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Day 38: Liquor Laws

March 6, 2013

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Today in Senate Business and Labor, we discussed the following:

SB0090 Condominium and Community Association Amendments (Adams) enacts and modifies provisions relating to condominium and community associations, including improvement, alteration, or combination of units or lots; responsibility for maintenance, repair, and replacement of common areas and units or lots; reserve fund provisions; allowing management committee members and officers to be indemnified or to have their liability limited; relating to an owner’s request to make modifications to the owner’s unit or lot; insurance provisions; powers, meetings, and actions of a management committee or board; etc.

SB0261 Amendments Related to Alcoholic Beverage Control (Valentine) modifies the Alcoholic Beverage Control Act to address a variety of issues concerning the regulation of alcoholic products.

SB0274 Condominium Foreclosure Amendments (Urquhart) requires the beneficiary of a trust deed that is secured by real property that is subject to an association of unit owners under Title 57, Chapter 8, Condominium Ownership Act, or an association under Title 57, Chapter 8a, Community Association Act, to pay the unit’s share of certain common costs to the association after the trustee files a notice of default.

SB0281 Debt Collection Information Amendments (Bramble) allows certain employment records to be disclosed by the Unemployment Insurance Division to a creditor under a court order to collect on a judgment.

SB0272 Public School Funding Amendments (Bramble) provides that the number of weighted pupil units assigned to a charter school for the kindergarten and grades 1 through 12 programs of the Basic School Program shall be based on the average number of full-time equivalent pupils enrolled on October 1, December 1, and April 1 of the current school year.

The following bills passed the Senate on the consent calendar today:

SB 198 Utah Unitrust Act
SB 233 Request for Emergency Medical Assistance
SB 234 Fire Code Amendments
SCR 11S01 Concurrent Resolution on Radon Gas
HB 233 Funeral Services Licensing Act
HB 244 Mental Health Professional Practice Act
SB 213S01 Employer Association Health Plan

The following bills passed 3rd reading:

SB 194 S01 Pharmacy Practice Act Amendments (Vickers) Numerous changes to pharmacy code.

SB 206 Office of Medicaid Inspector General Amendments (Christensen) Empowers the Office of Inspector General of Medicaid Services to request eligibility information from a health insurance entity and other provisions.

SB 214S01 Continuing Education for Prescription Drugs (Jones) Establishes the continuing education requirements for controlled substance prescribers under the Utah Controlled Substances Act.

SB 203S01 Prescription Label Information and Education Amendments (Jones) Recommends information as to the condition for which the drug was prescribed to be on the label.

SJR 15 Joint Resolution Regarding the Impact of Adult Images on Children’s Development (Weiler) Warns of the negative impact of gateway pornography on brain development in children.

SB 186 Insurance Transactions Amendments (Robles) Permits an insurer to conduct a transaction in a language other than English; permits an insurer to provide documents in a language other than English; provides that the English version of insurance coverage governs if there is a complaint or dispute.

SB 207 Repeal of Health and Human Services Reports and Expired or Discontinued Programs (Christensen) Repeals documents no longer needed.

SB 83S01 Limitations on Outside Employment by Government Employee (Weiler) Bans outside employment by political appointees (same as career employees) if there is a potential conflict of interest.

SB 221 Assessment Area Act Amendments (Van Tassell) Authorizes an interlocal entity to issue a bond for an energy efficiency upgrade or a renewable energy system and makes other provisions relative to such systems.

SB 191S01 Administrative Law Judge Amendments (Harper) Creates process for evaluating these judges similar to other judicial evaluations.

SCR 10 Concurrent Resolution Regarding Monticello Mill Tailings Site (Hinkins) Urges the federal government to take action to ensure continued funding of cancer education, screening, and treatment services to victims of mill tailings exposure.

SB 93 Interlocal Cooperation Act Amendments (Valentine) Exempts certain entities from reporting under procurement law since they do not use public monies.

SB 208 Solar Photovoltaic Contractor License Amendments (Vickers) Grandfathers previously licensed contractors (14 small businesses) into current code relating to work on solar panels.

SB 200S03 Local and Special Services Districts Amendments (Stevenson) Numerous provisions relating to local districts and special service districts.

HB 290S02 Division of Real Estate Amendments (Froerer) Numerous modifications relating to real estate.

SB 80 Removal from Database Restricting Firearm Purchase (Thatcher) Provides a procedure for a person to be removed from a database which would restrict the person’s access to a firearm.

SJR 13 Joint Resolution Urging Governor and Utah’s Congressional Delegation to Secure Utah State Land (Osmond) Strongly urges the federal government to transfer title to public lands within the boundaries of the state of Utah to the state.

SB 226 Sales and Use Tax Amendments (Harper) This addresses collection of sales tax from remote sales. Defines “nexus” (the link to Utah). Issues are that Utah could be sued by companies that are taxed but that Utah “bricks and mortar” businesses are penalized and that it is a federal interstate commerce issue. A Constitutional Note accompanies the bill. Passed (barely) with 15 Yes and 12 Nays. I spoke against this bill.

SB 84 Sales and Use Tax Exemption for Short-term Lodging Consumables (Adams) Sales and use tax exemption for a short-term lodging consumable (shampoo, etc.).

SB 225 Immigration Trigger Dates (Bramble) Anticipated a federal waiver re comprehensive immigration law. Delay of trigger date is necessary or litigation and significant expense could result.

