2009 LEGISLATIVE HIGHLIGHTS

DOPL AND RELATED BILLS THAT PASSED

Last Updated March 16, 2009

HOUSE BILLS THAT PASSED

 H.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, 2008 and ending June 20, 2009. This bill:

• provides budget increases and decreases for the uses and support of certain state agencies;
• provides budget increases and decreases for the use and support of certain institutions of higher education; and
• provides budget increases and decreases for other purposes as described.

It resulted in a decrease of DOPL’s current FY budget in the amount of $882,700.

H.B. 17 Expedited Partner Therapy Treatment

This bill amends the Pharmacy Practice Act in the Division of Occupational and Professional Licensing Act. This bill:

• defines terms;
• excludes from the definition of unprofessional conduct and unlawful conduct under the Division of Occupational and Professional Licensing, issuing a prescription for an antibiotic to an unnamed partner of a person who has any one of certain designated sexually transmitted diseases;
• does not mandate the use of expedited partner therapy;
• provides an option for physicians to use expedited partner therapy;
• makes conforming changes to the Pharmacy Practices Act;
• p rovides immunity from medical malpractice actions for a practitioner who uses    expedited partner therapy; and
• makes technical changes.

H.B. 45 Per Diem and Travel Expenses for State Boards and Commissions

This bill modifies the Administrative Services Code by amending provisions related to the establishment of per diem and travel expenses for a member of a board, commission, council, or committee in the executive branch of state government. This bill:

• defines terms;
• modifies procedures for the establishment of per diem rates by the Division of Finance for a member of a state board, commission, council, or committee in the executive branch of state government;
• amends the exemption for higher education employees to apply only if higher     education is paying the per diem or travel expenses;
• allows other governmental entities to adopt the established rates by reference;
• provides that a member who is a government employee that is being paid as an officer or employee while performing the member's service may not receive additional per diem or travel expenses;
• allows a member of the board or commission to decline to receive per diem;
• modifies procedures for the establishment of travel expenses by the Division of Finance for a member of a board, commission, council, or committee in the executive branch of state government;
• allows a member of the board or commission to decline to receive travel expenses; and
• makes technical changes.

 H.B. 106 Controlled Substance Database Amendments

This bill amends provisions of the Utah Controlled Substances Act relating to the controlled substance database. This bill:

• defines terms;
• expands the purposes for which a practitioner or pharmacist may access information on the controlled substance database;
• grants access to the controlled substance database to a mental health therapist under     certain circumstances;
• permits a practitioner to designate up to three employees, subject to approval by the      Division of Occupational and Professional Licensing, who can access the controlled      substance database on the practitioner's behalf;
• provides that a practitioner, or an employee of the practitioner, who obtains     information from the controlled substance database may include the information in the patient's medical chart or file and may provide the information to others in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996;
• grants rulemaking authority to the Division of Occupational and Professional Licensing;
• permits the Division of Occupational and Professional Licensing to impose a fee on    practitioners who designate an employee to access the controlled substance database, in order to recover the cost of determining whether the employee is a security risk;
• provides that a person who is a licensed practitioner or a mental health therapist shall be denied access to the database when the person is no longer licensed;
• provides that a person who is a relative of a deceased individual is not entitled to access information from the database relating to the deceased individual based on the fact or claim that the person is related to, or subrogated to the rights of, the deceased individual; and
• makes technical changes.

H.B. 108 Hormone Restoration Amendments

This bill amends the Utah Controlled Substances Act and the Naturopathic Physician Practice Act to permit a naturopathic physician to, pursuant to a license issued by the Division of Occupational and Professional Licensing, prescribe or administer testosterone in specified forms for the purpose of restoring a low testosterone level to a normal level. This bill:

• adds "naturopathic physician" to the definition of "practitioner" in the Utah Controlled Substances Act in order to allow a naturopathic physician to prescribe only testosterone, in the form and for the purposes described in this bill;
• requires a naturopathic physician to keep a record of testosterone:
• received by the naturopathic physician; and
• administered, dispensed, or professionally used by the naturopathic physician,    other than by a prescription;
• permits a naturopathic physician to prescribe or administer testosterone, pursuant to the requirements of federal and state law, if the testosterone is:
• bio-identical;
• designed to be administered topically, for transdermal absorption or designed to be absorbed across the mucosal membranes of the mouth; and
• prescribed solely for the purpose of treating a patient with a low testosterone      level in order to restore the patient to a normal testosterone level;
• provides that the provisions of Title 58, Chapter 71, Naturopathic Physician Practice Act, do not mandate health insurance coverage for the prescription or administration   of testosterone by a naturopathic physician; and
• makes technical changes.

