Following the Utah Legislature 2/27/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Friday, February 27, 2009

WHAT’S HAPPENING TODAY

Today standing committees will meet this morning from 8 to 9 and again from 4 to 6 this afternoon. Floor debate will be from 9 to noon and from 2 to 4. The House Ethics and House Retirement Committees meet at noon, and the Senate Retirement Committee meets at 1 PM.

SENATE HEALTH AND HUMAN SERVICES has scheduled HJR 3, expressing the Legislature’s support for public and private efforts to increase and improve cancer treatment, screening and research. It recognizes the importance of cancer prevention, early detection and survivorship programs, as well as public and private funding for research. Utah has some of the lowest cancer screening rates in the nation, thus some of the highest rates of cancer diagnosed at late stages.

Another resolution, Substitute HJR 5, encourages Congress to include the Navajo Nation in a federal web access pilot program that provides information needed to collect child support, establish paternity and enforce child and medical support obligations. Over half the Navajo Nation population lives below poverty level and over 40% are unemployed.

SENATE EDUCATION will consider Substitute HB 150. It requires direct, nonpartisan election of members of the State Board of Education, repealing the current selection by the governor and a nominating committee. HB 150 has passed the House, where a substitute bill to make the election partisan was voted down 31-42.

AT NOON

The HOUSE RETIREMENT COMMITTEE will consider HB 410. It reduces legislators’ daily pay by 10 percent to $117 a day through 2010 for general and special sessions and authorized legislative meetings. HB 96 would give a charter school that had opted out of participation in the state retirement system a one-time opportunity to opt back in.

HOUSE ETHICS will debate SB 162, prohibiting the personal use of leftover campaign funds by elected officials after they leave office. Also on the agenda: SB 156, which increases the reporting by lobbyists of gifts to public officials, adding meals that cost more than $25 and admission to sporting, recreational or artistic events. HB 213, would ban gifts over $5, with some exceptions, to public officials and their immediate families

At 1:00 The SENATE RETIREMENT COMMITTEE will hear SB 195, suspending for a year, beginning July 1st, the 1.5% employer defined contribution made on behalf of some state employees in the Public Employee’s Noncontributory Retirement System.


IN THE AFTERNOON at 4:10

SB 41, Siting of High Voltage Power Lines, heads the SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY agenda. The Public Service Commission would conduct hearings and designate sites for power lines that cross more than one local government’s jurisdiction.


WHAT HAPPENED YESTERDAY

In Committee action

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE moved along Substitute HB 64, authorizing a multi-agency strike force to combat violent and other major felony crimes associated with illegal immigration and human trafficking. It also provides for a Fraudulent Documents Identification Unit.

Officers of US Immigration and Customs Enforcement plus state and local law enforcement personnel could participate voluntarily in the effort. HB 64 appropriates $891,000 to the Office of the Attorney General to help run it.

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT approved HJR 16, a proposed Constitutional amendment that changes the article on municipal water rights. The amendment would allow municipalities to lease their water, but only if the leased water rights were for use within the state of Utah. The lease could not be longer than seven years, but it could be renewed one or more times.

IN THE HOUSE

The House passed HB 184, which restores an income tax credit for a dependent adult with a disability or dependent child with a disability. Sponsor Rep Dougall said he wanted to help taxpayers who offer loving care at home for those who depend on them.

This new exemption to the flat tax (no, said Rep Dougall –it’s a single rate tax, not flat) provoked some criticism. Rep. Mascaro said the pure flat tax just doesn’t work in a community with a variety of needs. Rep. Harper on the other hand , a fan of the flat tax, said the credit served a great, great, great purpose but was bad, bad, bad policy. Rep Duckworth reported she is getting email critical of the flat tax from constituents on fixed incomes.

HB 390, which eliminates absentee balloting in election clerk’s offices on the Monday before the election, was debated yesterday. Sponsor Mathis of Vernal said his county clerk asked for help, citing limited staff and being busy preparing for the election on Monday. He said all county clerks were in favor with the exception of Salt Lake County.
Rep Bird tried to amend HB 390 to let 1^st and 2^nd class counties continue Monday voting. He estimated 5800 voters would be denied the opportunity to vote in Salt Lake, enough to turn an election.

Rep Mathis replied that he had been advised that different rules for different counties is probably not constitutional. He also said that emergency voting would still be allowed and early voting is now giving voters more options. Rep Hansen indignantly asked where the spirit of public service was on the part of the clerks. Salt Lake has 700 precincts and many headaches but manages to handle Monday voting. But the bill passed 49-26.

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Following the Utah Legislature 2/26/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Thursday, February 26, 2009

WHAT'S HAPPENING TODAY

Today standing committees will meet only in the morning, from 8 to 10. But there will be two floor sessions, from 10 to noon and from 2 to 5 PM. Legislators are anxious to move as many of the 174 bills on the boards as possible before Friday, when House boards are likely to be wiped clean. The bills will then be reprioritized and sent back to the floor by the Rules Committee.

THIS MORNING

HB 64 heads the HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE agenda. It authorizes a multi-agency strike force to combat violent and other major crimes associated with illegal immigration and human trafficking. Officers of US Immigration and Customs Enforcement plus state and local law enforcement personnel could participate voluntarily. HB 64 appropriates $1 million to the Department.

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will consider HB 429. It expands the legal definition of “renewable energy source” to include energy from methane gas in abandoned coal mines. Other renewable sources listed in the current law include wind, solar; wave, tidal and ocean thermal; organic waste, woody debris from thinning forests and rangeland, agricultural waste, dedicated energy crops, gas from landfills, geothermal energy located outside the state, captured waste gas and waste heat, and efficiency upgrades to hydroelectric facilities.

Also before the committee is HJR 16, a proposed Constitutional amendment that changes the article on municipal water rights. Currently, the Constitution (Article XI, Section 6) doesn’t allow a municipality to lease or sell waterworks, water rights or, or sources of water supply that it owns or controls. It does allow water rights to be exchanged, but only if the water is used for the public supply of the municipality’s inhabitants. The proposed amendment would allow the municipality to lease its water, but only so long as the leased water rights are for use within the state of Utah. The lease could not be longer than seven years, but it could be renewed one or more times.


In HOUSE JUDICIARY, HB 401 – Custody and Parent Time Amendments for Service Members – addresses custody and parent-time issues that arise when a National Guard or Reserve member is away temporarily for training or on a noncombat mission. During the absence, parent-time rights could be delegated by a custodial service member to family members with a close and substantial relationship to the minor children if the non-custodial parent were unwilling or unable to provide care.


WHAT HAPPENED YESTERDAY

Some interesting bills were debated on the House and Senate floors yesterday.

