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.

Utah State Legislature Highlights for February 8^th – 12^th

^{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.) 

• H.C.R. 5 – Concurrent Resolution Recognizing the 100^th Anniversary of the Boy Scouts of America – FEB. 8^th 2010 – 73/0 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)

Recognizes the 100^th 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. 8^th 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.

• H.B. 262 – Reporting to Appropriation Committees – Feb. 8^th 2010 – 74/0 votes – Sponsored by Rep. Ron Bigelow (R-West Valley City)

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

• H.B. 40 – Utah Life and Health Insurance Guaranty Association Amendments – Feb. 8^th 2010 – 72/0 votes – Sponsored by Rep. James A. Dunnigan (R-Taylorsville)

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

• H.B. 202 – Fireworks Amendments – Feb. 8^th 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.

• H.B. 226 – Well Driller’s License – Pump Installation – Feb. 8^th 2010 – 70/1 votes – Sponsored by Rep. Patrick Painter (R-Nephi)

This bill addresses requirements for well drillers.

• H.B. 229 – Water Right General Adjudication Amendments – Feb. 8^th 2010 – 72/0 votes – Sponsored by Rep. Patrick Painter (R-Nephi)

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

• H.B. 93 – Motorcycle and Off-Highway Vehicle – Feb. 8^th 2010 – 69/2 votes – Sponsored by Rep. Ronda R. Menlove (R-Logan)

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.

• H.B. 18 – Unemployment Insurance Amendments – Feb. 8^th 2010 – 46/28 votes – Sponsored by Rep. Steven R. Mascaro (R-West Jordan)

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.

• H.J.R. 11 – Joint Resolution Regarding Federal Health Insurance Reform – Feb. 8^th 2010 – 51/21 votes – Sponsored by Rep. Michael T. Morley (R-Spanish Fork)

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. 8^th 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.

• H.B. 193 – Occupations and Professions Amendments – Feb. 8^th 2010 – 73/0 votes – Sponsored by Rep. Rebecca D. Lockhart (R-Provo)

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

• H.B. 38 – Scheduling of Controlled Substances – Feb. 9^th 2010 – 64/2 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

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

• 1S.H.B. 53 – Foreclosure Rescue and Loan Modification Amendments – Feb. 9^th 2010 – 65/0 votes – Sponsored by Rep. Ryan D. Wilcox (R-Ogden)

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

• 3S.H.B. 71 – Nicotine Product Restrictions – Feb. 9^th 2010 – 54/17 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

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

• H.B. 239 – Child Protection Revisions – Feb. 9^th 2010 – 69/0 votes – Sponsored by Rep. Wayne A. Harper (R-West Jordan)

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.

• H.B. 197 – Custodial Interference Amendments – Feb. 9^th 2010 – 62/10 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

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

• 1S.H.B. 207 – Protection of Property Amendment – Feb. 9^th 2010 – 74/0 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

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

• 1S.H.B. 214 – Concealed Firearm Permit Modifications – Feb. 9^th 2010 – 70/0 votes – Sponsored by Rep. Rebecca D. Lockhart (R-Provo)

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

• H.J.R. 2 – Joint Resolution on Property Tax Exemption for Water Facilities – Feb. 9^th 2010 – 70/0 votes – Sponsored by Rep. Patrick Painter (R-Nephi)

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

• H.B. 54 – Property Tax Exemption for Water Facilities – Feb. 9^th 2010 – 69/0 votes – Sponsored by Rep. Patrick Painter (R-Nephi)

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

• H.B. 230 – Human Trafficking Amendments – Feb. 9^th 2010 – 65/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

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

• 2S.H.B. 100 – Heber Valley Historic Railroad Authority – Feb. 9^th 2010 – 67/2 votes – Sponsored by Rep. Kraig Powell (R-Heber City)

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

• H.B. 195 – Homicide Penalty Amendment – Feb. 9^th 2010 – 72/0 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

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

• 1S.H.B. 94 – Uniform Fiscal Procedures Act Amendments for Towns, Cities, and Counties Amendments – Feb. 9^th 2010 – 71/0 votes – Sponsored by Rep. Fred R. Hunsaker (R-Logan)

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

• H.J.R. 19 – Joint Resolution Approving Reappointment of Legislative Auditor General – Feb. 9^th 2010 – 71/0 votes – Sponsored by Speaker David Clark (R-Santa Clara)

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

• H.B. 103 – Reduced Speed School Zone Amendments – Feb. 9^th 2010 – 71/0 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

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. 9^th 2010 – 73/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

This bill limits the enforceability of foreign libel judgments.

