Bills / H.B. 98
H.B. 98 Residential Notification Amendments
Sponsor: Rep. Fitisemanu, Jake · Floor sponsor: Sen. Vickers, Evan J.
House/ filed · 3/6/2026
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What the bill does
This bill amends provisions related to notice requirements for regulated residential treatment programs.
Full text and history on le.utah.gov →Hearings and debates
- Jan 28, 2026 House floor debate (day 9)▶ Watch
Transcript (29 turns)
- Speaker (presiding)58:40
House Bill 98. Residential Notification Amendments by Representative Fit. This bill was heard in Business and Labor with a vote of 10 33. Thank you Madam Reading Clerk for that Representative. Fitz.
- Rep. Jake Fitisemanu58:52
Thank you very much Mr. Speaker. You know, residential treatment centers support programs, um, some people call them halfway houses or group homes. These are recovery homes that are operating, uh, across the state in all of our communities that serve a really critical, important role in the healing, in the reentry, in the rehabilitation of our fellow community members. The bill before you today supports the successful operation of these residential treatment centers by really building and supporting positive relationships with the neighborhoods where they exist and where they operate. Um, the proposed policy would ask residential treatment centers to provide within 30 days of opening, uh, basically a contact card. All we're asking is for them to be able to share, uh, phone number or email address, uh, and the basic nature of the business to the neighbors within a 300 foot radius. This is your, your neighborly plate of cookies or a contact card, a business card. One of the biggest things behind this is that these facilities are often subject to inappropriate law enforcement records. When a neighbor wants to address, maybe it's, it's a resident of one of these homes, maybe they're vaping out on the street and they don't think it's a good look in front of the kids, or maybe it's a trash can that's going out on the wrong day and not being pulled in. These are actual cases that I'm citing to you. Uh, and when a neighbor does not know who owns and operates that facility, the next best thing is to call the police. Unless they're savvy enough to go to the city and ask for them to pull, you know, the permits or the licensing or something like that. So this really is a plate of cookies. Good neighbor's, bill. I've worked with operators, lots of them in this industry, including some members of my own family who operate these types of facilities, uh, to find language that aligns with their considerations as well. Uh, the Utah Behavioral Healthcare Committee, which is comprised of all the local, um, mental health, uh, jurisdictions and substance use facilities, uh, who run a lot of these facilities is in support of this bill. They think that, um, this is a great way to not be super draconian and not really punitive, but to provide a way to build better relations with the neighbors in the neighborhoods where these essential facilities operate. Thank you. With that, I'm open questions.
- Speaker (presiding)1:01:10
Thank you. Representative Ziman, who discussion to the bill Representative Teuscher.
- Rep. Jordan D. Teuscher1:01:16
Thank you, Mr. Speaker. Will the sponsor yield to a question? Representative? Nu, will you yield to a question?
- Rep. Jake Fitisemanu1:01:20
Certainly, yes. Representative Teuscher.
- Rep. Jordan D. Teuscher1:01:22
Thank you, Mr. Speaker. I'm just wondering this notice that goes out, does that happen before or after the, uh, residential facility has been approved by the, uh, municipality?
- Rep. Jake Fitisemanu1:01:35
Thank you for the question, Mr. Speaker. This does not in any way impede the right or the, uh, prerogative of operators to procure property to obtain the proper licensing, permitting, and all of that vetting beforehand. Um, they're actually able to provide this notice within 30 days of opening, which means they can, they've already gone through that process. They have 30 days after opening to be able to provide that notice. That's correct.
- Rep. Jordan D. Teuscher1:02:01
Mr. Speaker, just one concern that I have here is that if we, uh, are giving notice after everything has been done, the public will receive this notice. And if they have concerns about what's happening, there really is no remedy for them to go back and, and talk to their city leaders because it's already been approved. Um, I, I'm, I'm afraid that it will cause even more angst from the community instead of trying to solve the problem that they're like, well, why are all these people out here congregating that we didn't have before? Now they're gonna get a notice that it's happening. They're gonna call their city council members, and their city councils will say, members will say, oh, I wish you would've told me this six months ago when we were actually considering this, but it's, it's going in, you know that it's happening, but there's nothing you can do about it. And so with that, I I, I just think there could be some more work done on this bill to make sure that it's actually, uh, something that's, uh, effective.
