|
Mon, 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.
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
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.
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
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.
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, February 5, 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.
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.
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, 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.
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 |
