Feb 27

2010 General Session Highlights – Week Five

2010 at 8:36 am  |  posted by Rep. Craig Frank 0 comments

Utah State Legislature Highlights for February 22nd – 26th

composed by the Media Relations Coordinator for the House GOP

This week, House Republicans reached an agreement on balancing next year’s budget proposal without a tax hike or making education cuts knowing that they will have to make cuts in other areas.  Rep. Greg Hughes made the motion in the open House caucus on Tuesday to adopt the $11.5 billion budget for 2010-2011 without any tax or fee hikes. 

As for ethics reform, on Monday, amendments were made to the House ethics bills in the Senate committee and on Tuesday, three bills cleared the Senate with unanimous approval and now head to the House for their consideration.  The main bill SJR3 would set the structure and rules for a new independent ethics commission that would screen complaints against lawmakers to determine if allegations have merit.  Speaker of the House David Clark who supports the commission says, “We’re going to ask for the support of the people in granting a constitutional amendment that enshrine this in a much greater standpoint so that future legislators will serve with the opportunity of having an ethics commission with the ability to act independently.”

Also getting attention this week, a joint resolution that passed the house urging the Governor to withdraw Utah from the Western Climate Initiative, a bill offering approval for colleges and universities to authorize charter schools passed the house floor and HB 143, Eminent Domain Authority passed the house which would authorize the state to exercise eminent domain on property possessed by the federal government.

 

These are all bills that passed the House this week with the help of the majority. (Note: Ctrl+Clicking on the title of a bill, which is in blue, will take you to the full version.) 

This bill prohibits county or a governmental instrumentality of a county from performing an action, providing a service, exercising a power, or performing a function in another county or a municipality within the other county without first entering into an agreement with the other county.

This bill modifies the Uniform Athlete Agents Act related to the board and licensure.

  • S.B. 126 – Subdivision Amendments – Feb. 22nd 2010 – 71/0 votes – Sponsored by Sen. J. Stuart Adams, Rep. Michael T. Morley (R-Spanish Fork)

This bill, for a municipality or a county, amends provisions relating to vacating, altering, or amending a subdivision plat.

This joint resolution recognizes authentic charity care and urges community, citizen, and medical community support of authentic charity care throughout the state.

This bill amends provisions of the Mental Health Professional Practice Act.

This bill amends provisions of the Cigarette and Tobacco Tax and Licensing Act relating to “moist snuff.”

This bill modifies the Motor Vehicle Act by amending provisions relating to license plates. 

This bill modifies statutory requirements to publish or post notice to the Utah Public Notice Website to provide a temporary exemption for H. specified .H public bodies with an annual budget of less than $1,000,000.

This bill modifies a provision relating to a property tax exemption for disabled veterans and their families.

This bill amends municipal land use provisions relating to nonconforming uses and noncomplying structures.

This bill addresses public recreational activities on public waters over private beds.

This bill addresses public use of public waters on public and private property.

This bill provides that when an offender is sentenced to server time in a county jail, as a condition of felony probation, the jail provisions shall be arranged for by contract between the Department of Corrections and the county jail.

This bill modifies provisions of the Disclosure of Methamphetamine Contaminated Property Act.

This bill modifies the Cohabitant Abuse Procedures Act regarding procedures, records, and protective orders and no contact agreements.

This concurrent resolution urges the United States Congress to amend federal law to ensure that consumers have the right to access their Fair Isaac Corporation credit scores from the nation’s three major credit agencies annually at no cost.

This bill addresses management plans for water conveyance facilities.

This bill modifies the Insurance Code by amending provisions relating to notice requirements for motor vehicle insurance carriers.

This bill modifies the Bail Bond Recovery Act regarding use of badges by licensees.

This concurrent resolution designates April 2010 as Utah Printing and Graphic Arts Recognition Month.

This concurrent resolution urges the United States Government and the Secretary of the Interior to provide continued financial assistance to defray the costs of administration and basic community services for residents of Dutch John, Utah.

  • 1S.H.B. 311 – Autism Treatment Fund – Feb. 24th 2010 – 69/0 votes – Sponsored by Rep. Rebecca D. Lockhart (R-Provo)

This bill a creates restricted account within the General Fund to be administered by the Department of Health for the receipt and expenditure of certain gifts, donations, and appropriations to be used for providing services relating to autism.

  • 4S.S.B. 22 – Notary Public Amendments – Feb. 24th 2010 – 68/1 votes – Sponsored by Sen. Peter C. Knudson, Rep. Fred R. Hunsaker (R-Logan)

This bill modifies the Notaries Public Reform Act.

  • S.B. 20 – Local District Amendments – Feb. 24th 2010 – 66/0 votes – Sponsored by Sen. Dennis E. Stowell, Rep. Don L. Ipson (R-St.George)

This bill allows the creation of a local district to develop and execute a groundwater management plan in cooperation with the state engineer.

  • S.B. 76 – Trust Deed Amendments – Feb. 24th 2010 – 66/0 votes – Sponsored by Sen. John L. Valentine, Rep. Lorie D. Fowlke (R-Orem)

This bill modifies a provision relating to a statement provided by a trustee under a trust deed.

  • S.B. 85 – Utah Construction Trade Licensing – Feb. 24th 2010 – 68/2 votes – Sponsored by Sen. Scott K. Jenkins, Rep. Rebecca P. Edwards (R-North Salt Lake)

This bill modifies provisions of the Utah Construction Trade Licensing Act relating to plumbers and electricians.

This bill modifies the Criminal Code regarding expenses for transportation of defendants.

This concurrent resolution reaffirms the support of the government of Taiwan and urges the Obama Administration to support Taiwan’s meaningful participation in United Nations specialized agencies, programs, and conventions.

