Following the Utah Legislature 2/03/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Tuesday, February 3, 2009


WHAT'S HAPPENING TODAY

Standing committees consider bills this morning at 8:00 and again his afternoon at 2:00 and 3:30. Floor debate is from 10 to 12 and caucus lunch is at noon.

THIS MORNING

SENATE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT will discuss Senate Joint Resolution 4, which urges a study of how to dispose of 240 million pounds of electronic waste discarded in Utah this year. Besides depleting landfills, computers, monitors, televisions, cell phones, and audio video products contain hazardous lead, mercury, chromium, cadmium and brominated flame retardants, which cause health problems in humans, fish, and wildlife. SJR 4 says recycling businesses can disassemble most waste safely and economically, providing jobs as well as reusable computer
resources for education. The resolution urges the Department of Environmental Quality to work with the Recycling Coalition of Utah's Electronic Scrap Steering Committee to
study the issue, including what other states are doing, and to make recommendations to the interim Natural Resources, Agriculture and Energy Committee next October.

First on the HOUSE EDUCATION agenda is HB 229, a comprehensive tax bill that would reduce reliance on property taxes and increase sales taxes to fund education. The issue is what mix of the three main taxes that fund education - sales, income and property taxes - would be fairest and yield the most revenue from year to year.

THIS AFTERNOON

At 2 o'clock HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT considers HB 278. It allows a county or town to use 30 percent of the class B and C road funds that they receive from the state for the purpose of asserting, defending and litigating state and local government rights under R.S. 2477. R.S. 2477 concerns the use of roads in wilderness study areas. Local governments could continue to use B and C funds to draw federal matches to build secondary roads.

HB 94 would give a break to senior citizens by letting a senior resident aged 70 or older and one passenger enter state parks free.

HOUSE WORKFORCE SERVICES at 3:30 will hear Senate Concurrent Resolution 1, urging Congress to allow Utah to implement an employer-sponsored work program for immigrants, and allow Utah to withhold Social Security and Medicare revenue to pay for health insurance and other administrative costs of the program.

WHAT HAPPENED IN COMMITTEE YESTERDAY

Yesterday morning HOUSE GOVERNMENT OPERATIONS did a splendid job of rewriting and passing Substitute HB 49, sponsored by Rep Hansen, which sets out proper procedures for challenging a voter's right to vote in a particular precinct. Written challenges must be made in writing under oath with clear and convincing evidence before early voting begins. Challenges at the polls on Election Day must be recorded, give grounds for the challenge and can be made only by residents of that precinct or poll workers. The rewrite was the result of a very thoughtful discussion by the committee in a previous meeting.

The HOUSE REVENUE AND TAXATION COMMITTEE passed a tax break for students. Substitute HB 35 offers a nonrefundable income tax credit for tuition and mandatory fees at a state higher education institution, worth up to 5 percent of their tax liability. The committee added a provision in the substitute bill that allows residents or nonresidents to contribute their tax refunds to the Utah Education Savings Plan, a state fund that allows
taxpayers to invest in students' future college education.

SENATE HEALTH AND HUMAN SERVICES passed SB 87, Sponsored by Senator Christensen, a bill to strengthen the use of medications on the Medicaid preferred drug list. The list is based on both medical necessity and cost factors. The bill said health care providers could no longer override the list and choose more expensive medications by writing "medically necessary- dispense as written" automatically on a prescription. The bill was amended to immediately implement a way for providers to get pre-authorization to use a non-preferred drug.

SENATE EDUCATION debated SB 123, sponsored by Senator Lyle Hillyard which would have changed the way a new school district is created. Voters in the entire existing district, rather than just voters who live in the proposed district, would have to approve. However, SB 123 failed to pass committee by one vote. Goodfellow, Hillyard and Stephenson voted aye. Bramble, Dayton, Jenkins and Morgan voted no. The bill was in response to a recent split in the Jordan School District in Salt Lake County. Voters outside the new district who may have to pay more taxes because of the split did not get to vote.

The committee did pass SB 48, with Republicans voting aye and Democrats opposed. SB 48 changes the way a person applies for a competency-based license from the State Board of Education to teach in public schools. A local school board or charter school request would no longer be required, allowing a person to apply directly to the State Board. The license could cover to just one subject and need not be in a core academic subject like
math or reading.

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