The SENATE moved two ethics bills to the top of their list and quickly passed them. SB 156 by Senator Bell will increase the number of gifts to legislators over $25 that lobbyists will have to report, making them more transparent to public view. SB 162 by Senator Valentine will disallow personal use of leftover campaign funds by elected officials after they leave office.

The HOUSE passed HB 328, creating a pilot program of two-year grants to school districts and charter schools who want to develop performance-based compensation plans for elementary school teachers. Guidelines say that student learning gains (not test scores, though) should account for 40 percent of the compensation. The teacher’s instructional quality as measured by classroom observation or “other instruments” would account for 40 percent, and the remaining 20 percent should include a measure of parent, student or community satisfaction.
Some questions were raised about what “other instruments” might measure instructional quality and whether we can afford even the $300,000 to fund the grants. Rep Holdaway also wanted to be sure that teachers’ base salaries would not be diminished, that the compensation would be an add-on. The bill passed 65-7.

The HOUSE defeated HB 208, on a 34-40 vote, including a call of the House to be sure everyone voted. The bill would have required undocumented children of undocumented immigrants to sign an affidavit saying that they are not employed or earning income in the U.S. Otherwise, they would permanently lose the in-state tuition rate at state funded universities and colleges.

The sponsor, Rep Greenwood, a professional law enforcement officer, said students could not be working without a Social Security card (although that may not be correct, depending on the employer) so they are likely guilty of showing a false card, perjury on the I-9 employment form they fill out, or identity theft. He feared students were not aware that the penalty for these felonies could prevent their qualifying for citizenship or for some jobs, such as security jobs, in the future.

Representatives Litvack. Beck and Mascaro shared stories about undocumented students who have been here for years and struggle to attend college and improve themselves. They said becoming citizens can take 10 or 20 years.

Representative McIff regretted that whatever the purpose of the bill it would “narrow the opening of the school house door,” as happened with Governor George Wallace in 1963 in Alabama, and asked if any country had ever benefited from that.

Second substitute HB 120 passed easily without debate. It creates a Snake Valley Aquifer research team to compile scientific data and an advisory council to advocate for Utah’s interest in the “Las Vegas Water Grab,” a plan to pump and transport Snake Valley water to Las Vegas to support its urban growth

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Following the Utah Legislature 2/25/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE
Wednesday, February 25, 2009

WHAT’S HAPPENING TODAY

Today morning and afternoon standing committees meet from 8 to 10 AM and 4 to 6 PM. Floor debate with be from 10 to noon and from 2 to 4 PM.


THIS MORNING

SENATE HEALTH AND HUMAN SERVICES considers SB 225, which would provide Medicaid and health insurance to a legal immigrant child regardless of how long the child has been in the United States. Currently there is a five-year residency requirement.
HB 144 is also before the committee. It says that people who act as interpreters between English-speaking health care providers and their patients who speak Spanish, Russian, Bosnian Somali, Mandarin Chinese, Cantonese or Navajo can become certified medical language interpreters. It would be a misdemeanor to falsely claim to be certified.
The three health care reform task force bills that passed the House last week, Substitute House Bills 165, 188, and 331, are on the agenda as well.

SENATE EDUCATION COMMITTEE will debate SB 240, sending a $10 million appropriation to the Governing Authority of USTAR. USTAR (Utah Science Technology and Research) aims to stimulate economic development by bringing outstanding scientists to Utah colleges and universities. Part of the money will fund science and technology research teams.


THIS AFTERNOON

SENATE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will hear SB 41 – Siting of High Voltage Power Lines. It authorizes the Public Service Commission to conduct hearings and designate sites for lines that cross more than one local government’s jurisdiction. A corporation proposing the line would need to conduct public workshops, distribute information to the public and file for local land use permits. Local land-use conditions that were unreasonable or not economical could be overruled by the PSC.

A new tobacco tax bill, HB 219, is in HOUSE HEALTH AND HUMAN SERVICES. New revenue from a $1-per-pack increase, estimated at over $41 million next year, would go to the state General Fund.
HB 189, also before the committee, requires sex education in public schools to be age-appropriate and medically accurate. Components of instruction would include abstinence to avoid pregnancy and sexually transmitted disease; family communication about sexuality; and information about the health benefits and proper use of contraceptives. The influence of drugs and alcohol on decision-making, life skills such as goal-setting and relationship skills, and biological changes of adolescence would be covered as well.


WHAT HAPPENED YESTERDAY

In SENATE GOVERNMENT OPERATIONS COMMITTEE Tuesday morning, the committee voted to pass out an as-yet-unfinalized substitute for HB 122, the bill that makes access to GRAMA records more difficult.

The substitute, according to Rep. Aagard, the bill's sponsor, is the result of consultation and compromise with interested individuals and groups.
He said it would leave in place the provision prohibiting access to information about "anticipated litigation," which opens up a pretty big window for keeping information confidential. GRAMA now lists simply "litigation."
As for the provision that certain records (nine categories, including audit, disciplinary, licensing, certification and registration matters) would be further restricted, only information that might endanger someone's life would now require "clear and convincing evidence" that the public interest would be served (a very difficult standard to prove) by its release. The other eight categories will require the lesser standard of "preponderance of the evidence." A simple balancing test is the current GRAMA standard.

HB 412, amending Utah’s state energy policy, received a favorable recommendation by a vote of 11 - 0 in HOUSE NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENT.
The bill sponsor, Rep Barrus, presented it as an additional foundation to Utah’s energy policy to ensure that policy develops in a stable way.

The legislation provides a method to assure Climate Change policies don't result in undue economic impact on industry, business and consumers and won’t impair the ability to attract industry to rural or urban areas.

In the case of federal law, Utah would look at compliance alternatives that temper the negative impacts on the state, and advocate for fair regional methodology, so there wouldn’t be dramatic disparities for energy producers in different states. The idea is to prevent federal legislation from locking us into one path prematurely.

He said that Cap & Trade (proposed last night by President Obama) is a type of carbon tax that removes industry's capital. He wants to be sure our energy providers with existing long term contracts will not be required to bear all of the new costs.

Some comments from the public:
Worry that cap and trade is making financing of power plants hard to get. (Utah Rural Electric Cooperative)
Climate change is based on ungrounded and erroneous assumptions (Sutherland Institute)
Agriculture is very energy intensive (Utah Farm Bureau)
Sarah Wright, Utah Clean Energy, said we should not wait for all the answers to act.
Buildings use 50 percent of all energy consumed (75% of all electricity). The potential energy efficiency is tremendous, could be done soon, and would save money for consumers.

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Following the Utah Legislature 2/24/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Tuesday, February 24 2009

WHAT’S HAPPENING TODAY

TODAY standing committees will meet from 9 to 10. There will be lots of floor debate, from 10 to noon and from 2 to 4, with a break for caucus lunch at noon.

