2008 LEGISLATIVE HIGHLIGHTS

DOPL AND RELATED BILLS THAT PASSED

Last Updated March 6, 2008

HOUSE BILLS THAT PASSED

H.B. 2 New Fiscal Year Supplemental Appropriations Act

This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal year beginning July 1, 2008 and ending June 30, 2009. It provides appropriations for the use and support of certain state agencies. It provides appropriations for the use and support of certain institutions of higher education. It provides appropriations for other purposes as described. It provides intent language. It approves employment levels for internal service funds. It approves capital acquisition amounts for internal service funds. It authorizes rates and fees.

H.B. 3 Appropriations Adjustments

This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal year beginning July 1, 2007 and ending June 30, 2008. It provides budget increases and decreases for the uses and support of certain state agencies. It provides funds for the bills with fiscal impact passed in the 2008 General Session. It provides budget increases and decreases for other purposes described. It provides intent language.

H.B. 4 State Agency & Higher Ed Compensation Amendments

This bill supplements or reduces appropriations previously provided for the use and operation of state government and funds compensation changes for state and higher education employees for the fiscal year beginning July 1, 2008 and ending June 20, 2009.

More specifically, the bill:

(1) provides budget increases and decreases for the compensation of state and higher education employees not including school district personnel;

(2) provides for a 3% cost of living allowance for state and higher education employees not including school district personnel;

(3) provides for an additional 2% cost of living allowance for state employees not including school district personnel contingent upon changes in health benefit plans;

(4) adjusts funding for changes in health plans offered to state employees not including school district personnel contingent upon such changes;

(5) provides funding for a 9.9% increase in premiums charged for higher education employee health benefits;

(6) provides funding for an increase in the cost of retirement for certain employees;

(7) adjusts funding for changes in the cost of Workers' Compensation; and

(8) provides funding for a 3% contract increase for certain contract service providers.

H.B. 10 Disclosure of Identity to Officer

This bill provides that it is a class B misdemeanor for a person to fail to disclose the person's name when disclosure is demanded by a peace officer after the peace officer stops the person based on a reasonable suspicion that the person has committed, is in the act of committing, or is attempting to commit, a criminal offense, and provides certain exceptions. It provides that a peace officer may, without a warrant, arrest a person for failure to disclose identity if the peace officer has reasonable cause to believe that the person committed the offense. It makes technical changes.

H.B. 12 Controlled Substances and Paraphernalia

This bill modifies the Controlled Substances Act regarding controlled substances, drug    paraphernalia, and certain plea processes. More specifically, it specifies that a plea in abeyance for the offense of production or distribution of a controlled substance is considered to be a conviction for sentencing enhancement purposes. It amends language regarding items used to ingest or inhale controlled substances so the language refers to all controlled substances, rather than specifically marijuana, cocaine, and hashish. It clarifies that a person may be charged for an illegal drug or paraphernalia offense and may also be charged for a violation of any other section of the Controlled Substances Act or the Drug Paraphernalia Act. It makes technical changes.

H.B. 19 Assault on a Peace Officer Penalty Amendments

This bill modifies the Criminal Code regarding assault on a peace officer. More specifically, it increases the penalty for committing a second or subsequent assault against a peace officer from a class A misdemeanor to a third degree felony. It provides that the section amended in this bill does not affect the exercise of constitutional rights, including the right of free speech and the right of assembly. It defines "peace officer" to mean a law enforcement officer certified under Section 53-13-103. This definition does not appear to include DOPL investigators.

H.B. 26 Notary Public Revisions

This bill amends the definition of “satisfactory evidence of identity” to provide that personal identification includes a passport, or other identification issued by the United States government, any state within the United States, or a foreign government, and that a driving privilege card is not satisfactory evidence of identity. It eliminates requirements for a notary's address to appear on the notary's seal. It provides that a notary's change of address must be given to the lieutenant governor. It makes technical changes.

H.B. 27 Lieutenant Governor Powers – Administration of Oaths

This bill modifies the State Officers and Employees title by amending the powers of the lieutenant governor. It allows the lieutenant governor and designated employees to administer oaths.

