Following the Utah Legislature 2/06/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE
Friday, February 6, 2009

WHAT'S HAPPENING TODAY

Today legislators will finish off a busy week with standing committee meetings from 8 to 10 AM and from 2 to 4 PM. Floor debate is from 10 to noon. The House has a "time certain" at 11 to debate HCR 2, a Healthy Family Partnership Concurrent Resolution against family violence.

THIS MORNING

SENATE HEALTH AND HUMAN SERVICES will discuss SB 158. It requires that in child support cases, a court must include in its orders a cash medical support provision, that is an obligation for both parents to equally share all reasonable and necessary medical and dental expenses of children. Substitute HB 90, which increases the criminal penalty for those who perform illegal abortions to a second degree felony, is # 6 on the committee agenda.

In SENATE EDUCATION, SB 123, which changes the way a new school district is created, is back for a second hearing. It says voters in the entire existing district, rather than just those who live in the proposed district, would have to approve. Supporters cite taxation without representation. Opponents say allowing all to vote would make any change unlikely.

THIS AFTERNOON

HOUSE EDUCATION considers HB 131, which would prohibit course fees, rental and use fees, some charges for student supplies and textbook fees in public schools. Some extracurricular fees would be allowed. The state could appropriate $13.1 million to compensate school districts and charter schools for the loss of fees. Currently local school boards that charge fees must grant waivers based on ability to pay. Installment payments, school and community service and work projects for students are alternatives. HB 131 states that it is the public policy of this state that public education shall be free.

The SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY agenda includes SB 149, prohibiting text messaging or e-mail communication while driving. Violations could lead to a 3-month suspension of the driver's license. The license of a person convicted of automobile homicide while texting or emailing would be revoked immediately.

SENATE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT WILL DISCUSS HB 27, which provides that "agricultural operations are not nuisances and removes the protective language "substantial adverse effect on the public health and safety." Opponents are worried that the bill applies not only to conflicts in areas between residences and family farms, but could be applied to large factory farms, which do present health hazards that need regulation.


WHAT HAPPENED YESTERDAY

The HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT COMMITTEE voted unanimously twice yesterday, sending two resolutions, HJR 12 and HCR 6, to the House floor:

HJR 12, supports gasified coal as a power source, producing hydrogen from coal with carbon capture and underground sequestration technology, called CCS. The resolution says the technology would reduce emission of carbon dioxide, use Utah's abundant coal resources, create high paying jobs, and put Utah businesses at the forefront of new hydrogen and carbon economies. HJR 12 also urges the Public Service Commission to consider allowing power companies to recover the costs of prudent investment in coal with CCS.

Investment incentives are a big issue in developing new energy sources, be it solar, wind, nuclear or coal. Often overlooked, according to clean energy advocates, is investment in conservation. Making homes and buildings more energy efficient even by simple weatherization can save a lot of energy for many years into the future and people can be trained to do the work quickly, providing new jobs and putting builders back to work. The federal stimulus plan now in Congress includes funding for the Weatherization Assistance Program and the Low-Income Energy Assistance Program.

The other resolution, HCR 6, expresses strong opposition to any federal legislation that would expand the reach and scope of the Clean Water Act. The resolution says if federal jurisdiction was expanded from just "navigable" waters to cover "waters of the United States," it would inappropriately give the EPA and the Army Corps of Engineers jurisdiction over all wet areas, or areas that had been wet at some time, including groundwater, ditches, pipes, streets, gutters, desert features, and even pools and puddles."
However a student of water law history pointed out to us that this isn't "AN EXPANSION; it's a RESTORATION OF THE SCOPE OF THE CLEAN WATER ACT OF 1972; absolutely critical for our wetlands and "puddles" (the seemingly isolated playas that serve our migratory bird populations)." The federal legislation referred to is HR 2421, sponsored by Congressman Jim Oberstar. The Senate version is S 1870, sponsored by Senator Russ Feingold - just in case you want to look it up.

IN THE HOUSE

SCR 1, a concurrent resolution requesting a federal waiver to establish a two-year employer-sponsored work program for foreign workers, passed 66-6. The bill was amended to take out references to undocumented immigrants currently residing in the state, adding "while ensuring that all available local workers are given ample opportunity to meet" Utah's need for both unskilled and skilled laborers.

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