Utah Legislature Highlights for Week 6: Mar. 1st- 4th

                  The Governor gave the Legislature a shout out this week and told the press he feels pretty good about the state budget, particularly when it comes to public education. Speaker Lockhart has reiterated her trust in the legislative process throughout this session; it has been difficult to ensure government is fiscally responsible with the people’s money but we are on track to fund public education.

House bill 328 The Utah House has passed a bill requiring state agencies to keep office hours five days a week, changing it from the 4-day work week for agencies set by the executive branch under Governor Jon Huntsman Jr. Rep. Mike Noel of Kanab says his House Bill 328 State Government Work Week wouldn't eliminate the four-day workweek for most state employees.

 

The House unanimously passed an immigration bill, HB 466 Migrant Workers and Related Commission Amendments. House Bill 466 will allow for the state to create a working relationship for migrant workers with the state of Nuevo Leon in Mexico. Utah businesses would be able to go to the state and ask for certain numbers of migrant workers to come to Utah from Mexico and perform the work needed for a certain amount of time.

 

Thursday, former NBA star and former candidate for the Utah House of Representatives Shawn Bradley stopped by the House floor.  As of mid-day Thursday there have been 223 bills passed at the 2011 General Session. There were 498 House bills introduced and 132 substitute House bills. There were also 19 House concurrent resolutions, 49 House joint resolutions and four House resolutions. This brings the total for the House bills to 702. Of those, 125 bills were passed.

 

Week 6 – Bills Passed

 

HB 54 Electronic Communications in Public Meetings

Sponsored by Rep. Kraig Powell

Allows a member of a public body to transmit an electronic message to other members of the public body when the public body is not convened in an open meeting.

 

HB 73 Motor Carrier Transportation Contract Indemnity Agreements

Sponsored by Rep. Don Ipson

Any provision in a motor carrier transportation contract that requires either part or either party’s surety or insurer to indemnify or hold harmless the other party against liability for death, personal injury, or property damage caused by the negligence of the other part is void.

 

HB 87 School Finance Amendments

Sponsored by Rep. Merlynn Newbold

Increases the voted leeway and board guarantees each year by .0005 times the value of the prior year’s weighted pupil unit.

 

HB 95 Amendments to Traffic Code Provisions

Sponsored by Rep. Lee Perry

Careless driving includes committing certain traffic violations while being distracted through fatigue or illness.

 

HB 116 Utah Immigration Accountability and Enforcement Amendments

Sponsored by Rep. Bill Wright

Enacts the Utah Immigration Accountability and Enforcement Act. Requires implementation to be consistent with federal laws, and civil rights, and also establishes a guest worker program.

 

HB 122 Firearms Amendments

Sponsored by Rep. Stephen Sandstrom

The Bureau of Criminal Identification may deny, suspend, or revoke a concealed firearm permit on the basis of an indictment for a crime of violence in any state, but shall reverse that action upon notice of dismissal or the indictment or acquittal.

 

HB 132 Water Quality Amendments

Sponsored by Rep. Bill Wright

Authorizes the Water Quality Board to make rules relating to agriculture water that are more stringent than federal regulations if the Conservation Commission approves.

 

HB 130 Surplus Property Amendments

Sponsored by Rep. Ryan Wilcox

Moves state surplus property program from the Division of Fleet Operations of the Department of Administrative Services to the Division of Purchasing and General Services in the same department.

 

HB 134 Collection of Front-Line Teachers Data

Sponsored by Rep. Jim Nielson

Requires school districts and character schools to report data to the State Board of Education for a future program that will provide for the distribution of additional WPUs to qualify district or charter school.

 

HB 137 Transportation Changes

Sponsored by Rep. Ken Sumsion

The Division of Forestry, fire, and State Lands may not issue a lease for the construction of a highway facility over sovereign lakebed lads unless the lease applicant submits an approval for the construction of the highway facility from the Transportation Commission with the application for the lease.

 

HB 138 Federal Receipts Reporting Requirements

Sponsored by Rep. Ken Ivory

Requires certain state agencies to prepare and submit a report to the Division of Finance on federal receipts received by that state agencies.

 

HB 140 Divorce Waiting Period Amendments

Sponsored by Rep. Val Peterson

Restores the 90-day waiting period before a hearing may be held in a divorce, and creates an exception if the court finds that extraordinary circumstances exist that allow the waiver of the 90-day period.

 

HB 148 Raw Honey Amendments

Sponsored by Rep. Stephen Sandstrom

Requires that honey produced, packaged, repacked, distributed, or sold in the state may only be labeled as raw honey if it meets the definition of raw honey)as it exists in the beehive obtained by extraction.

 

HB 153 County Correctional Facilities Funding Amendments

Sponsored by Rep. Mike Noel

The compensation rate for housing state inmates shall be 73% of the final state daily incarceration rate for beds in a county.

 

HB 156 Assessment of Property with Conservation Easement

Sponsored by Rep. Dixon Pitcher

County assessor is required to consider in assessing property that is subject to a conservation easement and requires the property owner to notify the county assessor of the conservation easement.

 

HB 168 Child Identity Theft Protection Amendments

Sponsored by Rep. Rep. Hutchings

Authorizes the Department of Workforce Services to notify the owner of personal identifying information or provide information to an appropriate law enforcement agency responsible for investigating and identity fraud violation if an individual younger than 18 years of age or the parent/guardian of the individual has enrolled the individual in a child identity protection plan.

 

HB 191 Nonresident Tuition Waiver Amendments

Sponsored by Rep. Carl Wimmer

Requires a student to prove that he/she, or the student’s parent or legal guardian, paid Utah income taxes during the prior three years to qualify for an exemption from the nonresident portion of total tuition.

 

HB 194 Service Contract Act Amendments

Sponsored by Rep. Johnny Anderson

Addresses notice requirements and remedy provisions.

 

HB 204 Protection of Athletes with Head Injuries

Sponsored by Rep.  Paul Ray

Requires an amateur sports organization to adopt and enforce a concussion and head injury policy and inform a parent or legal guardian of the policy and obtain the parent’s or legal guardian’s signature on the policy before permitting a child to participate in a sporting event.

 

HB 212 Charges by Health Providers for Medical Records

Sponsored by Rep. Francis Gibson

Establishes a time limitation for a health care provider to provide medical records to a patient, a patient’s personal representative, or a third party. A health care provider may charge when copying a patient’s medical records.

 

HB 224 Radio Frequency Identification

Sponsored by Rep. Wayne Harper

Provides criminal and civil penalties for requiring, coercing, or compelling a person to undergo the subcutaneous implanting of a radio frequency identification tag

 

HB 249 Growing of Food

Sponsored by Rep. Chris Herrod

Recognizes right of an individual to grow food for personal use of the individual and the individual’s family, on the individual’s property, without being subject to local, state, or federal regulation.

 

HB 263 Local District Services Amendments

Sponsored by Rep. David Clark

Authorizes a local district board of trustees to compel the attendance of its own members, and authorizes a local district to deliver a service beyond its boundaries in certain circumstances.

 

HB 265 Motor Vehicle Emissions Amendments

Sponsored by Rep. Francis Gibson

Certain county regulations and ordinances shall be compliant with the analyzer design and certification requirements contained in the state implementation.

 

HB 269 Commission on Civic and Character Education

Sponsored by Rep. LaVar Christensen

Requires school districts to submit a summary report to the lieutenant governor and Commission on civic and Character Education on how civic and character education is integrated in school curriculum.

 

HB 271 Restrictions on Political Subdivisions Regarding the Regulation of Knives

Sponsored by Rep. Ryan Wilcox

Prohibits a municipality, county and local district from regulating the use of a knife unless specifically authorized.

 

HB 277 Sales and Use Tax Revisions

Sponsored by Rep. Wayne Harper

Addresses the sales and use taxation of certain computer software and purchases of a computer software maintenance contract.

 

HB 280 State Agency Realignment

Sponsored by Rep. Wayne Harper

Establishes the Advisory Council on Optimizing and Streamlining State Government. It also establishes its membership and specifies duties of the council, which include the study of consolidating state agencies.

 

HB 287 Radio Frequency Identification

Sponsored by Rep. Wayne Harper

Provides criminal and civil penalties for requiring, coercing, or compelling a person to undergo the subcutaneous implanting of a radio frequency identification tag

 

HB 288 Concurrent Enrollment Transcripts

Sponsored by Rep. Ronda Menlove

Requires the State Board of Regents and State Board of Education to coordinate advising to prospective and current high school students participating in concurrent enrollment.

 

HB 293 Underground Storage Tank Act Amendments

Sponsored by Rep. Kay McIff

Eliminates a requirement that the state risk manager petition the Legislature to increase certain fees if the risk manager determines that the Petroleum Storage Tank Trust Fund is not actuarially sound.

 

HB 295 Outdoor Advertising Amendments

Sponsored by Rep. Mike Noel

Provides that an illumination standard adopted by any jurisdiction shall be uniformly applied to all sings, public or private, on or off premise. Increases the amount the Department of Transportation is entitled to recover in certain circumstances for unlawful outdoor advertising.

 

HB 301 School District Property Tax Revisions

Sponsored by Rep. Newbold

Repeals the authority of a school district to impose certain property tax levies, and authorizes a school district to impose a board local levy and capital local levy.

