H.J.R. 14 Enrolled

1

MASTER STUDY RESOLUTION
2 2007 General Session
3 STATE OF UTAH
4 Chief Sponsor: David Clark
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This joint resolution of the Legislature gives the Legislative Management Committee
10 items of study it may assign to the appropriate interim committee.
11 Highlighted Provisions:
12 This resolution:
13 . gives the Legislative Management Committee items of study it may assign to the
14 appropriate interim committee during the 2007 legislative interim;
15 . directs interim committees assigned these studies to study and make
16 recommendations for legislative action to the 57th Legislature prior to the 2008
17 Annual General Session; and
18 . suggests in approving studies the Legislative Management Committee give
19 consideration to the available time of legislators and the budget and capacity of staff
20 to respond.
21 Special Clauses:
22 None
23
24 Be it resolved by the Legislature of the state of Utah:
25 WHEREAS, the Legislative Management Committee is created by law as a permanent
26 committee to receive and assign matters for the interim study of the Legislature; and
27 WHEREAS, the 57th Legislature has determined that certain legislative issues require
28 additional investigation and study:
29 NOW, THEREFORE, BE IT RESOLVED that the Legislative Management Committee

30 is given the following items of study to assign to the appropriate interim committee with the
31 duty to study and make recommendations for legislative action to the 57th Legislature prior to
32 the 2008 Annual General Session.
33 BE IT FURTHER RESOLVED that the Legislative Management Committee, in
34 making study assignments from this list and in approving study requests for individual
35 committees, give consideration to the available time of legislators and the budget and capacity
36 of staff to respond adequately to the number and complexity of the assignments given.
37 1. Alternatives to the Sexually Explicit Business and Escort Tax - to study and
38 evaluate the scope of, and possible alternatives to, the current Title 59, Chapter 27, Sexually
39 Explicit Business and Escort Service Tax, including whether to impose a charge on
40 establishments that serve alcoholic beverages and want to permit persons in stages of undress
41 to provide services on those premises, ensuring that the distributions of monies collected from
42 any tax, fee, or charge is distributed to the appropriate state agencies to assist in addressing
43 issues related to sexual offenses, and providing for effective collection and enforcement of any
44 tax, fee, or charge.
45 2. Assumption of Indebtedness - to study federal preemption of Title 57, Chapter 15,
46 Assumption of Indebtedness on Residential Real Property.
47 3. Auto Insurance Coverage - to study state minimum requirements for automobile
48 insurance coverage.
49 4. Building Standards - to study Title 58, Chapter 56, Utah Uniform Building
50 Standards Act.
51 5. Construction Industry Pay Practices - to study the use of independent contractor
52 status and cash payments to workers to avoid obligations under state, federal, and local
53 workers' compensation and unemployment insurance taxes.
54 6. Deferred Deposit Loans - to study treatment of payments and operational
55 restrictions, including the contents of the required written contract and prohibitions on the
56 number, term, and the amount of a deferred deposit loan (H.B. 329).
57 7. Disaster Insurance - to study state disaster insurance for individual homes using the

58 state as pool.
59 8. Displaced Mobile Home Owners - to study assistance for mobile home owners
60 displaced from a mobile home park because of a change in land use (H.B. 332).
61 9. Employer Organizations - to study the regulation of professional employer
62 organizations.
63 10. Employment Verification - to study state participation in the federal employment
64 verification program (1st Sub. H.B. 156).
65 11. Fair Market Value in Limited Liability Corporations - to study and compare "fair
66 market value" for minority stockholder shares in limited liability corporations and regular
67 corporations and explanations for the difference in treatment or definition.
68 12. Garnishment Fees - to study whether fees paid to an employer should be paid by
69 the creditor or the employee, and whether the amount of an employer's processing fee for a
70 continuing garnishment should be capped (H.B. 90).
71 13. Health Insurance and Worker's Compensation - to study issues related to health
72 insurance managed care and worker's compensation.
73 14. Insurance Mandates - to study health insurance mandates and their effects on small
74 businesses.
75 15. Legal Status Requirements - to study the legal status requirements for state
76 workers and contractors on state projects.
77 16. Minimum Wage - to study increases in the minimum wage and a review of
78 minimum wages by the Labor Commission (H.B. 256).
79 17. Mobile Home Owners - to study the rights of mobile home owners.
80 18. Motor Vehicle Coverage - to study the Motor Vehicles Warranties Act to
81 determine the scope and extent of coverage.
82 19. Noncompetition Agreements - to study enacting statutes related to employee
83 noncompetition agreements.
84 20. Operational Requirements for On-premises and Off-premises Beer Retailers - to
85 study whether there should be certain similar operational requirements on off-premises beer

