Following the Utah Legislature 3/12/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Thursday, March 12, 2009

WHAT'S HAPPENING TODAY

Today is the very last day of the 2009 general session of the legislature. It ends at midnight. Floor debate began at 8 AM and will go until midnight if necessary. Lunch will be from 12 to 2 and the dinner break is from 6 to 7 this evening. The House has set a time certain at 9 am for HCR 10, a Concurrent Resolution Honoring the Life and Contributions of Larry H. Miller.

IN THE HOUSE

Nine bills are on the Concurrence calendar awaiting HOUSE approval of changes made in the Senate yesterday.
One interesting one is Substitute HB 444. The Senate added $500,000 for the Department of Health’s tobacco cessation program, plus money for children’s museums at the Leonardo and Thanksgiving Point, and assistance for the Shakespeare Festival, all to be funded by tobacco settlement money.

Still circled on the House’s Senate bill calendar are SB 28, Prohibited Activities of Gang Offenders: Substitute SB 199, Equal Recognition of School Parent Groups such as the PTA: and SB 64, which would give the legislature’s Administrative Rules Review Committee a new power: checking to see whether state agencies were spending appropriations as the legislature intended.
However HJR 23, a Joint Rules Resolution, is on the Board as well. It would allow Executive Appropriations to consider citizen and legislator complaints about whether appropriations were being spent as the legislature intended.

IN THE SENATE

The Second Reading list is long. Under Substitute HB 290, a person who texted or emailed on a handheld device while driving a moving vehicle would be guilty of careless driving, a class C misdemeanor.

Also on the Board are HB 392, which would authorize the PSC to allow a subsidized rate for natural gas vehicle fuel, and Second substitute HB 272, Utah Scenic Byway Designation Amendments. SB 61, favoring Home School and Private School Students’ Participation in Extracurricular Activities, SB 164, allowing In Person Voter Registration outside the clerk’s office, and Second Substitute HB 141, Billboard Amendments, still sit circled on the Third Reading calendar.

Throughout this long last day, bills will come and go on the boards, between House and Senate, and in and out of the Rules Committees, in the rush to get everyone’s priority bill passed.


Thursday, March 12, 2009

WHAT HAPPENED YESTERDAY

HB2, the huge Minimum School Program budget bill, traveled back and forth between the House and Senate yesterday and ended up on the House Concurrence Calendar today for consideration of the Senate’s amendments. A provision that would have gradually shifted funding of charter schools from the state to local school districts was removed. That means the state would continue to pay 75 percent of charter school costs.
$400,000 for teacher performance pay was restored, and teachers at the state School for the Deaf and Blind will get a raise. The WPU, Weighted Pupil Unit, will not increase. It’s set at $2,577 per pupil and 13,000 new students are expected next year. The education budget overall has been cut by 6 percent.

The Senate also made a small but interesting change in HB 412, Energy Policy Amendments, yesterday. They had a long discussion of whether HB 412 meant taxpayers would have to pay twice to study the economic impacts of “legislation, including a bill or resolution, or an executive action, including an executive order” that addresses climate change.
Yesterday’s amendment simply took out the “legislative action, including a bill or resolution” part, since legislative fiscal analysts already analyze the economic impact of proposed legislation. The economic effect on Utah industry business and consumers would still need to be determined before climate change action by the executive branch could be adopted.

SB 48, Teacher Licensing by Competency, sponsored by Senator Buttars, did not get a warm reception in the House. The bill failed very definitely, 17-49. It would have allowed individuals to apply for a competency-based teaching license to teach in middle school or high school if they held a bachelor’s degree, and had demonstrated a high level of competency in an academic subject.
Rep Menlove thought the bill was unnecessary. Programs to increase teacher competency already exist. Former AP English teacher Moss, said good teaching is 20 percent inspiration and 80 percent preparation. Teachers need skills such as how to prepare sequential lessons, time management and knowledge of adolescent psychology.

The immigration bill HB 64 has now passed both House and Senate but with some changes. It sets up a multi-agency strike force to combat violent and other major felony crimes associated with illegal immigration and human trafficking. Legislators found an interesting source for the $891,000 that will be given to the Commission on Criminal and Juvenile Justice instead of the Attorney General’s office for administering the program. Money from the American Recovery and Reinvestment Act, aka the federal stimulus package, will be used.