H.B. 47 2 Sub Standards for Electronic Exchange of Clinical Health Information

This bill authorizes the Department of Health to adopt standards for the electronic exchange of clinical health information. It defines terms. It authorizes the department to require individuals who elect to participate in an electronic exchange of clinical health information to use the standards adopted by the department. It requires the department to report to the Legislature's Health and Human Service's Interim Committee concerning the adoption of the standards for the secure electronic exchange of clinical health information. It coordinates rulemaking authority between the Department of Health and the Insurance Department.

H.B. 53 1 Sub Impact of Administrative Rules on Small Business

This bill modifies the Administrative Rulemaking Act to address the economic impact of state agency rules on small businesses. It requires a state agency to consider methods to minimize the impact of an agency's proposed administrative rule if the agency reasonably expects the rule will have a measurable negative fiscal impact on small businesses. It makes technical corrections regarding cross references.

H.B. 63 Recodification of Title 63 State Affairs in General

This bill modifies Title 63, State Affairs in General, by recodifying and renumbering the content of the title to other parts of the code. It renumbers and moves almost all chapters in Title 63 to different or new titles, chapters, and parts of the code. It creates new titles into which many chapters of Title 63 are renumbered and moved. It amends cross-references to coincide with renumbering of sections. It repeals certain redundant provisions. It makes technical changes.

H.B. 64 Disclosure of Information by the Department of Workforce Services

This bill modifies the Employment Security act to address disclosure of information by the Department of Workforce Services. It authorizes the Unemployment Insurance Division to disclose information to the Department of Commerce for certain purposes. It updates language related to industry codes or classifications. It makes technical and conforming changes.

H.B. 78 Title 78 Recodification and Revision

This bill is a Recodification, Revision, and Renumber of Title 78, Utah Code Annotated, 1953. Bill Summary. It creates two new titles within the Code: Title 78A – Judiciary and Judicial Administration; and Title 78B – Judicial Code. The Prelitigation Program section move from Title 78, Chapter 14 to Title 78B, Chapter 3, Part 4. The bill also makes other technical and stylistic changes.

H.B. 79 Sunset Reauthorizations and Amendments

This bill reauthorizes certain named state entities and programs that are scheduled to sunset before the 2008 Annual General Session. It makes technical changes. With regard to DOPL, it eliminates sunset review requirement for Title 38, Chapter 1, Sections 27, and 30 through 37, State Construction Registry; and extends the sunset date for Title 58, Chapter 9, Funeral Services Licensing Act, to July 1, 2018.

H.B. 80 2 Sub Administrative Rule Penalty Amendments

This bill modifies various provisions regarding rulemaking authority by repealing statutory provisions that authorize certain state agencies to determine by administrative rule what conduct constitutes a criminal penalty. It also makes technical changes. With regard to DOPL, it repeals the clause “or the administrative rules issued under that chapter” in Subsection 58-37d-4(1)(d).

H.B. 119 1 Sub Controlled Substance Database Amendments

This bill amends provisions of the Utah Controlled Substances Act relating to the controlled substance database and establishes a pilot program for real-time reporting of data to, and access from, the controlled substance database. It defines terms. It makes it a third degree felony to obtain or attempt to obtain information from the controlled substances database for a purpose other than a purpose authorized by statute or rule. It prohibits access to, and use of, identifying information in the controlled substance database, by discovery, subpoena, or similar process, in certain civil, judicial, administrative, or legislative proceedings. It establishes a pilot program, beginning July 1, 2008, and ending on July 1, 2010, for the real-time reporting of, and access to, controlled substance database information by pharmacies, pharmaceutical facilities, and physicians. It requires the Division of Occupational and Professional Licensing to contract with a private entity to upgrade, operate, and maintain the database in the pilot area. It grants rulemaking authority to the Division of Occupational and Professional Licensing in relation to the pilot program. It requires the Division of Occupation and Professional Licensing to report on the pilot program and the advisability and cost of implementing the pilot program on a statewide basis. It requires the Division of Occupational and Professional Licensing to implement the pilot program established in this bill as a permanent program on a statewide basis, on or before July 1, 2010. It makes technical changes.

