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Senate revises local licensing language after Moab noise concern; House Bill 146 passes

March 02, 2022 | 2022 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Senate revises local licensing language after Moab noise concern; House Bill 146 passes
The Utah Senate on Day 43 recalled first substitute House Bill 146 and approved an amendment aimed at local licensing and noise ordinances. Senator Bramble moved the change and said the amendment would "insert the term 'unreasonable'" to make clear that political subdivisions may not enact or enforce an unreasonable noise ordinance via business licensing — a correction he said came after consultations with Moab city officials.

Senator Greevy (opponent on the floor) argued states and cities do use business licensing to regulate conduct and protect community quality; Bramble and other proponents said the change preserves Moab's existing ordinance while preventing localities from using licensing to create shadow regulations.

After floor discussion and summation, the Senate passed first substitute House Bill 146 on a roll call, 20 yeas, 4 nays and 5 absent. Sponsors said the amendment is technical and intended to avoid unintended impacts on municipal noise rules while preserving statutory limits on using business licensing to regulate certain activities.

The bill will now be sent back to the House for further consideration. Floor debate focused narrowly on the legal language and the balance between municipal authority and state restrictions on the licensing power; senators noted any disagreement about reasonableness is ultimately a matter for the courts.

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