Week 5 of the Legislative Session

Another week down and only two more left. This session is flying by with more and more important issues coming up daily. I hope you will take the time to review the bills that have passed on the house floor. If you have any questions or concerns please feel free to contact me. Here is what happened this past week.
-Rep. Don Ipson

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.

· H.B. 307 – General County Powers Amendments – Feb. 22^nd 2010 – 69/1 votes – Sponsored by Rep. Gregory H. Hughes (R-Draper)

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.

· H.B. 341 – Uniform Athlete Agents Act – Feb. 22^nd 2010 – 71/0 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

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

· S.B. 126 – Subdivision Amendments – Feb. 22^nd 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.

· H.J.R. 27 – Authentic Charity Health Care Joint Resolution – Feb. 22^nd 2010 – 69/0 votes – Sponsored by Rep. Merlynn T. Newbold (R-South Jordan)

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

· 2S.S.B. 90 – Mental Health Professional Practice Act Amendments – Feb. 22^nd 2010 – 72/0 votes – Sponsored by Sen. Lyle W. Hillyard, Rep. Ronda R. Menlove (R-Garland)

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

· 1S.H.B. 92 – Moist Snuff Taxation Revisions – Feb. 22^nd 2010 – 72/0 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)

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

· H.B. 174 – License Plates Amendments – Feb. 22^nd 2010 – 39/33 votes – Sponsored by Rep. Paul Ray (R-Clearfield)

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

· H.B. 315 – Utah Public Notice Website Amendments – Feb. 22^nd 2010 – 53/15 votes – Sponsored by Rep. Kraig Powell (R-Heber City)

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.

· H.B. 316 – Disabled Veterans Property Tax Exemption Amendments – Feb. 22^nd 2010 – 70/0 votes – Sponsored by Rep. Gregory H. Hughes (R-Draper)

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

· H.B. 381 – Municipal Land Use Provisions – Feb. 22^nd 2010 – 72/0 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

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

· H.B. 80 – Public Access to Private Stream Beds – Feb. 22^nd 2010 – 23/50 FAILED – Sponsored by Rep. Lorie D. Fowlke (R-Orem)

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

· 1S.H.B. 141 – Recreational Use of Public Water on Private Property – Feb. 23^rd 2010 – 50/25 votes – Sponsored by Rep. Kay L. McIff (R-Richfield)

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

· H.B. 136 – Jail Contracting and Reimbursement – Feb. 23^rd 2010 – 68/6 votes – Sponsored by Rep. Michael E. Noel (R-Kanab)

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.

· H.B. 190 – Disclosure of Methamphetamine Contaminated Property Act Amendments – Feb. 23^rd 2010 – 19/52 votes FAILS (Reconsideration Feb. 24^th : 44/27) – Sponsored by Rep. Steven R. Mascaro (R-West Jordan)

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

· H.B. 303 – Protections for Victims of Domestic Violence – Feb. 23^rd 2010 – 69/0 votes – Sponsored by Rep. Eric K. Hutchings (R-Kearns)

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

· H.C.R. 7 – Credit Scores Concurrent Resolution – Feb. 23^rd 2010 – 69/1 votes – Sponsored by Rep. Douglas C. Aagard (R-Kaysville)

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.

· 1S.H.B. 60 – Water Conveyance Facilities Safety Act – Feb. 23^rd 2010 – 58/14 votes – Sponsored by Rep. Fred R. Hunsaker (R-Logan)

This bill addresses management plans for water conveyance facilities.

· 1S.H.B. 378 – Motor Vehicle Insurance Requirements – Feb. 24^th 2010 – 62/0 votes – Sponsored by Rep. Todd E. Kiser (R-Sandy)

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

· H.B. 426 – Bail Bond License Representation Amendments – Feb. 24^th 2010 – 65/0 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

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

· H.C.R. 12 – Printing and Graphic Arts Recognition Month Concurrent Resolution – Feb. 24^th 2010 – 67/0 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)

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

· H.C.R. 13 – Concurrent Resolution on Providing Continuing Federal Financial Assistance for the Delivery of Basic Services to Dutch John, Utah – Feb. 24^th 2010 – 64/0 votes – Sponsored by Rep. Melvin R. Brown (R-Coalville)

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. 24^th 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. 24^th 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. 24^th 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. 24^th 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. 24^th 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.

· S.B. 58 – Transportation Expenses for Defendants – Feb. 24^th 2010 – 72/0 votes – Sponsored by Sen. J. Stuart Adams, Rep. Richard A. Greenwood (R-Roy)

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

· H.C.R. 11 – Taiwan Concurrent Resolution – Feb. 24^th 2010 – 62/0 votes – Sponsored by Rep. Rebecca D. Lockhart (R-Provo)

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.