Yesterday the Senate unanimously passed HB 120 - Snake Valley Aquifer Research Team and Advisory Council. The bill is designed to be sure groundwater now shared by Utah and Nevada is used on a sound scientific basis. Imagine! What a concept! HB 120 now goes to the Governor for his signature

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Following the Utah Legislature 3/11/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Wednesday, March 11, 2009


WHAT’S HAPPENING TODAY

Today the House and Senate will start off with 76 bills scheduled for floor debate. And there are many more waiting in House and Senate Rules Committees if they run short. Debate will be from 8AM to noon and from 2 PM to “as needed.” At 7:30AM the Senate Education Confirmation Committee meets to confirm Brent L. Brown as a member of the Board of Regents. At 5 PM Executive Appropriations is scheduled to meet in Room 30 House Building.

IN THE HOUSE

On the CONCURRENCE calendar, three House bills amended by the Senate are waiting for House approval. The bills are HB 122, which reduces public access to some government records; HB 129, Alcoholic Beverage Amendments Related to Minors who submit a false proof of age; and Third Substitute HB 346, Campaign and Financial Reporting Requirements for candidates who receive campaign contributions in cash or in kind.

ON THE HOUSE SENATE BILL CALENDAR:
SB 28 says individuals convicted of a gang-related crime can not possess a dangerous weapon for five years. Substitute SB 184 increases several court filing fees for civil (not criminal) cases to bring in $11.3 million beginning in fiscal year 2010. The revenue will help prevent severe gaps in court services. Substitute SB 199 addresses the issue of equal recognition of all school parent groups by the schools their children attend.

ON THE SENATE SECOND READING CALENDAR
HB 430 offers a state economic development tax credit and local property tax rebates to businesses that invest in alternative energy projects. Its purpose is to increase renewable energy generation and create high paying jobs. The original bill stated that another purpose is to assure the health and welfare of Utah citizens, but the House amended that out.
Substitute HB 439 would allow Salt Lake and Davis County to raise the Botanical, Cultural, Recreational, and Zoological facilities sales tax to pay for transit improvements, including a line between Salt Lake and Davis counties and a North Temple viaduct do-over.

IN THE SENATE ON THIRD READING
One of the bills awaiting one more vote in the Senate is HB 302. It changes the amount of money that will go from the Tobacco Settlement Account to programs in the Departments of Health and Human Services. CHIP will get more for children’s health care. Media messages that discourage smoking will get less, but Drug Courts that divert drug offenders from incarceration will get more. The Tobacco Settlement money came from a lawsuit against tobacco companies brought by several states including Utah to compensate for Medicaid costs caused by smoking.


Wednesday, March 11, 2009

WHAT HAPPENED YESTERDAY


The SENATE passed several House bills from Second to Third Reading yesterday without much discussion. They need one more vote before going to the Governor:

Second Substitute HB 120 creates a Snake Valley Aquifer Research Team and Advisory Council to protect Utah against a Nevada water grab. HB 345 would prohibit elected state officials from acting as lobbyists for one year after leaving office. Substitute HB 132 allows rape victims to get emergency contraceptives and information from more hospitals. HB 198 would permit marriage license applicants to pay an extra ten dollars to fund domestic violence shelters.

HB 412 – Energy Policy Amendments – passed from Second to Third, too, but only after considerable debate. HB 412 amends State energy policy to determine the economic impacts of a proposed legislative or executive action involving climate change. It also says state policy should advocate for fair and consistent Federal climate change regulation. Senator Jones asked who would pay to study the economic effect of a bill, resolution or action by the governor before the action was even proposed.
A discussion of that point including Senator McCoy pointed out that the legislature’s fiscal analyst examines those costs when a bill is written, but not beforehand. And who would look at the cost of a proposed action by the Governor? An extra economic impact study would be a waste of taxpayer money, and picks on just one area, climate change, said Senator Jones, calling the bill ridiculous. Senate sponsor Jenkins tried to explain that the bill is more about what energy policy should be than about energy legislation and called for a vote. HB 412 passed to Third Reading 17-9. Senator Valentine joined the Democrats in opposition.