• H.J.R. 12 – Climate Change Joint Resolution – Feb. 9^th 2010 – 56/17 votes – Sponsored by Rep. Kerry W. Gibson (R-Ogden)

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.

• S.B. 78 – Constitutional Revision Commission Duties – Feb. 10^th 2010 – 72/0 votes – Sponsored by Sen. John L. Valentine, Rep. Stephen E. Sandstrom (R-Orem)

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

• S.B. 82 – Passenger Ropeway Systems Act Amendments – Feb. 10^th 2010 – 71/0 votes – Sponsored by Sen. Allen M. Christensen, Rep. Melvin R. Brown (R-Coalville)

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. 10^th 2010 – 73/0 votes – Sponsored by Sen. Peter C. Knudson, Rep. Craig A. Frank (R-Cedar Hills)

This bill modifies Title 20A, Election Code.

• S.C.R. 1 – Alzheimer’s and Dementia Awareness Concurrent Resolution – Feb. 10^th 2010 – 73/0 – Sponsored by Sen. Karen W. Morgan, Rep. Kevin S. Garn (R-Layton)

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

• S.B. 14 – Building and Construction Projects – Technical Corrections – Feb. 10^th 2010 – 69/0 votes – Sponsored by Sen. Mark B. Madsen, Rep. Christopher N. Herrod (R-Provo)

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

• S.B. 21 – Amendments to Social Worker Licensing – Feb. 10^th 2010 – 73/0 votes – Sponsored by Sen. D. Chris Buttars, Rep. Curtis Oda (R-Clearfield)

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.

• S.B. 100 – Income Tax Credit or Refund Amendments – Feb. 10^th 2010 – 61/14 votes – Sponsored by Sen. Curtis S. Bramble, Rep. Wayne A. Harper (R-West Jordan)

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

• S.B. 11 – Utah State-Made Firearms Protection Act – Feb. 10^th 2010 – 55/16 votes (56/17 on revote) – Sponsored by Sen. Margaret Dayton, Rep. Stephen E. Sandstrom (R-Orem)

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

• 1S.S.B. 24 – Land Exchange Distribution Account Amendments – Feb. 10^th 2010 – 67/0 votes – Sponsored by Sen. Dennis E. Stowell, Rep. John G, Mathis (R-Vernal)

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

• 1S.S.B. 36 – Wolf Management – Feb. 10^th 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.

• S.B. 84 – Special Service District Amendments – Feb. 10^th 2010 – 73/0 votes – Sponsored by Sen. David P. Hinkins, Rep. Kay L. McIff (R-Richfield)

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

• 1S.S.B. 95 – Utah Educational Savings Plan Amendments – Feb. 10^th 2010 – 69/0 votes – Sponsored by Sen. Wayne L. Niederhauser (R-Sandy)

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

• H.B. 188 – Worker’s Compensation Benefits – Social Security Offset – Feb. 11^th 2010 – 67/0 votes – Sponsored by Rep. Wayne A. Harper (R-West Jordan)

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. 11^th 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. 11^th 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.

• H.B. 263 – Technical Cross Reference Revisions – Feb. 12^th 2010 – 68/0 votes – Sponsored by Rep. Johnny Anderson (R-Salt Lake City)

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

• S.B. 111 – Repeal of Severance Tax Holding Account – Feb. 12^th 2010 – 69/0 votes – Sponsored by Sen. Lyle W. Hillyard, Rep. John Dougall (R-American Fork)

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

• H.B. 41 – Constables Amendments – Feb. 12^th 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.

• H.B. 4 – Current School Year Supplemental Minimum School Program Budget Adjustments – Feb. 12^th 2010 – 73/0 votes – Sponsored by Rep. Merlynn T. Newbold (R-South Jordan)

This bill modifies funding for the Minimum School Program.

• H.B. 112 – Supreme Court Review of an Initiative or Referendum – Feb. 12^th 2010 – 69/0 votes – Sponsored by Rep. Brad L. Dee (R-Ogden)

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

• H.B. 108 – Meat Inspection Amendments – Feb. 12^th 2010 – 69/0 votes – Sponsored by Rep. John G. Mathis (R-Vernal)

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.

