Following the Utah Legislature 3/09/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Monday, March 9, 2009


WHAT’S HAPPENING TODAY

This week it’s floor time all the time on Capitol Hill until the legislative session ends at midnight on Thursday. Today floor time will be from 8 to noon and from 2 to 5, or as late as needed, with a caucus lunch break at noon and an Executive Appropriations meeting from 4 to 5 PM if needed. Legislators want to get budget bills into final form soon.

BILLS TO BE DEBATED

Several bills in both HOUSE and SENATE are circled, which means sponsors are working on compromise wording. They could come to a vote today, or negotiations might continue.

CIRCLED IN THE HOUSE
are 3^rd substitute HB 187, which would regulate recreation on public streams on private property, and HB 347, which would do away with private clubs and require ID scanning for patrons under 30.
One issue regarding HB 187 is which streams should be public and who should choose them--a special board or the legislature.
HB 372 would require prison inmates to use their private health insurance instead of prison health services while incarcerated.

ALSO IN THE HOUSE - Substitute HB 370 would increase the fine for drivers who illegally park in disabled parking spots and send the proceeds to state programs that employ people with disabilities.

HB 198 would require county clerks to ask for an extra $10 fee on marriage licenses, although applicants could decline to pay it. The proceeds would go to domestic violence shelters.

At the bottom of the list is HB 379 Environmental Litigation Bond. It requires litigants who want to challenge an environmental action by a stay or preliminary injunction to post a bond. If unsuccessful, they would also pay damages to defendants harmed by the delay. Concerns include Constitutional questions such as free speech and the right to petition the government. Only those citizens or organizations who could afford the bond could challenge a proposal, for example the Petcoke plant.

CIRCLED IN THE SENATE ON THIRD READING: SB 164 allows county clerks to register voters in locations other than the clerk’s office.
Second Substitute SB 79, proposes a higher standard of proof, clear and convincing evidence, for malpractice suits against emergency room on call health care providers.
HB 122 would change the rules for public access to government records. The intent of the original law was to favor release of information to the public when their need to know appeared equal to government’s need to protect. The question is whether it is really necessary to limit public access in some cases as proposed by HB 122.

CIRCLED IN THE SENATE ON SECOND READING are Substitute SB 69, requiring proof of citizenship to register or vote, and SB 225, making legal immigrant children eligible for health care.


WHAT HAPPENED FRIDAY

IN THE HOUSE

THE HOUSE passed HB 101, a pilot program that provides assertive community treatment services to people with a severe mental disorder who are not receiving mental health services or are transitioning out of other programs such as prison programs. Sponsor Rep Carol Moss said a similar jail diversion outreach team in Salt Lake City gives wraparound services 24 hours a day for released inmates. It has been 100 percent successful in preventing patients from returning to jail.
Rep Wimmer complained that this was just a new mandate on the back of taxpayers for a small minority who can’t afford the services.
Rep Edwards said it was the right thing to do and would cut hospital and jail costs. Rep Moss called it a lifesaver for families who find it next to impossible to get services unless they have very good insurance. HB 101 passed 40-34.

SB 87, Preferred Drug List Revisions, was approved by the House 63-9. The list of medications for Medicaid patients includes less costly generic drugs. The bill provides that prescription of unlisted drugs by health care providers will require Health Department preauthorization. Rep Dunnigan said the private sector already saves millions by using PDLs, as do CHIP, Medicare and Utah’s Public Employee Health Plan.

THE SENATE approved 2^nd Substitute SB 208 by an 18 to 8 vote. Beginning January 1, 2011, public notices now in newspapers would be posted only on the Utah Public Notice Website in first and second class counties. Smaller counties could publish in both places. Sponsor Sen Urquhart said this would reach more people and cost less.
Eighty-two percent of Utahns have Internet connectivity, (which of course means 18 per cent do not – another one of those pesky minorities). Senator Jones spoke up for older people, who tend to read, not surf the Internet. She said we read the paper differently and see things in the paper we wouldn’t think to look for on line. Several Senators said the choice should be optional and the same for all counties. The bill is now on Third Reading in the Senate.

Substitute HJR 8, a “Joint Resolution Regarding the Secret Ballot,” was approved by the Senate Friday. It was lifted from Rules and voted on for the second and third time without being on the board for 24 hours, a rushed process that Senator Romero said was an abuse of authority by the majority Republicans. The Utah Constitution already says “all elections shall be by secret ballot.” HJR 8 adds: “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.”
Bill sponsors said they aim to protect union workers from predicted federal legislation that they think will take away the secret ballot. However, in a Constitutional Revision Commission meeting at noon on Friday, Rep Menlove reported hysteria in her community because backers are giving the impression that the secret ballot will be taken away from all voters in all elections. The CRC did not oppose or endorse HJR 8, saying they had not studied it enough. And Utah law does not allow CRC study after a constitutional amendment has passed both houses. Guess we will have to study it ourselves between now and the 2010 election.

Sphere: Related Content