After a long debate, the HOUSE passed Substitute SJR 16, a non-binding resolution supporting nuclear power. It “encourages new nuclear power development in Utah due to its beneficial impact on the economy, fuel diversification and the environment, and its impressive operational safety and security record.” The vote was 56 to 17.
Rep Biskupski said new nuclear plants will not be available for decades and would not be cost effective in Utah where power rates are lower; Rocky Mountain Power is not planning to build one.
Rep Noel thought prices would be more competitive if plant construction costs were not factored in. He said Utah needs baseload 24-hr power from coal or nuclear because wind and solar are available only intermittently.
Rep Allen’s proposed amendment would have considered the need for and adequacy of water resources. Rep Riesen’s amendment said nuclear development should be pursued only after a safe disposal site for the waste has been developed. After both amendments failed, Rep Daw pointed out that 20 percent of U.S. electric power is already nuclear. He said those plants seem to have a handle on their by-products. Rep Watkins predicted that the current price of electricity will go up, making cost a less important consideration.

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Following the Utah Legislature 3/10/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Tuesday, March 10, 2009

WHAT’S HAPPENING TODAY

Three days to go on Capitol Hill. There will be three bouts of floor debate, from 8 AM to noon, from 2 to 4 PM and from 5 PM to as needed. Looking at the 83 bills on the calendar, it appears that the House will concentrate on Senate bills and the Senate will debate House bills. But under suspension of the rules, legislators move from list to list quite easily

IN THE HOUSE
The House will likely start out with the Concurrence calendar. That’s where bills that were amended in the Senate have been returned to the House for their action. They can agree, or concur, with the amendments or refuse to concur and ask the Senate to recede from those amendments. Sometimes it takes a special conference committee from both houses to settle the matter. On that calendar are Second Substitute House Bill 126, which requires voter ID at the polls, and HB 122, which makes public access to some government records more difficult.

The House’s Senate bill list starts with SB 2, the New Fiscal Year Appropriations Act. This is a very large bill that appropriates $1.8 billion from the General Fund, $127 million from the Uniform School Fund, $334 million from the Education Fund, and $6.1 billion from “various sources.” All the details of where the money will be spent are in SB 2. Budget bills will be going back and forth for amendments today and tomorrow.

OTHER BILLS IN THE HOUSE

SB 134, Transportation Funding Amendments says transportation money from Congress must be spent on projects included in the statewide transportation improvement program. Substitute SJR 16, a joint resolution supporting nuclear power; SCR 2, a concurrent resolution calling for civility in the legislature and Substitute SCR 4, a resolution supporting obesity awareness are also on the board.

IN THE SENATE
The Senate will likely start out with 11 bills on the Consent Calendar. These are bills that are so non-controversial that they will be presented, but not debated, on the floor, then quickly agreed to unless one legislator wants to vote no.

The Senate’s House bill list includes some of the ethics bills that have passed the House. HB 345 prohibits elected state officials from acting as lobbyists for one year after leaving office. HB 346 requires candidates to report campaign contributions within 5 days after they’re received. HB 410 reduces legislators’ daily pay by 10 percent to $117 a day through 2010, and HJR 14 sets up an ethics training course for legislators.


WHAT HAPPENED YESTERDAY

Third Substitute SB 79 passed the Senate. It sets a standard of proof a higher standard of proof, clear and convincing evidence in malpractice suits for a narrow class of health care providers, those who are on call to staff hospital ERs. Sponsors said the medical community had agreed not to try to expand it to other ER providers. A section of the original bill that set rules for expert medical witnesses was dropped. The new law sunsets after four years if not renewed.

The HOUSE voted on health care, too. They passed HB 171, removing the 5-year ban on Medicaid for 800 legal immigrant children by a vote of 50 to 23. Sponsor Rep Holdaway quoted a $390,000 fiscal note but he expects reduced use of the ER to offset that.

But the HOUSE failed 25-47 to approve HB 372, requiring prison inmates to use their private health insurance instead of prison health services while incarcerated. Proponents wanted to save the state money, but opponents didn’t want to increase the burden on small employers who pay insurance premiums. Rep Dunnigan pointed out that insurance contracts already say an incarcerated person is not covered.