 

HB 303 Prepaid Wireless 911 Service Charge

Sponsored by Rep. Brad Dee

Provides for the collection of a prepaid wireless 911 service charge from a prepaid wireless customer at the point of retail sale. Allows a seller and the State Tax Commission to each retain a portion of money collected from the charge for administration.

 

HB 314 Insurance Requirements for Child Care Buses

Sponsored by Rep. Johnny Anderson

Provides that the Department of Transportation shall not require a motor carrier to comply with certain federal minimum security requirements if the motor carrier meets certain specified criteria.

 

HB 316 Taxation of Surplus Lines of Insurance

Sponsored by Rep. Todd Kiser

Prohibits local taxation of surplus lines insurance transactions and addresses the collection of taxes and fees for coverage of property, risks, or exposures located or to be performed in and out of this state.

 

HB 317 Currency Amendments

Sponsored by Rep. Brad Galvez

Recognizes gold and silver coin issued by the federal government to be legal tender in the state, but does not compel a person to tender or accept gold and silver coin.

 

HB 323 Multicounty Appraisal Trust Amendments

Sponsored by Rep. Gage Froerer

Requires county assessors to use the mass appraisal system selected by the Multicounty Appraisal Trust in conducting property tax assessments.

 

HB 327 Public Education Annual Report Amendments

Sponsored by Rep. LaVar Christensen

Requires State Board of Education to annually report to the Education Interim Committee, the methods used to instruct and prepare students on how to become informed and responsible citizens through an integrated curriculum taught in connection with regular school work.

 

HB 328 State Government Work Week

Sponsored by Rep. Mike Noel

Requires a state agency in the executive branch to operate nine hours Monday through Friday.

 

HB 330 Budgetary Procedure Amendments

Sponsored by Rep. Mel Brown

Repeals provisions related to nonlapsing funds, accounts, and account balances.  Converts nonlapsing accounts to dedicated credits.

 

HB 348 Motor Vehicle Light Usage Requirements

Sponsored by Rep. Kraig Powell

Provides that an operator of a vehicle shall turn on the lights or lamps of the vehicle on a highway when windshield wipers are activated due to fog, rain, hail, sleet or snow.

 

HB 351 Homeless Coordinating committee Modifications

Sponsored by Rep. Val Peterson

Provides that the membership of the Homeless Coordinating Committee shall include the lieutenant governor, and that the lieutenant governor shall serve as the chair of the Homeless Coordinating Committee.

 

HB 358 Access to Controlled Substance Database Revisions

Sponsored by Rep. Steve Eliason

Provides controlled substance database access to employees of the Office of Internal Audit and Program Integrity within the Department of Health who are engaged in their specified duty of enduing Medicaid program integrity.

 

HB 359 Business Resource Center Advisory Board Modification

Sponsored by Rep. Val Peterson

Changes the name of the advisory board from the Utah business Resource Centers Advisory Board to the Utah Business Assistance Advisory Board.

 

HB 371 Motor Home Taxes and Fees

Sponsored by Rep.

Addresses the fee in lieu of property tax on motor homes.

 

HB 374 Domestic Violence Amendments

Sponsored by Rep. Brad Last

Prevents a person arrested for domestic violence from contacting the alleged victim while the person is detained in a jail and provides a penalty for violation.

 

HB 376 Small Claims Court Jurisdiction

Sponsored by Rep. Becky Edwards

Allows a defendant in an action in district court to remove it to a small claims court in the same jurisdiction if it is less than $10,000 and the plaintiff agrees.

 

HB 385 County Jail Medical Expenses

Sponsored by Rep. Brad Daw

Provides standards regarding when s sheriff is required to provide medical care to persons being held in the county jail.

 

HB 388 Operation and Management of Charter Schools

Sponsored by Rep. Chris Herrod

Provides a chartering entity may use certain data to measure the performance of a charter school and prohibits a charter school from accomplishing the purposes of charter schools.

 

HB 391 National Guard Joint Forces Headquarters Modifications

Sponsored by Rep. Val Peterson

Creates a director of joint staff, and puts the director of joint staff under the adjutant general.

 

HB 392 Retention Elections for Justice Court Judges

Sponsored by Rep. Curt Oda

Allows Judicial Performance Evaluation Commission to evaluate justice court judges.

 

HB 398 Utah State Instructional Materials Access Center Funding

Sponsored by Rep. Steve Handy

If a school district orders materials from the Utah State Instructional Materials Center, the district is required to pay its share of the cost of those materials.

 

HB 400 Regulation of Mining Operations

Sponsored by Rep. Mike Noel

Provides that political subdivisions of the state do not have the authority to regulate mining operations on state and federal land.

 

HB 411 Approaching Stationary emergency Vehicle Amendments

Sponsored by Rep. Don Ipson

Requires an individual who approaches emergency vehicles in violation of current law to attend a four hour classroom course or court traffic school program on defensive driving within 90 days of sentencing/pleading guilty.

 

 HB 412 Land Use Revisions

Sponsored by Rep. Gage Froerer

Prohibits a municipality or a county from enforcing or enacting an ordinance in a way that fails to comply with state or federal law.

 

HB 415 Schools for the Deaf and Blind Foundation

Sponsored by Rep. Steve Handy

Authorizes Utah Schools for the Deaf and Blind to establish a non-profit foundation.

 

HB 420 Water Quality Board Powers

Sponsored by Rep. Julie Fisher

Authorizes the Water Quality to review all total daily maximum load reports and recommendations before submissions to the EPA.

 

HB 421 Use of Public Buildings for Political Caucus Meetings

Sponsored by Rep. Mel Brown

Requires a legislative body of a county, municipality, or school district to make meeting facilities under its control available for political activities if the party requests use of the facility 30 calendar days in advance.

 

HB 432 Nuisance Amendments

Sponsored by Rep. Gage Froerer

Makes clarifying amendments to language regarding manufacturing facilities as nuisances.

 

HB 444 Operation and Maintenance Needs Report for Utah Highways

Sponsored by Rep. Julie Fisher

Requires Utah Department of Transportation to provide an annual report to the Transportation Interim Committee, by November 30 of each year, on the operation and maintenance needs for highways.

 

HB 446 Local District Tax Amendments

Sponsored by Rep. Derek Brown

Amends provisions relating to a local property tax.

 

HB 461 Energy Producer States’ Agreement

Sponsored by Rep. Roger Barrus

Provides for the appointment of legislators to discuss creating a multistate domestic energy development agreement.

 

HB 465 Respecting Our Fallen Heroes Act

Sponsored by Rep. Eric Hutchings

Requires a disruptive activity to be at least 500 feet away from a military memorial service.

 

HB 466 Migrant Workers and Related Commission

Sponsored by Rep.  Stephen Sandstrom

Enacts the Utah Commission on Immigration and Migration Act and requires the monitoring of the pilot program and reporting on information gained.

 

HB 469 Immigration Related Amendments

Sponsored by Rep. John Dougall

Enacts the Utah Pilot Sponsored Resident Immigrant Program Act.

 

HB 470 Authorized Use of a Business Name

Sponsored by Rep. Becky Edwards

Repeals a requirement that a certificate filed with the Division of Corporations and Commercial Code contain certain language. Also repeals a provisions related to a statutory or common law trademark, service mark, or trade name rights granted by state or federal statute.

 

HB 475 State Energy Amendments

Sponsored by Rep. Roger Barrus

Creates the Office of Energy Development and gives the governor’s energy advisor standing to testify on behalf of the governor before the Public Service Commission. Also authorizes the office to seek federal money and participate in federal programs.

 

HB 477 Government Records Amendments

Sponsored by Rep. John Dougall

Provides that voice mails, instant messages, video chats, and text messages are not records subject to the act.

 

HB 481 Transportation of Mental Illness Patients

Sponsored by Rep. Paul Ray

Authorizes a sheriff to charge $2.50 for each mile necessarily traveled, in going only, in transporting a patient to or from a hospital or mental health facility.

HB 482 Long-term Care Facility – Medicaid Certification for Bed Capacity Amendments

Sponsored by Rep. Hutchings

Allows Division of Healthcare Financing within the Department of Health, under certain conditions, to renew Medicaid certification of a nursing care facility not currently certified.

 

HB 487 County Use of Land Use Ordinance

Sponsored by Rep. Bill Wright

Provides that an owner of a platted lot is the owner of record sufficient to re-subdivide the lot in certain circumstances.

 

HB 490 Utah State Flag Day Commemoration

Sponsored by Rep. Julie Fisher

Designates March 9 shall be commemorated annually as Utah State Flag Day.

 

HB 492 Washington County Veterans’ Home

Sponsored by Rep. Don Ipson

For the fiscal year beginning July 1, 2011, and ending June 30, 2012, to the Capitol Budget – Capitol Development, as a one-time appropriation: from the Veterans’ nursing Home Reimbursement Restricted Fund, $6,350,000.

 

HB 493 Utah County Veterans’ Homes

Sponsored by Rep. Don Ipson

Appropriates for the fiscal year beginning July 1, 2011, and ending June 30, 2012: to the Division of Facilities and Construction Management, as a one-time appropriation: from the Veterans’ Nursing Home Reimbursement Restricted Fund, $6,350,000.

 

HB 495 Animal Control Modifications

Sponsored by Rep. John Mathis

Provides the control of the Cat and Dog Community Spray and Neuter Program Restricted Account to the Department of Agriculture.