H.B. 159 Professional Employer Organization Licensing Act

This bill modifies provisions related to the Insurance Code and Occupations and Professions to change the regulation of professional employer organizations from registration under the Division of Occupational and Professional Licensing to licensure under the Insurance Department. It repeals the Professional Employer Organization Registration Act. It enacts the Professional Employer Organization Licensing Act, including: defining terms; addressing the duties of the Insurance Department, including rulemaking; providing for confidentiality of certain information; outlining enforceable rights and obligations in a coemployment relationship; discussing covered employees; outlining rights and obligation affected or unaffected by the act; establishing financial requirements; addressing issues such as insurance, taxation, benefit plans, workers' compensation, unemployment compensation insurance, and employment related economic incentives; imposing licensing requirements and procedures, including grandfathering; and providing for enforcement. It also makes technical and conforming amendments.

H.B. 184 Construction Amendments

This bill requires that the standardized building permit number required by statutes be printed and displayed in the upper right-hand corner of the building permit in at least 12-point type. The bill takes effect on July 1, 2008.

H.B. 187 1 Sub Death Caused by Illegal Drugs

This bill sets forth a civil cause of action against persons who provide illegal controlled substances that cause or contribute to the death of a person. More specifically, it provides that the estate of a person who died due to the use of an illegal controlled substance may bring a civil action against any person who illegally provided or administered the substance, and against any person who illegally provided the substance to any person in the direct chain of supply of providing the substance to the person who provided the substance to the deceased person. It provides an exemption in these actions regarding certain limitations on punitive damages. It provides that this bill does not create or impose liability on the parent or guardian of a minor who acts in violation of the provisions of this bill unless the parent or guardian acts in violation of this bill. It provides for treble damages. It provides that the burden is on the party bringing the action to establish the causal connection between the illegal controlled substance and the death.

H.B. 202 1 Sub Employee Benefit Amendments

This bill modifies the Utah State Retirement and Insurance Benefit Act by allowing the transfer of certain member's defined benefit balance to a defined contribution plan, by adding certain employees who may elect to be excluded from membership in the public employees retirement systems. More specifically, it defines certain terms. It allows certain elected state officials and certain appointed executives and senior staff to elect to have the members' defined benefit balance transferred from the defined benefit system or plan to a defined contribution plan. It allows certain employees to be excluded, upon written request, from future coverage under the Public Employees' Contributory Retirement System and the Public Employees' Noncontributory Retirement System, including employees of the Commission on Criminal and Juvenile Justice, employees of the governor's offices, and employees of the state treasurer and state auditor. It makes technical changes.

H.B. 245 Administration of Medication to Students Amendments

This bill modifies the State System of Public Education Code relating to the administration of medication to students. It allows school administrators rather than school boards to meet certain requirements. It modifies the role of school nurses relating to the administration of medication to students. It makes technical corrections.

H.B. 250 Public Employee Benefit Approval Provisions

This bill modifies the Public Employees' Benefit and Insurance Program Act by amending provisions related to the determination of state employee insurance benefits. More specifically, it requires the Public Employees' Benefit and Insurance Program (PEHP) to provide the Legislature with its recommended benefit adjustments for state employees. It requires that PEHP determine benefits and rates based on the total estimated costs and the employee premium shares established by the Legislature.

H.B. 277 Pandemic Preparedness Amendments

This bill amends the Health Care Providers Immunity from Liability Act. It provides that an entity that allows a governmental agency or political subdivision to use its building to provide drugs or vaccines during certain declared public health emergencies is protected from liability during the public health emergency.

H.B. 361 Anti-Seizure Drug Notification

This bill amends the Pharmacy Practice Act. It requires a pharmacist or pharmacy intern who substitutes a drug product equivalent for an epilepsy drug prescribed to a patient to treat or prevent seizures to notify the prescribing practitioner prior to the substitution, regardless of whether the substitution is a substitution of a generic drug for another generic drug, a generic drug for a nongeneric drug, a nongeneric drug for another nongeneric drug, or a nongeneric drug for a generic drug. It provides an exception to the notification requirement when the drug product equivalent is paid for in whole or in part by Medicaid. It makes technical changes.