• H.B. 228 – Renewable Energy Source Amendments – Feb. 12^th 2010 – 68/4 votes – Sponsored by Rep. Roger E. Barrus (R-Centerville)

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.

• H.B. 215 – Amendments to Public Employees’ Benefit and Insurance Program Act – Risk Pools – Feb. 12^th 2010 – 71/0 votes – Sponsored by Rep. Kevin S. Garn (R-Layton)

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.

• H.B. 233 – Retirement Office Amendments – Feb. 12^th 2010 – 68/0 votes – Sponsored by Rep. Don L. Ipson (R-St. George)

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.

• H.B. 238 – Low Speed Vehicle Amendments – Feb. 12^th 2010 – 70/0 votes – Sponsored by Rep. Johnny Anderson (R-Salt Lake City)

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

• H.B. 218 – Municipal Disincorporation Revisions – Feb. 12^th 2010 – 63/0 votes – Sponsored by Rep. Gage Froerer (R-Hunstville)

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

• H.B. 254 – Voter Identification Amendments – Feb. 12^th 2010 – 73/0 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)

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

• H.B. 258 – Voting Precinct Boundaries – Feb. 12^th 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.

• 1S.S.B. 3 – Current Fiscal Year Supplemental Appropriations – Feb. 12^th 2010 – 72/1 votes – Sponsored by Sen. Lyle W. Hillyard, Rep. Ron Bigelow (R-West Valley City)

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. 12^th 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.

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.

Utah State Legislature Highlights for February 1^st – 5^th

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.) 

• H.B. 86 – Department of Human Services – Review Oversight – Feb. 1^st2010 – 74/0 votes – Sponsored by Rep. Rebecca D. Lockhart (R-Provo)

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.

• H.B. 43 – Unemployment Compensation Amendments – Feb. 1^st2010 – 60/15 votes – Sponsored by Rep. Steven R. Mascaro (R-West Jordan)

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.

• 1S.H.B. 216 – Incorporation of a Town Amendments – Feb. 1^st2010 – 70/0 votes – Sponsored by Rep. Gage Froerer (R-Huntsville)

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.

• H.B. 206 – Ban on Sale of Smoking Paraphernalia to Minors – Feb. 1^st2010 – 72/0 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

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. 1^st2010 – 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. 1^st 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.

• H.B. 95 – Certification of Voting Equipment Modifications – Feb. 2^nd2010 – 68/0 votes – Sponsored by Rep. Douglas C. Aagard (R-Kaysville)

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

• H.B. 47 – Board of Pardons and Parole Technical Amendments – Feb. 2^nd2010 – 72/0 votes – Sponsored by Rep. Eric K. Hutchings (R-Kearns)

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.

• H.B.  74 – Adoption and Child Custody Amendments – Feb. 2^nd 2010 – 54/18 votes – Sponsored by Rep. Sheryl L. Allen (R-Bountiful)

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.

• H.B. 19 – Post Conviction Remedies Amendments – Feb. 2^nd2010 – 68/0 votes – Sponsored by Rep. Kay L. McIff (R-Richfield)

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

• H.R. 1 – Healthy Family Partnership House Resolution – Feb. 2^nd2010 – 73/0 votes – Sponsored by Rep. Curtis Oda (R-Clearfield)

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.

• H.B. 22 – Inmate Health Insurance Amendments – Feb. 2^nd2010 – 30/44 votes FAILS – Sponsored by Rep. Paul Ray (R-Clearfield)

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.

• H.B. 20 – Amendments to Health Insurance Coverage in State Contracts – Feb. 3^rd2010 – 68/0 votes – Sponsored by Rep. James A. Dunnigan (R-Taylorsville)

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.

• H.B. 89 – License for Controlled Substances Amendments – Feb. 3^rd 2010 – 70/0 votes – Sponsored by Rep. Michael T. Morley (R-Spanish Fork)

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.

• 1S.H.B. 1 – Minimum School Program Base Budget – Feb. 3^rd2010 – 55/18 votes – Sponsored by Rep. Merlynn T. Newbold (R-South Jordan)

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.

• S.B. 1 – State Agency and Higher Education Base Budget – Feb. 3^rd2010 – 64/5 votes – Sponsored by Lyle W. Hillyard (R-Logan)

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

• S.B. 25 – State Highway System Modifications – Feb. 3^rd2010 – 68/0 votes – Sponsored by Kevin T. Van Tassell (R-Vernal)

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.