- Speaker (presiding)1:02:54
Thank you, Mr. Speaker. Thank You, Representative Teuscher further discussion to the bill Representative Fiefia.
- Rep. Doug Fiefia1:03:01
Thank you, Mr. Speaker. Uh, I rise with concerns about this bill. Um, I appreciate the good sponsor from West Valley and his work on this, but as I speak to constituents who run these type of facilities, this seems like something that a good neighbor should do and many of them already do, but don't feel like this is the role of government to mandate something like this. Uh, this is something as if I were to throw a party in my neighborhood or invite a bunch of people with a lot of cars, I would go and contact my neighbors and let them know. But this seems like we're mandating something that shouldn't be the role of the government and infringes on the individual business owner's rights. And with that, uh, I yield my time.
- Speaker (presiding)1:03:42
Thank you rep Representative Fitz. Further discussion to the bill Representative Hansen.
- Rep. Leah Hansen1:03:49
Uh, thank you, Mr. Speaker. Um, I rise also with concern, uh, to the bill. My husband, um, is an owner in a residential treatment facility and they have informed neighbors around them from the very beginning, including the city. Um, I believe it's really important to be a good neighbor. I do not believe that, um, government needs to force people to be good neighbors. Thank you.
- Speaker (presiding)1:04:19
Thank you Representative Hansen. Further discussion to the bill Representative Boxier.
- Unknown speaker1:04:23speaker not certain
Thank you, Mr. Speaker. Will the sponsor yield to a question? Representative Pitman, we yield to a question?
- Rep. Jake Fitisemanu1:04:28speaker not certain
Of course, yes. Representative Boxier. Thank
- Unknown speaker1:04:30speaker not certain
You. In my experience, it seems that, um, when there's a lot of unknown activity happening in a neighborhood, quite a few calls may go out to police to investigate. And I'm wondering if neighbors knew what was happening, if this would put less of a strain on our public safety and if this could actually help, um, the neighbors in general to, um, know what's happening and, and not be, you know, worried that something nefarious is going on. It could, it, do you has, you know, was this maybe part of the thinking behind this? Um, I, I'd like to know with maybe some examples if, um, police were feeling like they were having multiple calls on something that maybe wasn't exactly necessary.
- Rep. Jake Fitisemanu1:05:20
Thank you for the question, Mr. Speaker. And yes, I do have multiple, uh, incidents or, uh, examples of where that is the case where a police response was not the appropriate response and this could have been handled in a more, uh, neighborly way as, uh, another of our, uh, great colleagues has mentioned. There are operators that currently already do similar things, either knocking on doors or providing contact cards in those neighborhoods. And in those particular cases, we, they have not, they have had a positive experience with that have not had, you know, pitchforks and mobs coming to them. They've actually been very much appreciated by the neighborhoods. Um, and I would assume also by, uh, law enforcement who are able to then dedicate themselves to what they're really supposed to be doing out on the streets.
- Unknown speaker1:06:06speaker not certain
Okay. Thank you. Will, will the sponsor yield to another question? Yield to a series of questions Representative Tamanu?
- Rep. Jake Fitisemanu1:06:11
Yeah. Happy to. Yes.
- Unknown speaker1:06:12speaker not certain
Um, is the intent behind the bill to notify neighbors so that something can actually be done to stop a legitimate business from moving into an area? Or is it just to inform, um, the current residents of what's happening in their area?
- Rep. Jake Fitisemanu1:06:30
The, the latter for sure. There's nothing here that, uh, would preclude or prevent anyone from operating these lawful and essential facilities in our communities. Uh, all of the steps that are mentioned in the bill, uh, take place after procurement of property, after licensing, after zoning, after permitting. So this is purely asking them to give a contact card with information of who can I call if I have a question about the facility. It has nothing to do with preventing these businesses from operating.
- Unknown speaker1:06:59speaker not certain
Alright, thank you. Um, as a taxpayer, I'm always thinking about how our taxpayers are being or tax money is being spent, and if we can make sure our police and first responders are not responding to things that are unnecessary, I'm all about that. And while it won't interfere with the business of a legitimate business who, um, has already gone through all of the approval process, I am supportive of this bill. Thank you.