This bill amends the drug prior approval program within the state’s Medicaid program.

This bill modifies the Traffic Code by amending provisions relating to vehicle immobilization devices.

This joint resolution urges the Governor to withdraw Utah from the Western Climate Initiative.

  • H.B. 227 – Licensing Eligibility – Feb. 24th 2010 – 38/36 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

This bill requires applicants for various licenses to provide the licensing authority with documentation of their lawful presence in the United States.

This bill expands a revolving loan fund known as the Energy Efficiency Fund to include political subdivisions.

This resolution modifies procedures governing legislative review notes.

  • H.B. 310 – Spending Limits Amendments – Feb. 25th 2010 – 74/0 votes – Sponsored by Rep. Ron Bigelow (R-West Valley City)

This bill modifies the list of monies considered “appropriations” that are used in the formula that determines the state appropriations limit for each fiscal year.

This bill amends the Municipal Energy Sales and Use Tax Act and the Sales and Use Tax Act to address definitions.

This bill modifies the Traffic Code by amending provisions relating to reduced speed school zones.

This bill modifies provisions of the Criminal Code regarding elements of specified criminal offenses and regarding the dollar value of damage used to determine levels of criminal offenses.

This joint resolution strongly urges Congress and the President to refrain from exercising authority related to the individual states beyond that granted by the states in the Constitution of the United States and declares the state’s sovereignty under the Tenth Amendment to the Constitution.

This bill modifies the Public Safety Code relating to peace officer certification and the procedures and grounds for the denial, relinquishment, or revocation of certification.

This joint resolution supports the expansion of correctional facilities in Kane County through a contract with the Utah Department of Corrections.

This bill requires a municipal or a county land use authority to notify a canal company or canal operator of a land use application to develop within 100 feet of a canal.

  • 1S.H.B. 265 – Real Property Amendments – Feb. 25th 2010 – 65/5 votes – Sponsored by Rep. Gage Froerer (R-Huntsville)

This bill requires a county assessor to consider certain factors in determining the fair market value of a golf course or hunting club.

This bill amends provisions relating to residential facilities for elderly persons.

This bill modifies the Code of Criminal Procedure regarding the use of administrative subpoenas in the investigation of criminal activity.

  • H.B. 348 – Sheriffs Fees – Feb. 25th 2010 – 60/13 votes – Richard A. Greenwood (R-Roy)

This bill authorizes the legislative body of a county to set a fee charged by the county sheriff.

This bill authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property is owned by the federal government in accordance with the United States Constitution Article I, Section 8, Clause 17.

  • 2S.H.B. 388 – Mobile Home Revisions – Feb. 25th 2010 – 69/0 votes – Sponsored by Rep. James A. Dunnigan (R-Taylorsville)

This bill modifies a provision of the Mobile Home Park Residency Act, pertaining to rights of residents and other issues.

This bill creates a civil action for damages for an identity theft victim against a perpetrator.

This joint resolution urges the state and local governments to work together to combat and reduce gang activity.

  • H.B. 21 – Expungement Revisions – Feb. 26th 2010 – 72/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

This bill creates a new chapter known as the Utah Expungement Act.

  • 3S.H.B. 78 – Weapons Revisions – Feb. 26th 2010 – 70/1 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

This bill modifies weapons provisions of the Utah Criminal Code on carrying, displaying, and using a dangerous weapon.

This bill modifies the Motor Vehicles Code by amending provisions relating to wearing protective headgear while operating a motorcycle, motor-driven cycle, or off-highway vehicle.

This bill modifies provisions of the Concealed Weapon Act and related provisions dealing with the issuance, denial, and revocation of a concealed firearm permit.

This bill modifies the Utah State Retirement and Insurance Benefit Act by amending provisions related to a retiree who returns to work for a participating employer, and the restriction on the maximum retirement allowance certain employees can accrue.

This bill modifies the Utah State Retirement and Insurance Benefit Act to provide for modified retirement benefits for new public employees and new public safety and firefighter employees.

This bill amends the Disaster Recovery Funding Act, the Disaster Response and Recovery Act, and related provisions to address the expenditure of monies relating to a declared disaster, the governor’s powers during a state of emergency, and related reporting requirements to the Legislative Management Committee or the Executive Appropriations Committee.

  • 1S.H.B. 324 – Public Lands Litigation – Feb. 26th 2010 – 56/16 votes – Sponsored by Rep. Kenneth W. Sumsion (R-American Fork)

This bill directs the attorney general to file certain eminent domain actions.

This bill amends provisions of the Military Installation Development Authority Act.

Feb 22

Patrick Henry Caucus Promotional Video

2010 at 5:57 pm  |  posted by Rep. Craig Frank 2 comments

Feb 20

2010 General Session Highlights – Week 4

2010 at 12:35 am  |  posted by Rep. Craig Frank 1 comment

Utah State Legislature Highlights for February 16th – 19th

composed by the Media Relations Coordinator for the House GOP

This week the Utah House of Representatives passed Speaker David Clark’s health care reform bill.  The Health System Reform Amendments would impose several requirements on insurance companies that participate in the Utah Health Exchange, an online insurance market.  In regards to the bill Speaker Clark said, “We’re asking to give individuals more responsibilities, to give them the tools to be more informed decision makers when it comes to their own personal health care options.” The Health System Reform Amendments now moves to the Senate.

Also happening this week, Legislators were given final budget figures with state revenues estimated to be an additional $50 million short in the next fiscal year.  House Budget Chairman Ron Bigelow says the budget gap for next year now stands at $700 million and that revenue estimates could have been worse and that this means Utah has seen the worst of it.

