Monday, January 26, 2009
Today is the 4th Monday in January. That means the 2009 General Session of
the Utah Legislature opens on Capitol Hill this morning. Both the Senate
and the House will get right down to business. They will debate bills on
the floor from 10 to 11:30 am and from 2 to 5 pm. Every proposed law must
have a public committee hearing before becoming law and committees will not
meet until tomorrow. However, legislators already met monthly from April
to November in Interim Committees. There they approved many bills which
are now ready for votes in the full House and Senate.
Legislators also got a head start on the budget by meeting in
Appropriations Subcommittees before the Session. Because of the downturn in
the global economy this year they are concentrating on budgets for fiscal
years 2009 and 2010 even more than usual. They have already cut this
fiscal year's budgets once in the face of declining tax revenues. They now
propose to cut programs in the year that begins next July by as much as 15
percent, a figure that many fear will cause painful disruptions in state
services.
An alternative to cutting services is to find more revenue to pay for them.
Governor Jon Huntsman, whose budget proposal came out in December, is
taking this approach, and proposes budget cuts of 7 percent instead of 15
percent. Drawing on a $410 million reserve "Rainy Day" fund, borrowing
money by issuing bonds to pay for infrastructure such as roads and
buildings, raising vehicle registration fees, gas and tobacco taxes, and
using expected federal economic stimulus funds are under consideration by
the Governor and lawmakers.
In the past, legislators who prefer a conservative pay-as-you-go approach
have generally opposed bonding. They also want to preserve Utah's triple-A
bond rating, which allows the state to borrow at lower interest rates. The
Governor's plan is designed to leave that triple-A rating intact.
Those who favor bonding say: The money is spent on infrastructure such as
roads and buildings, not current expenses. That means future taxpayers who
will benefit from the investment can, and should, share in paying off the
bonds over several years. Investors in the bonds from outside of Utah can
contribute. Construction can begin and proceed more rapidly, avoiding
inflation that may occur over a longer pay-as-you go period. Governor
Huntsman and former Senate President Lane Beattie, speaking on behalf of
the Salt Lake Chamber of Commerce, have emphasized that bonding creates
jobs and stimulates the state economy during economic downturns.
Beyond the budget, important legislative action this year is expected on
issues of public education, energy and clean air, ethics, public officials
and the role of money in politics, health care reforms, protection of gay
rights, and immigration.
You can watch, listen in, or contact your legislator on line at Utah's
award winning legislative website http://le.utah.gov/ Or call your House
member at 801.538.1029 or your Senator at 801.538.1035 And for more
information, visit the League of Women Voters at http://lwvutah.org/
Sandy Peck
League of Women Voters
Tuesday, January 27, 2009
WHAT HAPPENED YESTERDAY
Swearing in new legislators and other ceremonial business took up most of
the floor time in the House and Senate yesterday, the first day of the
session. But several bills were introduced and put on the calendar for
discussion today. Caucusing on budget matters continued. In fact the
House ended floor time at 3 o'clock for more caucuses. Before they
adjourned, they heard Supreme Court Justice Christine Durham in joint
session. Her topic was the budget for the state judiciary.
The 7.5 percent cuts in the current budget alone mean employees will have
to be furloughed for 26 days, which translates to a 20 percent pay cut.
Proposed cuts of 15 percent next fiscal year will mean 283 positions will
be permanently eliminated. Trials of civil and juvenile delinquency cases
will be delayed in deference to criminal justice and child welfare cases,
which take take priority. Justice Durham suggested that more revenue
could come from raising filing fees and possible tax refunds to the state
under a Federal law.
WHAT'S HAPPENING TODAY
Today Legislators are working on bills in 15 standing committees , on the
House and Senate Floor, and in Democrat and Republican caucus lunches At
6:30 they will gather in the House to hear Governor Huntsman's State of the
State Address.
IN MORNING COMMITTEES
HB 35, a Nonrefundable Higher Education Tuition Credit is before House
Revenue and Taxation. Students could claim an income tax credit for tuition
and mandatory fees at a state higher education institution worth up to 5
percent of their tax liability.