- Speaker (presiding)1:07:25
Thank you representative. Er further discussion to the bill. Go with Representative Lisonbee.
- Rep. Karianne Lisonbee1:07:32
Thank you, Mr. Speaker. I rise in support of this important legislation. Uh, we've seen in our community that, uh, there's often misunderstandings when these facilities go into neighborhoods and having a liaison to interact with the public and, um, when there's concerns, having somebody to contact as a member of the public, Mr. Speaker, is so important. So I think this is a you really soft touch bill to make sure that the community members around a facility are notified and I would urge my colleague support. Thank you.
- Speaker (presiding)1:08:11
Thank you, representative Libe. Further discussion to the bill Representative Peck.
- Rep. Nicholeen P. Peck1:08:18
Thank you, Mr. Speaker. Um, this bill I think has a really great intent to it, and I think it's trying to make sure that people aren't afraid in their neighborhoods and that they're having good working relationships with each, with each other. However, from the facilities that I've talked to, this type of a practice is already happening and I don't think it's necessary to codify it. I think there are some legitimate concerns about action that might need to be taken later. And so I think we need to be careful about overstepping that role of government. Even though I, I really recommend that all of the facilities that are already sending out notifications should continue to send out those notifications. And if new ones are coming in, they should do that just as a courtesy, which I think is already occurring.
- Speaker (presiding)1:09:05
Thank you, Representative Peck, back to you, representative Ziman for summation.
- Rep. Jake Fitisemanu1:09:10
I appreciate the questions, the critiques. I appreciate the discussion. Um, this is a good bill, as everyone likes to say. Some are saying it's the best bill, but, um, I yield
- Speaker (presiding)1:09:27
Thank you. Is that it? Does that complete your presentation? Okay. With that representative voting will now be open on eight President having voted voting is now closed. HB 98 passes this body with 39 yes votes and 33 no votes will be sent to the Senate for its consideration.
- Feb 3, 2026 Senate Business and Labor Committee▶ Watch
Transcript (21 turns)
- Committee chair1:50:53
Next item on the agenda. Hospital, 98 Residential notification amendments. Representative Fati, uh, please come forward there.
- Rep. Jake Fitisemanu1:51:03
Thank you very much. Good afternoon. Um, I've been talking a lot about utilities and, uh, homes. I want you to think about the last time you had to move your family somewhere and what a terrible experience that was. Nobody likes moving, but you know, what is fun when you move into a new neighborhood is when the next door neighbors pop up with a plate of cookies or brownies or something yummy to eat. The bill that I'm introducing to you today is a plate of cookies. Bill, this, um, house Bill 98, um, deals with residential treatment centers, um, what some people may call halfway homes or group homes that are operating in communities across the state and that are actually providing a very crucial, uh, service to, uh, our community members, our neighbors representative. Let me, I just realized too, that we have a sub online. Yes. I'm, thank you. And so I'm speaking to that. So when you speak to that sub, and then we'll take a motion to move it. Phenomenal. Thank you. I will go ahead and speak to that sub. It's only nine words different from, uh, the original. Uh, and I'll get into that as well to help you understand. Um, but you know, when folks are reentering, rehabilitating, um, these facilities really are crucial and they play a great role in society. Uh, the bill before you today supports the successful operation of these kinds of facilities and organizations within our communities by building better, by building good relationships with the neighborhoods, uh, where they operate. And so the proposed policy would ask residential treatment centers to simply provide basic contact information to their neighbors within a 300 foot radius. Um, that, you know, provides a phone number, an email address for folks to reach out. Uh, it's is interesting that there are three, uh, communities, or three parties, I guess you could say, who came together to build this bill. Uh, one of them are neighbors. Um, we can't block these facilities. This bill has no ability and does not even attempt to, um, to deter any of these businesses. Uh, there's nothing here that would interfere with procurement of property, with licensing, with permitting or anything like that. And so, um, but when you have a situation where people may have questions or concerns about a treatment facility in their neighborhood, uh, when you go and talk to one of the residents, they likely don't know who's operating the facility. They're just court ordered to be there. When you try to maybe even pull a permit with the city, it could be an LLC based, maybe even in another state. And so what do you do next? You call the police. And that's exactly what happens. And so, neighborhood watch groups, neighborhood associations, and others who have raised this concern said that's not appropriate. They don't want to be calling the police on their neighbors, especially if it's something like, Hey, you're leaving the garbage cans out on the wrong day. That's not an appropriate use of our law enforcement. And so that's one angle for this. The other is I've worked really extensively with operators in this field. In fact, um, the, uh, Utah Behavioral Healthcare Committee, which is comprised of all the local, uh, substance use, uh, agencies, as well as, uh, mental health authorities, uh, they support this bill, uh, in that their operators who run a lot of these facilities in our communities, they also don't want those strikes, uh, from law enforcement showing up. Um, and fortunately, there are some facilities and companies that actually already do something similar. Uh, I heard from one individual who said that their company actually knocks on doors when they start a new facility just to let folks know, Hey, this is who we are in the neighborhood. Here's my email address. If anything comes up, please let me know. And so that's really what this is for. Um, again, uh, this isn't meant to interfere in any way with the ability for any group home operators to procure property, uh, to apply for the appropriate licensing or do any of those municipal processes, uh, for them to be able to launch and run their businesses. Uh, but it does allow a really important communication channel that can avoid unnecessary and inappropriate calls for law enforcement. And with that, I'm open to questions. Thank
- Committee chair1:55:08
You. Come back to the committee. Uh, Senator Pitcher.