 

HB 496 Technology and Life Science Economic Development Act and Related Tax Credits

Sponsored by Rep. David Clark

Amends a nonrefundable income tax credit related to capital gain transactions, and also enacts a nonrefundable income tax credit related to the purchase of an ownership interest in certain business entities.

 

HB 497 Utah Illegal Immigration enforcement Act

Sponsored by Rep.  Stephen Sandstrom

Requires than an officer verify the immigration status of a person arrested for a felony or a class A misdemeanor and a person booked for a class B or C.

 

HCR 8 Concurrent Resolution on Providing Continuing Federal financial Assistance for the Delivery of Basic Services to Dutch John, Utah

Sponsored by Rep. Mel Brown

Urges U.S. Government to provide continued financial assistance for 15 years to defray costs of administration and community services to residents of Dutch John, Utah.

 

HCR 13 Secure Rural Schools Concurrent Resolution

Sponsored by Rep. Mike Noel

Expresses support for the reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000, and urges Utah’s congressional delegation to support efforts to reauthorize the Act.

 

HJR 8 Joint Resolution regarding School Supplies

Sponsored by Rep. Kraig Powell

Proposes to amend the Utah Constitution to provide that nothing in the Education article may be construed to prohibit a school or teacher from inviting a student to furnish, on a voluntary basis, school supplies for the student’s own use

 

HJR 11 Joint Resolution Honoring Law Enforcement Officers Killed in the Line of Fire

Sponsored by Rep. Lee Perry

Urges Utah citizens and state and local government entities to recognize May 15 as Peace Officers Memorial Day this year and every year hereafter.

 

HCR 12 Concurrent Resolution Opposing United States Secretary of Interior’s Wilderness Re-inventory

Sponsored by Rep. Mike Noel

Urges U.S. Secretary of the Interior to honor the 2003 Settlement Agreement and abandon the “Wild Lands” re-inventory, and urges Congress to honor the longstanding commitments to multiple use management of public lands in Utah and Western United States.

 

HCR 18 Concurrent Resolution Approving Solid Waste Facility Classification Change

Sponsored by Rep. Brad Dee

Addresses the proposed commercial Weber County C&D Landfill that is currently owned and managed as a Class IVb noncommercial, nonhazardous solid waste landfill by Weber County and located in the county.

 

HJR 19 Joint Resolution Opposing the Environmental Protection Agency’s Regulation of Greenhouse Gases

Sponsored by Rep. Roger Barrus

Calls on Congress to adopt legislation prohibiting the EPA from regulating greenhouse gas emissions without Congressional approval, if necessary, not funding EPA greenhouse gas regulatory activities.


HJR 26 Scofield Land Transfer Joint Resolution

Sponsored by Rep. Patrick Painter

Urges Utah’s congressional delegation to sponsor legislation to resolve the Scofield lands transfer issue as outlined in this resolution, and to make every effort to see it successfully pass the United State Congress.

 

HJR 29 Federalism Interim Committee Joint Resolution

Sponsored by Rep. Chris Herrod

Establishes a legislative interim committee on federalism.

 

HJR 31 Joint Resolution on the Need to Be Self-Sufficient

Sponsored by Rep.  Chris Herrod

Urges U.S. Government to keep and honor its promises as reflected in Utah’s Enabling Act and urges Utah citizens to petition the U.S. Government to place the state of Utah on an “equal footing” with eastern states. Also urges Utah citizens to be self-sufficient in their energy, food, and economic needs.

 

HJR 38 Joint Resolution to Amend Rule of Evidence

Sponsored by Rep. Jim Dunnigan

Amends the Utah Rule of Evidence, Rule 409 regarding expressions of apology by health care professionals and employees.

 

HJR 39 State Jurisdiction of Federally Managed Lands Joint Resolution

Sponsored by Rep. Roger Barrus

Calls on Congress to give the title and jurisdiction over land currently governed by the U.S. Bureau of Land Management.

 

HJR 43 Taiwan Joint Resolution

Sponsored by Rep. Ronda Menlove

Urges Obama Administration to support Taiwan’s inclusion in the United States’ Visa Waiver Program and its meaningful participation in the United Nation’s specialized agencies, program, and convention.

 

HJR 44 50th Anniversary of the Freedom Academy Joint Resolution

Sponsored by Rep. Val Peterson

Recognizes the 50ths anniversary of the Freedom Academy and its important contribution it has made in helping high school student body officers develop leadership skills, a sense of patriotism, and motivation to be actively engaged in preserving the freedoms enjoyed in the United States of America.

 

SB 61 Education for Prescribing Controlled Substances

Sponsored by Rep. Brad Daw

Requires a prescriber applying for a new or renewed controlled substance license to take four hours of controlled substance prescribing classes each licensing period.

 

SB 66 Military Leave for an Elected Official of a Political Subdivision

Sponsored by Rep. Chris Herrod

Authorizes an elected official of a political subdivision to take military leave, and allows governing body to appoint a temporary replacement.

 

SB 87 Marketable Record Title Amendments

Sponsored by Rep. Ryan Wilcox

Expands a provision prohibiting the extinguishment of certain easement rights to apply to any right, title, or interest.

 

SB 108 Joint Use of a Canal or Ditch

Sponsored by Rep. Mel Brown

Requires a person to negotiate in good faith to form a written contract before the use or enlargement of another person’s canal or ditch to convey water.

 

SB 120 Career Service Amendments

Sponsored by Rep. Ryan Wilcox

Exempts employees of the Department of Workforce Services, designated a schedule AW, from the career service provisions of the Utah State Personnel Managements Act. Also changes the repeal date of the transition clause for the Career Service Review Board.

 

SB 124 Leaving a Child Unattended in a Motor Vehicle

Sponsored by Lee Perry

Makes if a class C misdemeanor for a person who is responsible for a child under nine years of age to intentionally, recklessly, knowingly, or with criminal negligence leave a child in an enclosed compartment of a motor vehicle if: the child is not supervised by someone 9 years or older and the conditions present a risk to the child.

 

SB 128 Regulatory Amendments

Sponsored by Rep. Evan Vickers

Requires the Health Data Authority to publish comparative data about physician and clinic quality by October 1, 2011.

 

SB 134 Transparency in Health Care Provider Advertising

Sponsored by Rep. Brad Wilson

Requires the health care provider to include certain information about the license and title of the health care provider in any advertisement for the health care provider’s services.

 

SB 141 Burglary Offense Amendments

Sponsored by Rep. Holly Richardson

Provides that the offense of burglary includes a person entering a building with the intent to commit any act of voyeurism, rather than the current element of intent to commit an act of voyeurism against a child younger than 14 years old.

 

SB 145 Utah Educational Savings Plan Amendments

Sponsored by Rep. Ronda Menlove

Authorizes the plan to own institutional accounts in the plan to establish and administer scholarship programs or other college savings incentive programs.  Exempts plan from provisions of Government Records Access and Management Act. Authorizes board of directors to establish advisory committees.

 

SB 146 Impact Fee Amendments

Sponsored by Rep. Brad Galvez

Enacts provisions regulating the establishment of an impact fee and notice of provisions.

 

SB 157 Property Tax Revisions

Sponsored by Rep. Patrick Painter

Authorizes the State Tax Commission to enter into agreements with commercial or industrial taxpayers providing for equal property tax payments if specified conditions are met. Requires the State Tax Commission to report annually to the Legislature’s Revenue and Taxation Interim Committee.

 

SB 159 Sex Offender Registry Revisions

Sponsored by Rep. Paul Ray

Adds Canada, the UK, Australia, and New Zealand as countries where convictions for sex/kidnap offenses are recognized for purposes of identifying convictions subject to registration. Also requires lifetime registration for the offense of aggravated exploitation of prostitution.

 

SB 172 Political Subdivisions Administration Amendments

Sponsored by Rep. Mike Morley

Prohibits a council in municipal council-manager form of government from: appointing a manager during an interim vacancy period, entering into a contract that contains an automatic renewal provision on or after May 10, 2011.

 

SB 178 Municipal Land Use Amendments

Sponsored by Rep. Dean Sanpei

Amends municipal land use provisions relating to nonconforming uses and nonconforming structures.

 

SB 188 Tax Commission Amendments

Sponsored by Rep. Wayne Harper

Exempts State Tax Commission from the Open and Public Meetings Act when considering or acting on certain confidential matters.

 

SB 191 Worker’s Compensation Coverage Waivers

Sponsored by Rep. Todd Kiser

Repeals the authorization for insurers to issue worker’s compensation waivers and enacts the Workers’ Compensation Coverage Waivers Act.

 

SB 200 State Debt Collections Amendments

Sponsored by Rep. Mel Brown

Moves Office of State Debt Collection from the Department of Administrative Services to the Division of Finance.

 

SB 203 Executive Residence Commission

Sponsored by Rep. Gage Froerer

Expands membership and duties of the commission, and requires the commission to meet at least once a year and make any recommendations to the State Building Board.

 

SB 204 Capital Development and improvement Process Approval Requirements Amendments

Sponsored by Rep. Gage Froerer

Modifies circumstances under which legislative approval is not required for a capital development project.

 

SB 212 Judicial Evaluation Amendments

Sponsored by Rep. Curt Oda

Allows the Judicial Performance Evaluation Commission to vote in a closed meeting on whether or not to recommend that the voters retain a judge and requires that any record of an individual commissioner’s vote be a protected record.