House Government Operations will look at HB 49. It requires most
challenges to a person's right to vote to be in writing and to be made
under oath before Election Day so that the voter has time to respond. A
voter could still be challenged on Election Day. But grounds of the
challenge and the challenger would be recorded, and the voter could still
vote a provisional ballot to be counted after his or her eligibility was
verified.
IN AFTERNOON COMMITTEES at 2 PM
Senate Judiciary, Law Enforcement, and Criminal Justice will consider SB 32
Wrongful Death Amendments. The definition of "heir" would include a person
designated in a will or trust who had a supportive and dependent
relationship with the decedent. Minor children would have priority over
other heirs.
Senate Joint Resolution 1, encouraging renewable energy development, will
be in Senate Natural Resources, Agriculture, and Environment. 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. The resolution also urges local governments to adopt a model
ordinance for wind energy projects.
House Health and Human Services will examine HB 90, which defines a new 2nd
degree felony of criminal homicide abortion. Exceptions would be made for
the death or irreversible impairment of the mother and for medical
conditions that make it unlikely that the child would survive beyond 24
hours after birth even with medical intervention. The person who performs
the abortion, not the woman who seeks it, would be charged with the crime.
Sandy Peck
League of Women Voters
Wednesday, January 28, 2009
WHAT HAPPENED YESTERDAY
Legislators were in committee both morning and afternoon yesterday.
Senate Natural Resources, Agriculture, and Environment passed Substitute
Senate Joint Resolution 1, encouraging renewable energy development. 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. Senators Christensen, Davis, Morgan and Stowell
voted for it and Senators Dayton and Okerlund voted no. Senator Dayton was
disappointed that the bill didn't support coal and thought cities could do
their own plans without State Energy's help.
The Senate Judiciary killed Substitute SB 32 yesterday. That bill that
would have allowed inheritance in wrongful death settlements by individuals
who had a supportive and dependent relationship with the person who died so
long as they were named in a will or trust. The bill would have benefited
gay and lesbian couples and was part of that community's Common Ground
initiative. Voting aye were Senators McCoy and Romero. Buttars, Hillyard,
Madsen and Waddoups voted no.
Most of the testimony was based on fears for marriage and the family,
although the bill gave minor children priority over other heirs. Senator
Waddoups objected to the LDS church support for gay civil rights being
quoted by bill supporters because it might violate the separation of church
and state. Senator Romero was disappointed that the right to go to court
will remain limited and emphasized that a dependent relationship would have
to be proven.
Senator McCoy, sponsor of the bill, reminded the committee that three
opinion polls have shown that the public supports gay rights other than
marriage. He said this is not about marriage. Marriage is defined in the
Utah Constitution and as a legislator he has sworn to protect the
Constitution.
After a long day of committee meetings and floor action, legislators
gathered in the House chamber to hear Governor Huntsman speak about the
State of the State. His theme was "We Are One" He said that today's
economic conditions make imperative a trust between people who call Utah
home and their elected officials. The Governor also asked Utahns to unite
in addressing basic state needs, remembering that government is the last
safety net for our most vulnerable.
ON THE AGENDA TODAY
Today legislators will hear more bills in committee in the morning. In the
afternoon - speaking of basic state needs - they will be working on budgets
in Appropriations Subcommittees
MORNING COMMITTEES
The HOUSE TRANSPORTATION COMMITTEE will discuss HCR 1, which urges the EPA
to encourage the use of vehicles fueled by natural gas and support the
public and private partnerships that would increase the number of refueling
stations. HB 73 requires drivers on 2-lane roads who travel at less than
the speed of traffic with a line of 5 vehicles behind them to find a safe
turn-out to permit the vehicles to pass. Drivers of commercial vehicles
would be exempt.
HOUSE JUDICIARY will debate HB 97. It amends the offense of sexual
exploitation of a minor to include viewing child pornography. Under HB 13
suffocation or strangulation would be added to the definition of aggravated
assault, which is a third degree felony
HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT is considering HB 34.
