November 06, 2009

Minors & Employment in Utah

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Child labor laws are found in both Utah and federal laws, and employers must ensure they are not violating any of these laws if and when employing an individual under 18. The Utah Labor Commission has information about the types of employment minors may be hired for, and the Utah Code discusses very specific tasks that are permitted for minors in different age categories.

For example, with consent of the child's parent or guardian, a minor of any age may perform agricultural work and home chores. U.C.A. 34-23-207.

Children ages 10 and older may deliver newspapers, shine shoes, caddy, or perform lawn maintenance without power-driven equipment. U.C.A. 34-23-206.

Besides the types of employment listed in the Utah Code, the Labor Commission has determined that 17 occupations are too hazardous for any minors of any age to perform. The hazardous occupations include roofing, excavating, and operating a meat processor. Click here to see the entire list.

Cartoon Credit: Stu Rees at www.stus.com

November 05, 2009

How are Recovery Funds Spent in Utah?

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Interested in how stimulus funds are being spent in Utah? Check out Recovery.Utah.Gov.

You can track how state agencies are spending recovery money, link to information on how to apply for grants and search for a job--some of which were created because of the stimulus package. You'll also find a link to the Office of the State Auditor, where you can report fraud and waste.

Check out the map to see a statewide overview of how stimulus funds are being spent, or put in a specific address to see if any projects are happening near that place.

November 03, 2009

Utah's Election Laws & Resources

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The first Tuesday in November is Election Day. You can learn a lot about the state's election process online!

If you've ever wondered about Utah's election laws, you can find them in Utah Code Title 20A.

The state's Elections Office has voter, candidate, and lobbyist registration information. You can find local polling stations, read candidate financial disclosures, or learn what it takes to be a candidate.

Odd numbered years are generally reserved for municipal and local officer elections. The Elections Office has a directory of county clerks, who you can contact for information on candidates running in local elections.

For historical voting results, check out the Elections Office's Election Results page, where you can find county voting results for elections back to 1960.

November 02, 2009

Wireless Password: klieg

IMG_1851.JPGThe wireless password for the week of November 2, 2009 is klieg.

More information about wireless access in Utah's courthouses.

October 30, 2009

Law of Dead Bodies

pumpkin.JPGIt's almost Halloween, so there's no better time to blog about the law of dead bodies.

In Utah, a person is deemed to be dead if the person has experienced
(a) irreversible cessation of circulatory and respiratory functions; or
(b) irreversible cessation of all functions of the entire brain, including the brain stem.
A determination of death must be made in accordance with accepted medical standards. U.C.A. §26-34-2

When someone dies, there is a clear hierarchy of survivors who may determine the location and manner of disposition of the dead body. If the deceased has listed someone in their will (or other written instrument) and followed the other statutory requirements, that person makes the determination of disposition. If no one has been listed in a will, the surviving spouse is next in line, and then the decedent's child or majority of the decedent's children. Check out U.C.A. §59-9-602 to find out who is next in line to make the determination of disposition.

But what happens if there is a dispute about what to do with the body? The legislature has provided the probate court six factors to consider when resolving this type of dispute. The six factors are:
(1) the reasonableness and practicality of the proposed funeral arrangements and disposition;
(2) the degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;
(3) the desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;
(4) the convenience and needs of other families and friends wishing to pay their respects;
(5) the desires of the decedent; and
(6) the degree to which the funeral arrangements would allow maximum participation by all who wish to pay their respects. U.C.A. §58-9-605

A body may be exhumed when death occurred in certain circumstances and no determination of cause and manner of death was made by a medical examiner. U.C.A. §26-4-7 and §26-4-12.

Regarding exhumation for another reason, the Supreme Court of Utah has stated that "it is therefore a sound and well-established policy of the law that a person, once buried, should not be exhumed except for the most compelling reasons." Matter of Mayer's Estate, 577 P.2d 108, 110-111 (1978).

Contact the Law Library

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* A Brief History

    Territorial History
    The Utah State Law Library has existed in some form since the Utah Territory was established. In fact, Congress appropriated $5000 for the library in the same enabling act that created the territory.

    It took a couple of years for the collection to be purchased, and in 1852 the territorial legislature created the position of territorial librarian, with an annual salary of $400 and an $150 for contingent expenses.

    In 1890 the legislature broke up the library’s collection, directing books “more useful to the University library” be given to the University of Deseret (today's University of Utah). Only the law-related books remained in the collection.

    Utah State Library
    When Utah became a state in 1896 the Territorial Library became the State Library.

    Utah State Law Library
    In 1957 the legislature changed the name of the library from the State Library to the State Law Library, and established a new, separate State Library.
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