H.B. 121 2 Sub Retired Volunteer Health Care Practitioner Act

This bill enacts the Retired Volunteer Health Care Practitioner Act in the Occupations and Professions Code. This bill:

• defines terms;
• establishes eligibility for a volunteer health care practitioner license;
• provides a waiver of division fees for licensing of a volunteer health care practitioner;
• limits the practice of a volunteer health care practitioner to exclusive charity care at a charity location; and
• requires supervision of a volunteer health care practitioner.

H.B. 128 Electronic Prescribing Act

This bill enacts the Electronic Prescribing Act within Title 58, Occupations and Professions. This bill:

• defines terms;
• requires a practitioner to provide each existing patient of the practitioner with the     option to participate in electronic prescribing , if the practitioner prescribes a drug or device for the patient on or after July 1, 2012;
• provides that a practitioner may not issue a prescription through electronic prescribing for a drug or device that the practitioner is prohibited by federal law or federal rule from issuing through electronic prescribing;
• requires a pharmacy to accept and comply with an electronic prescription that is      transmitted in accordance with the requirements of this section and rules made by the Division of Occupational and Professional Licensing; and
• grants rulemaking authority to the Division of Occupational and Professional Licensing to:
• enforce the provisions of this bill;
• ensure that electronic prescribing is done in a secure manner , consistent with      industry standards;
• ensure that each patient is fully informed of the patient's rights, restrictions, and    obligations pertaining to electronic prescribing; and
• grant a hardship exemption to a pharmacy or a practitioner, to the extent that the requirements of this bill would impose an extreme financial hardship on the pharmacy or the practitioner.

H.B. 144 Medical Language Interpreter Act

This bill enacts the Medical Language Interpreter Act, within the Division of Occupational and Professional Licensing Act. This bill:

• defines terms;
• provides that a person who renders language interpretation services between a health care provider who speaks English and another person (medical interpreter services), in Spanish, Russian, Bosnian, Somali, Mandarin Chinese, Cantonese, or Navajo may voluntarily obtain certification as a certified medical language interpreter;
• provides that a person may provide medical interpreter services without obtaining the certification described in the preceding paragraph;
• describes the requirements that a person must comply with in order to obtain      certification;
• makes it a class A misdemeanor to represent or hold oneself out as a certified medical language interpreter when not certified under the provisions of this bill;
• permits the division to charge a fee to recover the costs of administering the      certification examination and issuing the certificate described in this bill;
• grants rulemaking authority to the division; and
• allows the Department of Health and the Department of Human Services to give      priority to contracting with companies that use certified medical language interpreters.
  

H.B. 154 State Construction Registry Amendments

This bill amends the State Construction Registry and certain related powers of the Division of Occupational and Professional Licensing (DOPL). This bill:

• modifies the definition of final completion of an original contract and project;
• modifies the subcontractor preliminary notice requirements;
• modifies the notice of commencement filing requirements;
• modifies the DOPL standardized building permit numbering system;
• prohibits a compliance agency from deviating from the DOPL standardized building    permit numbering system; and
• makes technical corrections.

H.B. 173 1 Sub Outdoor Guides and Outfitters Licensing Act

This bill provides for the licensing of hunting guides and outfitters by the Division of     Occupational and Professional Licensing. This bill:

• enacts the Hunting Guides and Outfitters Licensing Act;
• provides definitions, including hunting guide, outfitter, and outfitting services;
• creates the Hunting Guides and Outfitters Licensing Board and provides for its duties and responsibilities;
• provides for the licensing of hunting guides and outfitters by the division;
• provides for qualifications for licensure as a hunting guide or outfitter, for the term of the license and its renewal, and for exemptions from licensure;
• provides grounds for denial of, suspension, revocation, or restrictions on a license issued under the act, and for disciplinary proceedings; and
• defines unlawful and unprofessional conduct as related to the conduct of licensed   hunting guides and outfitters.