A modest proposal to the federal government: Let Utah do it, written by Senate President Michael G. Waddoups and House Speaker David Clark published in The Washington Post this week, discusses “a modest experiment” concerning the expansion of the federal government over the years.  Their proposed idea is to allow states to dominate those most important programs that are being heavily funded by the federal government; issues concerning education, Medicaid, and others. http://www.washingtonpost.com/wpdyn/content/article/2010/02/18/AR2010021803978.html

To get an in-depth look at what Rep. Brad Dee, the majority whip in the Utah State House of Representatives, thinks about ways Utah can be fiscally conservative read his opinion piece titled, Lessons learned. It appeared in the Standard Examiner this week. http://www.standard.net/topics/opinion/2010/02/13/lessons-learned

Up next week, a package of ethics bills already passed by the Utah House will be making their way through the Senate Ethics Committee Monday. 

 

These are all bills that passed the House this week with the help of the majority. (Note: Clicking on the title of a bill, which is in blue, will take you to the full version.) 

  • H.B. 184 – Medicaid Autism Waiver – Feb. 16th 2010 – 70/0 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

This bill pertains to the administration of the state’s Medicaid program, concerning autism.

This bill removes the established sunset date of the Dietician Certification Act.

This bill allows land subject to a forest stewardship plan to be assessed on the basis of the value that the land has for agricultural use if the land otherwise qualifies to be assessed on that basis.

This Joint Resolution recognizes the 75th anniversary of the Utah Highway Patrol.

This concurrent resolution urges Congress to refuse to pass any health care legislation that contains certain provisions, to pass health care legislation with specific provisions, and to grandfather certain state laws, regulations, and practices.

This bill amends provisions related to administrative simplification of the coordination of health insurance benefits as provided in divorce decrees, child support orders, and the Insurance Code.

This bill amends provisions related to the use of uniform electronic standards for health insurance claims processing, insurance eligibility, and coordination of benefits.

This bill amends provisions related to health system reform for the insurance market, health care providers, the Health Code, and the Office of Consumer Health Services.

This concurrent resolution recognizes the 100th anniversary of McKay-Dee Hospital and the tremendous contribution the hospital, and those who have guided it through the years, have made to the citizens of the state of Utah.

This bill amends provisions of the Mental Health Professional Practice Act.

  • S.B. 53 – Voter Challenge Revisions – Feb. 17th 2010 – 73/0 votes – Sponsored by Sen. Peter C. Knudson, Rep. Craig A. Frank (R-Cedar Hills)

This bill modifies provisions in the Election Code relating to the procedures for challenging a person’s eligibility to vote.

This bill amends the Individual Income Tax Act to modify the definition of resident individual.

This bill modifies economic development provisions of Title 63M, Chapter 1, the Governor’s Office of Economic Development, related to the Industrial Assistance Fund.

  • S.J.R. 9 – Joint Resolution Approving Compensation of In-Session Employees – Feb. 17th 2010 – 71/0 votes – Sponsored by Sen. Scott K. Jenkins, Rep. Kevin S. Garn (R-Layton)

This resolution fixes the compensation for legislative in-session employees for 2010.

  • 3S.S.B. 22 – Notary Public Amendments – Feb. 17th 2010 – 69/2 votes – Sponsored by Sen. Peter C. Knudson, Rep. Fred R. Hunsaker (R-Logan)

This bill modifies the Notaries Public Reform Act, pertaining to persons licensed to practice law performing a notarial act.

This bill amends provisions of the Utah Human Services Code relating to the collection of child support for a child who is in state custody.

This bill modifies the Motor Vehicle Safety Belt Usage Act by amending provisions relating to child restraint device requirements.

This bill modifies the Motor Vehicles Code by amending provisions relating to leaving the scene of a motor vehicle traffic accident.

This bill elevates to a third degree felony a third violation of the crime of wanton destruction of protected wildlife.

  • 1S.H.B. 114 – Education Institutions – Feb. 17th 2010 – 56/16 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

This bill requires a higher education institution to disclose to the Board of Regents certain gifts received from a foreign person and provides the method of disclosure.

This bill amends provisions of the Hunting Guides and Outfitters Licensing Act.

This bill modifies the Financial Responsibility of Motor Vehicle Owners and Operators Act by amending provisions relating to evidence of insurance requirements.

This joint resolution encourages the United States Department of Veterans Affairs to prioritize Utah for the construction of an additional veterans’ nursing home.

This bill permits employees of the Department of Health to have access to information in the controlled substance database in relation to a person whom the Department of Health suspects may be improperly obtaining or providing a controlled substance.

This bill modifies the Utah Health Code related to efforts to inform people of the effects of consuming alcohol during pregnancy.

This resolution designates April 26 – May 2 as Autism, Disabilities, and Faith Week.

This bill amends the Sales and Use Tax Act to address local option sales and use taxes for transportation.

This bill modifies requirements regarding notice of a public hearing on a proposed school district budget and public disclosure of a proposed school district budget.

This bill modifies the Off-Highway Vehicles Code by amending provisions relating to off-highway vehicle equipment requirements.

  • S.B. 104 – Renewable Energy Modifications – Feb. 18th 2010 – 71/0 votes – Sponsored by Sen. Stephen H. Urquhart, Rep. Don L. Ipson (R-St. George)

This bill includes certain compressed air energy storage technology as a renewable energy source.

  • S.B. 122 – Eminent Domain Revisions – Feb. 18th 2010 – 64/6 votes  (Reconsideration: 68/4 votes) – Sponsored by Sen. J. Stuart Adams, Rep. Michael T. Morley (R-Spanish Fork)

This bill amends provisions relating to the right to exercise eminent domain.

This bill allows all employees of the office responsible for the issuance of marriage licenses to be deputized to solemnize marriages.

This bill modifies relating to county recorders.