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE will hear Substitute HB 248, which prohibits using a handheld wireless communication device while operating a moving vehicle unless it allows hands-free talking and listening and is used that way. This infraction would be secondary when a vehicle was stopped for another offense. It would not be a reportable violation, so no points would be assessed.
HB 64 is also in committee. It authorizes the Department of Public Safety to coordinate a multi-agency strike force to combat violent and other major crimes associated with illegal immigration and human trafficking. Officers of US Immigration and Customs Enforcement plus state and local law enforcement personnel could participate voluntarily. HB 64 appropriates $1 million to the Department.

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will discuss HB 412. It amends the state energy policy to require determination of the economic impacts of legislative or executive action involving climate change, including impacts on Utah’s ability to attract industry to rural and urban Utah. HB 412 also calls for climate change regulation by the federal government that is fair and consistent throughout the state and based on commercially successful technology.

In SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS, HB 122 is #6 on the agenda. It deals with conditions under which public records can be protected from disclosure in anticipation of litigation. House amendments clarified that a record could not be released unless it is determined by clear and convincing evidence that the public interest favoring access to the record outweighs the interest favoring restriction of access.

HOUSE TRANSPORTATION will discuss HB 337, which creates a Choose Life Adoption Support Special Group License Plate and special account for adoption support programs, to be administered through the state Division of Child and Family Services. Applicants for the license plate would donate $25 annually. Legislative appropriations, private contributions and public or private donations or grants could also go into the account. Funds would then be distributed to charitable organizations that have adoption programs as part of their primary mission, to be used for production and distribution of educational and promotional material and for courses on adoption.


WHAT HAPPENED YESTERDAY

In committee action yesterday

HOUSE POLITICAL SUBDIVISIONS gave a helping hand to cities in Salt Lake County. It passed HB 439, repealing current sales tax law that prevents cities in Salt Lake County only 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. The vote was 8-3-1.

SENATE HEALTH AND HUMAN SERVICES unanimously approved SB 17, which prohibits health or accident insurance policies from charging a cancer patient more for chemotherapy that's taken orally than for intravenous chemotherapy.

Under HB 132, victims of sexual assault could be provided with information about emergency contraception and with emergency contraception itself, if they requested it, at urgent care centers and general acute hospitals. HOUSE HEALTH AND HUMAN SERVICES approved HB 132 by a 7-0 vote.

ON THE HOUSE FLOOR

Bills passed and failed at a good clip yesterday as representatives debated from 10 to noon and from 2 to well past 4 p.m.

Second Substitute HB 126, Voter ID for Elections, passed 51-22. It requires voters to present ID when they vote on Election Day. The original bill was overly restrictive because it required photo ID – which many among the elderly, minorities and low income voters do not have. It also required photocopies of ID to be sent in with absentee ballots – which seemed an invitation to identity theft.
Representative Daw corrected these flaws, so that the substitute allows a lengthy list of IDs to prove you are who you say you are and absentee ballots can continue to be sent in without photocopies. Two amendments were added. One eliminated a requirement that election judges write down which form of ID is presented by each voter at the polls. This should help prevent delays. The second amendment by Representative Watkins was inspired by her Native American constituents. She was concerned that they would travel long distances without bringing ID. Her amendment allows those without ID who vote a provisional ballot to bring in their ID within 5 business days after Election Day.
Even with these changes, the ID requirement will still limit access for some voters and may discourage turnout in general, which is unfortunate because the bill isn’t really needed to prevent fraud – the reason being that voter fraud of this kind is very rare all over the country. Meanwhile, more time and money will be needed to educate and remind voters not to leave their ID at home.

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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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Following the Utah Legislature 2/18/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Wednesday, February 18, 2009

WHAT'S HAPPENING TODAY

Legislators are starting off with standing committee meetings from 8 to 10 today, followed by two floor sessions from 10 to noon and from 2 to 4 PM, and Executive Appropriations at 4.

THIS MORNING

At 9:15 HOUSE JUDICIARY will consider HB 160. It provides legal guidelines for the creation of a Declaration of Joint Support, which would be available to two people who share a common residence and have commingled assets and shared liabilities. They would have to be at least 18 and not incapacitated. One party to a Declaration of Joint Support could inherit from the other party and make health-related decisions if the other party were incapacitated. The Declaration of Support would be ended by the death or marriage of either person or by filing with the county recorder a notarized statement that the Declaration was terminated.

HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT will look at HB 283, which lays out penalties for off-highway vehicle operators who violate restrictions on public or private land, including tearing down signs and previous convictions for harassing wildlife or livestock. A bill to create a Snake Valley Aquifer Research Team and Advisory Council, Substitute HB 120, is also on the agenda. They would look at the impact of water use in this aquifer shared by Utah and Nevada, including impact on vegetation, agriculture, soils, air quality, wildlife, geologic integrity and socioeconomic conditions.
HB393 authorizes the state Air Quality Board to regulate siting of electric power plants that burn fuels such as petroleum coke, proposed by Consolidated Energy Utah in Davis County, and loudly opposed by citizens. Consolidated Energy announced just yesterday that it will put the project on hold while they design a cleaner system.

SB 69, requiring proof of citizenship to register or vote is #4 on the agenda of the SENATE GOVERNMENT OPERTIONS AND POLITICAL SUBDIVISIONS COMMITTEE. Voters registering in Utah for the first time would need to show a valid drivers license, birth certificate, passport, naturalization papers or documentation of membership in a Native American tribe either when registering or when voting.

THIS AFTERNOON

At 4 the Executive Appropriations Committee will begin hearing reports from subcommittees. Capital Facilities and Government Operation, Natural Resources, Economic Development and Revenue, and Executive Offices and Criminal Justice will be heard today.


WHAT HAPPENED YESTERDAY

The HOUSE BUSINESS AND LABOR COMMITTEE defeated Substitute HB 267. It would prohibit discrimination in housing and employment that is related to sexual orientation and gender expression or identity. The vote was 5-8. Voting for the bill: Biskupski, Duckworth, Hansen, King, and Wallis. Voting against: Dunnigan, Froerer, Garn, Gibson, Kiser, Morley, Painter, and Webb. According to the Deseret News, sponsor Rep. Chris Johnson cited public polls that favor protection against being fired or denied housing because of sexual orientation. Public testimony against the bill came from Eagle Forum president Gayle Ruzicka who said "sexual choice" should not be protected in the law. LaVar Christensen, a leader against same sex marriage, used the argument that Utah's "at-will" employment status which gives employer's discretion in hiring would be threatened. Public testimony in favor of the bill came from victims of discrimination. Rep. Johnson said she would continue to sponsor needed legislation.