 

SB 214 Motor Vehicle Rental Company

Sponsored by Rep. Ryan Wilcox

A motor vehicle rental company may include separately stated surcharges, fees, or charges in a rental agreement, including motor vehicle license cost recover y fees, airport access fees and airport concession fees.

 

SB 230 DNA Amendments

Sponsored by Rep. Ryan Wilcox

Authorizes the Department of Public Safety to reimburse sheriffs for collecting DNA specimens.

 

SB 242 Assessment Area Amendments

Sponsored by Rep. Mike Morley

Amends provisions relating to an assessment area consisting of unimproved property

 

SB 271 Eminent Domain Revisions

Sponsored by Rep. Mike Morley

Amends provisions authorizing an entity to exercise eminent domain for: a byroad leading from a highway to a residence/development/farm and sewage service for a development.

 

SB 290 Abatement of Weeds, Garbage, Refuse, and Unsightly Objects

Sponsored by Rep. Eric Hutchings

Provides that an owner or occupant may select a person to provide an abatement services with certain exceptions.

 

HB 296 Highway Construction Contract Amendments

Sponsored by Rep. Curt Oda

Requires the department to allow a local highway authority to be an additional contracting party for a federal-aid highway construction contract on a class B or C road along with the department.

 

SCR 9 Philo T. Farnsworth Concurrent Resolution

Sponsored by Rep. Mike Noel

Recognizes Philo T. Farnsworth for his pioneering work in the invention of the television and for his many other inventions that have impacted the lives of millions of people around the world.

 

SCR 11 Dixie State College Concurrent Resolution

Sponsored by Rep. Don Ipson

Expresses support for Dixie State College’s plan, as presented to the Utah State Board of Regents, for achieving university status.

 

SCR 12 Wear Red Month Concurrent Resolution

Sponsored by Rep. Ronda Menlove

Designates February as Wear Red Month in the state of Utah and urges all citizens to show their support for women and the fight against heart disease.

 

SCR 13 Rotary Club Concurrent Resolution

Sponsored by Rep. Greg Hughes

Designates May 6, 2011, as Sugar House Rotary Club Day in the state of Utah.

 

SCR 14 Concurrent Resolution Honoring Providers of Health Care Services to Military Personnel and Their Dependents

Sponsored by Rep. Steve Handy

Expresses gratitude to the hospitals, clinics, facilities, institutions, and individual providers of health care who serve the needs of Utah’s military personnel, their families, and those retired from military service.

 

SJR 13 Joint Resolution – Request for Proposals

Sponsored by Rep. David Butterfield

Requires that the determination to issue a request for proposal (RFP) for the legislative branch is the responsibility of the Legislative Management Committee. The Legislative Management Committee shall assign eh drafting of the RFP to the Office of Legislative Research and General Counsel (OLRGC).

 

SJR 14 Communications Device Usage Joint Resolution

Sponsored by Rep. John Dougall

The presiding officer, the majority leader, and the minority leader of each house may establish reimbursement policies and procedures for expenses incurred for approved communication devices. Also requires the Legislative Oversight Committee to ensure that the procedures are established for the purpose of avoiding duplicate or improper reimbursements. Permits a legislator to decline to receive a reimbursement or to receive a partial/reduced reimbursement amount.

 

SJR 21 Relations with the Republic of Turkey Joint Resolution

Sponsored by Rep. Eric Hutchings

Encourages creation of a Utahn-Turkish Friendship Task Force by members of the Utah Legislature for further long standing Utah-Republic of Turkey Relations.

 

SJR 25 Federal Law Joint Resolution

Sponsored by Rep. Lee Perry

Recognizes government should be held accountable to the people and return to them control over their lives while making it better able to help solve their problems and serve the common good.

 

 

  

 

A Message from House Republicans

At the beginning of the session we began to address a $315 million hole in the budget called the “structural imbalance.” Over the first four weeks we put together a base budget with cuts across the board to address that problem. The understanding has always been that the base budget is a starting point, like pouring the foundation of a building before you can build the walls.

Since we introduced our base budget, the rumor mill has been buzzing with stories that the Legislature will not fund new student growth and is making “draconian” cuts public education funding.

We thought it would be best to set the record straight: Many lawmakers have children, grandchildren, not to mention thousands of constituents in using Utah public schools. So it is an issue that is very personal to them. Balancing the budget and correcting the structural imbalance while funding quality education is a difficult process, but it’s a challenge we are happy to accept. It’s a challenge you elected us to handle. And we have: the entire Republican caucus, and the public education appropriations and executive appropriations committees have spent countless hours reviewing, discussing, debating and preparing the public education budget.

The final budget will be different from the base budget and part of that is anticipated to be funding millions of dollars for new growth. Two weeks ago in our Republican caucus meeting, we released our top three priorities, which include a focus on accountability and excellence in education: Utah has unique challenges with an exploding student population; this requires serious solutions on the part of the Legislature. Excellence is about improving student performance and exploring the best possible ways to deliver quality education. Accountability means that the state, school districts and teachers must be responsible for ensuring the ongoing success of the students

Utah Legislature Highlights for Week 4: Feb 14th-18th

End of week 4 and things are starting to pick up.  The Republican caucus has discussed education at length and will continue to do so.  Presidential hopeful Mitt Romney stopped by Utah’s Capitol to talk to legislators and share some of his love for Utah.  Speaking of his experience with the 2002 Olympic Games, he said: “This is a place of great passion and energy and the volunteers here and the spectators from Utah made the Games the greatest ever.”

 

On the House floor, we OK’d body armor for dogs, agreed that refugees could take their first driver’s license test with the help of an interpreter and passed a resolution calling on our federal government to pass a balanced budget amendment.

 

We celebrated Latino Day on the Hill and honored those who served in the military.  Our appropriations sub-committees finished their work and sent their final recommendations to the Executive Appropriations Committee.  The newest budget numbers are expected to be out on Tuesday.

 

Week 4

HB 10 Renewal of Judgment Act

Sponsored by Rep. Gage Froerer (R –Huntsville)

Establishes a process and fee for renewal of judgments, and the renewal period will be eight years.

 

HB 18 Health Reform – Cost Containment

Sponsored by Rep. Brad Daw (R –Orem)

Requires consumer directed health plans offered by the Utah State Retirement and Insurance Benefit Act to promote appropriate utilization of health care, including preventive health care benefits. Also requires state employees to attend training regarding health benefit plans that are offered.

 

HB 19 Insurance Law Related Amendments

Sponsored by Rep. Jim Dunnigan (R –Taylorsville)

This bill removes outdated language, addresses grace periods for accident and health insurance policies, addresses a written agreement related to a voluntary surrender of a license, addresses fees for captive insurance companies and also deals with regulation of insurance and insurance products.

 

HB 23 Controlled Substance Modification

Sponsored by Rep. Gage Froerer (R –Huntsville)

Definition of a controlled substance now includes a list of synthetic equivalent cannabinoid substances and their analogs and homologs found in products referred to as “spice”.

 

HB 46 County Recorder Amendments

Sponsored by Rep. Curt Webb (R –Logan)

Modifies provisions related to judgments affecting real estate, notarization requirements for recorded documents and extensions of judgments liens.

 

HB 50 School Termination Procedures Modifications

Sponsored by Rep. Ronda Menlove (R –Garland)

Clarifies that a school district or the Utah Schools for the Deaf and Blind is not required to provide a cause for not offering a contract to a provisional employee.

 

HB 61 Home Business Workers’ Compensation Amendments

Sponsored by Rep. Richard Greenwood (R –Roy)

This bill defines that a home business is not considered an employer of an owner’s immediate family member for purposes of worker’s compensation.

 

HB 70 Illegal Immigration Enforcement Act

Sponsored by Rep. Stephen Sandstrom (R –Orem)

Allows state and local authorities to enforce current federal immigration laws with illegal immigrants who are guilty of a criminal offense.

 

HB 73 Motor Carrier Transportation Contract Indemnity Agreements

Sponsored by Rep. Don Ipson(R –St. George)

Holds harmless the promise from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promise is against the public policy of this state and is void and unenforceable.

 

HB 75 Dangerous Weapon Amendments

Sponsored by Rep. Curt Oda (R –Clearfield)

This bill defines locations where a person may not possess a dangerous weapon, firearm or sawed-off shotgun.

 

HB 79 Property and Casualty Certificate of Insurance Act

Sponsored by Rep. Todd Kiser (R –Sandy)

This bill requires certain language to be included in a certificate of insurance, prohibits false and misleading practices, addresses notice requirements, provides for enforcement and authorizes rulemaking.

 

HB 80 Emergency Management

Sponsored by Rep. Curt Oda (R –Clearfield)

Sets the residential climate control system technicians to complete electricity efficiency training, and sets the residential climate control system technician-to-apprentice ratio.

 

HB 81 Tow Truck Amendments

Sponsored by Rep. Lee Perry (R –Perry)

Allows tow truck carriers to cross certain road barriers and certain circumstances and provides a good faith exception for cargo damaged when responding to a service call.

 

HB 88 Agriculture Sustainability Task Force

Sponsored by Rep. Jack Draxler (R –North Logan)

This bill creates a task force to study ways to sustain the agricultural industry.

 

HB 91 Real Estate Related Amendment

Sponsored by Rep. Gage Froerer(R –Huntsville)

Amends the Utah Uniform Land Sales Practices Act; repeals extradition proceedings, addresses payments to the division that are dishonored, license term extensions and modifies grounds for disciplinary conduct.