H.B. 375 Deception Detection Examiners Licensing Act Amendments

This bill amends the Deception Detection Examiners Licensing Act. It provides that supervision of a deception detection intern is not required to be done directly. It provides for a criminal background check of a person who applies for a license as a deception detection examiner or a deception detection intern. It makes technical changes.

H.B. 399 Medication Aide Certified Amendments

This bill amends the Nurse Practice Act. It changes the status of Medication Aide Certified from a pilot program to an ongoing certification by the Division of Occupational and Professional Licensing. It amends definitions. It permits the use of the restricted fund in the Nurse Education and Enforcement Fund for reviewing and approving nurse education and medication aide certified education programs. It authorizes the division to issue citations for unlawful or unprofessional conduct. It moves the authority to impose a penalty form one code section to another code section. It makes technical amendments.

H.B. 401 Master Plumber Licensing

This bill modifies provision of the Utah Construction Trades Licensing Act by providing for new license classifications o f master plumber and residential master plumber in the pluming trade. It defines “master plumber' and “residential master plumber” for purpose of the license classification in the plumbing trade. It modifies provisions related to the composition of the Plumber's Licensing Board. It recognizes master plumbers and residential master plumbers as license classifications under the Utah Construction Trades Licensing Act. It provides educational and practical experience qualifications for licensure as a master plumber and residential master plumber. It makes certain technical changes.

H.B. 437 Funeral Services Licensing Act Amendments

This bill modifies provisions of the Funeral Services Licensing Act related to the cremation and disposition of cremated human remains and the distribution of preneed funeral arrangement funds. It provides definitions pertaining to the cremation and disposition of cremated human remains. It provides an authorization process for a funeral service establishment to cremate human remains, including the required content of a cremation authorization form. It provides a criminal penalty for individuals who remove valuables from human remains without authorized permission. It provides for record keeping by a funeral service establishment of the contacts between the establishment and persons who deliver and receive the human remains of persons cremated at the establishment's crematory. It provides guidelines regarding the use and acceptance of cremation containers. It provides for cremation procedures to be followed by a funeral service establishment, including the required receipt or proof of a death certificate, the removal of a pacemaker or other battery powered implant from the human remains prior to cremation, verification of the identification of the human remains, and return of the cremated remains to an authorizing agent or the agent's designee. It provides for the final disposition of cremated remains and limitation of liability on the part of a funeral service establishment. It modifies requirements regarding the distribution of preneed funeral arrangement funds by a funeral service establishment.

H.B. 443 Membership of Occupational and Professional Licensure Review Committee

This bill amends provisions of the Occupational and Professional Licensure Review Committee Act related to the committee's membership. It modifies the Committee from 13 members to nine members by reducing the number of nonlegislators on the committee. It reduces the quorum requirements from seven to five members. It makes certain technical changes.

H.B. 459 Construction Trades Exemption

This bill modifies the Construction Trades Licensing Act. It increases the ceiling on the building cost exemption in the Utah Construction Trades Licensing Act from under $1,000 to under $3,000 on alterations, repairs, additions, remodels, or improvements to a building. It requires a one-time affirmation subject to periodic reaffirmation filing by those who engage in projects greater than $1,000. The affirmation must establish that the person had public liability insurance in coverage amounts and form established by the Division; and if applicable, workers compensation insurance which would cover an employee of the person if that employee worked on the construction project. It adds to the classifications that the exemption does not apply to, the following: installation, repair, or replacement of an alarm system; and installation, repair or replacement of a heating, ventilation, or air conditioning system (HVAC).

H.J.R. 7 Joint Resolution Recognizing Unreinforced Masonry Buildings

This joint resolution of the Legislature urges the Utah Seismic Safety Commission to compile an inventory of unreinforced masonry buildings in the state. It urges the Commission to use the data to determine the extent of the problem in the state. It urges the Commission to recommend priorities to address the problem in a manner that will most effectively protect the lives, property, and economy of the state.