86 retailers as there are on on-premises beer retailers.
87 21. Payday Lending - to study the payday lending loan industry (S.B. 329).
88 22. Payday Lending Issues - to study payday lending in general.
89 23. Payments to Employees - to study enforcement of labor and other laws affected by
90 the practice of paying employees with cash.
91 24. Plumbing Licensing - to study plumbing license changes.
92 25. Prescription Drug Information - to study commercial use of prescription drug
93 information.
94 26. Prescriptions by Psychologists - to study licensure for prescriptions by
95 psychologists.
96 27. Prosthetic Coverage - to study insurance coverage for prosthetics.
97 28. Reduction in Workers' Compensation Benefits - to study the 50% reduction in
98 workers' compensation benefits when a person begins to receive Social Security insurance
99 benefits, whether the reduction should be maintained, reduced, or eliminated, and the impact
100 on the individual and the budget.
101 29. Resident Relocation Assistance - to study methods of funding relocation assistance
102 for residents displaced by the sale of mobile home parks.
103 30. Restitution for Enforcement of Alcoholic Beverage Laws - to study whether an
104 alcoholic beverage licensee encouraging enforcement of laws prohibiting minors from entering
105 an establishment should receive restitution from a convicted minor for the licensee's costs.
106 31. Savings by Low and Moderate Income Families - to study creating incentives for
107 low and moderate income families to save for education, retirement, etc. and to form assets in
108 general.
109 32. Service of Garnishments - to study whether recourse should be available against an
110 entity that disregards obvious information and causes a garnishment to be served on the wrong
111 person.
112 33. Small Business Health Insurance - to study how to develop a basic health
113 insurance product for small employers and their employees that is affordable and not subject to

114 the traditional mandates.
115 34. Small Business Health Plan - to study and identify the most effective health
116 insurance programs for small businesses that share actuarial risk broadly (H.B. 152).
117 35. Uniform Real Property Electronic Recording - to study providing for the validity
118 and recording of electronic documents, and creating the Electronic Recording Commission to
119 adopt standards for recording electronic documents (S.B. 88).
120 36. Workers' Compensation - to study issues related to the Workers' Compensation
121 Fund of Utah.
122 37. Alternative to Basic Skills Competency Test - to study allowing the State Board of
123 Education to use a nationally norm-referenced test to satisfy the basic skills competency test
124 requirement (H.B. 331).
125 38. Applied Technology - to study issues related to applied technology education and
126 governance (H.B. 371 and S.B. 229).
127 39. Basic School Levy - to study implementing inflationary increases into the
128 minimum basic school levy program and adding statutory language to allow for increases based
129 on the Consumer Price Index.
130 40. College Degrees - to study reduced-cost college degrees.
131 41. Community Councils - to study issues related to school community councils.
132 42. Cost of College Degrees - to study issues related to reduced-cost college degrees.
133 43. Education Excellence - to study professional excellence in public education.
134 44. Education Funding - to study issues related to public education and charter school
135 funding.
136 45. Funding College and Workforce Readiness Assessments - to study a legislative
137 initiative whereby the state pays for all 9th grade, 10th grade, and 11th grade students to take a
138 series of college and workforce readiness assessments with content standards in English, math,
139 reading, and science as developed by ACT.
140 46. Funding Formula - to study the school transportation funding formula.
141 47. Indicators of School Quality - to study implementing the seven indicators of school