 

HB 92 Public Education Regional Service Centers

Sponsored by Rep. Brad Last (R –Hurricane)

Encourages local school boards to enter into a interlocal agreement to create a regional service center to provide education related services.

 

HB 93 Mortgage and Real Estate Licensure Exemptions for Attorneys

Sponsored by Rep. LaVar Christensen (R –Draper)

Addresses the licensure exemption related to residential mortgage loans and an attorney.

 

HB 103 Election Amendments

Sponsored by Rep. Derek Brown (R –Cottonwood Heights)

This bill requires that a county stagger the terms of county officers.

 

HB 107 Volunteer Firefighters’ Retirement Amendments

Sponsored by Rep Ronda Menlove (R –Garland)

Requires the Retirement Office to fund the long-term disability benefits for new volunteer firefighters using certain premium tax revenues previously deposited into the firefighters’ Retirement Trust Fund.

 

HB 163 Revisor’s Amendments

Sponsored by Rep. Brad Dee(R –Ogden)

Eliminates references to repealed provisions, updates cross references and numbering in the Utah Code.

 

HB 167 Incarceration Amendments

Sponsored by Rep. Eric Hutchings (R –Kearns)

If a person serving a felony commitment at the Utah State Prison at the beginning of a class A misdemeanor conviction, the class A misdemeanor commitment is the Utah State Prison.

 

 

 

HB 175 Condominium Ownership Act Modifications

Sponsored by Rep. Ryan Wilcox (R –Ogden)

This modifies requirements about the keeping and availability of condominium records.

 

HB 177 Canine Body Armor Restricted Account and Income Tax Contribution

Sponsored by Rep. Richard Greenwood (R – Roy)

This bill creates a Canine Body Armor Restricted Account for the purchase of protective body coverings (body armor) for police service canines to protect against gunfire.

 

HB 178 Dispatcher Service Amendments

Sponsored by Rep. Richard Greenwood (R – Roy)

Changes time period for becoming inactive from one year to 18 months, and also if a dispatcher relinquishes certification when a disciplinary procedure is pending, the dispatcher may not be certified again as a dispatcher in Utah.

 

HB 179 Peace Officer Recertification Amendments

Sponsored by Rep. Richard Greenwood (R – Roy)

Clarifies qualifications in order to be a certified peace officer, and also requires that a certification become inactive after 18 months of not being active as a peace officer-this adds six months to the current one year.

 

HB 180 Debt Collection Data Match with Workers

Sponsored by Rep. David Clark (R –Santa Clara)

Allows Office of State Debt Collection to enter written agreements with other government agencies to obtain information for the purpose of collecting state accounts receivable.

 

HB 184 Motor and Special Fuel Tax Act Amendments

Sponsored by Rep. Chris Herrod (R –Provo)

This bill amends the definition of clean fuel and provides that beginning July 1, 2011, a tax is imposed at a reduced rate on liquefied natural gas per gasoline equivalent.

 

HB 199 Advertisements on School Buses

Sponsored by Rep. Jim Bird (R –West Jordan)

Allows local school boards or charter schools governing boards to sell advertising space on the exterior of a school bus, and requires the Department of Transportation to make rules governing the placement and size of advertisements.

 

HB 208 Administrative Services Amendments

Sponsored by Rep. Wayne Harper (R –West Jordan)

Creates a State Archives Fund as a restricted special revenue fund, specifies what is deposited into the fund and its uses and this fun shall earn interest.

 

HB 216 Reunification Services Amendments

Sponsored by Rep. Merlynn Newbold (R –South Jordan)

This bill states that reunification services should not be provided to a birth mother if the court finds the child has fetal alcohol syndrome or was exposed to illegal or prescription drug that was abused by mother while child was in utero; mother will also need to enroll in a substance abuse treatment program approved by Department of Human Services.

 

HB 220 Civics Education Amendments

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill requires instruction in forms of government, including the United States’ referred to as a republic, and requires school curricula to include a thorough study of American historical documents.

 

HB 221 Classic Car Inspections

Sponsored by Rep. Fred Cox (R –West Valley)

A $45 fee shall be paid at the time of registration/registration renewal of a vintage vehicle less that 40 years old.

 

HB 228 Administrative Rules Reauthorization

Sponsored by Rep. Curt Oda (R –Clearfield)

This bill reauthorizes all state agency administrative rules

 

HB 232 Drug Paraphernalia Definition Amendments

Sponsored by Rep. Evan Vickers (R –Cedar City)

A person may not be charged with distribution of hypodermic syringes as drug paraphernalia if at the time of sale/distribution the syringes are in a sterile package and are to be used for a legitimate medical purpose; prescription medications.

 

HB 237 Enforcement of Liens

Sponsored by Rep. Julie Fisher (R –Fruit Heights)

Requires a notice of a lien enforcement action involving the sale of a vehicle, vessel, outboard motor, or air craft to be sent to the last known address of the registered owner as disclosed by Motor Vehicle Divisions records.

 

HB 252 Railroad and Railroad Crossing Amendments

Sponsored by Rep. Richard Greenwood (R – Roy)

Prohibits an operator of a vehicle from making a U-turn on a railroad track or railroad crossing grade, prohibits a pedestrian from entering the area between a railroad track and railroad sign while sign/signal is active. Also provides that a person is guilty of criminal trespass on restricted railroad property if the person knowingly/intentionally/recklessly remains on property.

 

HB 254 Emergency Procedures Amendments

Sponsored by Rep. Richard Greenwood (R – Roy)

This bill creates an emergency declaration process within the state, and that a declaration of a local emergency provides a legal basis to request and obtain disaster assistance from other cities and counties.

 

HB 261 Amendments to Transportation Provisions

Sponsored by Rep. Derek Brown(R –Cottonwood Heights)

Requires the Tax Commission to annually provide the Utah Division of Aeronautics a list of all aircraft registered in this state.

 

HB 263 Local Services Amendments

Sponsored by Rep. David Clark(R –Santa Clara)

Authorizes a local district board of trustees to compel the attendance of its own members.

 

HB 265 Motor Vehicle Emissions Amendments

Sponsored by Rep. Francis Gibson (R –Mapleton)

This bill makes it so certain county regulations and ordinances shall be compliant with the analyzer design and certification requirements that are in the state implementation plan.

 

HB 266 Restitution Amendments

Sponsored by Rep. David Clark (R –Santa Clara)

Allows a judgment ordering to expire only upon payment in full, when the judgment is entered on the civil judgment docket; regarding “Entry of judgment-Interest-Civil Actions-Lien.’

 

HB 268 Municipal and Real Estate Licensure Exemptions for Attorneys

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill regulates the inspection and abatement of property.

HJR 21 Selections of Unappropriated Federal Lands Joint Resolution

Sponsored by Rep. Roger Barrus(R –Centerville)

 

HB 271 Restrictions on Political Subdivisions Regarding the Regulation of Knives

Sponsored by Rep. Ryan Wilcox(R –Ogden)

Prohibits a municipality, county, and local district from regulating the use of a knife unless specifically authorized.

 

HCR 2 Utah State Flag Concurrent Resolution

Sponsored by Rep. Julie Fisher (R –Fruit Heights)

This resolution urges manufacturers of Utah state flags to modify the current design to accurately reflect the original flag approved in 1913. A formatting mistake has been perpetuated for years and this is to correct it.

 

HCR 8 Concurrent Resolution on Providing Continuing Federal financial Assistance for the Delivery of Basic Services to Dutch John, Utah

Sponsored by Rep Mel Brown (R –Coalville)

Urges the U. S. Government and Secretary of the Interior to provide continued financial assistance of $500,000 per year for 15 years to Daggett County to defray the costs of administration and basic community services for the residents of Dutch John, Utah.

 

HJR 19 Joint Resolution Opposing the Environmental Protection Agency’s Regulation of Greenhouse Gases

Sponsored by Rep. Roger Barrus (R – Centerville)

This resolution calls on Congress to prohibit the Environmental Protection Agency (EPA) from regulating greenhouse gas and impose a moratorium on any new regulations for at least two years.

 

HJR 28 Veterans Day Joint Resolution

Sponsored by Rep. Johnny Anderson (R –Taylorsville)

Recognizes past and present sacrifices of the men and women of the Unites State military who willingly stood, and currently stand, in harm’s way to protect the freedoms enjoyed by all who live in the United States of America.

 

HJR 35 Utah Mitochondrial Disease Awareness Week Joint Resolution

Sponsored by Rep. Ken Sumsion (R –American Fork)

Designates September 5 through September 11, 2011 as Mitochondrial Disease Awareness Week in the State of Utah.

 

SB 24 Motor Vehicle Division Fee Amendments

Sponsored by Rep. Julie Fisher (R –Fruit Heights)

This bill changes how certain fees are collected from the Motor Vehicle Division; fees collected to cover the costs of electronic payments will be deposited in the Electronic Payment Fee Restricted Account

 

SB 35 Construction Licensees Related Amendments

Sponsored by Rep. Todd Kiser (R –Sandy)

This bill addresses workers’ compensation fraud, modifies requirements for contractor licenses, and defines administrative actions that can be taken related to unprofessional or unlawful conduct.

 

SB 36 Concealed Firearm Act Amendments

Sponsored by Rep. Curt Oda (R –Clearfield)

This bill requires a nonresident applicant to currently hold a concealed firearm/weapon permit from the applicant’s state of residence that recognizes Utah permits of has reciprocity with the Utah permit. It also requires a nonresident to pay an additional $5 for the issuance of the  permit.

