Following the Utah Legislature 2/23/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Monday, February 23, 2009

WHAT'S HAPPENING TODAY

Today at the legislature, standing committees meet from 8 to 10 and from 4 to 6 PM.
Floor sessions will be from 10 to noon and from 2 to 4 PM.

This morning SENATE EDUCATION will consider SB 185, regarding the state and local costs of implementing education programs that are mandated by the U.S. Department of Education. Currently, a federal education agreement that costs more than $100,000, excluding capital costs, can be rejected or voided by the governor or the Legislative Management Committee. It's up to local school officials to estimate those costs and submit proposals to the governor and legislature. The law grew out of resistance to No Child Left Behind mandates. SB 185 raises the $100,000 trigger to $500,000, which would challenge fewer projects, and specifies that Executive Appropriations instead of Legislative Management would approve or deny.

In SENATE HEALTH AND HUMAN SERVICES, SB 17 prohibits health or accident insurance policies from charging a cancer patient more for chemotherapy that's taken orally than for intravenous chemotherapy. The prohibition bars higher co-pays, higher deductibles and dollar limits on the treatment, common ways that insurers shift costs to patients.

HOUSE REVENUE AND TAXATION will hear HB 380. It would earmark $400,000 worth of sales tax revenue from restaurant food to promote tourism (78%) and to promote use by restaurants of products grown and produced in a variety of Utah counties (22%).

HOUSE POLITICAL SUBDIVISIONS will consider HB 439. It repeals the current sales tax law that prevents cities in Salt Lake County from levying the sales tax used for Botanical, Cultural, Recreational, and Zoological facilities. The change could increase revenues in the county by up to $10.4 million.

THIS AFTERNOON

HOUSE HEALTH AND HUMAN SERVICES will hear Substitute HB 132 requiring victims of sexual assault to be provided with information about emergency contraception and with emergency contraception itself, if requested by the victim, at urgent care centers and general acute hospitals. HJR 22 recommends an interim study of whether to repeal a Medicaid eligibility asset test and how to help Utah low-income families not have to
rely on public assistance.

HOUSE BUSINESS AND LABOR will consider HB 347, which would change liquor laws to require electronic age verification. A new social on-premise license would take the place of private club and restaurant liquor licenses.


WHAT HAPPENED FRIDAY

A study of the economic impact of illegal aliens in Utah, Substitute HB 107, was approved by HOUSE BUSINESS AND LABOR on Friday morning. The legislative research office will issue a request for a proposal to conduct the study. The fiscal note for the study is not posted on the website but will probably be $150,000. Costs of services provided by State and local government, as well as revenues received from illegal aliens through taxes and fees, will be identified and summarized, including projections for 5, 10, and 25 years ahead. Findings will be reported to Executive Appropriations before the 2010 session.
Public comments noted that the interim Immigration Task Force has lacked accurate information, which will be useful when Congress passes new federal immigration laws. Some wanted to include all economic costs and benefits, such as job losses and identity theft, not just government. The original HB 107 would have delayed the July 1 effective date for SB 81, an immigration bill passed last year. Representative King said the cost of
enforcing SB 81 is likely to be much higher than the $1.8 million projected. He said a key enforcement issue is the many employers willing to hire illegal aliens.

IN THE HOUSE

The SENATE, preoccupied with the removal of Senator Buttars from the Senate Judiciary, Law Enforcement and Criminal Justice Committee and Senate Judicial Confirmation Committee, addressed only three bills on Friday.

The HOUSE passed HB 140 by a vote of 48-27. It would increase fees on vehicles by $2. The increased revenue of $5.24 million a year for three years will go towards retaining 61 Highway Patrol troopers who would otherwise be victims of budgets cuts. Sponsor Rep Frank projected fewer DUI arrests, 30,000 fewer traffic stops and 58,000 fewer calls from
motorists could be handled if the cuts were not restored.

The SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS COMMITTEE passed two bills on issues that have been debated over many years and which the public is very interested in: regulation of gifts and meals received by public officials (SB 156) and personal use of campaign funds (SB 162). SB 156 broadened the category of "gift," (which equals real or tangible person property received for less than fair and adequate consideration) to include admission to a sporting, recreational or artistic event whether as a spectator or participant. Translation: more events such as Jazz games,
golf games and rodeos would be reported now. More gifts will have to be reported by lobbyists, including food or beverages worth more than $25 a day, instead of the current $50 a day trigger. The law makes an exception for cases where all members of a legislative body committee, task force or party caucus are invited and for meetings of regional or national state legislative organizations.

SB 162 prohibits the use of campaign and officeholder funds by former state officeholders and candidates for a purpose that would result in the candidate or officeholder recognizing the funds as taxable income under federal tax law. State law says money in campaign accounts can be used only for political purposes.

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