  • 2S.H.B. 259 – Property Tax Amendments – Feb. 18th 2010 – 66/5 votes – Sponsored by Rep. Wayne A. Harper (R-West Jordan)

This bill modifies provisions relating to property tax.

This bill modifies provisions relating to the state construction registry, concerning such things as the filing of a notice of commencement, who is required to file a preliminary notice, and so on.

  • 2S.S.B. 114 – Motor Vehicle Accident Reports – Feb. 18th 2010 – 68/0 votes – Sponsored by Sen. Dennis E. Stowell, Rep. Rebecca D. Lockhart (R-Provo)

This bill modifies the Traffic Code by amending provisions relating to motor vehicle accident reports.

This bill establishes a process for simplified renewal of benefits under the Children’s Health Insurance Plan.

This bill created the Utah Uniform Collaborative Law Act.

This bill removes simple kidnapping from the list of offenses for the registry.

This bill amends Title 19, Chapter 6, Part 4, Underground Storage Tank Act, increasing coverage limits and maximum loan amounts for Petroleum Storage Tank Trust and Loan Fund.

This bill amends the definition of “practice of veterinary medicine, surgery, and dentistry.”

This bill authorizes a political subdivision to enter into an energy savings agreement.

This bill prohibits a legislative body from delegating to an administrative control board of a special service district the power to establish or increase a fee.

This bill modifies provisions of Title 36, Chapter 26, of the Utah International Trade Commission.

This bill amends provisions relating to minor adjustments to county boundaries.

This bill modifies the Utah Fire Prevention and Safety Act and Utah Uniform Building Standards Act to address the process for adopting and modifying a state construction code or state fire code.

  • 1S.H.B. 227 – Licensing Eligibility – Feb. 18th 2010 – 32/40 FAILED – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

This bill requires applicants for various licenses to provide the licensing authority with documentation of their lawful presence in the United States.

This bill modifies provisions related to the Division of Real Estates’ regulation of the appraisal, mortgage, and real estate industries.

This bill limits the scope of services the county is responsible for when counsel is appointed for an indigent in juvenile court to the proceedings for which counsel is appointed.

This bill modifies fees charged for services provided by the Bureau of Criminal Identification.

This bill modifies the uniform Driver License Act by amending provisions relating to the federal REAL ID Act of 2005.

  • S.B. 125 – Intangible Property Amendments – Feb. 19th 2010 – 68/0 votes – Sponsored by Sen. Curtis S. Bramble, Rep. Kevin S. Garn (R-Layton)

This bill expands the definition of intangible property for property tax purposes to include renewable energy tax credits and incentives.

This bill modifies the Budgetary Procedures Act to reorganize the list of nonlapsing funds.

This bill amends provisions related to the requirement that contractors with certain state entities must provide qualified health insurance to their employees and the dependents of the employees who work or reside in the state.

This bill modifies the Insurance Code and related provisions to make various amendments.

This bill amends provisions of the Assessment Area Act.

This bill places restrictions on the provisions, obtaining, and possession of electronic cigarettes.

This bill amends provisions in the Property Tax Act related to the imposition and payment of delinquent taxes.

This bill amends the definitions applicable to the sex offender registry provisions to include in the definition of conviction those convictions obtained under any state, federal, or military court.

This bill amends provisions related to the Department of Natural Resources and its powers and duties.

This concurrent resolution urges the federal government and United States Congress to repeal and prohibit regulations and laws that do or would infringe upon the rights of states under the Tenth Amendment to the United States Constitution.

This joint resolution grants approval for the sale of a parcel of land associated with the Utah State Developmental Center by the Division of Facilities Construction and Management.

This bill prohibits the lieutenant governor from certifying a document in certain circumstances.

This bill amends the definition of “educational facility.”

This bill establishes continuing education requirements for electricians and plumbers, and also requires the Division of Occupational and Professional Licensing to establish a continuing education program and provides for its administration.

  • H.B. 306 – Terrorism Amendments – Feb. 19th 2010 – 72/0 votes – Sponsored by Rep. Eric K. Hutchings (R-Kearns)

This bill modifies the definition and use of the word terrorism in the Utah Code.

Feb 17

What Is HB392 Zero Base Budget for State Agencies?

2010 at 10:57 am  |  posted by Rep. Craig Frank 3 comments

Periodically, state agencies should undergo a thorough audit procedure know as “Zero-Base Budgeting.”  Justifying every line-item of State Department and Division budgets assists in perpetual efficiency…something every taxpayer deserves.

Feb 12

2010 General Session Highlights…Week 3

2010 at 6:28 pm  |  posted by Rep. Craig Frank 1 comment

Utah State Legislature Highlights for February 8th – 12th

by the House GOP Media Relations Coordinator

During week three of the 2010 Legislative Session, the Utah House of Representatives approved HB 67.  This bill would require the Legislature and governor to sign off before state agencies could implement federal health care reform mandates.  House Bill 67 passed the House 53-20.  Speaker of the House of Representatives David Clark said the party-line vote reflects a difference in philosophy saying that some think government has all the answers, and others don’t.  The bill heads to the Senate.

Other exciting events from the week include, HJR12 Climate Change Joint Resolution passed the House.  HJR12 is a resolution questioning the science behind global warming and calling for federal officials to stop policies aimed at reducing carbon dioxide emissions.

Senate Bill 11 which has now passed both the Senate and House is headed to the Governor’s desk.  SB11 would make it so firearms made and kept in Utah would be exempt from federal regulations.             

Last week, the House has passed key ethics reform measures.  The Senate is currently considering those measures and we look forward to a robust debate on those issues shortly.  This coming Tuesday, Legislative members will be given an update on the budget which will give them the exact amount of money they have to work with for the 2011 fiscal year.

These are all bills that passed the House this week with the help of the majority. (Note: Clicking on the title of a bill, which is in blue, will take you to the full version.) 