H.B. 174 Licensing of Vocational Rehabilitation Counselors

This bill provides for the licensing of vocational rehabilitation counselors by the Division of Occupational and Professional Licensing. This bill:

• enacts the Vocational Rehabilitation Counselors Licensing Act;
• provides definitions regarding a licensed vocational rehabilitation counselor and the   practice of providing vocational rehabilitation services;
• creates the Vocational Rehabilitation Counselors Licensing Board and provides for its duties and responsibilities;
• provides for licensing qualifications, for licensure by credential, for the term of the    license and its renewal, and for exemptions from licensure;
• provides grounds for the denial, suspension, or revocation of a license or restrictions    placed on a license issued under the act; and
• defines unlawful and unprofessional conduct as related to licensed vocational     rehabilitation counselors.

 H.B. 254 Health Professional Authority – Death Certificates

This bill amends the Vital Statistics Act and the Motor Vehicle Act. This bill:

• amends definitions in the Vital Statistics Act;
• except for fetal deaths, authorizes a nurse practitioner in certain circumstances to state or certify cause of death, and complete and sign a death certificate;
• provides additional definitions in the Motor Vehicle Act; and
• allows a nurse practitioner to certify that a person has a disability, and will have the     disability for a particular length of time, for purposes of obtaining a disability special group license plate, a temporary removable windshield placard, or a removable windshield placard from the Motor Vehicle Division.
  

H.B. 265 Postmortem Procedures Amendments

This bill amends provisions of the Utah Vital Statistics Act and the Division of Occupational and Professional Licensing Act relating to the signing and filing of a certificate of death, and the release, transportation, and disposition of a dead body or dead fetus. This bill:

• defines terms;
• provides that, if a funeral service director is not retained, a designated agent or the next of kin of a decedent may sign and file the decedent's certificate of death;
• describes other rights and responsibilities of a designated agent or the next of kin of a decedent, when a funeral service director is not retained;
• makes it a class B misdemeanor for a person to intentionally sign the portion of a    certificate of death that is required to be signed by a funeral service director or a     dispositioner, unless the person:
• is a funeral service director, employed by a licensed funeral establishment; or
• is a dispositioner, if a funeral service director is not retained;
• requires the state registrar to post information on the state registrar's website, providing instructions to a dispositioner for complying with the requirements of law relating to the dispositioner's responsibilities for:
• completing and filing a certificate of death; and
• possessing, transporting, and disposing of a dead body or dead fetus;
• provides that the Utah Vital Statistics Act shall be construed to avoid interference, to the fullest extent possible, with the ceremonies, customs, rites, or beliefs of the decedent and the decedent's next of kin for disposing of a dead body or dead fetus;
• provides civil immunity to a person or institution who, in good faith, releases a dead     body or dead fetus to a funeral service director or a dispositioner;
• provides that, if an authorizing agent informs a funeral service establishment of the     presence of a pacemaker or other battery-powered, potentially hazardous implant, and the funeral service establishment fails to have the pacemaker or implant removed prior to cremation, then the funeral service establishment is liable for resulting damages; and makes technical changes.
  

H.B. 327 Building Inspector Amendments

This bill amends the Uniform Building Standards Act. This bill:

• requires that a local regulator issuing a single-family residential building permit      provide for a review of the building permit inspection; and
• makes technical changes.

H.B. 356 1 Sub Barber, Cosmetologist/barber, Esthetician, Electrologist, and Nail Technician Licensing Act Amendments

This bill modifies provisions of the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act. This bill:

• modifies definitions in the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act, to include barber instructor, cosmetologist/barber instructor, esthetician instructor, nail technician instructor, the practice of barbering instruction, the practice of cosmetology/barbering instruction, the practice of electrology, the practice of electrology instruction, the practice of esthetics instruction, and the practice of nail technology;
• modifies qualifications for licensure as a barber, a cosmetologist/barber, an esthetician, a master esthetician, and a nail technician;
• modifies apprenticeship provisions for barbershop apprenticeships and nail technician apprenticeships;
• modifies unprofessional and unlawful conduct provisions; and
• makes certain technical changes.

More specifically with regard to use of lasers it provides as follows:

• The practice of basic esthetician includes cosmetic laser procedures under direct supervision of a licensed health care practitioner as defined by rule, limited to the following:
• superfluous hair removal; or
• anti-aging resurfacing enhancements; or
• photo rejuvenation; or
• tattoo removal.
• The practice of master esthetician includes cosmetic laser procedures under the general supervision of a licensed health care practitioner as defined by rule, with a physician's evaluation before the procedure, as needed, and limited to the following:
• superfluous hair removal; or
• anti-aging resurfacing enhancements; or
• photo rejuvenation; or
• tattoo removal.
• The practice of electrology includes cosmetic laser procedures under the general supervision of a licensed health care practitioner as defined by rule, limited to
• superfluous hair removal.