- Sen. Kirk A. Cullimore1:55:14
I, Senator Cullimore. Sorry. Yeah, I pressed my light to move the sub, but then I realized that he was talking about cookies, but Doc didn't actually bring any cookies, so, but I'll, That would be a penalty for that, hadn't there? I also go ahead and move to, uh, delete house Bill 98 and Title and Body and replace it with first substitute House bill 98.
- Committee chair1:55:31
That motion's order. Any discussion of that motion representative? Any further discussion on the motion?
- Rep. Jake Fitisemanu1:55:38
Only the clarification that this does add protection, uh, for protected communities. So you'll notice that this is not a requirement for congregate care, which are facilities that take care of youth, uh, folks under 18, as well as, uh, shelters or domestic violence centers that are protecting, uh, women and families and children, uh, in those very vulnerable, uh, times of their lives. Thank
- Committee chair1:56:00
You. Uh, Senator Weiler? Aye. I'll waive place the motion. All in favor, say aye. Aye. Any opposed? Nay. We'll rule that pass unanimous. Six to zero. So the bill is substituted. Now, back to the committee for any further clarifications or questions on the substituted bill.
- Committee chair1:56:17
Seeing now, is there anyone the public would like testify on this? Anyone online? Okay. We'll come back to the committee for further deliberation or action. Senator Weiler?
- Sen. Todd Weiler1:56:29
You know, I, I think that these residential, um, treatment facilities, I, I think that these are important, but I also think they do impact the neighborhood. I've been on a city council and I've been assigned to a planning commission. I think that the, the least we can do is make sure the neighbors know. Some of them will object, some of them won't, but I, I, I don't think it's, I don't think it's fair to stick this in the neighborhood and not tell anybody. So I'm gonna be, I'll move that. We favorably recommend first substitute house bill 98 to the floor of the Senate.
- Committee chair1:56:56
Okay. We have a motion before us to February recommend HB 98 for substitute. Yeah, you bet. Senator Musselman question.
- Sen. Calvin R. Musselman1:57:04
So I, I generally, I agree with what you're doing here, and I think, uh, good, uh, Senator, that, that motion to approve this is, I'm, I'm probably on board there, but this is a, potentially a, a protected class of people that would be at these group homes, potentially. Is there any issues that we have on that would bump out against, with this notification with any kind of federal law? I mean, They, you're, if I could, they are protected under federal law. Absolutely. So With the notification in and of itself, would that be an issue with the, that they being protected class? That's what I'm trying to figure out.
- Rep. Jake Fitisemanu1:57:39
I don't know if there is or isn't. It's a good question. And it's one that we've asked early on from drafting the bill. Okay. And from all the information we have, uh, including from the municipal side as was mentioned earlier, uh, as well as from these operators, uh, that is not the case. Okay.
- Sen. Calvin R. Musselman1:57:53
Alright. Thank you.
- Committee chair1:57:57
Further discussion to the motion. Seeing none representative, you want any summation?