The bill establishes the value of a bald eagle for purposes of setting a
penalty for wanton destruction of protected wildlife and setting a minimum
restitution value. House Resolution 1 urges Congress and the Bureau of
Reclamation to support development of the Narrows Water Project in Sanpete
County in central Utah.
SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS will discuss SJR 2,
a resolution that supports preserving the site of the World War II
Internment Camp at Topaz, Utah. A museum and civil liberties learning
center in Delta would educate citizens about Japanese American internment
camp history.
APPROPRIATIONS THIS AFTERNOON
Ten appropriations committees, each specializing in a particular area, will
meet at 2 PM.
PUBLIC EDUCATION APPROPRIATIONS will discuss audits of school busing, adult
education services, school construction, Carson Smith scholarships and
school district internal controls.
HEALTH AND HUMAN SERVICES will concentrate on health budgets, including
Medicaid and Community and Family Health services.
You can watch, listen in, or contact your legislator on line at Utah's
award winning legislative website le.utah.gov/ And for more information,
visit the League of Women Voters at lwvutah.org/
Sandy Peck
League of Women Voters
Thursday January 29, 2009
WHAT'S HAPPENING TODAY
Today Legislators will debate bills in committee from 8 to 10 AM, and on
the floor from 10 to noon. Then they'll work on budgets rather than bills
during caucus lunch. Senator Lyle Hillyard reported yesterday that
legislators and the Governor are close to agreement on the current 2009
budget. The Executive Appropriations Committee will meet this afternoon at
2:30 in Capitol Room 445 to make discuss it further. So the afternoon
Appropriations Subcommittees have been canceled. Next week their focus
will shift to budgeting for the 2010 fiscal year that begins next July.
THIS MORNING
SENATE HEALTH AND HUMAN SERVICES will hear SB 87, a bill to encourage the
use of less costly generic Medicaid prescriptions. Physicians could no
longer handwrite "medically necessary" on prescriptions for more expensive
drugs.
Also before the committee is SB 119, which creates a Hospital Emergency
Room Task Force. They would study the appropriate use of emergency rooms
and how to insure that staff, including specialists, is available.
Inappropriate ER use increases the cost of health care.
HOUSE REVENUE AND TAXATION will consider HB 80. The bill proposes to study
adding a taxpayer advocate to the State Tax Commission to assist taxpayers.
HB 65 would end the requirement that owners and purchasers of some
machinery, equipment and parts and semiconductors that are exempt from
sales tax report those purchases. The Revenue and Taxation Committee can
use that information to determine how much sales tax revenue is being lost
due to exemptions. Instead the State Tax Commission would estimate for the
Committee the cost of exemptions for equipment, machinery and parts, but
apparently the cost of the semiconductor exemption would not have to be
estimated.
SB 100 will be heard in SENATE EDUCATION. SB 100 asks public schools to
give the parents or guardians of kindergarten students financial and
economic literacy information, including how to open a Utah Educational
Savings Account that puts aside money for their student's college education.
SB 109 would create a task force to look for efficiencies in school
funding, more local control of education resources and how to implement a
local funding pilot project for school districts.
WHAT HAPPENED YESTERDAY
On the Senate floor yesterday, Executive Appropriations Co-Chair Senator
Lyle Hillyard gave a
progress report on the budget for the current 2009 fiscal year. He said
that legislators and Governor Huntsman were close to an agreement, and he
would continue to meet with Appropriations Subcommittee Chairs, then
present the consensus at caucus lunch today. This could be good news since
the Governor has proposed fewer cuts and use of alternatives such as the
rainy day fund and bonding to increase revenue.
An Executive Appropriations Committee meeting is scheduled for 2:30, and
"final" decisions should be made by Monday. Then they can concentrate on
the fiscal 2010 budget that would take effect in July. However, he said
things could change when new revenue predictions come out in February, and
the economy could change by May or June. He closed by saying rather
wistfully, "We're like basketball refs. We have a bad job to do and we do
a bad job."