H.B. 399 Charitable Care Amendments

This bill amends the Health Care Providers Immunity from Liability Act. This bill:

• makes technical amendments;
• amends the definition of health care provider; and
• amends the definition of remuneration to clarify that a charitable contribution is not      considered payment to the facility.

H.J.R. 21 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

1. Anesthesiologist Assistants - to study the licensing of anesthesiologist assistants.
3. Construction Trades Licensing - to study whether to require contractors and subcontractors to hold construction funds in trust (H.B. 318).
5. DOPL Review - to study and review the responsibilities of the Division of Occupational and Professional Licensing and its efficiency.

11. HVAC Licensing - to study the licensing of heating, venting, and air conditioning (HVAC) technicians (H.B. 117 and 1st Sub. H.B. 117).
15. Licensure Exemptions - to study the removal of an exemption allowing a professional engineer to practice architecture and an exemption allowing an architect to practice engineering or structural engineering (H.B. 99).
19. Resolving Residential Construction Defects - to study mediation processes that other states require or strongly recommend for resolving residential construction disputes.
20. Seismic Evaluation Requirements - to study a requirement that a seismic evaluation for a condominium conversion must be performed by a licensed professional structural engineer (H.B. 416).
 Engineering Programs - to study ways to accelerate the number of engineers trained in the state.
44. School of Veterinary Medicine Partnership - to study whether to establish a school of veterinary medicine at Utah State University, in partnership with an established school, with    Utah State University providing the first two years and the partnering school providing the clinicals.

53. GRAMA Issues - to study a balancing test for the release of records and other GRAMA issues (H.B. 122).
54. Post Office Box Addresses - to study whether to include post office box numbers on all state forms.

58. Returned Mail - to study the policies of state agencies regarding returned mail.

73. Hospital Emergency Services - to study incentives to decrease the inappropriate use of emergency rooms and other issues related to the cost and quality of emergency services use (S.B. 119).
77. Prescription Drug Disposal - to study ways to expand current efforts to properly dispose of unused over-the-counter and prescription drugs and how to facilitate, as a method of disposal, a reverse distribution process pharmacists use for returning drugs to manufacturers.
79. Substance Abuse - to study strategies to address the prevention of substance abuse.

102. Controlled Substances - to study whether to add salvia divinorum to the statutory list of controlled substances and designate it as a Schedule I controlled substance (H.B. 277).
104. Illegal Prescription Drug Use - to study illegal possession of prescription drugs, including drugs obtained by mail or the Internet without a valid prescription.

184. State Employee Pay Issues - to study the state's ability to do across-the-board pay cuts for state employees rather than furloughs.
185. Diversity and Sensitivity Training - to study diversity and sensitivity training for new legislators.
186. Ethics - to study provisions related to legislative ethics (H.B. 159).
187. Ethics Committee Members - to study procedures for Ethics Committee membership selection (H.J.R. 26).
188. Ethics Complaints - to study an ethics process for complaints against lobbyists.
189. Legislative Pay - to study whether the Legislature should be salaried.
190. Lifting a Bill from Committee - to study and rewrite provisions governing lifting a bill from a standing committee, including the Rules Committee.
191. Lobbying by Former Employees or Legislators - to study whether Utah should adopt the federal rule that bars lobbying by former employees or legislators for a period after leaving employment or service.
193. Reporting Gifts - to study legislator reporting of gifts and other items (H.B. 268).
195. State Ethics Commission - to study the establishment of a state Ethics Commission (S.B. 101, H.B. 93).

SENATE BILLS THAT PASSED

S.B. 2 New Fiscal Year Appropriations Act

This bill appropriates funds for the support and operation of state government for the fiscal year beginning July 1, 2009 and ending June 30, 2010. This bill:

• provides appropriations for the use and support of certain state agencies;
• provides appropriations for the use and support of certain institutions of higher education;
• provides appropriations for other purposes as described;
• provides intent language;
• approves employment levels for internal service funds;
• approves capital acquisition amounts for internal service funds;
• authorizes rates and fees.

