Following the Utah Legislature 2/09/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Monday, February 9, 2009

WHAT'S HAPPENING TODAY


THIS MORNING week 3 of the session begins with morning standing committees from 8 to 10, floor time from 10 to noon, and appropriations committees from 2 to 5.

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE will debate an open government records bill, HB 122. It allows a government record, including government
strategy, to be classified as protected if it involves anticipated or pending litigation. The GRAMA law already lists reasons- including a pending lawsuit- to keep government records secret. The question is what additional records would be protected if a lawsuit were not immediately pending, only anticipated in the future, and why protection from public view is needed.

SENATE WORKFORCE SERVICES AND COMMUNITY AND ECONOMIC DEVELOPMENT will consider SB 14, modifying state incentives for movie and television
companies to film in Utah. Cash rebates for small budget productions and refundable tax credits for larger budget state-approved productions would be offered. They'll also hear SJR 10, which supports establishing and certifying an Alternative Energy Training Center in Beaver County. The county is already developing the Blundell Geothermal Plant, Thermo Hot Springs Plant, and First Wind Project. And the Milford High School Technology Department is preparing students for careers in the renewable energy industry. SJR 10 notes that the bulk of renewable energy sites identified by the Utah Renewable Energy Zones Task Force are located in rural Utah.

In HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT Substitute Senate Joint Resolution 1, encouraging renewable energy development, will be discussed It directs the State Energy Program to assess the need for local government solar and geothermal ordinances, then to report to the Legislature on how it assesses that need. This would help local governments who want to develop renewable energy call on the expertise of the State Energy Program.

HOUSE JUDICIARY is considering HB 294, which expands the general damages, in addition to special damages such as income loss, that can be awarded to the heirs of a person injured by a wrongful act. General damages would include pain and suffering, loss of enjoyment of life, and other not easily quantifiable damages suffered by the person until the person's death.

SENATE REVENUE AND TAXATION will look at property tax and income tax credit changes. They may also reconsider Second Substitute S.B 114, raising the cigarette tax, which they tabled last Friday.


WHAT PASSED COMMITTEE ON FRIDAY:

SB 158 passed to provide more medical care for kids. 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, approving increasing the criminal penalty for those who perform illegal abortions to a second degree felony, also passed and will
now go to Senate floor debate.

SB 149, prohibiting text messaging or e-mail communication while driving, passed committee unanimously. 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.

HB 27 passed Senate Natural Resources, Agriculture and Energy. It says "activities conducted in the normal and ordinary course of agricultural operations or conducted in accordance with sound agricultural practices are presumed to be reasonable and do not constitute a nuisance." An amendment by the sponsor took out the word "do", making "not a nuisance" only a presumption, so a person could go to court to challenge that presumption. Sponsor Rep Morley emphasized that his purpose was to protect existing
agricultural operations that are being encroached on by urban expansion, creating conflicts. The committee, especially Senator Dayton, was glad to hear this consideration for our "producers of food and fiber. "

But it was not this part of the bill that disturbed clean air advocates. The language "unless the agricultural operation has a substantial adverse effect on the public health and safety" is being taken out of the law. Agricultural operations can include large factory animal farms which are linked to respiratory distress and death in infants. These effects would
seem to be "substantial adverse effects" on public health, not "nuisances." The discussion brought some suggestions: A cap on the number of animals could be added to the bill. Or, as Senator Stowell suggested, local county ordinances limiting numbers of animals and distance of factory farms from homes, as in Iron County, are an alternative.

WHAT FAILED COMMITTEE

SB 123, sponsored by Senator Hillyard, failed a second time in SENATE EDUCATION. It 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. SB 123 failed by one vote. Goodfellow, Hillyard and Stephenson voted aye. Bramble, Dayton, Jenkins and Morgan voted no.

HOUSE EDUCATION failed to pass HB 131, which would have prohibited school course fees, rental and use fees, some charges for student supplies and textbook fees. The split vote of 4-8-3 indicated some sympathy for the bill, but a $13.1 million price tag to compensate school districts and charter schools for the loss of fees seemed to be a low priority in this tight budget year, since there are waivers for economic hardship.

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