twitter.