 

SB 49 Oversight of Bonding by Counties

Sponsored by Rep. Brad Wilson (R –Kaysville)

This bill amends a county legislative body’s authority to create a board of directors for certain types of facilities.

 

SB 98 Securities Related Amendments

Sponsored by Rep. Jim Bird (R –West Jordan)

The bill addresses the licensing of investment advisors and investment advisor representatives. It clarifies definitions and timelines of filings.

 

SB 104 Probate Law Amendments

Sponsored by Rep. Val Peterson (R –Orem)

This bill adds the terms “share and share alike” and “to the survivor of them” to the definition of terms used in governing instruments and how property is divided in probate.

 

SB 114 Municipal Prosecutorial Discretion

Sponsored by Rep. Chris Herrod (R –Provo)

This bill permits a city attorney who has a conflict of interest in a case to appoint another city attorney from another municipality to prosecute in the court over the matter.

 

SB 123 Restrictions on Lobbying Expenditures

Sponsored by Rep. Brad Dee (R –Ogden)

Changes the definition of agency to include a school, school district, or charter school, and also prohibits any of these groups from expending state appropriated money to pay a contract lobbyist.

 

SB 126 Local District Service Amendments

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill authorizes local district to determine whether a completed improvement  meet certain standards, and requires that a local district establish a fee appeal process.

 

SB 144 County Purchasing Agent Amendments

Sponsored by Rep. Brad Daw (R –Orem)

Authorizes the county executive to delegate supervision of the county purchasing agent to the county auditor.

 

SCR 1 Crisis Intervention Team Program Concurrent Resolution

Sponsored by Rep. Paul Ray (R –Clearfield)

This resolution recognizes the Crisis Intervention Team Program as the best model of practice for law enforcement agencies and community health centers to develop and maintain active crisis intervention team programs regionally and throughout the state.

 

SCR 3 Concurrent Resolution Supporting Continued Federal Funding of the Central Utah Project

Sponsored by Rep. Mike Noel (R –Kanab)

This resolution strongly expresses to the United States Congress and the United States Secretary of the Interior the Legislature’s and Governor’s continuing support of the Central Utah Project and urges the completion of the project.

 

SJR 4 Joint Resolution Approving Scenic Byway Corridor Management Plan

Sponsored by Rep. Brad Last (R –Hurricane)

This bill approves a management plan for a scenic byway beginning in Laverkin running along State Route 9 to the west boundary of Zion National Park in Springdale, and following to Zion-Mt. Carmel Highway to the east boundary of Zion National Park.

 

SJR 10 Joint Resolution Closing Orem Court Facility

Sponsored by Rep. Val Peterson (R –Orem)

Seeks legislative authority for the judicial department to remove court operations from the city of Orem.

Utah Legislature Highlights for Week 3: Feb 7th – 11th

 

Week 3 began with a visit from Congressman Jason Chaffetz, Representative of Utah’s 3rd District. Congressman Chaffetz addressed the nation’s multi-trillion dollar debt, “the nation's security is threatened by a debt that's growing by almost $4 billion a day, about a third of Utah's state budget. You know the size of the Utah state budget. Look what's going on, on the federal side of the equation," he said. "We don't have a revenue problem in this county, but we do have a spending problem." Congressman Chaffetz also discussed illegal immigration: "If we don't fix legal immigration, we'll never solve this problem," he said, stressing that he rejects amnesty for those already in the country illegally.

 

The Utah House voted Tuesday to do away with the unpopular Salt Lake County police fee in unincorporated areas. The House voted 54-17 for HB226. The bill, by Rep. Wayne Harper, R-West Jordan, now goes to the Senate.

 

On Wednesday, two of the last surviving World War II Navajo code talkers appeared before the Utah Legislature, which honored them with resolution HJR 9 recognizing their service. The resolution urges the U.S. Congress, among other government bodies, "to support and preserve the Navajo code talkers' remarkable legacy."

 

* For the daily schedule and updates on the Utah House through the legislative session, messages from Representatives, and other information visit our blog at www.utahreps.net

 

* Follow the Utah House of Representatives on Facebook and Twitter.

 

These are the bills that passed the House this week. (clicking the title of the bill, which is in blue will take you to the text of the full version)

 

HB 17 Enterprise Zone Amendments February 10, 2011, 68/0 votes

Sponsored by Rep. Kraig Powell(R –Heber City)

This bill modifies provisions of the enterprise Act related to the definitions of business entity and new full-time employee positions, the criteria for designation of an enterprise zone, business entities qualifying for tax incentives, state tax credits applicable in an enterprise zone, annual reports, and technology-based service contracts within enterprise zones.

 

HB 31 Restoration of the Right to Code and Hold Elective Office February 7, 2011, 70/0 votes

Sponsored by Rep. John Mathis (R –Vernal)

This bill amends provisions in Title 20A, election Code, to address the restoration of the right to vote or hold elective office.

 

HB 33 Election Law Revisions February 7, 2011, 71/0 votes

Sponsored by Rep. Curt Webb (R –Logan)

This bill amends Title 20A, Election code.

 

HB 42 Alcoholic Beverage Control Act Retail License Quotas February 7, 2011, 67/3 votes

Sponsored by Rep. Gage Froerer (R –Huntsville)

This bill modifies the Alcoholic Beverage Control Act to provide for charges in the number of retail licenses.

 

HB 50 School Termination Procedures Modifications February 11, 2011, 73/0 votes

Sponsored by Rep. Ronda Menlove (R –Garland)

This bill amends the Utah Orderly School Termination Procedures Act, which establishes procedures for the termination of employees of a school district or the Utah Schools for the Deaf and the Blind.

 

HB 51 School and Institutional Trust Lands February 7, 2011, 72/0 votes

Sponsored by Rep. Roger Barrus (R –Centerville)

This bill modifies provisions of the School and Institutional Trust Last Management Act.

 

HB 54 Electronic Communications in Public Meetings February 11, 2011, 62/13 votes

Sponsored by Rep. Kraig Powell (R –Heber City)

This bill modifies provisions of the Open and Public Meetings Act that relate to electronic communications between members of public bodies.

 

HB 66 Health Professional Authority February 10, 2011, 70/0 votes

Sponsored by Rep. Brad Last(R –Hurricane)

This bill amends the Vital Statistics Act.

 

HB 68 Off-highway Vehicle Operator Responsibilities February 11, 2011, 70/0 votes

Sponsored by Rep. Mike Noel (R –Kanab)

This bill modifies the Off-Highway Vehicles Code by enacting provisions relating to off-highway vehicle operator responsibilities.

 

HB 78 Developer Fees February 11, 2011, 68/0 votes

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill amends provisions related to municipal or county land use authority.

 

HB 195 Debt Service Obligations of a Divided School District February 11, 2011, 74/0 votes

Sponsored by Rep. Ken Sumsion (R –American Fork)

This bill modifies requirements for the imposition of a tax on property within a new district and remaining district to pay the debt service obligations of a divided school district.

 

 

HB 196 Continuing Education Requirements for Landscape Architects February 7, 2011, 40/28 votes

Sponsored by Rep. curt Webb (R –Logan)

This bill amends the Landscape Architects Licensing Act by providing for a continuing education licensing requirement in accordance with standards defined by rule by the Division of Occupational and Professional Licensing.

 

HB 203 Codification of State Construction and Fire, Codes February 8, 2011, 58/12 votes

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill enacts a new title to codify the existing State Construction Code and State Fire Code

 

HB 204 Protection of Athletes with Head Injuries February 10, 2011, 67/3 votes

Sponsored by Rep. Paul Ray(R –Clearfield)

This bill enacts the Protection of Athletes With Head Injuries Act within the Utah Health Code.

 

HB 219 State Firearm Designation February 11, 2011, 48/20 votes

Sponsored by Rep. Carl Wimmer (R –Herriman)

This bill modifies the state symbols and designations to designate model M1911 automatic pistol as the state firearm.

 

HB 226 Local Government Fee Authority February 8, 2011, 54/17 votes

Sponsored by Rep. Wayne Harper (R –West Jordan)

This bill prohibits, with certain exceptions, a service area from charging or collecting a fee.

 

HB 230 Disability Amendments February 7, 2011, 69/0 votes

Sponsored by Rep. Paul Ray (R –Clearfield)

To the extent possible, this bill replaces outdated terms relating to persons with a disability with updated terms.

 

HB 237 Enforcement of Liens February 8, 2011, 65/0 votes

Sponsored by Rep. Julie Fisher (R –Fruit Heights)

This bill modifies a provision relating to the enforcement of storage facility liens.

 

HB 238 Radiologic Technologist and Radiology Practical Technician Licensing Act February 10, 2011, 60/8 votes

Sponsored by Rep. Don Ipson(R –St. George)

This bill amends the Occupations and Professional Code related to Radiologic Technologist and Radiology Practical Technicians Licensing Act.

 

HB 240 Social Services – Employment First Priority February 11, 2011, 70/0 votes

Sponsored by Rep. Ronda Menlove (R –Garland)

This bill establishes an employment first priority policy for persons with a disability within the Employment Support Act, State Office of Rehabilitation Act, and the Utah Human Services Code.

