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Day 30: Floor Time

February 27, 2013

For the first time this session, we had five hours on the Senate floor. I used that time to pass six of my bills. My SB 83 passed out of committee, which closes the Swallow loophole, also passed out unanimously.

We debated a tremendous number of bills in the morning, including the following:

SB 21 Unincorporated Business Entities (Hillyard) Enacts a new Unincorporated Business Entity Act, and modifies references to partnership or unincorporated business entities provisions throughout the Utah Code.

HB 304 Enterprise Zone Amendments (Powell) Modifies the population level of a municipality that may qualify for designation as an enterprise zone.

HB 301 Bail Bond Recovery Licensure Amendments (Redd) Eliminates the requirement for specific members of the board to make a quorum.

SB 173 Residential Construction Contract Amendments (Adams) Allows a person, under certain conditions, to cancel a contract for repair work if the contract is to be paid with proceeds of a property and casualty insurance policy.

HB 215 Water Quality Amendments (Wilcox) Eliminates the maximum combined fee amount that can be assessed against sewage sludge management permittees.

HB 216 Wasting Wildlife Amendments (Wilcox) Requires wasting of illegally transplanted fish (e.g., can’t re-release them).

HB 27 Threat of Terrorism Penalty Amendments (Hutchings) Threatening to commit an act of terrorism is a Class B misdemeanor.

HB 101S01 Homeowners Association Amendments (Stanard) Clarifies right to lien if the HOA has not complied with certain registration requirements.

SB 152S01 Alcohol and Drug related Offense Amendments (Valentine) Closes off all previous Pleas in Abeyance relating to DUIs.

SB 156 Jail Release Amendments (Adams) Coordinates jail release with domestic violence charges.

SB 32 Environmental Health Scientist Act Sunset Reauthorization (Davis) Reauthorizes the Environmental Health Scientist Act in the Legislative Oversight and Sunset Act.

SB 113 Long-term Disability Coverage Amendments (Weiler) Amends provisions of the Public Employees Long-term Disability Program.

SB 165 Physical Therapy Practice Act Amendments (Weiler) Modifies the expiration date applying to a temporary license of a physical therapist assistant.

SB 61 Hunting Permit Amendments
(Christensen) Provides for transfer of a tag to certain persons such as a child or person with a terminal illness.

SB 168 Certified Public Accountant Licensing Amendments (Bramble) Clarifies CPA student hour requirements and exam.

SB 145 County Attorney Chapter Recodification (Weiler) Reorganizes code for clarification and clarifies the attorney client provisions for county attorneys.

SB 164 Parole Violator Centers Allocations (Robles) Recognizes Parole Violator Centers as well as Halfway Houses.

SB 169 Education Task Force (Reid) Creates a 14 person legislative task force to address broad and long-term education issues.

SB 159 Theft Amendments (Thatcher) Describes cases where a third theft conviction may not result in an automatic felony.

SB 109S01 Change Application Procedure (Okerlund) Provides for the State Engineer to approve water right applications and also to adjudicate protests, although a person can request an advisory opinion through the Office of the Property Rights Ombudsman. A second substitute requiring a sunset provision failed.

SB 124 Sales and Use Tax Exemption for Database Access (Harper) Enacts a sales and use tax exemption for amounts paid or charged to access a database.

SB 167 Alcoholic Beverage Control Amendments (Valentine) Creates a master license for restaurants with 5 or more location in Utah.

SB 166 Hospital Assessment Amendments (Hillyard) Assesses a tax on hospitals so that matching federal funds can be obtained.

We returned after lunch and tackled these bills:

SCR 6 Concurrent Resolution on Federal Gas Tax (Henderson) Urges the United States Congress to pass legislation that reduces the federal gas tax by the amount of any increase in the state gas tax.

SB 94 Government Records Amendments (Bramble) Provides for a publicly accessible repository on the legislature’s website to which legislators may transfer emails, modifies the State Records Committee to allow appointments by the governor, and makes initiative and referendum packets submitted to county clerks public records.

SB 62 Governor’s Fire Suppression Authority (Dayton) Authorizes the State Forester to use any water as necessary.

SB 120 Target Shooting and Wildfire Regulations (Dayton) Allows the state forester to restrict or prohibit target shooting in areas where hazardous conditions exist.

SB 97 Propelling a Bodily Substance Amendments (Stevenson) Adds “an infectious agent or vomit.”

SB 98 Propelling a Bodily Substance Revisions (Stevenson) Creates a Class A offense of propelling a bodily substance, including saliva if the offender knows he or she is infected with HIV, hepatitis B, or hepatitis C and the substance or material comes in contact with another person’s face or open wound.

SB 160 Patronizing a Prostitute Amendments (Stevenson) changes “he” to “the person;” makes a second offense a Class A Misdemeanor.

SB 65 Election Code-Financial Reporting Requirement Amendments (Valentine) Amends the Election code relating to financial reporting by placing similar requirements on all persons and groups.

SB 172 Use of Bond Proceeds by Political Subdivisions (Valentine) Allows bond proceeds to be used for only one year of operations and capitalizes interest for bond repayments.

SB 175 Assessment of College Readiness (Stephenson) Modifies provisions regarding the assessment of high school students’ college readiness.

SB 105 Board of Pardons and Parole Revisions (Thatcher) modifies the Utah Criminal Code regarding threatening or assaulting a judge or a member of the Board of Pardons and Parole or their families.

SB 170 Identity Fraud Amendments (Thatcher) Adds “photograph or realistic likeness…”

SB 63 Transportation Planning and Funding Task Force (Harper) Creates the Task Force and requires the task force to study transportation planning, operations, maintenance, and funding needs.

SB 180 Public Utilities Amendments (Van Tassel) Enacts language related to the service territory of an electrical corporation and municipality.

SB 68S01 State Surplus Property Program Amendments (Weiler) Enables privatization of the Surplus Property Service. Has a positive $800,000 Fiscal Note.

SB 176 Office of Planning and Budget Restructuring Amendments (Stevenson) Changes the name to the Governor’s Office of Management and Budget and reclassifies the director.

SJR 11 Joint Resolution on Environmental and Developmental Policies (Weiler) Rejects United Nations Agenda 21, both its intent and its potential for abuse; urges Utah’s state agencies and political subdivisions to not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process.

SB 39 Parental Responsibility for Sex Education Training (Reid) Requires the State Board of Education to develop and offer training to parents with information on health education and human sexuality.

SB 58S02 Amendments to Sales and Use Tax (Harper) The main issue was “earmarking” the money.

SB 171 Sales and Use Tax Exemption for Electronic Financial Payment Services (Stephenson) Provides an incentive for these businesses which add to the economy without impact to schools, etc.

SB 104S02 Vulnerable Users of Highways Amendments (Weiler) Vulnerable Users include bicyclists, tractors, wheelchairs, mopeds, skateboards, etc. The bill provides penalties for acts such as knowingly, intentionally or recklessly forcing these users off the highway, distracting them, or otherwise endangering them. Some were concerned with the definitions and defining intent.

SB 66 Referendum Revisions (Reid) Enacts numerous provisions relating to referendum petitions challenging a law. Sens. felt the bill made it more difficult to enact a referendum.

SB 155S01 Post Adoption Contact Agreements (Hillyard) Permits postadoption contact agreements between prospective adoptive parents and birth parents or other birth relatives of a prospective adoptive child in the custody of the Division of Child and Family Services. It does not affect other adoptions.

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