• H.B. 211 – Improvement District Board Membership – Feb. 3^rd2010 – 70/0 votes – Sponsored by Kraig Powell (R-Heber City)

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

• H.B. 37 – Criminal Background Checks on Motor Vehicle Dealers and Salespersons – Feb. 3^rd2010 – 54/17 – Sponsored by Rebecca D. Lockhart (R-Provo)

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.

• 1S.H.B. 219 – Delinquent Property Tax Amendments – Feb. 3^rd2010 – 65/3 votes – Sponsored by Rep. Gage Froerer (R-Huntsville)

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.

• H.J.R. 10 – Joint Resolution Opposing the Establishment of a Federal Commission of State Workers’ Compensation Laws – Feb. 3^rd2010 – 72/0 votes – Sponsored by Michael T. Morley (R-Spainish Fork)

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

• H.B. 248 – Government Records Amendments – Feb. 4^th 2010 – 66/0 votes – Sponsored by Rep. Johnny Anderson (R-Salt Lake City)

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.

• H.J.R. 14 – Joint Rules Resolution on Financial Disclosure – Feb. 4^th 2010 – 71/0 votes – Sponsored by Rep. Gregory H. Hughes (R-Draper)

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

• H.B. 270 – Financial Disclosure and Conflict of Interest Amendments – Feb. 4^th 2010 – 70/0 votes – Sponsored by Rep. Gregory H. Hughes (R-Draper)

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.

• H.B. 267 – Lobbyist Disclosure and Regulation Act Amendments – Feb. 4^th2010 – 69/1 votes – Sponsored by Rep. Kevin S. Garn (R-Layton)

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.

• H.J.R. 15 – Joint Resolution on Legislative Ethics Commission – Feb. 4^th2010 – 69/3 votes – Sponsored by Rep. David Clark (R-SantaClara)

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.

• 2H.B. 70 – Retrofit Compressed Natural Gas Vehicles – Feb. 5^th2010 – 67/1 votes – Sponsored by Rep. Jack R. Draxler (R-Logan)

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

• H.R. 3 – House Rules Resolution – Recodification and Revisions – Feb. 5^th 2010 – 75/0 votes – Sponsored by Rep. Ben C. Ferry (R-Corinne)

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

• H.B. 200 – Informed Consent Amendments – Feb. 5^th2010 – 52/15 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

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

• H.B. 225 – Counterfeit Substance Amendments – Feb. 5^th2010 – 66/0 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

The bill modifies definitions regarding imitation and counterfeit controlled substances.

• 1S.H.B. 78 – Weapons Revisions – Feb. 5^th2010 – 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.

• H.B. 98 – State Engineer Bonding Requirements – Feb. 5^th 2010 – 66/0 votes – Sponsored  by Rep. Ryan D. Wilcox (R-Ogden)

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

• H.B. 201 – State Fire Marshal Modifications – Feb. 5^th2010 – 41/28 votes – Sponsored by Rep. Ronda Rudd Menlove (R-Garland)

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.

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

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)

Utah State Legislature Highlights for January 25^th- 29^th

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.) 

• H.B. 14 – Juvenile Transfers From Justice Court – Jan. 26, 2010 – 68/0 votes – by Rep. Kay L. McIff (R- Richfield)

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.

• H.B. 15 – Deferred Deposit Lending Amendments – Jan. 26, 2010 – 65/8 votes – Sponsored by Rep. James A. Dunnigan (R-Taylorsville)

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. 

• H.B. 24 – Economic Development Incentives Act Amendments – Jan. 26, 2010 – 63/9 votes – Sponsored by Rep. Brent C. Wallis (R-Ogden)

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.

• H.B. 26 – Brine Shrimp Royalty Act Amendments – Jan. 26, 2010 – 73/0 votes – Sponsored by Rep. Todd E. Kiser (R-Salt Lake)

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.

• H.B. 27 – Per Diem and Travel Expense – Jan. 26, 2010 – 70/3 votes – Sponsored by Rep. Craig A. Frank (R-Pleasant Grove)

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.

• H.B. 28 – Controlled Substance Database Amendments – Jan. 26, 2010 – 66/3 votes – Rep. Bradley M. Daw (R-Orem)
• H.B. 35 – Controlled Substance Database – Reporting of Prescribed Controlled Substance Overdose or Poisoning – Jan. 26, 2010 – 67/3 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)
• H.B. 36 – Controlled Substance Database – Reporting Convictions for Driving Under the Influence or Impaired Driving – Jan. 27, 2010 – 73/0 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)

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

• H.B. 31 – Wildlife Licenses, Certificates, or Permit Amendments – Jan. 26, 2010 – 58/15 votes – Sponsored by Rep. Francis D. Gibson (R-Ogden)

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.