HR 4 passed the HOUSE GOVERNMENT OPERATIONS COMMITTEE. This was a resolution opposed to implementing a national identification card, as embodied in Title II of the federal REAL ID Act. That title requires uniform information on every state's driver license in a machine readable format to be required for any federal purpose, including air travel. The resolution says this will create a massive public sector database accessible to every state and federal law enforcement officer, making the personal information of all Americans, including name, date of birth, gender, driver license or identification card number, digital photograph, address, and signature accessible from tens of thousands of locations. HR 4 urges the repeal of Title II. It says the campaign against terrorism should not be waged at the expense of essential civil rights and liberties protected in the US Constitution, including the Bill of Rights.


SJR16, a Joint Resolution Supporting Nuclear Power, passed the SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY COMMITTEE. A substitute was made to remove appreciation to nuclear power industry developers for "not requesting taxpayer subsidies" and references to "highly subsidized" renewable resources, since all forms of power are subsidized. Aaron Tilton, former legislator and president of Transition Power, which is developing plans for a nuclear power plant near Green River Utah, spoke debunking myths about nuclear power, such as high cost, radiation hazards and waste disposal. Public testimony was taken, with at least 15 testifying, only 3 in favor. Those testifying against brought many facts to contradict Mr Tilton's 'myth' debunking. The vote: Yeas - 4 (Hinkins, Killpack, Knudson, Urquhart) Nays - 2 (Goodfellow, Van Tassell,) Absent - 1 (Mayne).

Sen Van Tassell says he's not opposed to nuclear, but wants to see a business plan.

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Following the Utah Legislature 2/13/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE
Friday, February 13 2009

WHAT'S HAPPENING TODAY

Lots of new bills will be heard in committee today from 8 to 10 and from 2 to 4. Floor time is from 10 to noon.

THIS MORNING

HOUSE HEALTH AND HUMAN SERVICES will consider some bills that came out of the Health Care Reform Task Force. HB 188, Health System Reform-Insurance Market, is designed to expand access to the health insurance market,increase market flexibility, and provide greater market transparency. HB 165 Health System Reform-Administrative Simplification sets standards for the exchange of payment information between health care providers, insurers and patients. HB 331 says some state departments, including DEQ and the Department of Transportation, would have to require contractors to offer health care to the contractors' employees and their families. The policy would apply only
if the contract was for $500,000 or more.

HOUSE EDUCATION will consider HB 150, which requires the direct, nonpartisan election of members of the State Board of Education. It repeals the current involvement of the Governor and the nominating and recruiting committee in candidate selection . In case of a primary election, the primary winner would be listed first on the general election ballot. Without a primary, the order of names on the ballot would be determined by a lottery conducted by the Lt. Governor.

AT HIGH NOON

the new HOUSE ETHICS STANDING COMMITTEE meets in Capitol room 250 to consider HB 345, which prohibits elected state officials from acting as lobbyists for one year after leaving office. The prohibition would apply to the governor, lieutenant governor, state auditor, state treasurer, attorney general and members of the Legislature. The restriction doesn't apply if the person is lobbying for himself or a business he's associated with, unless the primary activity of the business is lobbying or governmental
relations.

HB 346 is in the Ethics Committee also. It requires state office candidates to report contributions within 5 business days after they are received.

IN THE AFTERNOON

SENATE REVENUE AND TAXATION will consider a school property tax bill, SB46. By eliminating a county-wide pool of capital outlay property tax revenues, this bill could increase or decrease the amount of capital outlay property tax revenues a school district in Salt Lake County, such as Salt Lake City or Jordan, receives.

WHAT HAPPENED YESTERDAY

A substitute version of HB 126 - Voter Identification for Elections passed the HOUSE WORKFORCE SERVICES AND COMMUNITY AND ECONOMIC DEVELOPMENT Committee yesterday. The original bill would have required voters to present valid photo ID at the polls instead of the two proofs of name and address now required for all except first-time voters. The photo ID would have to 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. When bill critics pointed out that 12 per cent or more of seniors, people of color, people with disabilities, low-income voters and students do not have a photo ID, Rep Daw responded by restoring some 16 alternatives now in the law, such as utility bills, that can be used to identify a voter's name and address. Andrew Riggle of the Disability Law Center testified that people with disabilities who live in institutions or under guardianship would have trouble presenting even these secondary forms of ID.
Substitute HB 126 also eliminated the requirement that absentee voters return a photocopy of their picture ID with their ballots. It was recognized that signatures on the application and on the ballot can be compared under current law, and that photocopies would present a danger of identity theft. However if the substitute bill passed ,all voters would still have to present some form of ID, so discussion by the committee and the public
continued.

The main arguments against requiring any ID at all were that it encourages an undemocratic atmosphere of mistrust, based only on anecdotes, not on proven fraud - which is almost nonexistent in the U.S.-that would discourage voter participation. Supporters of the substitute advocated a trust, but verify attitude. They cited the common use of photo ID overseas and a Carter-Baker Commission recommendation that every voter have a (free) voter ID card. The committee vote was 7-3, with Herrod, Lockhart, Sumsion and Mascaro voting aye and Litvack, Seegmiller and Watkins voting no.

HOUSE REVENUE AND TAXATION passed HB 133 yesterday, which enacts a state refundable earned income tax credit that would be equal to 10 percent of the existing Federal earned income credit.

HOUSE GOVERNMENT OPERATIONS passed HB 141, which could change billboard placement policy along interstates and limited access highways like the Legacy Highway. And needless to say, they also approved SJR 11, urging a national college football playoff instead of the BCS bowl series. President Barack Obama will be receiving his copy of the resolution soon.

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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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Following the Utah Legislature 2/11/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Wednesday, February 11, 2009

WHAT'S HAPPENING TODAY

Today standing committees will consider bills from 8 to 10 am and appropriations subcommittees will consider budgets from 2 to 5 pm. Floor debate will be from 10 to noon.

THIS MORNING

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE will debate HB 140, which increases motor vehicle registration fees by $2 on cars, trucks, motorcycles and trailers. The fees will go into a Public Safety account to pay part of the costs of employing highway patrol officers. The new total fees would range from $10.50 to $51.50. HB 100 would require prison inmates to pay for medical, dental and postsecondary education services. Payment could be deferred but would have to be paid by the time of release for parole. Only inmates who are legal residents of the US could participate in the postsecondary education services. HB 220 and HB 221, two bills concerning the way the state reimburses county correctional facilities for housing state prisoners, are also in committee today. The question of fair reimbursement comes up every year.

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will consider HB 205. It limits the requirement to adopt a water source protection ordinance to counties of the first and second class and municipalities within those larger counties. The ordinances are meant to keep hazardous materials out of groundwater that supplies drinking water. Substitute SJR 1 was tabled by the committee last time. But it has been reworded and could be reconsidered today. It directs the State Energy Program to assess the need for local government solar and geothermal ordinances, then report to the Legislature.