The Senate passed two voter ID bills. Second Substitute HB 126, sponsored by Rep Daw, will require ID when voting. Senator McCoy added two provisions to help voters who arrive at the polls without it: signs in polling places reminding voters in line that ID is now required, so voters could go home and get it, and reminders when casting their provisional ballots that they must show ID at the clerk’s office within 5 business days. The vote was 26-3. McCoy, Robles and Romero voted no.

Late yesterday afternoon Substitute SB 69, which calls for proof of citizenship, not just ID, when registering or voting, passed both Second and Third Reading under suspension of the rules. Sponsor Sen Madsen added an amendment to allow people with disabilities to confirm their citizenship with a letter from the Social Security Administration--which Sen Robles said she appreciated. The vote was 22-7. SB 69 now heads to the House.

The HOUSE tried yet again to strike a balance between private property and access to Utah streams, but 3^rd substitute HB 87 failed 34-41. Rep. Fowlke cautioned that hundreds of letters – not form letters – protesting the bill signal litigation to come. She said the bill was based on the false premise that all water is private; the Utah Constitution says water is public. Rep Biskupski said that randomly designating some rivers as public without criteria was begging for lawsuits and Rep King suggested working with existing trespass laws first.

But the HOUSE passed HB 379, 52 to 22. Anyone asking the Departments of Environmental Quality, Natural Resources or Transportation to delay an environmental action through a preliminary injunction or administrative stay would have to post a bond. And if unsuccessful they would have to pay damages to defendants harmed by the delay. Rep Biskupski reported that Legislative Research found constitutional problems of limiting the right to petition for redress of grievances and denying access to the courts. She proposed to allow the court to ask for a bond or damages but not to require it. That amendment failed. Rep McIff, a former judge, said a court rule 65A already allows what HB 379 proposes. HB 379 now goes to the Senate.

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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.

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Following the Utah Legislature 3/06/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Friday March 6, 2009

WHAT’S HAPPENING TODAY

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


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

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

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


BILLS TO WATCH IN THE SENATE TODAY On Third Reading:

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


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


WHAT HAPPENED YESTERDAY

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

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

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

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

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

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

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

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Following the Utah Legislature 3/05/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Thursday, March 5, 2009

WHAT'S HAPPENING TODAY

Just one more week to go in the session. Committee meetings are over, with a couple of exceptions. So today House floor time will be 8 AM to noon and 2 to 5 PM. Senate sessions are from 9 AM to noon and from 2 to 5 PM.

TWO COMMITTEES meetiat 7:30 THIS MORNING in Room 20:

The RETIREMENT AND INDEPENDENT ENTITIES INTERIM COMMITTEE meets to review a proposal to create a new independent entity: the Utah-Generated Renewable Energy Electricity Network Authority.
The SENATE RETIREMENT AND INDEPENDENT ENTITIES COMMITTEE will consider Second Substitute SB 76 and Substitute HB 211. SB 76 amends definitions and provisions regarding energy production in the Public Utilities section of Utah law.
HB 211 requires an annual report of investment of Utah retirement funds in Iran’s petroleum sector. Some of those companies are subject to sanctions under the federal Iran Action Act of 1996.

ON THE FLOOR: On Thursdays, to start off, the House works on Senate bills while the Senate works on House Bills.

IN THE HOUSE
Two circled bills are on its Senate list. SB 64 would give the Administrative Rules Committee new power, in addition to its oversight of state agencies to be sure that the rules they make to administer a law comply with the intent of the law. Under SB 64 it could also review any legislative appropriation to see if the state agency that received the money was spending it as the Legislature intended.
Substitute SCR 3 is a resolution expressing support for the work of the Utah Council on Financial and Economic Education towards increasing financial literacy of the citizens of the state.

Later the HOUSE may continue debate on two bills they voted down once but decided to reconsider. One is Second Substitute HB 187 which is about use of streams on private property by fishermen and other sportsmen. Substitute HB 145, concerning the accuracy of workplace drug testing programs, was also recalled for reconsideration.