Recognizes the 100th Anniversary of the Boy Scouts of America and expresses appreciation for the service and character building that the organization has provided through its dedication to the youth of Utah.

  • H.B. 249 – Emancipation Amendments – Feb. 8th 2010 – 73/0 votes – Sponsored by Rep. Lorie D. Fowlke (R-Orem)

This bill enables a court to dismiss a petition for emancipation if it is insufficient or incomplete.

This bill modifies provisions related to reporting to the Executive Appropriations Committee or an appropriation subcommittee designated by the Executive Appropriations Committee.

This bill modifies the Utah Life and Health Insurance Guaranty Association Act to make various amendments.

  • H.B. 202 – Fireworks Amendments – Feb. 8th 2010 – 71/0 votes – Sponsored by Rep. Ronda R. Menlove (R-Logan)

In modifying the Utah Fire Prevention and Safety Act in the Public Safety Code, this bill requires flame operators to acquire a license.

This bill addresses requirements for well drillers.

This bill addresses matters related to a general adjudication of water rights.

This bill modifies the Motor Vehicles Code by amending provision relating to the wearing of protective headgear while on a motorcycle or other off-highway vehicle.

This bill makes modifications to provisions of the Employment Security Act related to unemployment insurance benefits and requires an annual report by the division on the impact of these modifications.

This joint resolution of the Legislature urges the United States to refrain from passing certain federal health insurance reforms.

  • H.B. 10 – Court Fees for Inmates – Feb. 8th 2010 – 70/0 votes – Sponsored by Rep. Curtis Oda (R-Clearfield)

This bill outlines procedures to determine if court fees and costs should be paid in full or waived for a prisoner who files an initial divorce action or an action to obtain custody of the prisoner’s children.

This bill amends provisions of Title 58, Occupations and Professions.

This bill modifies provisions regarding controlled substances by creating a committee to advise the Legislature on the scheduling of substances.

Modifies provisions related to licensure and prohibited conduct for those engaging in foreclosure rescue or loan modification assistance.

This bill further regulates and restricts the acquisition and use of certain nicotine products, such as e-cigarettes and nicotine candies.

This bill amends provisions of the Utah Human Services Code and the Juvenile Court Act of 1996 relating to the performance monitoring system of the Division of Child and Family Services (DCFS), the interviewing of children, and the reunification services.

This bill amends Utah Criminal Code provisions relating to the crime of custodial interference by doing such things as defining terms and custodial interference.

This bill enables an individual to use justifiable force in defense of property, accompanied with a simple outline for the court to determine reasonableness.

In modifying the Concealed Weapon Act, this bill deals with issuance, denial, and revocation of a concealed firearm permit.

This Joint Resolution is aimed at amending the Utah Constitution to enact a property tax exemption related to certain property associated with water.

This bill modifies Revenue and Taxation provisions relating to property tax exemptions associated with water facilities.

This bill provides a separate offense regarding each person who is trafficked or smuggled in violation of current law.

This bill re-enacts the Heber Valley Historic Railroad Authority.

This bill modifies the Criminal Code, amending specific felony penalties to maintain consistency with other sections, pertaining to non-capital first degree felonies.

This bill amends the public notice and hearing requirement for the uniform fiscal procedures of towns, cities, and counties.

This joint resolution reappoints John M. Schaff as Legislative Auditor General for a six-year term, beginning November 9, 2010.

This bill enables a local highway authority to establish a reduced speed in a school zone at a signalized intersection for a highway under its jurisdiction.

  • H.B. 96 – Libel Amendments – Feb. 9th 2010 – 73/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

This bill limits the enforceability of foreign libel judgments.

This joint resolution is aimed at having the United States Environmental Protection Agency cease its carbon dioxide reduction policies, programs, and regulations until climate data and global warming science are sustained.

This bill prohibits against the Utah Constitutional Revision Commission making a recommendation on a proposed constitutional amendment after final legislative action.

This bill enables an individual, in the privacy of his own property and not for commercial use, to make a ropeway for private use.

  • S.B. 18 – Election Modifications – Feb. 10th 2010 – 73/0 votes – Sponsored by Sen. Peter C. Knudson, Rep. Craig A. Frank (R-Cedar Hills)

This bill modifies Title 20A, Election Code.

This is a concurrent resolution of the Legislature and the Governor urging Utahns to increase their awareness of the impact of Alzheimer’s disease.

This bill makes technical changes to building and construction projects provisions dealing with notices of completion and definitions.

This bill amends the Social Worker Licensing Act by providing that an applicant for licensure must satisfactorily complete a program accredited by the Council on Social Work Education.

This bill repeals limits on the amount of an income tax credit or refund and makes technical changes.

This bill addresses issues over the manufacture of firearms within the state for in-state use.

This bill modifies provisions relating to the collection and distribution of revenues from federal land exchange parcels.

  • 1S.S.B. 36 – Wolf Management – Feb. 10th 2010 – 47/23 votes – Sponsored by Sen. Allen M. Christensen, Rep. Curtis Oda (R-Clearfield)

This bill is aimed at managing the wolf population of the state.

This bill modifies provisions relating to the withdrawal of an area from a special service district.

This bill modifies provisions related to the Utah Educational Savings Plan.

This bill modifies the Worker’s Compensation Act to remove a reduction in workers’ compensation benefits on the basis of the receipt of Social Security retirement benefits.

  • S.B. 37 – Impact Fee Revisions – Feb. 11th 2010 – 69/0 votes – Sponsored by Sen. Wayne L. Niederhauser, Rep. Michael T. Morley (R-Spanish Fork)

This bill amends public notice requirements for a local political subdivision that imposes an impact fee and directs a local government entity to refund an impact fee subject to certain circumstances.

