Following the Utah Legislature 3/06/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Friday March 6, 2009

WHAT’S HAPPENING TODAY

Legislators will debate bills in the House and Senate this morning from 9 to noon in the House and from 8 to noon in the Senate. Afternoon floor time is from 2 to 5. Legislators take occasional breaks during floor time to discuss in party meetings how to approach upcoming bills. In the House they call it caucusing. In the Senate they move to “saunter” for 15 minutes or so. Members of the Rules Committee also leave the floor periodically to decide which bills to send out for a floor vote next. The 12 to 2 caucus lunch break is another chance to make a plan of action for upcoming floor debates.


Towards the end of the session, as budget plans firm up, special attention is paid to how much bills and services will cost. In fact the main budget committee, Executive Appropriations, meets today at 4:00 in Room 30, House Building.

At noon, the Constitutional Revision Commission meets in Capitol Room 450 to review Constitutional amendments proposed for this year. Amendment sponsors discuss their proposals with the Commission, which may or may not express an opinion on their constitutionality. CRC members include legislators, attorneys and judges.

Today they review Substitute HJR 8, a “Joint Resolution Regarding the Secret Ballot,” approved by the House Wednesday. The Utah Constitution already says “all elections shall be by secret ballot.” HJR 8 adds specifics: “including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation.” Sponsors are particularly concerned that labor unions elections won’t be by secret ballot.
SJR 8, “Joint Resolution Regarding Eligibility for Legislative Office,” requires a person who is appointed to the legislature to fill a mid-term vacancy to have been a resident of the state for three years and a resident of the district for which the person is appointed for six consecutive months prior to the appointment. The Constitution already sets these residency requirements for elected legislators.


BILLS TO WATCH IN THE SENATE TODAY On Third Reading:

SB 61 would allow Home School and Private School Student Participation in Extracurricular Activities. SB 164 allows In-Person Voter Registration in places other than the county clerk’s office. Second Substitute SB 79 sets a higher standard of proof, clear and convincing evidence, for Medical Malpractice Claims Based on Emergency Room Care. The standard would apply only to care by on-call health care providers. HB 122 would increase the amount of evidence the public must present to show it needs information about pending government investigations or litigation. Substitute HB 126 would require voter ID on Election Day.


IN THE HOUSE WATCH FOR: Second Substitute HB 187, which tries to balance recreational use of public waters with private property rights. HB 347 would change liquor laws, eliminating private clubs and requiring ID scans. HB 101 sets up an assertive community mental health treatment pilot program. And HB 171 would provide medical care for legal immigrant children without a 5-year waiting period.


WHAT HAPPENED YESTERDAY

Yesterday morning the SENATE RETIREMENT AND INDEPENDENT ENTITIES COMMITTEE approved Third Substitute SB 76, which would create an independent state agency called the Utah Generated Renewable Energy Electricity Network Authority. Quite a mouthful. Its main purpose would be to prioritize electrical transmission projects. The authority’s board would review the location and availability of renewable energy sources serving electrical loads in the state, then see if there were adequate transmission lines and capacity to bring those renewable energy sources to market.

They would prioritize transmission projects based on location, whether they would support potential renewable energy development, and economic development factors. The renewable energy source project could be existing, under construction, planned or even “foreseeable.” The Authority could issue bonds to finance the construction and operation of the transmission projects.

The Senate held a lengthy discussion of an HB 100 proposal to switch funding for prison education programs from the Board of Regents to the Department of Corrections. The second substitute version of the bill, however, will make development of “recidivism reduction” plans a joint effort of Corrections, the Board of Regents that oversees higher ed, and the State Board of Education.

Senator Goodfellow praised the current system, saying Utah’s model program is respected for its skill training throughout the country. He said higher ed had already invested in buildings and equipment for the program. (Although not mentioned in the Senate, the question of how practical the training is in preparing for work after release seemed to be an issue on the House floor.).

The bill requires inmates to pay half the cost of their postsecondary education. Inmates unable to pay right away could repay 5 years after they’re released and only if they had $200,000 in assets. The second half of program costs comes from a surcharge on long distance inmate telephone calls.

The Senate talked more about health care reform yesterday, focusing on “Netcare,” a planned mandate-light insurance policy for employees who lose their health care when they lose their jobs. The plan is in Second Substitute HB 188.

Several senators wondered whether the coverage for things like diabetes management would be as good under Netcare as under the lost insurance. Senator Bell said Netcare would have fewer options, but it would cover preventive and primary care and prescriptions, and it would be cheaper than COBRA. Diabetes management is generally recognized to save higher health costs down the road.
Under COBRA former employees can continue to get the same coverage they had at work but must pay the full premiums, which are often unaffordable. Senator Davis asked if Utah would coordinate with the federal stimulus plan, which has COBRA assistance. Senator Bell said we could look into that. The bill passed the Senate 27 to 0.

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