IN THE SENATE
The Senate votes twice on every bill. House Bills it approved once yesterday are on what’s called Third Reading for another vote today. On the list are HB 222 ,the Unborn Child Pain Prevention Act ,and HB 122. HB 122 is a GRAMA bill that requires requests for access to public records to show by a "preponderance of the evidence" that the public interest favoring access outweighs the interest in favoring restriction of access, a much more difficult standard for citizens to meet than simply balancing the interests of the two sides.
When the Senate turns to the Second Reading calendar, they’ll find HB 140, which would increase vehicle registration fees by $2 to avoid losing Highway Patrol troopers to budget cuts, and Substitute HB 126, requiring voter ID on Election Day.


WHAT HAPPENED YESTERDAY

IN HOUSE WORKFORCE SERVICES AND COMMUNITY ECONOMIC DEVELOPMENT, Rep Garn presented HB 430, which creates Renewable Energy Zones (REZ) with the approval of local government, which would provide property tax incentives, and the state, which would provide tax credits. The projects must generate Utah jobs and tax revenue. All tax credits must be based on performance.
Derrick Miller, Managing Director of Corporate Recruitment and State Incentives in the Governor's Office of Economic Development, explained that the bill is important to maintain Utah's competitiveness. The focus is on manufacturing within the growing renewable energy (RE) sector, including manufacture of wind turbines, solar panels, etc. Companies would have to be approved by the Governor’s office.
He said our current incentive program is not competitive with other states. We've been losing jobs to Colorado and Oregon. There are companies at the door waiting for Utah to pass this bill. HB 430 passed unanimously and is # 20 on the House debate calendar.

HOUSE REVENUE AND TAXATION gave unanimous approval to HB 378, a bill that increases the property tax “circuitbreaker.” That’s the sliding scale property tax credit available to renters and homeowners with household incomes below $26,941. People who claim the credit could increase it by subtracting from their household income $1000 for each of two dependents. The cost to the General Fund would be about $121,300 in 2010.

IN THE HOUSE and SENATE

The House added their approval to two Senate ethics bills. SB 156 by Senator Bell will increase the number of gifts to legislators worth more than $25, including meals and sporting events, 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.

To return the favor, the SENATE approved three House Health Care Reform bills, Substitute House Bills 165, 188, and 331. Senators highly praised them as a first step that increases flexibility and transparency in the health insurance market, with more choice for consumers including portable, lower cost policies that cover less. They said the next steps should be to make provider costs and outcomes transparent in order to put consumers in the driver’s seat. Cost control and integrating Medicaid, Medicare and self-insured large companies into the reforms were on their “to do” list as well.

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Following the Utah Legislature 3/04/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Wednesday, March 4, 2009

WHAT’S HAPPENING TODAY

Final standing committee meetings of the session meet from 8 to 9 a.m. today. Floor debate will be from 9 to noon and from 2 to 5 PM.

THIS MORNING

HOUSE REVENUE AND TAXATION will consider HB 378, a bill that increases the property tax “circuitbreaker.” That’s the sliding scale property tax credit available to renters and homeowners with household incomes below $26,941.

People who claim the credit could increase their credit by subtracting from their household income $1000 for each dependent. Income could be decreased by a limit of 2 dependents, or $2000 per household. And the claimant or the claimant’s spouse could not qualify as a dependent. The cost to the General Fund would be about $121,300 in 2010.


HOUSE WORKFORCE SERVICES AND COMMUNITY ECONOMIC DEVELOPMENT will debate HB 430. It offers an economic development tax credit to businesses that invest in alternative energy projects. Its purpose is to increase generation of renewable energy and create high paying jobs in the renewable energy industry.

Projects would be located in renewable energy development zones created by the Governor’s Office of Economic Development in conformity with community master plans and approved by the local government. Local government would offer incentives as well, such as abatement of all or part of property taxes for up to 30 years.
Qualifying projects would have to include significant capital investment, high paying jobs, or significant purchases from Utah vendors; and generate new state revenues. Credits are expected to cost the General Fund about $2.4 million and the Education Fund $187,000 the first year. The cost in subsequent years would be $9.6 million from the General Fund and $412,000 from the Education Fund.


HOUSE GOVERNMENT OPERATIONS will look at HB 362, which sets penalties for destroying or mutilating the record copy of a government record. HB 362 also allows a government to charge a fee for researching and responding to a records request if the requester has already submitted 12 requests within the year. The fee would not apply to requests made for a story or report for general publication.