  • 1S.H.B. 67 – Health System Amendments – Feb. 11th 2010 – 53/20 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

This bill prohibits a state agency or department from implementing federal health care reform passed by the United States Congress after March 1, 2010, unless the state Legislature specifically authorizes the implementation by statute.

This bill modifies parts of the Utah Code to make technical corrections including alphabetizing definitions, updating cross references, and correcting numbering.

This bill amends the Funds and Accounts Act to repeal the Severance Tax Holding Account and related provisions.

  • H.B. 41 – Constables Amendments – Feb. 12th 2010 – 69/0 votes – Sponsored by Rep. Curtis Oda (R-Clearfield)

This bill allows a county or municipality to contract with any constable, rather tha a constable in the county where the justice court sits.

This bill modifies funding for the Minimum School Program.

This bill amends provisions that establish time requirements for the Supreme Court to review an issue related to an initiative or referendum.

This bill, addressing meat inspection provisions, does such things as updating terminology, defines terms, and addresses the Department of Agriculture’s adoption of emergency rules.

This bill changes the definition of “renewable energy source” in Title 10, Chapter 19, Municipal Electric utility Carbon Emission Reduction Act, and Title 54, Chapter 17, Energy Resource Procurement Act, to include energy derived from municipal solid waste.

This bill changes the number of eligible full-time enrollees an institution of higher education must have in order to participate in the program’s risk pools.

This bill modifies the Utah State Retirement and Insurance Benefit Act by amending provisions related to appointment of board members, purchase of service credit, disability benefits, and termination of employment on the retirement date.

This bill modifies the Traffic Code by amending provisions relating to a low-speed vehicle.

This bill modifies provisions relating to the disincorporation of a municipality.

This bill modifies the Election Code by amending the definition of valid voter identification.

  • H.B. 258 – Voting Precinct Boundaries – Feb. 12th 2010 – 71/0 votes – Sponsored by Rep. Kenneth W. Sumsion (R-American Fork)

This bill limits changes to voting precincts during the time period before and after the United States decennial census.

This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal year beginning July 1, 2009 and ending June 30, 2010.

  • 1S.H.B. 205 – Impact Fee Amendments – Feb. 12th 2010 – 69/0 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

This bill amends impact fee provisions relating to school districts and charter school.

Feb 09

2010 General Session – District 57 Public Meeting Calendar

2010 at 11:11 pm  |  posted by Rep. Craig Frank 0 comments

Just a quick update for residents of House District 57 (Cedar Hills, Pleasant Grove [except PG4], and AF01, and AF10) on informational meetings regarding legislative activities:

1)  Tuesday, February 16th, 7-9 pm, District 57 Legislative Exchange.  Will be held at the [Please note the location change]  LINCOLN ACADEMY CHARTER SCHOOL, 1582 West 3300 North, Pleasant Grove [3/4 of a mile northeast of the Timpanogos LDS Temple].  This is the second of three Q & A’s during the legislative session.  Residents of House District 57 are welcome.

2)  Saturday, February 20th, 10 am, Utah County Republican Party Legislative Report.  Location TBA.  This is the annual legislative report hosted by the UCRP.

3) Saturday, February 27th, 9-10:30 am, Pancakes and Politics.  Held in the Education Center trailers at the American Fork Hospital (to the east side of the hospital in the trailers).  This event is sonsored by American Fork Chamber & the American Fork Hospital.

4)  Saturday, March 13th, 10 am – noon.  Post 2010 Legislative Session Wrap-up.  Will be held at the John Hancock Charter School, 125 North 100 East, Pleasant Grove.  This is the last of three Q & A’s.  Residents of House District 57 are welcome.

Feb 06

2010 General Session Highlights of Week 2

2010 at 2:45 pm  |  posted by Rep. Craig Frank 0 comments

Utah State Legislature Highlights for February 1st – 5th

During week two of the 2010 Legislative Session, the Utah House of Representatives approved several bills that make-up an ethics reform package.  One of the bills that passed the house would place a proposed constitutional amendment on the November ballot creating an independent commission to review complaints against lawmakers.   House Speaker Dave Clark said, while urging other legislators to vote for the commission, “When I was elected speaker, I pledged that we would try to do things differently here in the Legislature … These bills are a major step in that journey.” 

Also this week, Republican leaders in the House began their own limited health care reform plan, which includes a resolution (HB67) that would keep Utah out of a nationalized health care plan.  Look for 
HB67 to be debated on the House Floor later in the session.

Also notable is that, with $447 debt per capita, Utah finished first overall in Forbes’s debt weight scorecard.  Utah has held the AAA rating since 1964. 
       

These are all bills that passed the House this week. (Note: Clicking on the title of a bill, which is in blue, will take you to the full version.) 

This bill amends provisions of the Open and Public Meetings Act, the Utah Human Services Code, and the Government Records Access and Management Act to provide review and oversight relating to fatalities and other matters that occur in relation to a person in the custody of, or who has received services from, the Department of Human Services.

This bill modifies provisions in the Employment Security Act regarding computation of individual weekly benefits, including those pertaining to the offset of Social Security benefits against weekly benefit for the unemployed.

Relating to the incorporation of a town, this bill requires that a county legislative body commission a financial feasibility after a petition to incorporate is certified, as well as have other related functions.

This bill defines smoking paraphernalia and bans the sale of this to those individuals under the age of 19.

  • H.B. 16 – Parent-time Amendments – Feb. 1st2010 – 58/6 votes – Sponsored by Rep. Lorie D. Fowlke (R-Orem)

This bill clarifies provisions that relate to parent-time when the parents live either in different states or more than 150 miles apart from each other.