- Rep. Jake Fitisemanu1:58:03
I think we've had a great discussion and I appreciate the critiques and, uh, that's my presentation. Thank you. Okay.
- Committee chair1:58:08
Senator Weiler? Yeah,
- Sen. Todd Weiler1:58:09
Just as to further answer the good senator's question, I, I, I think if a city denied, um, approval solely on the basis is that we don't want these people in our community, they would probably just be buying themselves a losing lawsuit. But I still think the residents deserve to know. And I think, you know, maybe they wanna list their house for sale if they feel that strongly about it, but I, I still think notice is the appropriate thing to do. So, uh, that's my summation.
- Committee chair1:58:31
Okay. Thank you. Okay. We'll place the motion. All, all those in favor of favor of recommending, uh, house Bill 98 for substitute. Please say aye. Aye. Aye. Any opposed? Say nay. Roulette passes. Uh, what are we at? Seven to zero.
- Committee chair1:58:45
Thank you. Thank you, representative. Thank you.
- Rep. Jake Fitisemanu1:58:48speaker not certain
I'll have a plate of cookies for y'all later. Okay.
- Committee chair1:58:51
They better be warm. Okay. Okay. Um, move to the next item.
- Feb 5, 2026 Senate floor debate (day 17)▶ Watch
Transcript (12 turns)
- Sen. Vickers25:03
President. Um, I guess you could call this a good neighbor Bill. We have residential treatment homes in communities, uh, and, and a practice of many of them is to, you know, to notify their neighbors within 300 feet that they will be opening up and being in, in business. This simply, uh, puts it in code that if one of these facilities is going in, that they do notify those neighbors within that 300 foot radius within 30 days before or after a new home opens. Uh, the law enforcement has, partners have been reporting that neighbors often call 9 1 1 for issues this way and just be giving an indication that those are going to open, that property owner, uh, uh, can then take action if they need to or whatever that may be. Uh, so with that, I'm open for questions.
- Senate presiding officer25:55
Thank you. Senator Fillmore to the bill. Thank you
- Sen. Fillmore25:59
Mr. President. A question for the sponsor.
- Sen. Vickers26:01
Uh, Senator Vickers, will you yield? Yes.
- Sen. Fillmore26:04
Senator Fillmore, uh, This notification, it happens, uh, before a senator might open, but after a center is already approved and built and it's, is that correct Senator vs?
- Sen. Vickers26:16
Yes. Uh, the approval process will go through and, uh, you know, and I, and I've worked in this space somewhat in, in southern Utah. We have actually, in my county, we have a lot of, uh, different types of, of treatment centers and, uh, troubled youth homes and those types of things. And one thing that I've found in, in a lot of it, not specifically in residential treatment facilities, and so this is maybe a soapbox moment, but, uh, a lot of these facilities we don't have a lot of local control over and what's going on with them that's, it's basically regulated on a state level and, and there's not a lot that the local entities can do. Um, you know, as I look at this bill, I see that, you know, happening, but that I just want to make sure if, if nothing else, I wanna make sure that those residents that are around this program are aware that they're going in.
- Senate presiding officer27:10
Thank you. Senator Fillmore. That's sufficient. Thank you. Thank you. Senator Vickers. I don't see further comments. Any summation and a motion?
- Sen. Vickers27:18
Thank you Mr. President. I'd wave further summation to move that first substitute house bill in 98. Be read a third time.
- Senate presiding officer27:23
Thank you. The question is, shall first substitute house bill 98? Be read a third time roll call vote.
- Senate clerk27:28
Senator Vickers Baldy Lewin Bramer Bus Comore. Ms. Camilla Fillmore. Grover Harper Kins Aye. Ipson Aye. Johnson Juab. Hi, Berry McKay. Mikel Milner Musselman Owens Pitcher Lum Rebi Sandal Stevenson Stratton Pickers. Aye. Er Wilson. I on two Winterton.
- Senate President Adams (presiding)28:38
President Adams Aye. On two first subject, house bill 98. Having received 17 yay votes seven nay votes. Five being absent. Shall be read a third time. Senator Hinkins, do you want to encircle?
- Senate President Adams (presiding)29:05
All in favor say aye. Aye. Aye. Any opposed? Will let motion passes. Senator Hinkins to the bill.