It establishes DOPL’s fee schedule and sets DOPL’s budget at $9,148,700.

S.B. 3 Appropriations Adjustments

This bill supplements or reduces appropriations previously provided for the use and operation of state government for the fiscal years beginning July 1, 2008 and ending June 30, 2009 and beginning July 1, 2009 and ending June 30, 2010. This bill:

• provides budget increases and decreases for the use and support of certain state agencies;
• provides budget increases and decreases for the use and support of certain institutions of higher education;
• provides funds for the bills with fiscal impact passed in the 2009 General Session;
• provides budget increases and decreases for other purposes as described;
• approves capital acquisition amounts for internal service funds;
• authorizes rates and fees;
• provides intent language.

This bill as it applies to DOPL funds new legislation with fiscal notes as follows:

• H.B. 106, Controlled Substance Database Amendments $ 5,000
• H.B. 173, Hunting Guides and Outfitters Licensing Act $ 1,300
• H.B. 174, Licensing of Vocational Rehabilitation Counselors $21.100
• SB 137, Physical Therapy Practice Act $30,700

S.B. 26 Open and Public Meeting Act – Meeting Record

This bill modifies the Open and Public Meetings Act by amending provisions related to minutes and a recording of an open meeting. This bill:

• clarifies that the minutes of a meeting must include information requested to be added by a member only if that information was part of the proceedings of the meeting;
• provides specific circumstances as to when the written minutes of an open meeting      become a public record;
• requires a public body to establish and implement procedures for approval of written minutes;
• requires that a recording of an open meeting must be available to the public for      listening within three business days after the meeting;
• repeals a requirement that a recording must be converted to written minutes within a     reasonable time upon request;
• provides that a meeting recording is not required for site visits or traveling tour or for certain small local districts; and
• makes technical changes.

S.B. 79 3 Sub Health Reform – Medical Malpractice Amendments

This bill amends the standard of proof necessary for a malpractice claim in an emergency room. This bill:

• defines terms;
• establishes a standard of proof of clear and convincing evidence for malpractice actions based on emergency care received in an emergency room; and
• sunsets the clear and convincing standard of proof on July 1, 2013.
  

S.B. 88 Administrative Rulemaking Act Amendments

This bill modifies the Utah Administrative Rulemaking Act to require agencies to notify the Administrative Rules Review Committee if the agencies already have a rule in place that meets the requirements of new legislation. This bill:

• requires that, when a statute is enacted that requires agency rulemaking and the      affected agency already has rules in place that meet the statutory requirement, the      agency shall submit the rules to the Administrative Rules Review Committee within 60 days after the statute takes effect.

S.B. 97 Good Samaritan Act for Engineers

This bill provides immunity for professional architectural and engineering services      voluntarily provided during a declared state of emergency. This bill:

• provides immunity from liability for professional architectural and engineering      services produced:
• for a public official on a non-paid, voluntary basis; and
• during a declared state of emergency.

S.B. 117 1 Sub Advance Health Care Directive Act Amendments

This bill amends the Advance Health Care Directive Act to expand the list of health care professionals authorized to determine whether an adult lacks health care decision making capacity and to sign a life with dignity order. This bill:

• defines terms;
• authorizes a physician assistant to determine whether an adult lacks health care decision making capacity, if the physician assistant is permitted to make that determination under a delegation of services agreement;
• provides that a physician assistant may prepare orsign a life with dignity order , if the physician assistant is permitted to prepare or sign the life with dignity order under a delegation of services agreement; and
• makes technical changes.

S.B. 124 2 Sub Indemnification for Design Professional Services

This bill forbids certain indemnification provisions in contracts entered into using public funds by a state agency. This bill:

• defines "design professional" to include certain architects, engineers, and surveyors;
• forbids a design professional from indemnifying certain parties to a contract entered into by a state agency;
• provides exceptions for:
• a design professional's negligence, wrongful conduct, or certain other conduct;      and
• indemnification of others under the design professional's control; and
• prohibits waiving the indemnification prohibition by contract.

