yo101jimmy
Regular Member
So has anyone posted the new laws for Utah 2011? I didnt see anything but might have missed it...
So has anyone posted the new laws for Utah 2011? I didnt see anything but might have missed it...
HB 75(S1) removes the roving GFSZ that was created anywhere a school function such as a field trip was taking place (good). It will take a more in depth analysis, but it appears that it also widened the definition of a school (potentially bad). Governor signed.
(i) in a public or private elementary, secondary, or on the grounds of any of those schools;
(ii) in a public or private vocational school or postsecondary institution or on the grounds of any of those schools or institutions;
(iii) in those portions of any building, park, stadium, or other structure or grounds which are, at the time of the act, being used for an activity sponsored by or through a school or institution under Subsections (1)(a)(i) and (ii);
(iv) in or on the grounds of a preschool or child-care facility; and
(v) within 1,000 feet of any structure, facility, or grounds included in Subsections (1)(a)(i), (ii), (iii), and (iv).
(1) As used in this section, "on or about school premises" means:
(a) (i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b) (i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii) (A) inside the building where a preschool or child care is being held, if the entire
building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or child care, in
that room or rooms where the preschool or child care operation is being held.
(ii) is reduced from "in a public or private vocational school or postsecondary institution or on the grounds of any of those schools or institutions" to "in a public or private institution of higher education; or on the grounds of a public or private institution of higher education" [removing vocational schools]
Herein lies the potential problem. there is no clear definition of "institution of higher education". Depending on what the courts may decide, it might include anything from a private single course school or continuing education seminar to a beauty school to a university. I can find no legal definition nor court ruling that says that a vocational school is NOT an "institution of higher learning".
As has been explained to me by my representative, Unless a definition is contained in the same section as it is used or the section where it is used specifically references the definition, it does not automatically apply. So, the definitions given in title 53B do not apply unless or until they are either confirmed by case law or 76-10-505.5 is changed to reference the definition.
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My greatest disappointment from this session is that HB 424 was filed so late in the session and went nowhere. It is an issue that we have been battling over for several years and only seems to get worse. After similar legislation being brought forward at the end of last year's session and going nowhere, I would have expected it to have been filed early.
out of curiosity, when can Utah realistically expect this passed legislation to go into effect?
We are all disappointed that we did not fix the whole question of disorderly conduct. That one will take one more year. Charles
As Utah goes they will drag their feet but when it comes to confrontting someone who is carring legally they will then let us know what the law is. I have nothing agaist Law Enforcement (Several friends back in Texas are Sherrifs, Police and one Texas Ranger) But up here they tend to make me alittle nervous. You should be able to walk up to a cop to ask a question with out be looked at as if you are a criminal.
Gpaw