 

HB 241 Clean Out the Cabinets Month Designation February 7, 2011, 67/3 votes

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill designates the month of April as Clean Out the Cabinets Month in Utah

 

HB 243 Occupations and Professions Amendments February 11, 2011, 65/6 votes

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This ill amends provisions of Title 58, Occupations and Professions, regarding the administration and enforcement of licensing laws and related provisions.

 

HB 247 Water Development Amendments February 8, 2011, 66/3 votes

Sponsored by Rep. Mike Noel (R –Kanab)

This bill provides for an origination fee for certain federally-funded water development loans.

 

 

HB 248 County Office Vacancies February 8, 2011, 52/19 votes

Sponsored by Rep. Carl Wimmer (R –Herriman)

This bill amends provisions related to midterm vacancies in county elected offices.

 

HB 257 Concealed Firearm Act Modifications February 10, 2011, 67/0 votes

Sponsored by Rep. Ronda Menlove(R –Garland)

This bill modifies provisions of the Concealed Firearm Act regarding the requirements for certification as a concealed firearms instructors and the submission of fingerprints for a criminal background check.

 

HJR 10 Rules Resolution on Electronic Meetings February 10, 2011, 53/19 votes

Sponsored by Rep. Ronda Menlove(R –Garland)

This resolution authorizes legislative interim committees, task forces, and subcommittees to allow some members to participate in the meeting electronically from a remote location.

 

SB 10 Local District Amendments February 9, 2011, 66/0 votes

Sponsored by Rep. Don Ipson(R –St. George)
This bill amends provisions relating to a local district created to acquire or assess groundwater rights.

 

SB 11 Worker Classification Coordinated Enforcement February 9, 2011, 56/12 votes

This bill modifies labor provisions to address worker classification and related issues of enforcement.

Sponsored by Rep. Todd Kiser (R –Sandy)

 

SB 19 Department of Workforce Services’ Regional Workforce Services Areas amendments February 7, 2011, 71/0 votes

Sponsored by Rep. Jim Dunnigan (R –Taylorsville)

This bill modifies provisions of the Utah Workforce Services Code related to Regional Workforce Services Areas.

 

SB 23 State Highway System Modifications February 8, 2011, 69/0 votes

Sponsored by Rep. Julie Fisher(R –Fruit Heights)

This bill modifies the Designation of State Highways Act by Amending the description of four state highways.

 

SB 25 Share Certificates in Water Companies February 9, 2011, 67/0 votes

Sponsored by Rep. Jack Draxler (R –North Logan)

This bill modifies the Uniform Commercial Code and the Utah Revised Nonprofit Corporation Act to address issues related to water company share certificates that are lost, destroyed, or wrongfully taken.

 

SB 29 Uniform Driver License Act Amendments February 8, 2011, 70/0 votes

Sponsored by Rep. Julie Fisher (R –Fruit Heights)

This bill modifies the Uniform Driver License Act by amending provisions relating to driver licenses.

 

SB 34 Uniform Interstate Family Support Act February 9, 2011, 67/0 votes

Sponsored by Rep. David Butterfield (R –Logan)

This bill makes conforming amendments required by the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

 

SB 35 Construction Licensees Related Amendments February 10, 2011, 64/7 votes

Sponsored by Rep. Todd Kiser(R –Sandy)

This bill modifies labor, commerce, and general government provisions to address issues related to construction licensees that are unincorporated entities.

 

SB 36 Concealed Firearm Act Amendments February 10, 2011, 66/2 votes

Sponsored by Rep. Curt Oda (R –Clearfield)

This bill amends provisions of the Concealed Firearm Act related to the issuance of concealed firearm permits to nonresidents.

 

SB 38 K – 3 Reading Amendments February 9, 2011, 65/0 votes

Sponsored by Rep. Becky Edwards (R –North Salt Lake)

This bill amends deadlines related to the mid-year reading assessments of first, second, and third grad students.

 

SB 42 Regulation of Sign Companies February 9, 2011, 44/27 votes

Sponsored by Rep. Jim Dunnigan (R –Taylorsville)

This bill modifies provisions of the Utah Construction Trades Licensing Act relating to specified sign contractors.

 

SB 46 Higher Education Residency Requirements February 9, 2011, 69/0 votes

Sponsored by Rep. Keith Grover (R –Provo)

This bill amends provisions related to higher education residency requirements.

 

SB 93 Child Welfare Legislative Oversight Panel Reporting Amendments February 11, 2011, 70/0 votes

Sponsored by Rep. Gage Froerer (R –Huntsville)

This bill amends provisions of the Child and Family Services chapter of the Utah Human Services Code relating to reports submitted to the Child Welfare Legislative Oversight Panel.

 

SB 94 Requirements for Constables February 9, 2011, 65/0 votes

Sponsored by Rep. Don Ipson (R –St. George)

This bill requires that a constable prominently display a badge or other visible form of credentials and identification.

 

SB 99 Motor Vehicle Insurance – Named Driver Exclusion Amendments February 9, 2011, 65/0 votes

Sponsored by Rep. Jack Draxler (R –North Logan)

This bill modifies the Insurance Code by amending provisions relating to named driver exclusions for motor vehicle insurance coverage.

 

SB 102 Temporary Water Shortage Emergency – Military Facilities February 9, 2011, 66/0 votes

Sponsored by Rep. John Mathis (R –Vernal)

This bill provides for special priority for the use of water by a military facility during a temporary water shortage emergency.

 

SB 107 Higher Education Success Stipend Program February 9, 2011, 69/0 votes

Sponsored by Rep. Greg Hughes (R –Draper)

This bill replaces the Utah Centennial Opportunity Program for Education with the Success Stipend Program within the State System of Higher Education.

 

SB 111 Utilities – Underground Facilities and Pipelines February 9, 2011, 70/0 votes

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill addresses utility facilities, including underground facilities and pipelines.

 

SB 115 School Performance Reporting February 9, 2011, 71/0 votes

Sponsored by Rep. Greg Hughes (R –Draper)

This bill modifies requirements for the collection and reporting of data indicating the performance of school districts and schools.

 

SB 118 Multistate Highway Transportation Agreement Amendments February 9, 2011, 68/0 votes

Sponsored by Rep. Julie Fisher (R –Fruit Heights)

This bill modifies the Multistate Highway Transportation Agreement by amending the name from the Multistate Highway Transportation Agreement to the Western States Transportation Alliance.

 

SB 121 New Automobile Franchise Act February 9, 2011, 63/0 votes

Sponsored by Rep. Holly Richardson (R –Pleasant Grove)

This bill modifies the New Automobile Franchise Act.

 

SCR 1 Crisis Intervention Team Program Concurrent Resolution February 10, 2011, 68/0 votes

Sponsored by Rep. Paul Ray (R –Clearfield)

This concurrent resolution of the Legislature and the Governor recognizes the positive approach and best practices of the Crisis Intervention Team Program and encourages development of active crisis intervention team programs statewide.

 

SCR 4 Communications Spectrum Translator System Concurrent Resolution February 9, 2011, 67/1 votes

Sponsored by Rep. Kay McIff (R –Richfield)

This concurrent resolution of the Legislature and the Governor urges the federal government to protect the communications spectrum that allows Utah’s translator system to provide free television access across the state.

 

SJR 5 Joint Rules Resolution on Fiscal Note Process February 9, 2011, 62/2 votes

Sponsored by Rep. John Dougall (R –American Fork)

This resolution of the Legislature proposes to amend the Utah Constitution to modify a provision relating to the State Board of Education.

 

SJR 6 Joint Resolution Urging Congress  to Limit the Freeze on Longer Combination Vehicle Use in the Western States February 10, 2011, 56/12 votes

Sponsored by Rep. Don Ipson (R –St. George)

This joint resolution of the Legislature urges Congress to lift the freeze on longer combination vehicles, so that states may conduct test programs to evaluate routes, configurations, and operating conditions.

 

SJR 7 Fibromyalgia Awareness Day Joint Resolution February 9, 2011, 67/1 votes

Sponsored by Rep. Ronda Menlove (R –Garland)

This joint resolution of the Legislature designates May 12, 2011, as Fibromyalgia Awareness Day.

 

SJR 8 Ronald Reagan Day Joint Resolution February 7, 2011, / votes

Sponsored by Rep. Greg Hughes (R –Draper)

This joint resolution of the Legislature designates February 6, 2011 as Ronald Reagan Day in the state of Utah.

 

 On the Web: http://www.utahreps.net/uncategorized/highlights-week 

 


 

Message from House Republicans

This week the Utah House Republican Caucus met and discussed our priorities for the 2011 legislative session.

Those priorities are:

· Education

· Economy

· Energy



Education – Excellence, Accountability

Utah has unique challenges with an exploding student population; this requires serious solutions on the part of the legislature. Excellence is about improving student performance and exploring the best possible ways to deliver quality education. Accountability means that the state, school districts and teachers must be responsible for ensuring the ongoing success of the students.



Economy – Business-friendly environment, No new taxes

Our great state has been recognized for its business friendly climate and for as leading the nation to economic recovery. We will continue our fight for sound economic policies, and low taxes that attract and keep businesses in Utah.

Energy – Independence, Development

Utah is an energy rich state that has been severely limited in its ability to use those resources, making it difficult to establish economic and energy independence. Energy development will create jobs in our state, pour revenue into our schools and will help rural communities throughout Utah that have been negatively impacted by federal policies.