SENATE REVENUE AND TAXATION also has a tabled bill. Second Substitute SB 114 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.


THIS AFTERNOON

The ECONOMIC DEVELOPMENT AND REVENUE APPROPRIATIONS SUBCOMMITTEE plans to discuss the budget for USTAR. USTAR aims to draw outstanding science and technology programs to Utah institutions of higher learning as a way to increase economic development. Budgets for the Leonardo and Thanksgiving Point are also on the agenda.


WHAT HAPPENED YESTERDAY

HR 3 a Resolution on Energy Policy that urges Utah to withdraw from the Western Climate Initiative WCI, was not presented by sponsor Rep Noel in HOUSE PUBLIC UTILITIES AND TECHNOLOGY yesterday. The WCI enables Utah, Western States and Canadian provinces to participate in decisions to reduce climate change emissions. The WCI consists of Manitoba, Quebec, Arizona, California, New Mexico, Oregon, Utah, Washington, Manitoba, Quebec, Ontario and British Columbia.

Legislators' objections to Utah's participation in WCI seem to be based mostly on a desire to continue the use of Utah coal as an electric power source for economic reasons, and an irritation with Governor Huntsman for joining WCI without their approval. More bills addressing those issues, such as HB 90 and HB 91, will be coming along.

IN THE HOUSE

The House passed Substitute HB 49, sponsored by Rep Hansen by a vote of 42-31. It deals with challenging the right to vote. The most frequent challenge is that the voter has moved out of his or her old precinct. Many voters don't realize they need to re-register after they move. The impetus for HB 49, however, was an Ogden incident where 300 were challenged a week before the election with no time to respond, in an organized effort to elect a particular candidate. Under HB 49, challengers will have to sign an affidavit and back up their challenge with evidence.

HB 76, an income tax credit of up to $500 for retired military personnel passed. Sponsor Mascaro calmed budget worries by pointing out that the $7.25 million fiscal note will not kick in until July of 2011. By that time the economy should have improved - we hope. Rep Dougall commented the bill addressed two of his passions - honoring the military and letting citizens keep their own money and prioritize how they spend it.


HB 278 passed the House 53-20. It would allow up to 30 percent of class B, C and D secondary road construction funds to be used to pay for lawsuits over who owns R.S. 2477 roads in wilderness study areas. Rep Noel says the roads are needed to develop oil and gas and water. Rep Allen wanted to know whether transportation funds had been used for litigation before and was told that the Utah Department of Transportation had done so when the Legacy Highway was built near the Great Salt Lake. Opponents of the bill have two objections: 1) The funds were allocated to counties and municipalities for road maintenance and repair. They should not be used for litigation. 2) A large percent of the taxpayers of Utah are not in agreement with the rural counties that want to fight for unreasonable R.S. 2477 designation in order to prevent creation of more wilderness areas in Utah. They should not be asked to finance this legal campaign.

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Following the Utah Legislature 2/10/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Tuesday, February 10, 2009

WHAT'S HAPPENING TODAY

Legislators will debate on the floor twice today, from 10 to noon and from 2 to 3 pm. There are 146 bills on the boards awaiting debate. Standing committees will meet both morning and afternoon, and today is a Caucus Lunch day.

THIS MORNING

HOUSE WORKFORCE SERVICES AND COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE will hear two general briefings on the economy. The Department of Workforce Services will talk about Historical Economic Trends. The Governor's Office of Economic Development will report on growth of "New Business in Utah."

SENATE HEALTH AND HUMAN SERVICES will consider SB 175. It requires signs warning against leaving children or pets in parked cars to be posted at state facilities, public schools and child care facilities. The sign would warn that extreme temperatures in parked vehicles can lead to death. Also before the committee is SB 173, which would remove emotional support animals and psychiatric therapy animals from the definition of service animals trained to do work for persons with disabilities.

THIS AFTERNOON

HOUSE EDUCATION will look at HB 146. It would allow School Land Trust Program money to be used to buy and install solar or geothermal systems for installation on school property.

HOUSE PUBLIC UTILITIES AND TECHNOLOGY will consider HR 3, Resolution on Energy Policy. It urges Utah to withdraw from the Western Climate Initiative, a regional effort that enables Utah, other Western States and Canadian Provinces to participate in decisions to reduce climate change emissions. HR 3 objects that the Western Climate Initiative requires Utah to reduce carbon dioxide emissions without legislative consultation or public input. It also alleges that the Governor's Blue Ribbon Advisory Council on Climate Change (BRAC) lacked balance and did not provide full debate of global warming issues and the economic costs to Utah associated with their policy options. The resolution says costs to business and consumers will increase while carbon emissions decrease very little, especially since China, Russia, Mexico and India are expanding their carbon footprints. HR 3 also objects to the emissions cap and trade option and says carbon capture and sequestration are new, unproven technologies.


WHAT HAPPENED YESTERDAY

Energy bills votes, for and against renewable energy, seem to be popping up all over the place.

SENATE WORKFORCE SERVICES AND COMMUNITY AND ECONOMIC DEVELOPMENT passed Senator Stowell's 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.

On the other hand, HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT tabled on an 8-4-2 vote Senator Jones' bill Substitute Senate Joint Resolution 1, encouraging renewable energy development. A tabled bill can be brought back later. SJR 1 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. Reps Noel, Barrus, Winn, and Gibson had many concerns about messages in the resolution, including implications that our current energy mix is polluting, an implication that the Legislature doesn't support balanced energy development, a question as to why biomass isn't included with solar and geothermal, and whether it's really a state goal to "develop renewable energy while preserving farmlands & agricultural enterprises"

WORKFORCE SERVICES also approved 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.

HOUSE JUDICIARY decided to hold 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 decided not to lift from the table (reconsider) Second Substitute S.B 114, which raises the cigarette tax. However, a similar House bill is being sponsored by Rep Ray, HB 219. If it were to pass the House late enough in the session, after standing committees were no longer meeting, it could go directly to the Senate floor for a vote--but only if the Senate Rules Committee decided to let it out.

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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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Following the Utah Legislature 2/06/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE
Friday, February 6, 2009

WHAT'S HAPPENING TODAY

Today legislators will finish off a busy week with standing committee meetings from 8 to 10 AM and from 2 to 4 PM. Floor debate is from 10 to noon. The House has a "time certain" at 11 to debate HCR 2, a Healthy Family Partnership Concurrent Resolution against family violence.

THIS MORNING

SENATE HEALTH AND HUMAN SERVICES will discuss SB 158. 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, which increases the criminal penalty for those who perform illegal abortions to a second degree felony, is # 6 on the committee agenda.