142 quality as identified by the Center for the School of the Future at Utah State University.
143 48. Kindergarten Readiness - to study statewide prekindergarten program, including
144 provisions of the Kindergarten Readiness Initiative (S.B. 222).
145 49. Mission of Higher Education - to study the role and mission of higher education at
146 individual institutions.
147 50. Obesity Prevention in Schools - to study expanding Gold Medal Schools to include
148 middle schools.
149 51. Online Testing in Public Education - to study online testing for criterion
150 referenced tests, the UBSCT, and other state mandated tests in public education.
151 52. Public Education Funding - to study the equalization of all state and local public
152 school education funding.
153 53. School Services for the Deaf and Blind - to study ways to more effectively provide
154 services that will meet the needs of deaf and blind students throughout the state (3rd Sub. H.B.
155 291).
156 54. Statewide Compensation for Teachers - to study uniformity in handling
157 compensation for teachers by the state rather than by individual school districts and charter
158 schools.
159 55. Taylor Plan - to study state-funded, merit-based opportunities for high school
160 students to earn their college tuition, meet standardized test scores, and meet and maintain
161 grade point average requirements.
162 56. Teacher Loans - to study low cost loans for teachers (H.B. 416).
163 57. Teacher Salaries and Benefits - to study and compare the salary schedules and
164 benefits of neighboring states and determine the advisability and means of increasing teacher
165 salaries to the national average, and continue ProExcel implementation.
166 58. Technology in Schools - to study ensuring technology-assisted instruction is
167 utilized in Utah's public schools.
168 59. Testing and Diplomas - to study high school diploma requirements and high stakes
169 testing.

170 60. Use of Education Funds - to study the use of surplus Education Fund and Uniform
171 School Fund monies (H.B. 429).
172 61. Withdrawal from Compact - to study the withdrawal of the state from the Compact
173 for Education (S.B. 128).
174 62. Agency Influence - to study the role the Office of Ethnic Affairs plays in
175 influencing legislation, including links from state websites to various affiliations.
176 63. Audit of Leases Related to Revenue Bonds - to study requiring certain contract
177 clauses related to the financial condition of a private entity that is making lease payments
178 pledged to pay the principal or interest on revenue bonds (H.B. 251).
179 64. Certifying Ballot Information - to study consolidation of dates relating to
180 certification of ballot information by the Lieutenant Governor.
181 65. Constitutional Defense Council - to study the duties of the Constitutional Defense
182 Council.
183 66. Early Voting - to study early voting for the disabled in municipal elections.
184 67. Financing Legislative Races - to study issues related to the public financing of
185 legislative races in Utah.
186 68. Legal Notices - to study issues related to the posting of legal notices on the Internet
187 (S.B. 67).
188 69. Noncitizen Utilization of Public Services - to study noncitizen use of public
189 services using research from other states, and Utah's experience.
190 70. Noncompete Reimbursement - to study the feasibility of having new employees
191 sign a noncompete or reimbursement contract that provides that if, after being trained at state
192 expense, they leave for another government job (i.e. state to county), either the employee or the
193 government entity the employee joins be required to reimburse the state for training costs.
194 71. Notice of Public Meetings Website - to study the feasibility of creating a
195 state-provided website for state and local governmental entities to post notices of their
196 meetings.
197 72. Ombudsman Consolidation - to study consolidating the ombudsman's offices into