It's worthwhile to listen in to an Appropriations Subcommittee meeting. In
Health and Human Services yesterday, the discussion of the Department of
Health budget was intense, but respectful. Committee members urged those
testifying for the department to be very specific about their priorities -
such as the epidemiologist and labs defended vigorously by Dr. Sundwall as
core services. Then if more money turns up, the committee will know where
to put it. They asked how cuts would affect county health departments,
healthcare providers, the department or drug companies. Department
representatives explained the importance of competent, trained people to
oversee and inspect services such as child care, nursing homes, and
emergency preparedness. The committee probed for what could be combined or
deferred to save money.
However, Linda Hilton and Steve Erickson of Crossroads Urban Center point
out that federal help is on the way. "If a budget with many cuts to social
welfare programs is passed, people at the least and probably whole programs
will be dropped. Meanwhile it is almost guaranteed that the federal funds
to rescue state programs will be allocated by Congress during the
legislative session. Then programs will be reinstituted individuals can
reapply. But at what cost in lost treatments, emotional turmoil, and the
monetary expense of restarting, reapplying, etc? Why do we need to do
this? We could not pass a base budget at all or we could pass a hold
harmless budget knowing that even though the funds are not there, they will
be soon. The check from the feds will be back-dated Oct. 1, 2008
You can watch, listen in, or contact your legislator on line at Utah's
award winning legislative website le.utah.gov/ And for more information,
visit the League of Women Voters at lwvutah.org/
Sandy Peck
League of Women Voters
Friday, January 30, 2009
WHAT'S HAPPENING TODAY
Today legislators will study bills in committee from 8 to 10 this morning
and from 2 to 4 this afternoon. Floor debate is from 10 to noon. An
Executive Appropriations meeting postponed from yesterday will be at 3:30
today.
MORNING COMMITTEES
HOUSE EDUCATION will consider HB 229, a comprehensive tax bill that would
reduce reliance on property tax and rely more on sales tax to fund
education. Of the three main taxes - property, sales and income - property
tax is considered the most stable. HB 242 would require children to be 5
years old by July 1 to enter kindergarten. The current cutoff date is
September 1.
HOUSE HEALTH AND HUMAN SERVICES will meet in a larger room than usual
because two abortion bills are on the agenda. Substitute HB 90 would make
killing an unborn child a second degree felony. Exceptions would be made to
avert the death or irreversible impairment of the mother, or when a medical
condition made it highly unlikely that the child would survive 24 hours
after birth. A severability clause in the bill would allow the rest of the
bill to stand in case one part of it was judged unconstitutional.
HB 222 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 JUDICIARY, LAW ENFORCEMENT AND CRIMINAL JUSTICE will consider SB 98,
which creates the offense of theft of motor vehicle fuel from a retail
business if the fuel is removed with the intent to deprive the business of
payment. Conviction would result in a driver license suspension of 60 days
for the first offense, 6 months for the second, and one year for the third
THIS AFTERNOON
SENATE REVENUE AND TAXATION will hear SB 114 which would increase the
tobacco tax by $2 a pack. Revenue would go to health programs (including
Medicaid), tobacco cessation, and cancer research..
WHAT HAPPENED YESTERDAY
Budget battles continued yesterday but at a measured pace. None of the
scheduled appropriations subcommittees met except Health and Human Services
and an Executive Appropriations meeting was postponed until 3:30 today.
The hope is to find more money for education, health and human services.
Cuts were discussed over caucus lunch. There was Republican support for a
10 percent pay cut for the legislators themselves beginning in March.
Democrats had met Wednesday night to decide their budget priorities.
In committee yesterday SB 119 passed. It creates a Hospital Emergency Room
Task Force to study the appropriate use of emergency rooms, which could
save health care dollars, and to insure that specialists are available.
Also approved was HB 80, a study of adding a taxpayer advocate to the State
Tax Commission.
SB 100, which asks public schools to give to parents and guardians of
kindergarten students financial and economic literacy information was
approved. The information would include how to open a Utah Educational
Savings Account and begin putting aside money for their kindergartner's
college education
You can watch, listen in, or contact your legislator on line at Utah's
award winning legislative website le.utah.gov/ And for more information,
visit the League of Women Voters at lwvutah.org/
Sandy Peck
League of Women Voters |