  • H.B. 21 – Expungement Revisions – Feb. 1st 2010 – 74/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

Along with creating a specific definition of expunge, this bill more clearly outlines steps that must be taken to acquire an expungement, specifies what cannot be expunged, and helps to make it easier to understand the processes behind expungement.

This bill requires voting equipment to be certified by the United States Election Assistance Commission.

Concerning the Utah Board of Pardons and Parole, this bill eases the process of pardons and parole hearings by allowing the use of videoconference or other electronic communications, and reduces the maximum authorized pro tempore members of the board, as well as other similar actions.

This bill amends adoption and child custody provisions relating to divorce, persons other than the parent, the Utah Human Services Code, the Utah Adoption Act, and the Utah Uniform Parentage Act, all pertaining to guardianship.

This bill modifies the Judicial Code to clrify a statutory limitation on claims for relief under the Post-Conviction Remedies Act,

This resolution urges that “age appropriate materials” on family violence be made available in Utah’s public schools, as well as urging the continuation of community partnerships to help in preventing family and dating violence.

In modifying the Insurance Code, this bill requires insurance companies providing health or dental policies to coordinate benefits for an insured individual housed in a correctional facility.

This bill amends provisions related to the requirement that contractors with certain state entities must provide qualified health insurance to their employees and the dependents of the employees who work or reside in the state.

Designates the Division of Occupational and Professional Licensing to issue a controlled substance precursor license, which combines the current controlled substance precursor purchaser’s and the distributor’s licenses.

This bill, in providing base funding for the Minimum School Program, appropriates state and local funds and other monies, establishes values, and does other actions in assisting the provisions made.

This bill appropriates funds for the support and operation of state government for the year beginning July 1, 2010, and ending June 30, 2011.

This bill modifies the Designation of State Highways Act by amending the description of two state highways and adding a highway to the state highway system.

This bill amends the board of trustee’s membership requirements for an improvement district, as well as makes technical corrections.

This bill modifies the Motor Vehicle Business Regulation Act and the Public Safety Code by amending provisions relating to criminal background checks on motor vehicle dealers and salespersons.

This bill, amending provisions in the Property Tax Act, does such things as increase the penalty imposed on delinquent taxes from 2% to 2.5%, as well as provides a penalty.

This resolution supports the state-based workers’ compensation system and opposes federal efforts that would undermine the system.

This bill renames the Archives and Records Service chapter to the Public Records Management Act, as well as adopts definitions from Governmental Records Access and Management Act.

This bill modifies provisions of the Legislative Joint Rules relating to the declaration and disclosure of conflicts of interest and filing financial disclosures.

This bill modifies and enacts provisions of the Utah Code that relate to financial disclosures and the declaration of conflicts of interest by certain public officeholders and candidates.

This bill amends the Lobbyist Disclosure and Regulation Act as pertaining to an expenditure by a lobbyist, principal, or government officer for the benefit of a public official.

This joint resolution of Legislature proposes to amend the Utah Constitution to establish a legislative ethics commission, thereby outlining terms of commission members, appointment, powers, operations, requirements and procedures.

This bill is designed to address the retrofitting of vehicles to operate on compressed natural gas.

This resolution recodifies and revises House Rules by reorganizing, renumbering, and making correction and additions to them.

This bill amends provisions of the Utah Criminal Code relating to providing informed consent to a woman who is seeking an abortion.

The bill modifies definitions regarding imitation and counterfeit controlled substances.

  • 1S.H.B. 78 – Weapons Revisions – Feb. 5th2010 – 63/3 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

This bill allows a person to announce they have a weapon to a threat before firing a weapon.

This bill eliminates a provision requiring the state engineer to post a bond before taking office.

In modifying the Utah Fire Prevention and Safety Act, this bill regulates the manufacture, storage, sale and distribution of novelty lighters, being those lighters that resemble the shape of a toy or object other than a lighter.

Feb 06

Campaign Finance Limits…Center for Competitive Politics

2010 at 5:21 am  |  posted by Rep. Craig Frank 1 comment

This presentation addresses one of the contributing factors to Why I am no longer the Primary Sponsor of the Campaign Finance Limits Proposal in the Utah State House of Representatives.  The Campaign Finance Limits bill was originally part of a “suite” of ethics bills rapidly moving through the Utah Legislature this year.  Because of its growing unpopularity, primarily based on “Free Speech” and questionable “corruption” concerns, this bill has been detached from the other ethics bills for individual scrutiny.

Link HERE for Center for Competitive Politics, Issue Analysis No. 5, January 2009

Link HERE for Governor’s Commission on Strengthening Utah’s Democracy, Recommendations Report

Jan 31

Publius on Federalist 45

2010 at 11:32 pm  |  posted by Rep. Craig Frank 0 comments

How far has the Federal Government overstepped the boundaries of the original intent of its Constitutional borders?  For your perusing pleasure…an excerpt from Federalist 45…

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments in times of peace and security. As the former periods will probably bear a small proportion to the latter, the State governments will here enjoy another advantage over the federal government. The more adequate, indeed, the federal powers may be rendered to the national defense, the less frequent will be those scenes of danger which might favor their ascendancy over the governments of the particular States.”

– James Madison (Publius)

Jan 31

Utah State Legislature Highlights for Jan. 25-29

2010 at 10:29 pm  |  posted by Rep. Craig Frank 0 comments

Utah State Legislature Highlights for January 25th- 29th

The 58th session of the Utah State Legislature convened Monday, January 25, 2010.  This session, state lawmakers must tackle a combined 700 million dollar shortfall and spending must be trimmed from the current budget and the 2010-2011 budget year, starting July 1st.  Republican leaders say they would rather cut programs than raise taxes in a recession. 