SENATE BILLS THAT PASSED

S.B. 1 State Agency and Higher Education Base Budget Appropriations

This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal year beginning July 1, 2007 and ending June 30, 2008, and appropriates funds for he support and operations of state government for the fiscal year beginning July 1, 2008 and ending June 30, 2009. Establishes agency base budgets. Appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2007 and ending June 30, 2008. It provides appropriations for the use and support of certain state agencies. It provides appropriations for use and support of certain institutions of higher education. It provides appropriations for other purposes as described. It approves employment levels for internal service funds. It approves capital acquisition amounts for internal service funds. DOPL's budget is set at $9,353,300.

S.B. 3 Current Fiscal Year Supplemental Appropriations Act

This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal year beginning July 1, 2007 and ending June 20, 2008. It provides budget increases and decreases for the uses and support of certain state agencies. It provides budget increases and decreases for the use and support of certain institutions of higher education. It provides budget increases and decreases for other purposes as described. It provides intent language.

S.B. 24 Retirement Death Benefits and Divorce

This bill modifies the Utah State Retirement and Insurance Benefit Act by allowing certain life insurance benefits to be split in the case of a court order due to a divorce. More specifically, it defines benefits that are subject to a domestic relations order to include a death benefit provided under a group insurance policy in order to allow the group insurance policy to be split along with other retirement benefits as part of a domestic relations order issued by a court for the division of assets. It makes technical amendments.

S.B. 38 6 Sub Transparency in Government

This bill modifies the Utah Administrative Services Code by providing that certain public financial information be made available on the Internet and modifies certain notice requirements of the Open and Public Meetings Act. It extends the date that notice of open and public meetings must be placed on the Utah Public Notice Website from April 1, 2008 to October 1, 2008. It prohibits a court from voiding a final action taken by a public body for failure to comply with the posting written notice requirements on the Utah Public Notice Website if the posting is made for a meeting that is held prior to April 1, 2009. It provides for definitions. It creates the Utah Public Finance Website for the purpose of providing public financial information, and provides that it be administered by the Division of Finance. It requires state entities to provide public financial information that will be accessed through the Utah Public Finance Website. It provides the required capabilities of the website, and provides for website accessibility. It creates the Utah Transparency Advisory Board to advise the Division of Finance on website implementation and administration and on what public financial information must be made available on the      Internet; and to develop plans, make recommendations, and evaluate the cost effectiveness of      implementing certain information resources on the website. It provides that the Division of Finance, in connection with the board, may make rules to: determine what public financial information must be made available on the Internet; require specific reporting obligations that are required of participating entities, including the frequency and form of submission of the information; and establish minimum website capability requirements. It provides for board membership and other duties.

S.B. 43 Administrative Rules Reauthorization

This bill reauthorizes all state agency administrative rules, except a rule regarding secure areas at the State Hospital ; and a rule regarding the issuing of concealed firearms permits.

S.B. 56 1 Sub Naturopathic Physician Licensing Amendments

This bill amends the licensing provisions of the Naturopathic Physician Practice Act. It specifies that the Division of Occupational and Professional Licensing may rely on a credentialing association to certify that an applicant for licensure by endorsement as a naturopathic physician has met one or more of the requirements for licensure. It makes technical amendments.

S.B. 66 1 Sub Uniform Emergency Volunteer Health Practitioner's Act

This bill enacts provisions governing licensed practitioners from outside of the state who come to Utah to provide health and veterinary services in response to declared emergencies in Utah . It defines terms. It provides for the registration and regulation of volunteer health practitioners from outside of Utah . It authorizes Utah to regulate, direct, and restrict the scope and extent of services provided by volunteer health practitioners. It provides limitations on the civil liability exposure of volunteer health practitioners. It allows volunteer health practitioners who suffer injury or death while providing services the option to elect workers' compensation benefits as an exclusive remedy.

S.B. 77 1 Sub Revisions to Government Records Access and Management Act

This bill modifies Title 63, Chapter 2, Government Records Access and Management Act, by amending sharing of records between government entities provisions and protected records provisions. It amends sharing provisions to provide procedures for sharing records with the      Legislature. It clarifies that all bids, including bids and applications submitted in response to     requests for proposals and grants, are public records after the bidding period has closed.

