According to HB5194 as passed, "No person shall gain access to, or the ability to transmit on, a public safety radio system (i) by changing, or causing to be changed, the hardware, firmware, or software of a radio unit causing it to duplicate the identity of a radio unit operating on the system with proper authority or (ii) by cloning." It would've been nice for them to have defined the "identity of a radio unit operating on the system", but this normally would be the the unique radio ID as assigned by the trunked system admin.
I guess that since a scanner wouldn't have an "identity" on the system they should be OK. It almost makes it sound like that if you happen to program your radio with an identity that isn't the same as one on the system you may not technically be in violation of this section, but I wouldn't want to push that issue since they probably have other laws (state or federal) they can use against you for that one.