IN SENATE COMMITTEES

SENATE HEALTH AND HUMAN SERVICES will discuss Substitute HB 64, authorizing a strike force to combat violent and other major felony 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.

It also provides for a Fraudulent Documents Identification Unit and appropriates $891,000 to the Office of the Attorney General to help run it.
Another immigration bill, HJR 25, urges Utah employers to hire only individuals who are authorized to work in the United States.

WHAT HAPPENED YESTERDAY

The HOUSE concentrated on the great outdoors yesterday. In the morning they honored Don Peay with a concurrent resolution HCR 9 for his contributions to conserving Utah’s natural resources, including habitat restoration and watershed and stream bed improvements.
Then they spent most of the afternoon floor session discussing 2^nd Substitute HB 187, sponsored by Rep Ferry, trying to strike a balance between private property rights and access to Utah streams by fishermen and other sportsman.

A recent Supreme Court decision said the public does have a public easement right to streambeds but did not spell out details of how to balance that right with trespassing protection for homes and ranches that, as Rep McIff said, existed before Utah even became a state.

Rep Noel also favored protecting those he said Thomas Jefferson referred to as virtuous cultivators of the earth. He mentioned that two-thirds of the state is public land with full access for sportsmen. After an exhausting discussion, Reps King and Bird recommended sending the matter to interim study, and the bill failed on a vote of 34-41.


The SENATE discussed SB 79 – Health Reform – Medical Malpractice Amendments at great length.
One part of SB 79 proposed that expert witnesses from out of state at malpractice trials be temporarily licensed. Then they could be disciplined if their testimony was found unprofessional. Senator Hillyard said it’s hard to get Utah doctors to testify because they are sometimes harassed by other doctors afterward. Local doctors and juries make convictions difficult.

The other part of SB 79 proposes a higher standard, clear and convincing evidence instead of preponderance of evidence, to convict Emergency Room physicians of malpractice. The reasoning is that emergency room patients come without their medical histories, sometimes unconscious, making good decisions harder, with problems outside an on-call physician’s specialty. Sponsor Senator Knudson said emergency rooms are losing personnel over the issues. Senator McCoy thought the higher standard of evidence was not needed, because knowledge of the patient, not perfect knowledge, is taken into consideration.

A major concern is that doctors involved in malpractice suits see the premiums for malpractice insurance increase by as much as $50,000 a year as reported by Senator Liljenquist.
Senator Jones brought up the issue of whether this increases the practice of defensive medicine - ordering too many tests that raise the cost of health care. Senator Robles questioned whether the higher evidence standard would bring down the costs of malpractice premiums, and said the AARP thinks the bill is unnecessary. Senator Romero added that very few malpractice cases go to trial or are awarded, and best practices training is needed to reduce health care costs instead.

SB 79 passed it from second to third reading – but just barely by 16-12-1. A bill takes 16 votes to pass the 29 member Senate.

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Following the Utah Legislature 3/03/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Tuesday, March 3, 2009

WHAT’S HAPPENING TODAY

This morning legislative standing committees meet from 8 to 9 – except House Business and Labor begins at 7:30 - and from 4 to 5 this afternoon. The last committee hearings of the session will be tomorrow morning. Floor debate is scheduled for 9 to noon and 2 to 3:50 today. All lunches this week are caucus lunches.


THIS MORNING

HOUSE BUSINESS AND LABOR will consider HB 171. A new provision of the federal Children's Health Insurance Program allows states to lift the 5-year waiting period on Medicaid and CHIP eligibility for legal immigrant children. A significant number of these children lack coverage because their parents work one or more jobs that do not offer employer-based coverage. HB171 and a similar Senate Bill, SB225, would implement the new option in Utah. Around 800 uninsured children could be covered for preventive diagnosis and care, immunizations and other services at a cost of up to $487,000.

HB 454, Small Group Reinsurance, is also in committee. It creates the Utah Reinsurance Pool as a non-profit entity within the State Department of Insurance for small employer group health insurers and defined contribution health plans. As explained by the Commonwealth Fund, reinsurance – insurance for insurance companies - can relieve health insurers of the risk of "adverse selection" (that is, disproportionate enrollments of individuals with extraordinarily high medical costs). Then insurers may be able to significantly lower premiums, making health coverage affordable for more people.