S.B. 81 1 Sub Illegal Immigration

This bill requires a county sheriff to make a reasonable effort to determine the citizenship status of a person confined to a county jail for a period of time and to verify the immigration status of a confined foreign national. It makes it a rebuttable presumption, for the purpose of determining the grant or issuance of a bond, that a person verified by the sheriff's efforts as a foreign national not lawfully admitted into the United States is at risk of flight. It provides that the Alcoholic Beverage Control Commission may not grant a restaurant liquor license or private club license to a person who is not lawfully present in the United States . It provides for the creation and issuance of identification documents and requires that those identification documents issued by public entities go only to United States citizens, nationals, or legal permanent resident aliens with certain exceptions. It provides for exceptions to the issuance of identification documents by public entities based on valid documentation of certain approved or pending immigration status and places time period restrictions on the length of validity of the documents. It requires public employers to register with and use a Status Verification System to verify the federal authorization status of a new employee. Beginning July 1, 2009, it provides that a public employer may not enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of the contractor's new employees. It provides that it is unlawful to discharge a lawful employee while retaining an unauthorized alien in the same job category. It requires an agency or political subdivision of the state to verify the lawful presence in the United States of an individual who has applied for a state or local public benefit, as defined by federal law, or a federal public benefit that is administered by the agency or the political subdivision and provides for exceptions. It requires an applicant for a state or local public benefit to certify the applicant's lawful presence in the United States , and provides penalties for making a false, fictitious, or fraudulent statement or representation in the application. It provides, subject to the availability of funding, for the establishment of a Fraudulent Documents Identification Unit by the attorney general for the primary purpose of      investigating, apprehending, and prosecuting individuals who participate in the sale or distribution of fraudulent identification documents created and prepared for individuals who are unlawfully residing within the state. It requires the attorney general to negotiate a Memorandum of Understanding with the United States Department of Justice or the United States Department of Homeland Security for the enforcement of federal immigration and customs laws within the     state by state and local law enforcement personnel. It prohibits a unit of local government from enacting an ordinance or policy that limits or prohibits a law enforcement officer or government employee from communicating or cooperating with federal officials regarding the immigration   status of a person within the state. It makes it a class A misdemeanor for a person to:  transport in this state an alien for commercial advantage or private financial gain, knowing that the alien is in the United States in violation of federal law, in furtherance of the illegal presence in the United States; or to conceal, harbor, or shelter from detection an alien, in a place within this state for commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien is in the United States in violation of federal law.

S.B. 88 Uniform Model Registered Agent Act

This bill enacts Title 16, Chapter 16, Uniform Model Registered Agents Act, and makes conforming amendments. More specifically, it defines terms. It provides for the manner of a business's appointment, change, and termination of a registered agent. It addresses service of process on a business entity with a registered agent. It provides a venue for certain actions concerning a company with or without a registered agent. It provides duties for a registered agent. It addresses the effect of other laws. It specifically provides that Title 16, Chapter 16, Uniform Model Registered Agents Act, does not have retrospective effect. It makes conforming amendments to other business entity provisions, including concerning: registered agents, registered offices, designated offices, and principal offices; and time limits for which a business entity may be without a registered agent. It makes technical changes.

S.B. 93 7 Sub Licensed Direct Entry Midwife Amendments

This bill amends the Direct-entry Midwife Act. More specifically, it defines low risk birth. It amends the definition of the practice of Direct-entry midwifery. It requires administrative rulemaking for standards of practice related to mandatory transfers of clients. It creates an advisory committee for the administrative rules related to licensed Direct-entry midwives. It repeals the advisory committee in two years.

S.B. 98 Licensing of Security Services

This bill modifies provisions related to the licensing of persons who provide security services. It modifies definitions related to the licensing of contract security companies and private security officers by establishing new classifications for armored car companies and armored car security officers. It modifies the composition of the Security Services Licensing Board by including in its membership an individual who is an officer or owner of a licensed armored car company. It provides for the licensing of armored car companies and armored car security officers as new classifications. It establishes qualifications for licensure as an armored car company and armored car security officer. It provides that it is unlawful conduct for an armored car company to employ the services of an unlicensed armored car security officer, with certain exceptions. It provides unprofessional conduct and penalty provisions related to armored car companies and armored car security officers.