198 an information center.
199 73. Political Activities of Public Entities - to study Title 20A, Chapter 11, Part 12,
200 Political Activities of Public Entities Act, to determine whether the current statute adequately
201 defines and limits public entities from influencing ballot propositions, whether increased
202 penalties for a violation of the act should be provided, and determine whether the act
203 adequately identifies who is responsible for enforcement of the act against violations.
204 74. President Elections - to study enacting an agreement between states to elect the
205 President of the United States by national popular vote (H.B. 346).
206 75. Public Employees Union Financial Responsibility - to study reporting
207 requirements for public employee unions (H.B. 430).
208 76. Public Hearings on Water Rights - to study amending open meetings laws to
209 expand the current strategy session exemption for the discussion of the sale, purchase,
210 exchange, or lease of real property to include personal property, including the purchase of
211 water rights.
212 77. Remedy for Alleged Sexual Harassment - to study whether to amend the
213 Utah-Anti-Discrimination Act to make it clear that alleged victims of sexual harassment have
214 the right to pursue claims which would be actionable under Utah common law.
215 78. State Planning Coordinator - to study the powers and duties of the state planning
216 coordinator.
217 79. Veterans' Benefits and Procurement Preferences - to study the current programs to
218 help veterans enjoy economic self-reliance by providing them a preference program for
219 government procurement contracts.
220 80. Voter Registration and Provisional Voting - to study permitting election day voter
221 registration and extending provisional voting to all elections (1st Sub. H.B. 287).
222 81. Wage Comparison - to study and compare wages of corrections officers with
223 those of surrounding states, including privatized prison employees.
224 82. Baby Watch and Early Intervention - to study the feasibility of utilizing private
225 insurance for the early intervention program.

226 83. Cancer Prevention - to study vaccinations for cervical cancer.
227 84. Children with Autism - to study what measures can be taken to address the role of
228 whether an unhealthy immune system is causing autism in children.
229 85. Cigarette Ignition - to study reducing cigarette ignition propensity.
230 86. Contraceptive Equity - to study issues related to contraceptive equity.
231 87. Deaf/Blind - to study definitions of "deaf" and "blind" in the Utah Code.
232 88. Disaster Case Management - to study "pay for performance" strategies for quality
233 improvement and cost management of Medicaid disaster cases.
234 89. Enhancing Service to Aged and Disabled - to study and identify efficiencies and
235 evaluate options for enhancing and expanding the home and community-based care
236 infrastructure and related services for aged and disabled Utahns.
237 90. Health Care Cost Shifting - to study health care cost shifting and how it can be
238 reduced.
239 91. Health Care Financing Issues - to study the relationships, similarities, differences,
240 costs, patient characteristics, and outcomes between home and community-based waiver
241 services and institutional care.
242 92. Health Care Utilization - to study whether there is overutilization of health care
243 services in the public or private sector.
244 93. Insurance for Morbid Obesity - to study requiring the Insurance Commissioner to
245 adopt administrative rules directing insurance carriers to offer accident and health insurance for
246 morbid obesity (H.B. 225).
247 94. License Exemption in Child Care - to study the license exempt portion of child
248 care licensing.
249 95. Local Health Department Funding - to study and evaluate state funding in relation
250 to state services provided and other sources of local health department funding.
251 96. Low Income Cancer Screening - to study expanding breast and cervical cancer
252 screening for low income women ages 40-50.
253 97. Managed Care and Insurance - to study issues related to managed care, including

254 existing law, and affordable health insurance.
255 98. Medicaid Provider Reimbursement Rates - to study and compare Medicaid
256 provider reimbursement rates with market insurance rates and create a plan to improve provider
257 rates.
258 99. Medical Assistance Funds - to study the portability of medical assistance funds
259 (S.B. 61).
260 100. Medically Uninsured - to study reimbursement for health care services affecting
261 the medically uninsured (H.B. 136).
262 101. Midwife Licensing - to study Direct-entry midwife licensure amendments.
263 102. Needs of Medicaid Patients - to study requiring acceptance of Medicaid patients,
264 how to better serve those individuals, and the level of funding for Medicaid patients.
265 103. Nursing Care Facilities - to study the need to lift the nursing home Medicare
266 moratorium, how to allow more "choice" in skilled nursing home care, and how to bring more
267 free market competitiveness into the nursing facility market.
268 104. Nursing Home Moratorium - to study a moratorium on new nursing homes that
269 use Medicare funds.
270 105. Pandemic Issues - to study the recommendation by the Governor's Task Force on
271 Pandemic Influenza Preparedness to examine the effectiveness of executive branch emergency
272 powers needed to respond to an influenza pandemic.
273 106. Placing Children into Adoption - to study limiting the placing of children into
274 adoption to child placing agencies only.
275 107. Promotion of Health Efficiencies - to study requiring the Medicaid program to
276 allow the use of telemedicine for certain services that are otherwise reimbursable under the
277 state Medicaid plan, and review guidelines for reimbursing for telemedicine services (H.B.
278 444).
279 108. Rate Bonding and Affordable Health Care - to study rate bonding by health
280 insurers and affordable health care.
281 109. Telehealth - to study telehealth and telemedicine initiatives.