SENATE TRANSPORTATION PUBLIC UTILITIES AND TECHNOLOGY WILL continue to discuss Second Substitute SB 41, which is about deciding where to put high voltage power lines. More lines will be needed to distribute electricity generated by new sources, including wind power.


THIS AFTERNOON

SENATE REVENUE AND TAXATION takes on SB 5, which describes ways for state agencies and universities to fund capital facilities. They include: Revenue bonds (borrowing that is paid back by revenue generated by the facility after it’s built instead of by taxpayers); using agency, institutional or donated funds; or leasing or disposing of real property.
Property in Salt Lake for an alcoholic beverage control warehouse, a University of Utah south campus housing project, a Utah Valley University Business Resource Center, and expansion of the University Neuropsychiatric Institute are some of the projects that need funding.

SENATE WORKFORCE SERVICES WILL HEAR HB 412, an energy policy bill that discusses what energy sources should be used in the future and how they would affect economic development in Utah.


WHAT HAPPENED YESTERDAY

SENATE GOVERNMENT OPERATIONS passed SB 248 on a 4-2 vote. It would allow first and second-class cities with airports to impose a sales tax of .7% or less beginning October 1, 2009. Its purpose would be to fund a public transit systemm a local highway of regional significance or other infrastructure that benefits city residents or people traveling to the city. One project that backers have in mind is a Salt Lake City – Davis county streetcar or light rail system.

Jim Olsen of the retailers association said the tax would put Salt Lake City retailers at a disadvantage. Lincoln Shurtz of the Utah League of Cities and Towns explained that the resort community tax allows tourists who don’t pay property taxes to help pay for the daytime services they use. Salt Lake City’s daytime population is twice its nighttime population. Salt Lake City government spokesmen assured the committee that the city is committed to hearings and transparency on the decision.

SB 223 also passed 4-2. It allows cities and counties to seek and sell carbon credits when they capture carbon by converting their waste and garbage to charcoal or biochar (a soil improver). Senator Jenkins was strongly opposed. He said that human-caused CO2 isn’t close to being proven. Sponsor Senator Romero pointed out that regardless of the science, communities would benefit by saving landfill space and restoring the soil while earning carbon tax credits if the market develops. A member of the public, Jerold McDonough, has been studying carbon dioxide emissions. He said the many decaying trees from the pine bark beetle infestation that release carbon into the air could instead be converted to charcoal or biochar.

SHB 126, requiring voter ID on Election Day passed 4-2 as well. Cost questions were raised, such as the need to train election judges to recognize various forms of ID. Utah County elections director Scott Hogenson thought that could be incorporated into the regular training. Jason Yocum of Salt Lake County Elections said Indiana and Georgia needed costly voter education campaigns to help meet the new ID requirements, and Utah voters would need help, too. Sponsor Daw said that information would be in the State Elections Voter Information pamphlet.

SENATE EDUCATION voted down SB 113 on a 3-3 tie vote. SB 113 would delay the effective date of SB 81, last year’s immigration bill, by one year until July 1, 2010. Sponsor Senator Jones said the timing was right. Immigration has been reduced by the slowing economy and the $1.8 million fiscal note could be used in a more positive way. Other bills already address costs and criminal behavior related to illegal immigration.

Several urged a comprehensive federal solution instead of a piecemeal approach. Senator Jenkins said he hadn’t heard President Obama mention immigration reform since 6 weeks before the election. But an immigration lawyer cited statements by Obama in February saying reform is a priority. He intends to introduce a bill by summer and pass it by fall. Other opponents said identity theft, competition for jobs, and human trafficking are urgent problems. Senators Goodfellow, Morgan and Stephenson voted aye. Senators Bramble, Dayton and Jenkins voted no. Senator Hillyard was absent.