S.B. 111 Revisor's Statute

Modifies parts of the Utah Code to make technical corrections including eliminating references to repealed provisions, making minor wording changes, updating cross references, and correcting numbering.

S.B. 114 Notary Public Revisions

This bill modifies the Notaries Public Reform Act by amending disqualification provisions from performing a notary act. It allows an attorney to notarize a document when the attorney is named in the document if the attorney is only named as representing a signer or another person named in the document. It makes technical changes.

S.B. 163 Certified Public Accountant Licensing Act Amendments

This bill modifies provisions of the Certified Public Accountant Licensing Act related to exemptions from licensure to practice public accountancy in this state.
It modifies the licensure by endorsement provisions for a certified public accountant by limiting its application to only those persons seeking to obtain a license issued by the state. It provides a mobility provision for licensed certified public accountants by creating an exemption from licensure for a person licensed as a certified public accountant by any other state, district, or territory of the United States whose principal place of business is not in Utah, and who is licensed from a state which the National Association of State Boards of Accountancy National Qualification Appraisal Service has verified to be substantially equivalent to the CPA licensure requirements of the Uniform Accountancy Act; or who is from a state not verified by the National Qualification Appraisal Service, but the person is able to obtain that verification from the service and meet other requirements as a condition for receiving the exemption. It modifies certified public accountancy unlawful conduct and unprofessional conduct provisions. It eliminates obsolete transition provisions for education and licensure and updates professional and technical definitions. It makes certain technical changes.

S.B. 174 Dentist and Dental Hygienist Practice Act Amendments

This bill eliminates foreign accreditations for dentists and hygienist to obtain a license in Utah . Specifically, it repeals the authorization allowing licensure of dentist and dental hygienists who received degrees outside the United States .

S.B. 189 Independent Contractor Database

This bill modifies provisions related to commerce to provide for the creation of a database related to independent contractors. It enacts the Independent Contractor Database Act. It defines terms. It limits the scope of the chapter. It creates an Independent Contractor Enforcement Council and establishing its duties. It discusses study items including coordination with the Uninsured Motorist Identification Database. It requires reporting. It requires the creation of a database. It addresses confidentiality of the information on the database. It limits liability. It provides a repeal date for the Independent Contractor Database Act;. It makes technical amendments.

S.B. 200 Professional Engineers Licensing Amendments

This bill modifies the Professional Engineers and Land Surveyors Licensing Act by further distinguishing between the practice of professional engineering and the practice of structural engineering. It modifies the definition of the practice of structural engineering. It restricts professional engineers from practicing in the areas defined for structural engineers. It exempts applicants for licensure as a professional structural engineer from examination requirements under certain circumstances, until January 1, 2009. It provides an expert witness exemption for persons licensed outside the state of Utah .

S.B. 220 1 Sub Cause of Action for Defective Construction

This Bill creates limitations on a cause of action for defective construction. It limits a cause of action for defective construction to a breach of contract action, unless there is certain other property damage or personal injury. It addresses who may bring an action for defective construction.

S.B. 295 Security Alarm Business Licensing Amendments

This bill modifies the Utah Construction Trades Licensing Act by requiring that a person be licensed in order to work on alarm systems. It requires that work as a security alarm business or company or as an alarm company agent be performed by a licensed alarm business or company or a licensed alarm company agent, except as otherwise provided in the Utah Construction Trades Licensing Act. It prohibits employing an unlicensed alarm business or company or an unlicensed individual as an alarm company agent, except under specified exemptions. It requires an alarm business or company to be licensed to maintain or commence action for collection of compensation for work performed for which a license is required.

S.J.R. 14 Master Study Resolution

This joint resolution of the Legislature gives the Legislative Management Committee items of study it may assign to the appropriate interim committee during the 2008 legislative interim. It directs interim committees assigned these studies to study and make recommendations for legislative action to the 58 th Legislature prior to the 2009 Annual General Session. It suggests in approving studies the Legislative Management Committee give consideration to the available time of legislators and the budget and capacity of staff to respond.