Also getting attention this legislative session is ethics reform in Utah.  During Speaker David Clark’s opening remarks Monday, he said that House Republicans have already agreed to a series of ethics bills.  On Tuesday night, Governor Gary Herbert said during his first annual State of the State speech that he has signed an executive order that “reaffirms and clarifies” ethics guidelines originally set by former Gov. Jon Huntsman Jr. 

Other issues getting addressed this legislative session include, sex education in schools, land use, controlled substances and abortion. 

These are all bills that passed the House this week. (Note: Clicking on the title of a bill, which is in blue, will take you to the full version.) 

This bill is aimed at making available the ability for a justice court to more easily transfer a matter concerning a child to a juvenile court if it is determined that this transfer would be in the child’s best interest.

This bill would alter the Check Cashing and Deferred Deposit Lending Registration Act so that they would address operational requirements related to deferred deposit lending. 

This bill defines “significant capital investment” for those purposes of the Economic Development Incentives Act, and requires documentation from applicants that show their having satisfied the requirements under the Act.

In amending the Brine Shrimp Royalty Act, this bill’s aim is to repeal obsolete language, address definitions, address the calculation of the royalty, and to make technical changes.

This bill is to modify per diem and travel expense language used for boards, commissions, councils, and committees, as well as make any other technical changes.

HB 28, 35, and 36, listed above, focus on reporting prescription drug abuse to prescribing doctors through an online database.

Along with making technical changes, this bill would allow the Wildlife Board, through administrative rule, to establish grounds other than those listed in statute for the refund of a license, certificate, or permit fee.

Along with technical changes, this bill defines terms such as “damage,” “division,” “livestock,”  and “wolf,” and also allows a person to receive compensation for damage dealt to livestock by a wolf in certain circumstances.

This bill defines terms, requires the state engineer to go 60 day’s notice to a recharge or recovery permittee of the date to submit proof of completion, authorizes the state engineer to waive certain filings, requires proof of completion of a recharge or recovery project, and so forth, as well as makes technical changes.

In modifying the Utah Life and Health Insurance Guaranty Association Act, this bill does such things as: address the coverage and limitation of the act, modifies terminology and definitions, modifies time frames, makes technical and conforming amendments, modifies reporting requirements, and so on.

  • H.B. 41 – Constables Amendments – Jan. 27, 2010 – 73/0 – Sponsored by Rep. Curtis Oda (R-Clearfield)

Relating provisions of constables, this bill allows a county or municipality to contract with any constable, rather than a constable in the county where the justice court sits, as well as makes technical changes.

This bill modifies the Election Code to amend the manner in which a ballot proposition is worded for a statewide or local referendum, doing such things as clarifying the definition of “referendum,” and making technical changes.

In modifying the Motor Vehicles Code, in relating to motor vehicles, this bill covers such issues as repealing the requirement that an owner of a vehicle record the actual miles for use in renewing registration, establishing procedures and requirements for a county legislative body to impose a local emissions compliance fee, and along with other authorizations given to the county legislative bodies, makes technical changes.

In amending the General Taxation Policies chapter, this bill addresses the taxes, fees, and charges administered by the State Tax Commission, as well as addressed definitions such as taxes, fees, addressed calculation of interest related to these, and made technical changes.

This bill amends the Sales and Use Tax Act, addressing definitions, the tax rate, and the determination of the location of a transaction involving a prepaid calling service or prepaid wireless calling service, as well as making technical changes.

  • H.B. 51 – Family Employment Program – Jan. 27, 2010 – 71/0 votes – Cash Assistance to Single Minor Parent – Sponsored by Rep. James A. Dunnigan (R-Taylorsville)

In modifying the provisions of the Family Employment Program, regarding the requirements for a single minor parent to receive cash assistance, this bill brings the program into compliance with federal law as to employment and education, or training requirements.

With certain circumstances, this bill extends the sunset of the provision until July 1, 2015, as well as makes other technical changes.

This bill, along with technical amendments, modifies the membership of the Utah Generated Renewable Energy Electricity Network Authority Board.

This bill creates the Controlled Substances Advisory Committee, establishes the membership thereof, provides guidelines for determining if and where a substance should be scheduled, and outlines the role of the advisory committee as an advising body regarding the placing of substances in the statutory schedule of controlled substances.

In modifying the provisions related to licensure and prohibited conduct for those engaging in foreclosure rescue or loan modification, this bill modifies definitions related to real estate licensing, modifies prohibited conduct by real estate licensees, makes technical and conforming amendments, and so forth.

In modifying Title 20A, Chapter 11, Campaign and Financial Reporting Requirements, the bill makes it so all expenditures made by a corporation and a political issues committee must be reported as of five days instead of three, as well as technical amendments.

This bill amends a citation to the Internal Revenue Code relating to federal law exemptions that also apply to the state tax on cigarettes.

This bill modifies the Utah State Personnel Management Act by amending provisions relating to employment programs for people with disabilities.

In modifying the provisions of Title 9, Community and Culture Development, this bill focuses of grant programs administered by certain divisions, offices, and boards within the Department of Community and Culture in the Divisions of Arts and Museums, State Library, and State History.

This bill adopts the State Construction Code in accordance with the Utah Uniform Building Standards Act.

This bill modifies the Insurance Code and the Utah Uniform Securities Act to address the treatment of insurance and annuities.

This would reauthorize certain state entities and programs that would otherwise sunset before the 2011 Annual General Session of the Utah Legislature.

Relating to continuing education, this bill modifies provisions of the Utah Construction Trades Licensing Act related to continuing education.

This bill allows a school district to extend the period of time a provisional employee must work to obtain career status.

This bill allows a school district or charter school to require an employee to submit a criminal background check, including volunteers and other employees.

This bill amends provisions of the Utah Criminal Code to describe the difference between abortion and criminal homicide of an unborn child, as well as removing prohibitions and highlighting circumstances.

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