282 110. Transport Fees - to study EMS transport and nontransport fees for emergency
283 response.
284 111. Uninsured Issues - to study health insurance for uninsured children over 200% of
285 the federal poverty level, requiring full-time higher education students to have health insurance,
286 and providing vaccines for underinsured children.
287 112. Utah Premium Partnership - to study the use of public and private partnerships to
288 provide health insurance (H.B. 267).
289 113. Womens' Health - to study womens' health issues.
290 114. Administrative Law Judge Issues Related to the Labor Commission - to study
291 whether the Labor Commission's administrative law judges (ALJ's) should be moved to the
292 courts and whether ALJ decisions should be appealed straight to the Utah Court of Appeals.
293 115. Criminal Case Judgment Collections - to study aiding collection of criminal case
294 judgments by the Office of State Debt Collection, and consider clarifying that judgments on
295 criminal cases are abstracted or otherwise recorded in a way that assists in collection by the
296 office, and consider statute of limitations and victim restitution collection issues (civil v.
297 criminal status).
298 116. Custodial Interrogations - to study requiring custodial interrogations at police
299 stations to be recorded for admissibility in court.
300 117. Custody Evaluators - to study the training, appointment or selection, and payment
301 of custody evaluators.
302 118. Custody in Cases of Sexual Offense - to study custody of children when a parent
303 has been convicted of a sex offense involving a minor.
304 119. Custody Relationships - to study the way relationships with children of divorce
305 are characterized, and the labels given to the parent the child does not live with (S.B. 178).
306 120. Enforcing Child Visitation Orders - to study methods of enforcing child visitation
307 orders, including whether some of the same enforcement measures used to enforce child
308 support orders could be used to enforce visitation orders.
309 121. Parent-time - to study issues related to noncustodial and custodial parent time.

310 122. Qualified Domestic Relations Order - to study the effect of death after a Qualified
311 Domestic Relations Order.
312 123. Reporting on Appellate Court Rulings - to study requiring the Office of
313 Legislative Research and General Counsel to make an annual report to the Judiciary Interim
314 Committee regarding any final, unappealable opinion by certain appellate courts that holds a
315 Utah Code provision unconstitutional (S.B. 212).
316 124. Split Estates - to study issues related to split estates.
317 125. Status of Nonbiological Parent - to study legal determinations of parent status of
318 the nonbiological parent upon the death or disability of the biological parent in alternative
319 family situations.
320 126. Surcharge Cycle - to study changing the cycle in which court surcharges are
321 remitted to the state.
322 127. Wrongful Death Designation - to study selecting a wrongful death designee in a
323 will or trust (S.B. 58).
324 128. Communications Law - to study amending a provision of the communications
325 fraud law to address an issue of vagueness.
326 129. Concealed Weapons Sales - to study concealed weapons sales outside Utah and
327 Utah's concealed weapons permit law.
328 130. Consumption of Alcohol or Drugs when Pregnant - to study options, including
329 voluntary and involuntary treatment, and adding consumption of alcohol or drugs when
330 pregnant to the definition of child neglect.
331 131. Criminal Code Review - to study and review the state's criminal code for
332 antiquated, unconstitutional, outdated, and unused criminal provisions for possible repeal or
333 revision.
334 132. Death Penalty Execution Procedures - to study Utah's execution provisions, case
335 law addressing procedure requirements, various methods regarding execution by lethal
336 injection, and related policies on the issue.
337 133. Document Fraud - to study issues related to document fraud (H.B. 131).