In SENATE EDUCATION, SB 123, which changes the way a new school district is created, is back for a second hearing. It says voters in the entire existing district, rather than just those who live in the proposed district, would have to approve. Supporters cite taxation without representation. Opponents say allowing all to vote would make any change unlikely.

THIS AFTERNOON

HOUSE EDUCATION considers HB 131, which would prohibit course fees, rental and use fees, some charges for student supplies and textbook fees in public schools. Some extracurricular fees would be allowed. The state could appropriate $13.1 million to compensate school districts and charter schools for the loss of fees. Currently local school boards that charge fees must grant waivers based on ability to pay. Installment payments, school and community service and work projects for students are alternatives. HB 131 states that it is the public policy of this state that public education shall be free.

The SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY agenda includes SB 149, prohibiting text messaging or e-mail communication while driving. 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.

SENATE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT WILL DISCUSS HB 27, which provides that "agricultural operations are not nuisances and removes the protective language "substantial adverse effect on the public health and safety." Opponents are worried that the bill applies not only to conflicts in areas between residences and family farms, but could be applied to large factory farms, which do present health hazards that need regulation.


WHAT HAPPENED YESTERDAY

The HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT COMMITTEE voted unanimously twice yesterday, sending two resolutions, HJR 12 and HCR 6, to the House floor:

HJR 12, supports gasified coal as a power source, producing hydrogen from coal with carbon capture and underground sequestration technology, called CCS. The resolution says the technology would reduce emission of carbon dioxide, use Utah's abundant coal resources, create high paying jobs, and put Utah businesses at the forefront of new hydrogen and carbon economies. HJR 12 also urges the Public Service Commission to consider allowing power companies to recover the costs of prudent investment in coal with CCS.

Investment incentives are a big issue in developing new energy sources, be it solar, wind, nuclear or coal. Often overlooked, according to clean energy advocates, is investment in conservation. Making homes and buildings more energy efficient even by simple weatherization can save a lot of energy for many years into the future and people can be trained to do the work quickly, providing new jobs and putting builders back to work. The federal stimulus plan now in Congress includes funding for the Weatherization Assistance Program and the Low-Income Energy Assistance Program.

The other resolution, HCR 6, expresses strong opposition to any federal legislation that would expand the reach and scope of the Clean Water Act. The resolution says if federal jurisdiction was expanded from just "navigable" waters to cover "waters of the United States," it would inappropriately give the EPA and the Army Corps of Engineers jurisdiction over all wet areas, or areas that had been wet at some time, including groundwater, ditches, pipes, streets, gutters, desert features, and even pools and puddles."
However a student of water law history pointed out to us that this isn't "AN EXPANSION; it's a RESTORATION OF THE SCOPE OF THE CLEAN WATER ACT OF 1972; absolutely critical for our wetlands and "puddles" (the seemingly isolated playas that serve our migratory bird populations)." The federal legislation referred to is HR 2421, sponsored by Congressman Jim Oberstar. The Senate version is S 1870, sponsored by Senator Russ Feingold - just in case you want to look it up.

IN THE HOUSE

SCR 1, a concurrent resolution requesting a federal waiver to establish a two-year employer-sponsored work program for foreign workers, passed 66-6. The bill was amended to take out references to undocumented immigrants currently residing in the state, adding "while ensuring that all available local workers are given ample opportunity to meet" Utah's need for both unskilled and skilled laborers.

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Following the Utah Legislature 2/05/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Thursday, January 29, 2009

WHAT'S HAPPENING TODAY

Today's order of business is morning Standing Committee meetings and floor time, then caucus lunch and Appropriations Committees from 2 to 5 p.m.

THIS MORNING

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will hear resolutions on energy and water. HJR 12 Is a joint resolution in support of gasified coal as a power source. It supports producing hydrogen from coal with carbon capture and sequestration technology, called CCS. CCS would store carbon underground, and the resolution says Utah's geology makes it a safe and ideal place. HJR 12 also urges the Public Service Commission to consider allowing power companies to recover the costs of prudent investment in coal with CCS. The cited benefits from adopting the technology include: reducing emission of carbon dioxide, using Utah's abundant coal resources, creating high paying jobs, and placing Utah businesses at the forefront of new hydrogen and carbon economies.

Another resolution, HCR 6, expresses strong opposition to any federal legislation that would expand the reach and scope of the Clean Water Act. The resolution says if federal jurisdiction was expanded from just "navigable" waters to cover "waters of the United States," it would inappropriately give the EPA and the Army Corps of Engineers jurisdiction over all wet areas, or areas that had been wet at some time, including groundwater, ditches, pipes, streets, gutters, desert features, and even pools and puddles." The expansion could interfere with local government plans for land use, watershed, storm water, and flood plains management, as well as responsibilities such as mosquito abatement and waste treatment. And it might be unconstitutional since non-navigable waters probably wouldn't fall under the interstate commerce clause. HCR 6 says the Clean Water Act currently strikes a proper balance between clean water and state, local and federal authority.


THIS AFTERNOON

HEALTH AND HUMAN SERVICES APPROPRIATIONS will discuss Medicaid, including an overview of the department, health care provider input, testimony from child care facilities and an audit report on DORA, the program that sends drug offenders to Drug Court with a chance for to avoid incarceration through rehabilitation. I


Thursday, January 29 2009

WHAT HAPPENED YESTERDAY

Yesterday, the SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY COMMITTEE passed HB 216, which would remove the cap on prices for current Qwest telephone customers who use only basic residential service. Following telecommunications deregulation, competitive services from several telecommunications companies became available for those who want lots of features. But those who want or can afford only basic service have no choice other than Qwest, their original phone company. Other choices would require a computer and high speed internet service or are
prohibitively expensive or allow limited service (wireless).

HOUSE HEALTH AND HUMAN SERVICES passed HB 114, defining an Abortion Litigation Trust Account. Funds could be deposited into the account by the legislature or private entities. The money would be used to defend in court any law challenging the concept that a woman has the right to an abortion, even when she is not threatened with the loss of her life or substantial and irreversible impairment of a major bodily function, rape or incest

THIS MORNING

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will hear resolutions on energy and water. HJR 12 Is a joint resolution in support of gasified coal as a power source. It supports producing hydrogen from coal with carbon capture and sequestration technology, called CCS. CCS would store carbon underground, and the resolution says Utah's geology makes it a safe and ideal place. HJR 12 also urges the Public Service Commission to consider allowing power companies to recover the costs of prudent investment in coal with CCS. The cited benefits from adopting the technology include: reducing emission of carbon dioxide, using Utah's abundant coal resources, creating high paying jobs, and placing Utah businesses at the forefront of new hydrogen and carbon economies.