S.B.137 Physical Therapy Practice Act

This bill recodifies and amends the Physical Therapist Practice Act. This bill:

• defines terms;
• recodifies the "Physical Therapist Practice Act" as the "Physical Therapy Practice Act";
• describes the membership and duties of the Physical Therapy Licensing Board;
• requires the board to designate a member of the board to assist the division in reviewing and investigating complaints of unlawful or unprofessional conduct;
• prohibits a person from practicing physical therapy in Utah, unless the person is licensed to practice physical therapy in Utah or is exempt from the requirements of this bill;
• describes the requirements for licensure as a physical therapist or a physical therapist assistant;
• describes requirements relating to the term of a license, license renewal, exemption from licensure, and denial of a license;
• describes the power of the Division of Occupational and Professional Licensing to      discipline a license holder and to issue a cease and desist order;
• describes the practice of physical therapy and the scope of a license for a physical therapist and a physical therapist assistant;
• describes the function of a physical therapy aide;
• describes the duties of a physical therapist in relation to patient care and management;
• describes the circumstances under which a physical therapist may administer certain    prescription medications;
• grants rulemaking authority to the Division of Occupational and Professional Licensing;
• describes requirements relating to the practice of animal physical therapy;
• describes unlawful and unprofessional conduct relating to physical therapy;
• provides for confidentiality and immunity, under certain circumstances, for reporting unlawful or unprofessional conduct;
• exempts a physical therapist assistant from licensure under the Massage Therapy     Practice Act;
• includes a physical therapist assistant as a health care provider covered under the provisions of the Utah Health Care Malpractice Act; and
• makes technical changes.

S.B.142 Disposition of a Dead Body

This bill amends provisions of the Utah Vital Statistics Act and the Utah Medical Examiner Act to prohibit a person from rendering a dead body unavailable for postmortem investigation or autopsy, unless the person first obtains a permit from the medical examiner. This bill:

• defines terms;
• makes it a class B misdemeanor to engage in any conduct that makes a dead body     unavailable for postmortem investigation, unless, before engaging in that conduct, the person obtains a permit from the medical examiner;
• states that the provisions and penalties for the crime of "abuse or desecration of a dead human body" supercede the provisions and penalties for the crime described in this bill;
• enacts provisions relating to the application, granting, and denial of an application for a permit to render a dead body unavailable for postmortem investigation;
• provides that the medical examiner may charge a fee to recover the costs of fulfilling the duties described in this bill; and
• makes technical changes.

S.B. 143 Sunset Act and Repealers Reauthorizations

This bill reauthorizes certain named state entities and programs that are scheduled to sunset before the 2010 Annual General Session. It makes technical changes.

With regard to DOPL, it recasts Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act for another ten years. It is now repealed unless reenacted on July 1, 2019.

S.B.163 Construction Trade Exemption

This bill modifies the exemptions from licensure provision of the Utah Construction Trades Licensing Act regarding electrical and plumbing work done on building projects with a value of less than $3,000. This bill:

• provides that electrical and plumbing work done within a six month periodon a building project with a value of less than $3,000 must be done by a licensed electrical or plumbing contractor if the project involves an electrical or plumbing system; and
• provides that the electrical or plumbing work may be done by a licensed journeyman electrician or plumber if the project involves a component of an electrical or plumbing systemsuch as a faucet, toilet, fixture, device, outlet,or electrical switch.

S.B.211 Building Code Amendments

This bill modifies the adoption and administration of the building and fire codes. This bill:

• modifies the powers and duties of the Uniform Building Code Commission, including:
• authorizing the commission to recommend building codes to the Legislature for   adoption; and
• authorizing the commission to adopt building codes for public welfare during     the legislative interim that are repealed at the end of the next legislative session;
• modifies the powers and duties of the Fire Prevention Board, including:
• authorizing the board to recommend fire codes to the Legislature for adoption; and
• authorizing the board to adopt fire codes for public welfare during the legislative interim that are repealed at the end of the next legislative session; and
• makes technical corrections.

S.B.230 2 Sub Construction Payment Amendments

This bill amends the portion of the Utah Code relating to mechanic's liens by changing     notification requirements. This bill:

• requires an owner and a lender to file a notice of completion with the State Construction Registry;
• requires certain owners or contractors of a commercial nonresidential construction project to file a notice of intent to file a notice of completion with the State    Construction Registry;
• requires a person to file a balance statement with the State Construction Registry;
• allows a person to make a demand for adequate assurance;
• creates a civil action for failure to provide adequate assurance;
• creates a civil action if a person makes a bad faith misrepresentation on the person's balance statement; and
• makes technical corrections.