- Feb 6, 2026 Senate floor debate (day 18)▶ Watch
Transcript (5 turns)
- Rep. Jake Fitisemanu5:19
Thank Mr. President, uh, discussed the bill yesterday. This is the one that when you have a residential treatments home that's in an area that you're requiring them to notify the residents within a 300 foot radius within 30 days, um, before or after a new home opens. Um, it's simply a courtesy thing. Uh, it many of them do this in current practice. As you, as you look at the challenges with some of these, these types of facilities is there really isn't a lot of local control on it and because of some better requirements on the licensing and other things. So this is just simply a, as we're thinking that we'd like to put this, that, that all of those homes do that courtesy with the, those residents around them without all for questions. Thank you for the presentation.
- Senate President (presiding)6:10
Senator, I don't seek questions. I'm gonna go to you for action.
- Sen. Evan J. Vickers6:13
Thank you. I, uh, I would wa summation and move the first substitute house bill 98 pass.
- Senate President (presiding)6:18
The question is, shall first substitute house bill? 98 pass roll co vote. Senator Spery Lein Brammer Palmore has Camia Fillmore Grover Harper Kins Ipson aye. Johnson Juab McKay Mikel Milner Musselman Milner Owens pitcher Plum Rebe Sandal Stevenson Stratton Vicar A Weiler Wilson Winterton, president Adams First substitute house Bill 98 having received 23 a votes five nay votes, one being absent, passes this body and will be returned to the house for further consideration.
- Senate President (presiding)8:04
House concurrent resolution, one House concurrent resolution, one house concurrent resolution regarding advanced nuclear manufacturing. Senator Hinkins.
- Feb 10, 2026 House floor debate (day 22)▶ Watch
Transcript (9 turns)
- Unknown speaker21:36speaker not certain
for the signature of the president. Madam Reading Clerk First substitute House bill 98 Residential notification amendments by Representative Fitz.
- Speaker (presiding)21:45
Representative Fitz.
- Rep. Jake Fitisemanu21:47
Thank you Mr. Speaker motions to concur.
- Speaker (presiding)21:49
That motion is an order we'd like to speak to. Sure.
- Rep. Jake Fitisemanu21:52
This motion wa this amendment was a friendly amendment we made over in the Senate. Cons, constituting a whole of nine words that we added just to clarify that this, uh, does not include, uh, domestic violence shelters.
- Speaker (presiding)22:05
Thank you, representative Fitz Manu, uh, discussion to the motion to concur with the Senate amendments on first substitute HB 98. See none back to your representative, Fitz for summation, yield summation has been waived. We'll go ahead and, uh, place the motion. The motion before the House adopt, uh, the Senate amendments on first substitute HB 98. All in favor say aye. Aye. Any opposed? Rule that motion passes. The bill is now open for final passage or final. Yeah. Voting is now open for final passage on first substitute HB 98. Seeing all present, having voted voting is now closed. First substitute HB 98 fails to pass this body with 29, uh, 29 yes votes, 40 no votes and will be sent to, uh, staff for filing. Madam Reading Clerk. Oh, is that it? Uh, let's go. Okay. Representatives, uh, that will conclude our business.
- Speaker (presiding)24:23
Uh, Representative Dunnigan.
- Rep. Dunnigan24:25
Thank you Mr. Speaker, I move to UNC Ccle, HDR three. First sub.
- Speaker (presiding)24:30
Thank you representative. That motion is an order. Would you like to speak or We'll go ahead and place the motion. Uh, the motion before is the House Enc Circle. Third.
All votes
- 10-3-3House Business, Labor, and Commerce Committee · House Comm - Favorable Recommendation · Jan 22, 2026Roll call
- 39-33-3House floor · House/ passed 3rd reading · Jan 28, 2026Roll call
- 7-0-1Senate Business and Labor Committee · Senate Comm - Substitute Recommendation · Feb 3, 2026Roll call
- 7-0-1Senate Business and Labor Committee · Senate Comm - Favorable Recommendation · Feb 3, 2026Roll call
- 17-7-5Senate floor · Senate/ passed 2nd reading · Feb 5, 2026Roll call
- 23-5-1Senate floor · Senate/ passed 3rd reading · Feb 6, 2026Roll call
- 29-40-6House floor · House/ failed · Feb 10, 2026Roll call
Tallies are yeas–nays–absent.