SB 73 Outdoor Recreation Office Act (Stevenson) Creates an office to coordinate outdoor recreation policies and management.

SB 103 Carson Smith Scholarship Amendments (Adams) Modifies the Carson Smith Scholarships for Students with Special Needs Act by establishing a formula for an annual increase in appropriations for scholarship payments.

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The following bills passed 2nd Reading:

HB 49S01 Voted and Board Levy Programs Amendments (Handy) Changes the date on which funds are distributed to support districts with not enough property tax.

HB 241 Underground Petroleum Storage Tank Financial Viability Study (Eliason) Requires the Department of Environmental Quality to study the financial viability of the Environmental Assurance Program and the Petroleum Storage Tank Trust Fund.

HB 224 Impact Fees Amendments (McCay) Numerous provisions governing certain entities that are required to comply with an impact fee facilities plan.

HB 99S02 Submitting Governmental Reports (Arent) Specifies that governmental reports shall be sent electronically unless a hard copy is specifically requested.

HB 217S02 State Fire Code Act Amendments (Dunnigan) Numerous amendments of the Fire Code.

HB 116 Sudden Cardiac Arrest Survival Act Amendments (Cunningham) Numerous provisions relating to ownership of or tampering with an AED.

HB 117 Regulation of Tattoo Industry (Stanard) Addresses identification, parental consent, etc. of a minor and protects businesses if ID is not valid.

HB 118S02 Automatic External Defibrillator Restricted Account (Cunningham) Creates the Automatic External Defibrillator Restricted Account; and grants rulemaking authority to the Bureau of Emergency Medical Services for the use of account.

HB 135 Medical Malpractice (Sanpei) Amends malpractice actions or arbitration proceedings.

HB 108 Metal Theft Amendments (Draxler) Increases penalties for theft of regulated metal.

HB 129 Amendments to Powers, Functions, and Duties of Office of Legislative Fiscal Analyst (Wilson)
Authorizes the Office of Legislative Fiscal Analyst to develop a taxpayer receipt website that allows a taxpayer to view on the website an estimate of how the taxpayer’s tax dollars are expended for government purposes.

HB 205 Contingency Plans for Political Subdivisions (Ivory) Requires a political subdivision that receives federal funds comprising 10% or more of the political subdivision’s annual budget to develop and publish a contingency plan describing how the political subdivision will operate in the event that the federal funds it receives are reduced.

HB 300 Retention of Sales and Use Tax Collections by Certain Remote Sellers (Eliason) Authorizes remote sellers who voluntarily collect a sales and use tax to retain 18% of sales and use taxes the remote sellers would otherwise remit to the State Tax Commission.

HB 142 Public Lands Policy Coordinating Office Amendments (Barrus) Requires a comprehensive study of public lands by the Public Lands Policy Coordinating Office and a recommendation as to the optimum use of public lands.

HB 204S05 Election Amendments (Eliason) Changes dates for submitting of absentee ballots to Thursday before Election Day. It was stated this was due to lack of mail delivery on Saturday but I don’t read the bill that way.

HB 92 Factual Innocence Assistance Amendments (Froerer) Provides that restitution for wrongful conviction may be paid to the spouse under certain conditions.

HB 209S02 Public Assistance Restrictions (Brown) Prohibits recipient of public assistance from accessing that money at adult-entertainment, liquor stores, gaming establishments, etc.

HB 194 State Employee Benefits Amendments (Dunnigan)
Closes an unfunded liability relating to use of sick leave upon retirement; changes to a 401 (k) contribution.

HB 278 Public Schools Seismic Studies (Froerer) Requires a school district to conduct or update a seismic safety evaluation of a school district building constructed before 1975 if the school district issues certain general obligation bonds on or after July 1, 2013; provides that a school district is not required to conduct or update a seismic safety evaluation of a building constructed before 1975 if a seismic safety evaluation was performed on the building within the 25-year period before the school district issues certain general obligation bonds; and provides that creation of a seismic safety evaluation of a school, or a list of schools needing seismic upgrades, shall not be construed as expanding or changing the state’s or a school district’s common law duty of care for liability.

HB 72 Safe Drinking Water Disclosure Act (Barrus) Requires that label on bags must correctly disclose the fluoride and well as any other materials enclosed.

HB 230S01 Emergency Vehicle Operators Training Requirements (Froerer) Requires an annual emergency vehicle operator’s training course.

HB 212 Disease Testing for Public Safety Officers Amendments (Brown) Allows disease testing of a prisoner if an emergency services provider or volunteer comes in contact with bodily fluids of the prisoner.

HB 50 Dating Violence Protection Act (Seelig) Provides for issuance of protective orders between individuals in a dating relationship.

HB 246 Expanded Uses of School District Property Tax Revenue (Mckiff)
Allows local school boards to use revenue collected from certain capital property tax levies for certain general fund purposes for fiscal years 2013-14 and 2014-15; requires a local school board to notify taxpayers of certain uses of property tax revenue.

HB 292 Premium Assistance under Medicaid and CHIP (Sanpei) Directs the Utah Department of Health to seek to maximize the use of Medicaid and Children’s Health Insurance Program funds for assistance in the purchase of private health insurance coverage for Medicaid-eligible and non-Medicaid-eligible individuals.

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