Following the Utah Legislature 2/12/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE
Thursday, February 12, 2009

WHAT'S HAPPENING TODAY

Standing committees meet from 8 until 10 today, Appropriations Subcommittees meet from 2 to 4, floor time is from 10 to 12, and Caucus lunch is at noon.

THIS MORNING

HB 126 - Voter Identification for Elections, is in HOUSE WORKFORCE SERVICES AND COMMUNITY AND ECONOMIC DEVELOPMENT at 9:00. It would require voters to present valid photo ID at the polls instead of the two proofs of name and address such as utility bills now required for all except first-time voters. The photo ID could be a drivers license, an ID card issued by the state or the United States, a concealed carry permit, a US passport or a tribal identification card. Absentee voters voting by mail would need to
enclose a copy of their photo ID when they mail in their ballots if requested.
The sponsor is working with county election clerks, who believe the bill is unnecessary. Only a handful of voter impersonation fraud cases have occurred in the U.S. Other groups, such as the ACLU, League of Women Voters, AARP and Disability Law Center, agree and are concerned that as many as 12% of eligible voters do not have photo ID. That percentage is even higher for seniors, people of color, people with disabilities, low-income voters and students. A major concern is that undocumented residents will be able to vote.
However, driver license or state identification card numbers, or 4 digits of social security numbers are required and checked electronically on a state database when voters register. The penalty for fraudulent voter registration is up to one year in jail with a fine of up to $2,500.

HOUSE REVENUE AND TAXATION will discuss Substitute HB 246, which would reduce the amount of the property tax residential exemption for some properties that are worth $1.5 million or more. HB 133 enacts a state refundable earned income tax credit that would be equal to 10 percent of the existing Federal earned income credit. Non Utah
residents or part-year residents could claim only part of the credit, though.

HOUSE GOVERNMENT OPERATIONS will debate HB 141, which could change billboard placement policy along interstates and limited access highways like the Legacy Highway.
SJR 11, urging a national college football playoff, is also before the committee. It urges abandonment of the Bowl Championship Series, which many feel was unfair to the undefeated University of Utah team and does not lead to crowning a true national champion. A copy of SJR 11 would be sent to the NCAA, the BCS, the U football team, and (as amended on the Senate floor) to President Barack Obama. The president has spoken in favor of a playoff.


WHAT HAPPENED YESTERDAY

Two bills that had been discussed and discussed and substituted and substituted and tabled in committee were acted on yesterday.

Sen Jones' Renewable Energy System Resolution Second Substitute SJR 1, directing the State Energy Program to assess the need for local government solar and geothermal ordinancesand report to the Legislature, sat at the end of the House Natural Resources, Agriculture & Environment Committee agenda. Rep Barrus went to some length to explain the procedure for a tabled bill. If not lifted, it went to Rules to be filed (dead) if a motion was made to lift, proponents and opponents would have 5 min each to make their arguments, then the bill's sponsor would have 1 minute to sum. A lifted bill can be heard at a subsequent meeting. Rep Brown moved to lift, and Rep Draxler spoke in support, saying that the reworked language had implied traditional energy sources were somehow objectionable, expensive, and polluting. Rep Noel said Sen Jones had worked with him, and the new language was no longer disparaging of traditional energy. The vote was unanimous, 13-0. Rep Barrus implied that it would be heard at the next (Friday) NRAE meeting.

A second tabled Bill, Second Substitute SB 144, which would raise the cigarette tax to $1.30 a pack to raise money for smoking prevention, cancer research and medical education at the University of Utah, was not lifted from the table in SENATE REVENUE AND TAXATION. Now it will be up to the House to decide whether to raise the tax by advancing a similar bill.

ON THE SENATE FLOOR

SB 87, Senator Christensen's bill that is expected to save Medicaid $2 million by using a preferred drug list of less costly medications, passed unanimously. The effect of the law had been diluted by physicians being able to automatically prescribe a costlier drug. Now they will need to get prior authorization from the health department. An amendment spelled out how to do that by phone or fax.

HB 27, which provides that "agricultural operations are not nuisances and removes the protective language "substantial adverse effect on the public health and safety" was debated. Senator McCoy wondered whether the bill is needed. Had any operation been closed because of a substantial adverse effect on public health? Was agriculture under siege? He thought the law already says sound agricultural practices are presumed not to be a nuisance. And the language guarding against substantial adverse health effects struck a good balance and should stay in. Senator Valentine noted that the bill might be a "sacred cow" but he had questions of how to define normal agricultural practices. Floor sponsor Senator Dayton, exasperated by questions from attorneys "on both sides of the aisle" finally gave up and decided to circle the bill and return to it at a later date.

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