· 1S.S.B. 41 – Drug Utilization Review Board Amendments – Feb. 24^th 2010 – 63/7 votes – Sponsored by Sen. Peter C. Knudson, Rep. Ronda R. Menlove (R-Garland)

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

· S.B. 102 – Restricting the Movement of a Motor Vehicle – 39/32 votes – Sponsored by Sen. Brent H. Goodfellow, Rep. R. Curt Webb (R-Logan)

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

· H.J.R. 21 – Joint Resolution of Energy Policy – Feb. 24^th 2010 – 52/18 – Sponsored by Rep. Michael E. Noel (R-Kanab)

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

· H.B. 227 – Licensing Eligibility – Feb. 24^th 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.

· H.B. 318 – Revolving Loan Fund for Certain Energy Efficient Projects Amendments – Feb. 25^th 2010 – 71/0 votes – Sponsored by Rep. Roger E. Barrus (R-Centerville)

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

· H.J.R. 31 – House Joint Rules Legislation Review Note Procedures Amendments – Feb. 25^th 2010 – 73/0 votes – Sponsored by Rep. Ben C. Ferry (R-Corinne)

This resolution modifies procedures governing legislative review notes.

· H.B. 310 – Spending Limits Amendments – Feb. 25^th 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.

· H.B. 349 – Sales and Use Tax Amendments – Feb. 25^th 2010 – 70/0 votes – Sponsored by Rep. Wayne A. Harper (R-West Jordan)

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

· H.B. 103 – Reduced Speed School Zone Amendments – Feb. 25^th 2010 – 72/0 votes – Sponsored by Rep. Stephen E. Sandstrom (R-Orem)

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

· S.B. 10 – Criminal Offense Penalties Amendments – Feb. 25^th 2010 – 70/0 votes – Sponsored by Sen. Jon J. Greiner, Sen. Curtis Oda (R-Clearfield)

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.

· S.J.R. 6 – Joint Resolution – State Sovereignty and Tenth Amendment – Feb. 25^th 2010 – 48/18 votes – Sponsored by Sen. Howard A. Stephenson, Rep. Carl Wimmer (R-Herriman)

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.

· H.B. 187 – Peace Officer Standards and Training Amendments – Feb. 25^th 2010 – 68/0 votes – Sponsored by Rep. Carl Wimmer (R-Herriman)

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.

· H.J.R. 16 – Joint Resolution Supporting Kane County Expansion of Correctional Facilities – Feb. 25^th 2010 – 66/6 votes – Sponsored by Rep. Michael E. Noel (R-Kanab)

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

· 1S.H.B. 298 – Land Use Authority Notification of Canal Development – Feb. 25^th 2010 – 71/0 votes – Sponsored by Rep. Ben C. Ferry (R-Corinne)

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. 25^th 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.

· H.B. 401 – Residential Facilities for Elderly Persons – Feb. 25^th 2010 – 72/0 votes – Sponsored by Rep. Bradley M. Daw (R-Orem)

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

· 1S.H.B. 150 – Administrative Subpoena Amendments – Feb. 25^th 2010 – 33/41 FAILS (Reconsideration: 48/20 votes PASS) – Sponsored by Rep. Bradley M. Daw (R-Orem)

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. 25^th 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.

· H.B. 143 – Eminent Domain Authority – Feb. 25^th 2010 – 57/13 votes – Christopher N. Herrod (R-Provo)

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. 25^th 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.

· H.B. 364 – Right of Identity Theft Victim to Civil Cause of Action – Feb. 26^th 2010 – 69/0 votes – Sponsored by Rep. Julie Fisher (R-Fruit Heights)

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

· S.J.R. 2 – Joint Resolution on Combating and Reducing Gang Activity – Feb. 26^th 2010 – 71/0 votes – Sponsored by Sen. Luz Robles, Rep. Ryan D. Wilcox (R-Ogden)

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

· H.B. 21 – Expungement Revisions – Feb. 26^th 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. 26^th 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.

· H.B. 93 – Motorcycle and Off-Highway Vehicle Amendments – Feb. 26^th 2010 – 71/0 votes – Sponsored by Rep. Ronda R. Menlove (R-Garland)

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.

· 1S.H.B. 214 – Concealed Firearm Permit Modifications – Feb. 26^th 2010 – 73/0 votes – Sponsored by Rep. Rebecca D. Lockhart (R-Provo)

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

· 3S.S.B. 43 – Post-Retirement Employment Amendments – Feb. 26^th 2010 – 55/20 votes – Sponsored by Sen. Daniel R. Liljenquist, Rep. Brad L. Dee (R-Ogden)

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.

· 3S.S.B. 63 – New Public Employees’ Tier II Contributory Retirement Act – Feb. 26^th 2010 – 46/26 votes – Sponsored by Sen. Daniel R. Loljenquist, Rep. Brad L. Dee (R-Ogden)

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.

· 2S.H.B. 139 – Emergency and Disaster Management Amendments – Feb. 26^th 2010 – 68/2 votes – Sponsored by Rep. Curtis Oda (R-Clearfield)

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. 26^th 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.

· S.B. 124 – Military Installation Development Authority Modifications – Feb. 26^th 2010 – 62/9 votes – Sponsored by Sen. Jerry W, Stevenson, Rep. Brad L. Dee (R-Ogden)

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