Another resolution, HCR 6, expresses strong opposition to any federal legislation that would expand the reach and scope of the Clean Water Act. The resolution says if federal jurisdiction was expanded from just "navigable" waters to cover "waters of the United States," it would inappropriately give the EPA and the Army Corps of Engineers jurisdiction over all wet areas, or areas that had been wet at some time, including groundwater, ditches, pipes, streets, gutters, desert features, and even pools and puddles."
The expansion could interfere with local government plans for land use, watershed, storm water, and flood plains management, as well as responsibilities such as mosquito abatement and waste treatment. And it might be unconstitutional since non-navigable waters probably wouldn't fall under the interstate commerce clause. HCR 6 says the Clean Water Act currently strikes a proper balance between clean water and state, local and federal authority and shouldn't be changed.

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Following the Utah Legislature 2/04/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Wednesday, February 4, 2009

WHAT'S HAPPENING TODAY

After a morning of standing committees and floor debate, legislators will be in Appropriations Subcommittees from 2 to 5 this afternoon working on the coming 2010 budget.

THIS MORNING

SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY COMMITTEE may consider HB 216, which would remove the cap on prices for current Qwest telephone customers who use only basic residential service. Since deregulation, competitive services from several telecommunications companies are available for those who want lots of features. But those who want or can afford only basic service have no choice other than Qwest, their original supplier. Other choices require a computer and high speed internet service or are much more expensive or allow limited service (wireless), which low income households can't afford.

SENATE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will discuss SB 128, Rainwater Harvesting. Utah water law requires a person to apply to the state and put to beneficial use any water that hasn't already been appropriated. This could even apply to the rainwater running off a roof collected in a barrel. SB 128 makes an exception. If the storage container holds less than 2500 gallons the water would be considered already appropriated to good use without applying.

HOUSE EDUCATION will hear HB 264, which requires each local school board to develop a program that identifies and encourages quality instruction by teachers in order to improve student achievement. The State School Board would supply criteria for the program, and provisional educators would be helped by trained mentors.

HOUSE HEALTH AND HUMAN SERVICES HB 128 requires doctors to offer their patients the chance to have their prescriptions issued electronically. The system would have to be secure, and pharmacies who couldn't afford it would be exempt. The system might make it easier to detect unsafe medication combinations and multiple prescriptions for addictive drugs.

THIS AFTERNOON

CAPITOL FACILITIES AND GOVERNMENT OPERATIONS APPROPRIATIONS SUBCOMMITTEE hears requests for "other-funded" capital projects on the University of Utah and Utah Valley campuses. Such projects funded in part by private funds have been mentioned by the Governor as economic development projects that the state could fund by issuing bonds.


COMMITTEE ACTION YESTERDAY

Yesterday morning the SENATE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT committee passed unanimously Senate Joint Resolution 4, which urges a study of how to dispose of 240 million pounds of electronic waste discarded in Utah this year. Besides depleting landfills, computers, monitors, televisions, cell phones, and audio video products contain hazardous lead, mercury, chromium, cadmium and brominated flame retardants, which cause health problems in humans, fish, and wildlife. SJR 4 says recycling businesses can disassemble most waste safely and economically, providing jobs as well as reusable computer resources for education.

The resolution urges the Department of Environmental Quality to work with the Recycling Coalition of Utah's Electronic Scrap Steering Committee to study the issue, including what other states are doing, and to make recommendations to the interim Natural Resources, Agriculture and Energy Committee next October.

The HOUSE EDUCATION COMMITTEE once again scheduled HB 229, a comprehensive tax bill that would reduce reliance on property taxes and increase sales taxes to fund education, sponsored by Representative Wayne Harper. He said the bill would strengthen the three-legged stool of funding (income, sales and property taxes), create equalization across districts and protect property owners. The bill would replace property tax with an increased sales tax, combine 11 different levies into one and eliminate the Capital
Foundation Program.

The Utah State Office of Education protested that the sales tax is too volatile, and the Capital Foundation Program is needed by small school districts for building projects. They said property taxes are not onerous. Utah ranks 15th highest in the nation in sales tax burden, 15th in income tax, and only 28th in property tax. Utah Taxpayers and Retail Merchants associations said sales tax revenue depends too much on the economy. The Utah Education Association thanked Harper for trying to improve education funding, but recommended keeping the property tax and adding some sales tax. The committee did not vote on the bill but voted to move to the next agenda item.

ON THE SENATE FLOOR Senate Joint Resolution 1, sponsored by Senator Pat Jones, encouraging renewable energy development, passed the Senate yesterday 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. Senator Buttars wanted to amend the bill to include nuclear energy, which presented some problems. The State Energy Program deals only with renewables, not nuclear, said Senator Jones. Unfriendly amendment, Senator Buttars, because you didn't warn the sponsor, said Senator Romero. Senator Hinkins opined that geothermal wells that go cold aren't renewable either. Senator Madsen felt radiation in the earth's crust and mantle prove that
nuclear is indeed renewable. Senator Buttars complained that the State Energy Program was discriminating by not callling nuclear a renewable and called the question. Amendment failed 11-14. Bill passed 27-1.

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Following the Utah Legislature 2/03/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Tuesday, February 3, 2009


WHAT'S HAPPENING TODAY

Standing committees consider bills this morning at 8:00 and again his afternoon at 2:00 and 3:30. Floor debate is from 10 to 12 and caucus lunch is at noon.

THIS MORNING

SENATE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT will discuss Senate Joint Resolution 4, which urges a study of how to dispose of 240 million pounds of electronic waste discarded in Utah this year. Besides depleting landfills, computers, monitors, televisions, cell phones, and audio video products contain hazardous lead, mercury, chromium, cadmium and brominated flame retardants, which cause health problems in humans, fish, and wildlife. SJR 4 says recycling businesses can disassemble most waste safely and economically, providing jobs as well as reusable computer
resources for education. The resolution urges the Department of Environmental Quality to work with the Recycling Coalition of Utah's Electronic Scrap Steering Committee to
study the issue, including what other states are doing, and to make recommendations to the interim Natural Resources, Agriculture and Energy Committee next October.

First on the HOUSE EDUCATION agenda is HB 229, a comprehensive tax bill that would reduce reliance on property taxes and increase sales taxes to fund education. The issue is what mix of the three main taxes that fund education - sales, income and property taxes - would be fairest and yield the most revenue from year to year.

THIS AFTERNOON

At 2 o'clock HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT considers HB 278. It allows a county or town to use 30 percent of the class B and C road funds that they receive from the state for the purpose of asserting, defending and litigating state and local government rights under R.S. 2477. R.S. 2477 concerns the use of roads in wilderness study areas. Local governments could continue to use B and C funds to draw federal matches to build secondary roads.