Utah Legislature Highlights For Week 2: FEB 3 - 7th



The House of Representatives welcomed its newest member Rep. Holly Richardson, a Republican from District 57 in Pleasant Grove. One of the highlights this week was the base budget passed the House. Congressman Rob Bishop visited the Legislature and joined the Republican Caucus for lunch to discuss federal issues affecting the state and his role in the new session of Congress. Congressman Jim Matheson spoke on the House floor Thursday, his message praised the Utah Legislature for working together as Republicans and Democrats for the best interest of the state, a lesson that should be work its way back to Washington DC. Later, Governor Gary Herbert joined the Republican Caucus to discuss his budget proposal and the legislature’s budget approach. Friday Sen. Orrin Hatch was a guest on the House floor; he spent the majority of the time answering questions from members of the body that included immigration reform, federal spending and public lands policy.



· HB 5 Business, Economic Development, and Labor Base Budget February 1, 2011, 57/15 votes

Sponsored by Rep. Todd Kiser (R –Sandy )

This bill appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2011 and ending June 30, 2012

· HB 6 Executive Offices and Criminal Justice Base Budget February 1, 2011, 49/21 votes

Sponsored by Rep. Eric Hutchings (R –Kearns )

This bill appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2011 and ending June 30, 2012

· HB 8 Social Services Base Budget February 1, 2011, 55/16 votes

Sponsored by Rep. David Clark (R–Santa Clara)

This bill appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2011 and ending June 30, 2012.

· HB 9 National Guard, Veterans’ Affairs, and Legislature Base Budget January 31, 2011, 57/14 votes

Sponsored by Rep. Mel Brown (R –Coalville)

This bill appropriates funds for the support and operation of state government for the fiscal years beginning July 1, 2011 and ending June 30, 2012.

· HB 18 Health Reform – Cost Containment February 4, 2011. 70/0 votes

Sponsored by Rep. Brad Daw (R –Orem)

This bill amends the Utah State Retirement and Insurance Benefit Act.

· HB 19 Insurance Law Related Amendments February 4, 2011, 70/0 votes

Sponsored by Rep. Jim Dunnigan ( R –Taylorsville)

This bill modifies the Insurance Code and other provisions related to the regulation of insurance and insurance products.

· HB 32 Campaign and Financial Reporting Amendments February 3, 2011, 69/0 votes

Sponsored by Rep. Keith Grover (R – Provo)

This bill amends provisions in Title 20A, Election Code, that are related to campaign and financial reporting.

· HB 40 Bonding Requirements for Government Officers and Employees February 2, 2011, 71/0 votes

Sponsored by Rep. Ryan Wilcox (R – Ogden)

This bill modifies the bonding requirement for certain government officers and employees.

· HB 46 County Recorder Amendments January 31, 2011, 71/0 votes

Sponsored by Rep. Curt Webb (R – Logan)

This bill modifies provisions related to the duties of a county recorder and recording requirements.

· HB 64 Human Blood Procurement and Use January 31, 2011, 72/0 votes

Sponsored by Rep. Steve Handy (R –Layton)

This bill recodifies, repeals, and amends provisions of the Utah Code relating to the procurement and use of human blood.

· HB 67 State Bonding Commission Bonding Authority February 3, 2011, 71/0 votes

Sponsored by Rep. Brad Last (R – Hurricane)

This bill modifies provisions in the State Financing Consolidation Act to require legislative approval before bonds are authorized or issued under the Act.

· HB 71 Victim Rights Amendments February 4, 2011, 68/0 votes

Sponsored by by Rep. Brad Wilson (R –Kaysville)

This bill adds parole and probation hearings to the hearings at which a victim or a victim’s representative may be present

· HB 190 Delinquent Property Tax Amendments February 4, 2011, 58/11 votes

Sponsored by Rep. Gage Froerer (R –Huntsville)

This bill changes provisions related to delinquent and deferred property tax.

· HB 198 Tobacco Related Penalty Amendments January 31, 2011, 70/2 votes

Sponsored by Rep. Paul Ray (R –Cearfield)

This bill amends penalty provisions of the Cigarette and Tobacco Tax and Licensing Act.

· HB 201 Tobacco Licensing Amendments January 31, 2011, 71/1 votes

Sponsored by Rep. Paul Ray (R – Clearfield)

This bill amends provisions of the Utah Health Code and the Cigarette and Tobacco Tax and Licensing Act relating to tobacco licensing.

· HB 202 Death Penalty Procedures Amendments February 1, 2011, 67/5 votes

Sponsored by Rep. Kay McIff (R –Richfield )

This bill modifies the Criminal Code and the Judicial Code regarding capital sentencing procedures.

· HB 206 Special Group License Plate Amendments January 31, 2011, 52/21 votes

Sponsored by Rep. Wayne Harper (R –West Jordan)

This bill modifies the Motor Vehicle Code by amending provisions relating to special group license plates.

· HB 207 Juvenile Amendments February 4, 2011, February 4, 2011, 58/11

Sponsored by Rep. Wayne Harper (R –West Jordan)

This bill amends the Juvenile Court Act of 1996 in relation to identifying the responsibilities of a parent in a child and family plan.

· HB 208 Administrative Services Amendments January 31, 2011, 66/0 votes

Sponsored by Rep. Wayne Harper (R –West Jordan)

This bill creates a restricted special revenue fund to allow state archives to use donations for state archive purposes.

· HB 211 Community Service Medicaid Pilot Program February 2, 2011, 56/15 votes

Sponsored by Rep. Ronda Menlove (R –Garland)

This bill amends the Health Code and creates a pilot program in the state’s medical assistance program.

· HB 212 Charges by Health Providers for Medical Records February 3, 2011, 65/3 votes

Sponsored by Rep. Francis Gibson (R – Mapleton)

This bill modifies provisions of the Judicial Code relating to patient access to medical records.

· HB 214 Concealed Firearm Permit Fees February 2, 2011, 69/0 votes

Sponsored by Rep. Curt Oda (R –Clearfield)

This bill amends the permit fees provision of the Concealed Firearm Act.

· HJR 17 Joint Resolution Approving Compensation of In-session Employees February 2, 2011, 69/0 votes

Sponsored by Rep. Brad Dee (R – Ogden)

This joint resolution of the Legislature fixes the compensation for legislative in-session employees for 2011.

· HR 2 House Rules Changes Resolution January 31, 2011, 70/5 votes

Sponsored by Rep. Wayne Harper (R – West Jordan)

This resolution modifies House rules.

· SB 7 Higher Education Base Budget February 2, 2011, 53/16 votes

Sponsored by Rep. Mike Morley (R –Spanish Fork)

This bill appropriates funds for the support and operation of public education for the fiscal year beginning July 1, 2011, and ending June 30, 2012.

· SB 8 Natural Resources, Agriculture, and Environmental Quality Base Budget February 2, 2011, 53/15 votes

Sponsored by Rep. John Mathis (R –Vernal)

This bill appropriates funds for the support and operation of public education for the fiscal year beginning July 1, 2011, and ending June 30, 2012.

· SB 9 Retirements and Independent Entities Base Budget February 2, 2011, 55/16 votes

Sponsored by Rep. Don Ipson (R –St. George)

This bill appropriates funds for the support and operation of public education for the fiscal year beginning July 1, 2011, and ending June 30, 2012.

· SB 12 Alcoholic Beverage Control Act Modifications February 2, 2011, 67/0 votes

Sponsored by Rep. Jim Dunnigan (R – Taylorsville)

This bill modifies the Alcoholic Beverage Control Act to correct omissions or errors made as part of the recodification of that act.

· SB 13 Per Diem and Travel Modifications February 2, 2011, 70/0 votes

Sponsored by Rep. Kraig Powell (R – Heber City)

This bill modifies per diem and travel expense provisions used for authorities, boards, commissions, councils, and committees.

· SB 14 Local Election Amendments February 3, 2011, 71/0 votes

Sponsored by Rep. Doug Sagers (R –Tooele)

This bill amends local election provisions and midterm vacancy provisions for municipalities, local districts, and special service districts.

· SB 18 Election Administration by Election Officers February 2, 2011, 69/0 votes

Sponsored by Rep. Kraig Powell (R –Heber City)

This bill modifies the Election Code by amending provisions related to contracting with an election officer to conduct an election on behalf of a local political subdivision.

· SB 20 Management of Water Rights Amendments February 2, 2011, 69/0 votes

Sponsored by Rep. Evan Vickers(R –Cedar City)

This bill addresses the management for water rights in a critical management area.

· SB 22 Corporate Franchise and Income Tax Amendments February 2,2011, 69/0 votes

Sponsored by Rep. Todd Kiser (R –Sandy)

This bill amends provisions related to corporate franchise and income tax

· SB 26 Water Law Modifications February 2, 2011, 69/0 votes

Sponsored by Rep. Patrick Painter(R – Nephi)

This bill addresses the filing of a certificate of appropriation of water.

· SB 33 Health Disparities and Related American Indian Programs February 3, 2011, 66/0 votes

Sponsored by Rep. Jack Draxler (R –North Logan)

This bill modifies the Utah Health Code to address the Center for Multicultural Health and provide for an American Indian-Alaskan Native Health Liaison.

· SB 95 Shareholder Action Without Meeting February 3, 2011, 69/0 votes

Sponsored by Rep. Derek Brown(R –Cottonwood Heights)

This bill modifies the Utah Revised Business Corporation Act to address actions taken without a shareholder meeting.

 

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