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Day 28: Impact of Adult Images on Children

February 24, 2013

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I will be presenting a special resolution at 8:00 am:

SJR015 Joint Resolution Regarding the Impact of Adult Images on Children’s Development (Weiler) This joint resolution of the Legislature recognizes the strong negative impact of gateway pornography on brain development in children and urges parents and concerned citizens to consider ways to mitigate its effects.

Today in Senate Business and Labor, we will consider the following:

HB0303 Trust Deed Assignment Amendments (Webb) creates and approves recording of a notice of assignment of a beneficial interest as prima facie evidence of a prior assignment of a beneficial interest under a trust deed.

SB0219 Disaster Recovery Liens (Urquhart) gives a person that recovery services after certain disasters to an owner of damaged property a lien on the proceeds of the insurance policy that covers the disaster recovery service for the balance owed to the provider under the governing service agreement. It establishes prerequisites to the service provider’s obtaining a lien described in this bill and provides for enforcement of the lien.

SB0210 Amendments Related to Use of Business Names (Weiler) modifies provisions related to conducting business under an assumed name and addresses rights to use an assumed name.

SB0214 Continuing Education for Prescription Drugs (Jones) establishes continuing education requirements for controlled substance prescribers under the Utah Controlled Substances Act, including a requirement that at least 3.5 hours of the continuing education hours be completed in controlled substance prescribing classes. SB 214 establishes criteria for controlled substance prescribing classes recognized by the Division of Occupational and Professional Licensing (DOPL) and directs DOPL to consult with other applicable departments and associations when determining whether classes for controlled substance prescribers with a specific license type meet established criteria.

HB0065S02 Insurance Beneficiary Changes (Bird) requires a life insurance or annuity policyholder to change a beneficiary according to the insurer’s requirements after a divorce or annulment.

HB0245S01 Consumer Protection Amendments (Brown) This bill modifies consumer protection provisions, including requiring excess funds in the Consumer Protection Education and Training Fund to be transferred to the General Fund, acts considered to be deceptive acts or practices for purposes of the Consumer Sales Practices Act, unpaid fines, recreational vehicle trailers, health spa liability insurance, telephone soliciting businesses and immigration consultants.

HB0286S02 Disposition of Personal Property on Vacated Property (Froerer) amends the rights of a property owner in disposing of abandoned personal property left by a former tenant or occupant. It requires a property owner to give notice to a former tenant of abandoned personal property before it is sold or donated. It allows a tenant to recover abandoned personal property under some circumstances and says that a property owner is not required to store hazardous or dangerous abandoned personal property such as chemicals or fireworks and exempts motor vehicles.

In Senate Judiciary, Law and Criminal Justice, we will hear these bills:

SB0191 Administrative Law Judge Amendments (Harper) provides for appointment, reappointment, complaints, performance standards, and recommendations regarding administrative law judges. Provisions include terms of not more than four years, a code of conduct, a penalty for destruction of evidence, preappointment and reappointment evaluation by the Department of Resource Management, establishing minimum performance standards, and a method for complaints against administrative law judges.

SB0204 Judiciary Amendments (Hillyard) makes amendments related to the judiciary, addressing penalties for driving a vehicle without registration or certificate of title; the Children’s Legal Defense Account; the role of the Judicial Council in determining reasonable compensation for an attorney in the administration and probate of wills; and the roles of the prosecuting attorney in expungement cases. It prohibits a magistrate from conducting an initial appearance in a felony; and makes changes regarding judgment awarded and fees and collection costs for the state or state agencies in justice courts.

SB0080 Removal from Database Restricting Firearm Purchase (Thatcher) provides a procedure for a person to be removed from the NICS (National Instant Check System)) database which would restrict the person’s access to a firearm. The person must petition a court in the county where a commitment, finding or adjudication occurred for an order to be removed. The person must allow the prosecutor or county attorney to obtain mental health records before petitioning the court. The court would be required to hold a hearing and take evidence including mental health and criminal records and character witnesses and other evidence relating to whether the petitioner is a danger to himself or others. SB 80 provides a standard of clear and convincing evidence for the court; provides the Bureau of Criminal Identification with direction to remove a person from the database if the court approves the petition; and allows for a de novo appeal if the court denies the petition.

SB0072S01 Prison Relocation and Development Amendments (Jenkins) creates the Prison Land Management Authority to facilitate and direct relocation of the state prison and development of the old prison property. It establishes the powers and duties of the authority; provides for a board to exercise the powers of the authority, and provides for board membership, appointment, duties, and powers. It repeals provisions relating to the current Prison Relocation and Development Authority. Fiscal Note: not available.

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