HB 94 would give a break to senior citizens by letting a senior resident aged 70 or older and one passenger enter state parks free.

HOUSE WORKFORCE SERVICES at 3:30 will hear Senate Concurrent Resolution 1, urging Congress to allow Utah to implement an employer-sponsored work program for immigrants, and allow Utah to withhold Social Security and Medicare revenue to pay for health insurance and other administrative costs of the program.

WHAT HAPPENED IN COMMITTEE YESTERDAY

Yesterday morning HOUSE GOVERNMENT OPERATIONS did a splendid job of rewriting and passing Substitute HB 49, sponsored by Rep Hansen, which sets out proper procedures for challenging a voter's right to vote in a particular precinct. Written challenges must be made in writing under oath with clear and convincing evidence before early voting begins. Challenges at the polls on Election Day must be recorded, give grounds for the challenge and can be made only by residents of that precinct or poll workers. The rewrite was the result of a very thoughtful discussion by the committee in a previous meeting.

The HOUSE REVENUE AND TAXATION COMMITTEE passed a tax break for students. Substitute HB 35 offers a nonrefundable income tax credit for tuition and mandatory fees at a state higher education institution, worth up to 5 percent of their tax liability. The committee added a provision in the substitute bill that allows residents or nonresidents to contribute their tax refunds to the Utah Education Savings Plan, a state fund that allows
taxpayers to invest in students' future college education.

SENATE HEALTH AND HUMAN SERVICES passed SB 87, Sponsored by Senator Christensen, a bill to strengthen the use of medications on the Medicaid preferred drug list. The list is based on both medical necessity and cost factors. The bill said health care providers could no longer override the list and choose more expensive medications by writing "medically necessary- dispense as written" automatically on a prescription. The bill was amended to immediately implement a way for providers to get pre-authorization to use a non-preferred drug.

SENATE EDUCATION debated SB 123, sponsored by Senator Lyle Hillyard which 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. However, SB 123 failed to pass committee by one vote. Goodfellow, Hillyard and Stephenson voted aye. Bramble, Dayton, Jenkins and Morgan voted no. The bill was in response to a recent split in the Jordan School District in Salt Lake County. Voters outside the new district who may have to pay more taxes because of the split did not get to vote.

The committee did pass SB 48, with Republicans voting aye and Democrats opposed. SB 48 changes the way a person applies for a competency-based license from the State Board of Education to teach in public schools. A local school board or charter school request would no longer be required, allowing a person to apply directly to the State Board. The license could cover to just one subject and need not be in a core academic subject like
math or reading.

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Following the Utah Legislature 2/02/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Monday, February 2, 2009

WHAT'S HAPPENING TODAY

Legislators attend standing committees and House and Senate floor debates. Appropriations Subcommittees will meet after lunch from 2 to 5 PM.

HOUSE REVENUE AND TAXATION has a tax break for students. HB 35 offers a nonrefundable income tax credit for tuition and mandatory fees at a state higher education institution, worth up to 5 percent of their tax liability.

SENATE EDUCATION will hear SB 123, which changes the way a new school district is created. Voters in the entire existing district, rather than just those who would live in the proposed district, would have to approve. The bill is in response to a recent split in the Jordan School District. Also in Senate Education, SB 109 creates a task force of legislators to explore alternative ways to fund local schools. And SB 48 changes the way a person applies for a competency-based license from the State Board of Education to teach in public schools. A local school board or charter school request would not longer be required, allowing a person to apply directly to the State Board. The license could cover to just one subject and need not be in a core academic subject like math or reading.

SENATE HEALTH AND HUMAN SERVICES begins at 8:30 with SB 87, a bill to strengthen the use of the Medicaid preferred drug list, which is based on both medical necessity and cost factors. Health care providers could no longer override the list by writing "medically necessary - dispense as written" on the prescription. SB 129 would repeal the Mental Health Therapist Grant and Scholarship Program.

HOUSE GOVERNMENT OPERATIONS will take another look at HB 49. It requires most challenges to a person's right to vote to be in writing and be made under oath before Election Day, giving the voter and county clerks time to respond. On Election Day, name and grounds of the challenger would be recorded, and the voter could still vote a provisional ballot. The idea is to protect legitimate challenges at the polls, but to discourage undocumented accusations and organized group challenges on behalf of
particular candidates.

AT 2 PM ECONOMIC DEVELOPMENT AND REVENUE APPROPRIATIONS SUBCOMMITTEE reviews budgets for Indian Affairs, Zoos, Huntsman Cancer Institute, Salt Lake County Homeless Coordinating Council and the Utah Housing Coalition.


WHAT HAPPENED FRIDAY

On Friday afternoon the state budget for this year was cut less than expected. The Executive Appropriations Committee took $175 mllion from road bonding and other funds to reduce cuts for public education, higher education and human services.

HOUSE HEALTH AND HUMAN SERVICES met in a larger room than usual because two abortion bills were on the agenda. Both passed and are now on the board for debate in the House. Substitute HB 90 raises the penalty for killing an unborn child from a third degree to a second degree felony. Exceptions would be made to avert the death or serious risk of substantial and irreversible impairment of a major bodily function of the mother. Or when
two physicians who practice maternal fetal medicine concur in writing that the fetus is not viable because of a defect that is uniformly diagnosable and uniformly lethal. A severability clause in the bill would allow the rest of the bill to stand in case one part of it was judged unconstitutional. Representative Ray, the bill's sponsor, agreed with Rep. Riesen that we need to do better on contraception to prevent unwanted abortions, but meanwhile we must defend unborn children. Representatives Menlove and Ray noted the progress of medical technology that allows mothers to know what to expect before a child is born and that allow some defects to be corrected. They noted the contributions to society that can be made by people with birth defects.

HB 222 also passed. It requires doctors who perform an abortion after 20 weeks to administer an anesthetic or analgesic to prevent pain to the unborn child. Exceptions would be made if the doctor did not perform that service, the mother did not consent, or in case of a medical emergency.

SENATE REVENUE AND TAXATION debated SB 114, which would increase the tobacco tax by $2 a pack to pay for health programs (including Medicaid), tobacco cessation, and cancer research. Supporters said they wanted to bring in $60 million to offset healthcare costs and as a disincentive to stop 6,000 kids and 20,000 adults from smoking. In fact Senator Christensen, sponsor of the bill, said because of the health issue a $5 increase would be okay; he was willing to "excuse me - tax the hell out of it." Opponents said the high price would send smokers to neighboring states and Indian reservations where the price is lower. Senator Goodfellow opposed the bill and wanted to move on to the next agenda item. Senator Valentine, seeking a compromise, asked to discuss the bill at the next meeting and amend the $2.00 to a $1.30 increase, which would make the tax equal to the national average of other states.

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