• H.B. 32 – Livestock Damage Compensation Amendments – Jan. 26, 2010 – 69/1 votes – Sponsored by Rep. Melvin R. Brown (R-Coalville)

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.

• H.B. 33 – Groundwater Recharge and Recovery Act Amendments – Jan. 27, 2010 – 67/0 votes – Sponsored by Rep. Michael E. Noel (R-Kanab)

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.

• H.B. 40 – Utah Life and Health Insurance Guaranty Association Amendments – Jan. 27, 2010 – 72/0 votes – Sponsored by Rep. James A. Dunnigan (R-Taylorsville)

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.

• H.B. 44 – Referendum Ballot Proposition – Jan. 27, 2010 – 70/2 votes – Sponsored by Rep. Fred R. Hunsaker (R-Logan)

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.

• H.B. 46 – Motor Vehicle Act Amendments – Jan. 27, 2010 – 73/0 votes – Sponsored by Rep. Julie Fisher(R-Fruit Heights)

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.

• H.B. 49 – Amendments Related to a Tax, Fee, or Charge Administered by the State tax Commission – Jan. 27, 2010 – 72/0 votes – Sponsored by Rep. Todd E. Kiser (R-Salt Lake)

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.

• H.B. 50 – Sales and Use Tax Modifications – Jan. 27, 2010 – 72/0 votes – Sponsored by Rep. Wayne A. Harper (R-Salt Lake)

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.

• H.B. 57 – Extension of Sunset for Design – Build Contract Award Authorization – Jan. 27, 2010 – 66/2 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

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

• H.B. 58 – Utah Generated Renewable Energy Electricity network Authority Board Amendments – Jan. 27, 2010 – 66/0 votes – Sponsored by Rep. Roger E. Barrus (R-Centerville)

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

• H.B. 38 – Scheduling of controlled Substances – Jan. 28, 2010 – 67/3 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

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.

• H.B. 53 – Foreclosure Rescue and Loan Modification Amendments – Jan. 28, 2010 – 69/0 votes – Sponsored by Rep. Ryan D. Wilcox (R-Syracuse)

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.

• H.B. 59 – Campaign Finance Revisions – 1/28 – 70/1 votes – Sponsored by Rep. Keith Grover (R-Provo)

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.

• H.B. 213 – Cigarette Tax Exemption Amendments – Jan. 29, 2010 – 61/0 votes – Sponsored by Rep. Evan J. Vickers (R-Cedar City)

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

• H.B. 17 – Amendments to Programs for People with Disabilities – Jan. 29, 2010 – 64/0 votes – Sponsored by Rep. Steven R. Mascaro (R-West Jordan)

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

• H.B. 55 – Department of Community and Culture Grants Amendments – Jan. 29, 2010 – 62/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

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.

• H.B. 45 – State Construction Code Adoption – Jan. 29, 2010 – 67/2 votes – Sponsored by Rep. Michael T. Morley (R-Spanish Fork)

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

• H.B. 65 – Amendments Related to Regulation of Insurance Type Products – Jan. 29, 2010 – 64/3 votes – Sponsored by Rep. Jim Bird (R-West Jordan)

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

• H.B. 221 – Sunset Act and Repealers Reauthorization – Jan. 29, 2010 – 56/13 votes – Sponsored by Rep. Kevin S. Garn (R-Layton)

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

• H.B. 73 – Utah Construction Trades Continuing Education Amendments – Jan. 29, 2010 – 68/1 votes – Sponsored by Rep. Michael T. Morley (R-Spanish Fork)

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

• H.B. 42 (1^st Sub.) – School District Employees – Career Status Requirements – Jan. 29, 2010 – 48/19 votes – Sponsored by Rep. Ronda R. Menlove (R-Garland)

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

• H.B. 81 – School Employee Criminal Background Check – Jan. 29, 2010 – 65/0 votes – Sponsored by Rep. Sheryl L. Allen (R-Bountiful)

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

• H.B. 12 – Criminal Homicide and Abortion Amendments – Jan. 29, 2010 – 59/12 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

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.