More specifically, the following study items may be relevant to DOPL:

MASTER STUDY RESOLUTION

DOPL EXTRACTS

Item 2 . Antidiscrimination Act Modifications - to study whether the Utah Antidiscrimination Act should be modified to include additional protected classes.
Item 4 . Bid Preference - to study bid preference concerning the Department of Labor's Office of Apprenticeship-approved apprenticeship programs and in-state contractors.
Item 5 . Boards and Commissions - to study boards and commissions under the Department of Commerce, including how often they meet, their functionality, and funding.

Item 7 . Certificate of Occupancy - to study certificate of occupancy requirements for   residential structures.
Item 60 . Human Resources - to study revising the state Human Resources statutes.
Item 61 . Legislative Ethics - to study and define "expenditure of campaign funds," "conflict of interest," and "legislative gifts."
Item 62 . Legislative Ethics Reform - to study expenditure of campaign donations, promoting legislative action that is a financial conflict of interest, and investigating alleged ethics violations.

Item 65 . Ombudsman - to study ways to better inform, investigate, and mediate to assist    citizens and agencies to resolve disputes.
Item 66 . Open and Public Meetings Act - to study coordinating GRAMA with the Open and Public Meetings Act.
Item 68 . Public Notices on the Web - to study a public notice website for legal and all other  government notices.
Item 71 . State Per Diem - to study standardized per diem requirements for all state agencies.

Item 77 . Anesthesiologists - to study the licensing of anesthesiologists.
Item 88 . Death Certificate Procedures - to study data and form requirements of custodial    funeral directors and physicians related to processing death certificates (S.B. 175).
Item 90 . Drug Overdose and DUI Reporting and Controlled Substances Monitoring – to study the feasibility and impact of requiring hospitals to report admissions for drug overdoses to the Department of Health and to the prescribing health care practitioner; creating a process for developing better practice protocols for prescribing controlled substances and monitoring   patient use; and exploring the feasibility of having law enforcement or the courts report arrests or convictions for driving under the influence of a prescribed controlled substance to the health care practitioner who prescribed the controlled substance.

Item 101 . Medicaid Malpractice - to study Medicaid malpractice reform.

Item 106 . Patient Safety - to study the role of government in addressing issues related to patient safety in Utah 's health care facilities.
Item 107 . Preferred Drug List - to study preferred drug lists: successes, failures, and options.
Item 108 . Prescription Licensure - to study prescription licensure of psychologists.
Item 109 . Prescription Overdose - to study the impact of unintended overdoses from prescription drugs.

Item 115 . Telepharmacy - to study defining "telepharmacy" (S.B. 291).

Item 125 . Physician Liability - to study requiring physicians to be liable for drug addiction resulting from their prescribing schedule 2 drugs (Stephenson amendment to H.B. 119).
Item 129 . Citation Quotas - to study a prohibition on citation quotas (H.B. 264).
Item 130 . Controlled Substances - to study issues related to controlled substances, including SUDA controls (H.B. 267).
Item 132 . Immigration - to study issues related to immigration.
Item 156 . County Surveyors - to study issues related to county surveyors (S.B. 129 and S.B. 158).
Item 199 . Independent Entities - to study whether independent entities are competing with the private sector and whether actions of independent entities go beyond what state statute has authorized.
Item 200 . Independent Entity - to study issues related to independent entities.
Item 202 . Retirement - to study retirement issues.
Item 203 . Retirement Benefits - to study retirement benefits for law enforcement, fire, and public service employees (H.B. 328).
Item 204 . Spousal Election - to study retirement issues related to spousal election (H.B. 94).

Item 227 . Budgetary Procedures - to study recodifying the Budgetary Procedures Act.
Item 229 . Compensation and Revenue - to study and evaluate the need for fee or other non-General Fund revenue increases in the same fiscal year as a compensation increase, and    determine a method to authorize this action.

Item 233 . Zero-based Budgeting - to study Sen. Niederhauser's Zero-based Budgeting   Proposal.
Item 234 . Fiscal Notes - to study replacing the current fiscal note process with a dynamic     economic analysis.
Item 235 . Limiting Personal Privileges - to study prohibiting, by rule, personal privileges for the purpose of introducing guests during the last two weeks of the annual legislative general   session.

Web Page Updated 03.31.2008