338 134. Early Intervention - to study utilizing early intervention programs, and directing a
339 portion of monies saved due to these programs to early intervention pilot programs.
340 135. Felony Classifications for Adult Sex Offenses - to study and evaluate the current
341 first and second degree felony classifications of certain adult sex offenses.
342 136. Human Trafficking - to study criminalizing human trafficking for forced labor
343 and for sexual exploitation (H.B. 167).
344 137. Identity Theft Impact - to study the impact of illegal immigrants on identity theft
345 levels.
346 138. Inmate Costs - to study issues related to inmate medical costs.
347 139. Jail Issues - to study jail contracting and reimbursement.
348 140. Law Enforcement Districts - to study establishing a separate process for the
349 creation of a county service area to provide extended police protection services (H.B. 450).
350 141. Penalty for Illegal Vehicle Use - to study the suspension of hunting or fishing
351 privileges for illegal use of a vehicle (H.B. 421).
352 142. Police Services - to study issues related to the consolidation of police services.
353 143. Sex Offender Registry - to study and develop a sex offender registry policy that
354 places Utah in compliance with the federal Adam Walsh Act.
355 144. Sex Offender Registry Amendments - to study and update the current law,
356 including addressing F.B.I. recommendations, clarifying requirements, and increasing
357 frequency of reporting by sex offenders.
358 145. Air Quality Planning - to study the findings of a stakeholder-based task force
359 within the Division of Air Quality that will review the likely impacts of new air quality
360 standards for PM2.5 and ozone on public health, transportation, and economic development in
361 Utah, consider options for funding work in the division to identify and implement actions
362 necessary to address those impacts, and review this report in the Natural Resources,
363 Agriculture, and Environment Interim Committee in 2007 on the impacts and funding options.
364 146. Care of Waste Facilities - to study perpetual care of commercial radioactive and
365 hazardous waste disposal facilities.

366 147. Drinking Water Source Protection - to study the need for a state law requiring the
367 adoption by counties and cities of a drinking water source protection ordinance similar to the
368 provisions included in H.B. 140, Safe Drinking Water Amendments.
369 148. Electronic Recycling - to study a state program for the recycling of electronic
370 devices (S.B. 76).
371 149. Halting Fluoridation by Vote - to study voting to remove fluoridation from the
372 water supply of a city or town.
373 150. Local Water Supply Provisions - to study the requirements of UCA Section
374 10-7-4, regarding water supplies, and recommend the removal of obsolete provisions, if any.
375 151. Nonprofit Water Companies - to study developing a separate nonprofit code for
376 nonprofit water companies, and to correct any unintended consequences from the passage of
377 S.B. 9 and S.B. 53, 2007 General Session.
378 152. Petroleum Storage Fund - to study the solvency of the Petroleum Storage Tank
379 Trust Fund.
380 153. Protection of Surface Owner When Minerals Developed - to study establishing a
381 procedure for mineral development on private land to protect and properly notify the surface
382 owner (H.B. 121).
383 154. Public Lands Policy Coordinating Council - to study the duties of the Public
384 Lands Policy Coordinating Council.
385 155. Public Lands Policy Coordinating Office - to study the powers and duties of the
386 Public Lands Policy Coordinating Office.
387 156. Recycling - to study capitol hill recycling.
388 157. Safe Drinking Water - to study protecting water sources from contamination
389 (H.B. 140).
390 158. School and Institutional Trust Lands - to study School and Institutional Trust
391 Lands (SITLA) issues, including whether the lands held are public or private, public access to
392 the lands, the preservation of lands for public purposes, SITLA compensation, and other issues.
393 159. State Engineer Return Flow Decisions - to study how return flow from imported

394 waters should be addressed in decisions of the state engineer.
395 160. State Engineer's Role in Forfeiture Issues - to study and review the state
396 engineer's role in dealing with forfeiture issues associated with a change application.
397 161. State Engineer's Use of Burden of Proof Standard - to study whether to amend the
398 Utah Water Code to specify that the state engineer or the Division of Water Rights