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Following the Utah Legislature 3/02/09

LEAGUE OF WOMEN VOTERS LEGISLATIVE UPDATE

Monday, March 2, 2009

WHAT’S HAPPENING TODAY

THIS MORNING

SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS considers SB 248. It would allow first and second-class cities with airports to impose a sales tax of .70% or less beginning October 1, 2009. The purpose of the tax would be to fund a system for public transit, a local highway of regional significance or other infrastructure that benefits city residents or people traveling to the city. Presumably the TRAX line to the Salt Lake Airport could benefit.
Also in committee, Substitute HB 126 would require voters to present ID when they vote on Election Day. The purpose of the bill is to head off voter fraud although no fraud, including voting by non-citizens, has occurred in Utah. Voters least likely to have ID are seniors and people with disabilities – especially those not living in their own homes, African-Americans, Native Americans, and people with low incomes.
The committee also will consider SB223. It would allow cities and counties to seek and sell carbon credits when they capture carbon by converting their waste and garbage to charcoal or biochar (a soil improver).

SENATE REVENUE AND TAXATION will hear a recycling bill also. SB 224 would allow the Department of Transportation to reuse industrial by-products in their projects. By-products could include construction debris, residuals from processing ores or minerals, flue gas emission residuals, fly ash, slag, and cement kiln dust. Material that causes a public nuisance or health hazard and hazardous wastes could not be used.

HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT may discuss HB 379 – Environmental Litigation Bond. Anyone asking for the government to delay an environmental action through a preliminary injunction or administrative stay would have to post a bond. And if unsuccessful they would have to pay damages to defendants harmed by the delay. Similar bills proposed in the past have raised questions of requiring money (the bond) to petition the government and singling out environmental actions.

IN THE AFTERNOON

SENATE EDUCATION will consider SB 113. It would delay the effective date of SB 81, last year’s immigration bill, by one year until July 1, 2010.
SB 74 requires local school board or charter schools to enact detailed gang prevention and intervention policies. Faculty and personnel would report gang activities to the administrator. Students who participated would be excluded from extracurricular activities, including interscholastic athletics, and restitution would be required for gang-related graffiti or damage to school property.

Monday, March 2, 2009

WHAT HAPPENED FRIDAY

Friday lunchtime committees were busy last week.

The HOUSE RETIREMENT COMMITTEE approved a bill to cut legislators’ daily pay by 10 percent to $117 a day through 2010. The reduction would apply to general and special sessions and authorized legislative meetings, HB 410 passed by a vote of 4-2. HB 96, giving a charter school that had opted out of participation in the state retirement system a one-time opportunity to opt back in, was also approved.

The HOUSE ETHICS COMMITTEE made some progress. It passed SB 162, prohibiting the personal use of leftover campaign funds by elected officials after they leave office. Candidates and incumbents already must use campaign funds only for political purposes. SB 156 also passed. It increases the reporting of gifts by lobbyists to public officials, adding meals that cost more than $25 and admission to sporting, recreational or artistic events. HB 213, a bill banning gifts worth more than $5 from lobbyists to public officials and their immediate families, with some exceptions, was approved as well.

A bill to allow direct nonpartisan election of State Board of Education members was squashed in the SENATE EDUCATION committee. HB 150 would have repealed the current system whereby a committee made up of education and business representatives choose three candidates who have filed for the office in each district. The list goes to the Governor, who then picks two to go on the ballot. This system grew out of concern on the part of business that our schools were not educating in ways that would contribute to Utah’s growing and changing economy. But it does allow the voices of special interests to limit choices for all parents and voters.
When HB 150 passed the House, it was opposed by many Republicans who thought direct election was a good idea but the election should be on a partisan basis. Rep Sumsion said if candidates had to work with convention delegates throughout their large districts they would become better known. And partisan backing would be a source of funding for candidates, giving them a way to make themselves known to the voters. Also voters could be assured that candidates represented the philosophy of their parties, (particularly about sex education apparently since that was the subject of the examples given.)
Opponents argued that Board members should focus on education issues, and not be distracted by the many non-education issues political parties are concerned with.
On the subject of candidates making themselves known to voters (so that voters don't have to resort to voting for whoever is listed first on the ballot, mentioned by Rep Hughes), I should say that the League of Women Voters e-Voter Guide on lwvutah.org last election received excellent responses from school board candidates answering questions about education, in higher percentages than from Congressional or legislative candidates. And it was free. No campaign contributions required.

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