Monday, February 23, 2009
WHAT'S HAPPENING TODAY
Today at the legislature, standing committees meet from 8 to 10 and from 4
to 6 PM.
Floor sessions will be from 10 to noon and from 2 to 4 PM.
This morning SENATE EDUCATION will consider SB 185, regarding the state and
local costs of implementing education programs that are mandated by the
U.S. Department of Education. Currently, a federal education agreement that
costs more than $100,000, excluding capital costs, can be rejected or
voided by the governor or the Legislative Management Committee. It's up to
local school officials to estimate those costs and submit proposals to the
governor and legislature. The law grew out of resistance to No Child Left
Behind mandates. SB 185 raises the $100,000 trigger to $500,000, which
would challenge fewer projects, and specifies that Executive Appropriations
instead of Legislative Management would approve or deny.
In SENATE HEALTH AND HUMAN SERVICES, SB 17 prohibits health or accident
insurance policies from charging a cancer patient more for chemotherapy
that's taken orally than for intravenous chemotherapy. The prohibition bars
higher co-pays, higher deductibles and dollar limits on the treatment,
common ways that insurers shift costs to patients.
HOUSE REVENUE AND TAXATION will hear HB 380. It would earmark $400,000
worth of sales tax revenue from restaurant food to promote tourism (78%)
and to promote use by restaurants of products grown and produced in a
variety of Utah counties (22%).
HOUSE POLITICAL SUBDIVISIONS will consider HB 439. It repeals the current
sales tax law that prevents cities in Salt Lake County from levying the
sales tax used for Botanical, Cultural, Recreational, and Zoological
facilities. The change could increase revenues in the county by up to
$10.4 million.
THIS AFTERNOON
HOUSE HEALTH AND HUMAN SERVICES will hear Substitute HB 132 requiring
victims of sexual assault to be provided with information about emergency
contraception and with emergency contraception itself, if requested by the
victim, at urgent care centers and general acute hospitals.
HJR 22 recommends an interim study of whether to repeal a Medicaid
eligibility asset test and how to help Utah low-income families not have to
rely on public assistance.
HOUSE BUSINESS AND LABOR will consider HB 347, which would change liquor
laws to require electronic age verification. A new social on-premise
license would take the place of private club and restaurant liquor licenses.
WHAT HAPPENED FRIDAY
A study of the economic impact of illegal aliens in Utah, Substitute HB
107, was approved by HOUSE BUSINESS AND LABOR on Friday morning.
The legislative research office will issue a request for a proposal to
conduct the study. The fiscal note for the study is not posted on the
website but will probably be $150,000. Costs of services provided by State
and local government, as well as revenues received from illegal aliens
through taxes and fees, will be identified and summarized, including
projections for 5, 10, and 25 years ahead. Findings will be reported to
Executive Appropriations before the 2010 session.
Public comments noted that the interim Immigration Task Force has lacked
accurate information, which will be useful when Congress passes new federal
immigration laws. Some wanted to include all economic costs and benefits,
such as job losses and identity theft, not just government.
The original HB 107 would have delayed the July 1 effective date for SB 81,
an immigration bill passed last year. Representative King said the cost of
enforcing SB 81 is likely to be much higher than the $1.8 million
projected. He said a key enforcement issue is the many employers willing
to hire illegal aliens.
IN THE HOUSE
The SENATE, preoccupied with the removal of Senator Buttars from the Senate
Judiciary, Law Enforcement and Criminal Justice Committee and Senate
Judicial Confirmation Committee, addressed only three bills on Friday.
The HOUSE passed HB 140 by a vote of 48-27. It would increase fees on
vehicles by $2. The increased revenue of $5.24 million a year for three
years will go towards retaining 61 Highway Patrol troopers who would
otherwise be victims of budgets cuts. Sponsor Rep Frank projected fewer
DUI arrests, 30,000 fewer traffic stops and 58,000 fewer calls from
motorists could be handled if the cuts were not restored.
The SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS COMMITTEE
passed two bills on issues that have been debated over many years and which
the public is very interested in: regulation of gifts and meals received
by public officials (SB 156) and personal use of campaign funds (SB 162).
SB 156 broadened the category of "gift," (which equals real or tangible
person property received for less than fair and adequate consideration) to
include admission to a sporting, recreational or artistic event whether as
a spectator or participant. Translation: more events such as Jazz games,
golf games and rodeos would be reported now.
More gifts will have to be reported by lobbyists, including food or
beverages worth more than $25 a day, instead of the current $50 a day
trigger. The law makes an exception for cases where all members of a
legislative body committee, task force or party caucus are invited and for
meetings of regional or national state legislative organizations.
SB 162 prohibits the use of campaign and officeholder funds by former state
officeholders and candidates for a purpose that would result in the
candidate or officeholder recognizing the funds as taxable income under
federal tax law. State law says money in campaign accounts can be used
only for political purposes.
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 24, 2009
WHAT'S HAPPENING TODAY
TODAY standing committees will meet from 9 to 10. There will be lots of floor debate, from 10 to noon and from 2 to 4, with a break for caucus lunch at noon.
HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE will hear Substitute HB 248, which prohibits using a handheld wireless communication device while operating a moving vehicle unless it allows hands-free talking and listening and is used that way. This infraction would be secondary when a vehicle was stopped for another offense. It would not be a reportable violation, so no points would be assessed.
HB 64 is also in committee. It authorizes the Department of Public Safety to coordinate a multi-agency strike force to combat violent and other major crimes associated with illegal immigration and human trafficking. Officers of US Immigration and Customs Enforcement plus state and local law enforcement personnel could participate voluntarily. HB 64 appropriates $1 million to the Department.
HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will discuss HB 412. It amends the state energy policy to require determination of the economic impacts of legislative or executive action involving climate change, including impacts on Utah’s ability to attract industry to rural and urban Utah. HB 412 also calls for climate change regulation by the federal government that is fair and consistent throughout the state and based on commercially successful technology.
In SENATE GOVERNMENT OPERATIONS AND POLITICAL SUBDIVISIONS, HB 122 is #6 on the agenda. It deals with conditions under which public records can be protected from disclosure in anticipation of litigation. House amendments clarified that a record could not be released unless it is determined by clear and convincing evidence that the public interest favoring access to the record outweighs the interest favoring restriction of access.
HOUSE TRANSPORTATION will discuss HB 337, which creates a Choose Life Adoption Support Special Group License Plate and special account for adoption support programs, to be administered through the state Division of Child and Family Services. Applicants for the license plate would donate $25 annually. Legislative appropriations, private contributions and public or private donations or grants could also go into the account. Funds would then be distributed to charitable organizations that have adoption programs as part of their primary mission, to be used for production and distribution of educational and promotional material and for courses on adoption.
WHAT HAPPENED YESTERDAY
In committee action yesterday
HOUSE POLITICAL SUBDIVISIONS gave a helping hand to cities in Salt Lake County. It passed HB 439, repealing current sales tax law that prevents cities in Salt Lake County only from levying the sales tax used for Botanical, Cultural, Recreational, and Zoological facilities. The change could increase revenues in the county by up to $10.4 million. The vote was 8-3-1.
SENATE HEALTH AND HUMAN SERVICES unanimously approved SB 17, which prohibits health or accident insurance policies from charging a cancer patient more for chemotherapy that's taken orally than for intravenous chemotherapy.
Under HB 132, victims of sexual assault could be provided with information about emergency contraception and with emergency contraception itself, if they requested it, at urgent care centers and general acute hospitals. HOUSE HEALTH AND HUMAN SERVICES approved HB 132 by a 7-0 vote.
ON THE HOUSE FLOOR
Bills passed and failed at a good clip yesterday as representatives debated from 10 to noon and from 2 to well past 4 p.m.
Second Substitute HB 126, Voter ID for Elections, passed 51-22. It requires voters to present ID when they vote on Election Day. The original bill was overly restrictive because it required photo ID – which many among the elderly, minorities and low income voters do not have. It also required photocopies of ID to be sent in with absentee ballots – which seemed an invitation to identity theft.
Representative Daw corrected these flaws, so that the substitute allows a lengthy list of IDs to prove you are who you say you are and absentee ballots can continue to be sent in without photocopies. Two amendments were added. One eliminated a requirement that election judges write down which form of ID is presented by each voter at the polls. This should help prevent delays. The second amendment by Representative Watkins was inspired by her Native American constituents. She was concerned that they would travel long distances without bringing ID. Her amendment allows those without ID who vote a provisional ballot to bring in their ID within 5 business days after Election Day.
Even with these changes, the ID requirement will still limit access for some voters and may discourage turnout in general, which is unfortunate because the bill isn’t really needed to prevent fraud – the reason being that voter fraud of this kind is very rare all over the country. Meanwhile, more time and money will be needed to educate and remind voters not to leave their ID at home.
Sandy Peck
League of Women Voters
Wednesday, February 25, 2009
WHAT’S HAPPENING TODAY
Today morning and afternoon standing committees meet from 8 to 10 AM and 4 to 6 PM. Floor debate with be from 10 to noon and from 2 to 4 PM.
THIS MORNING
SENATE HEALTH AND HUMAN SERVICES considers SB 225, which would provide Medicaid and health insurance to a legal immigrant child regardless of how long the child has been in the United States. Currently there is a five-year residency requirement.
HB 144 is also before the committee. It says that people who act as interpreters between English-speaking health care providers and their patients who speak Spanish, Russian, Bosnian Somali, Mandarin Chinese, Cantonese or Navajo can become certified medical language interpreters. It would be a misdemeanor to falsely claim to be certified.
The three health care reform task force bills that passed the House last week, Substitute House Bills 165, 188, and 331, are on the agenda as well.
SENATE EDUCATION COMMITTEE will debate SB 240, sending a $10 million appropriation to the Governing Authority of USTAR. USTAR (Utah Science Technology and Research) aims to stimulate economic development by bringing outstanding scientists to Utah colleges and universities. Part of the money will fund science and technology research teams.
THIS AFTERNOON
SENATE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will hear SB 41 – Siting of High Voltage Power Lines. It authorizes the Public Service Commission to conduct hearings and designate sites for lines that cross more than one local government’s jurisdiction. A corporation proposing the line would need to conduct public workshops, distribute information to the public and file for local land use permits. Local land-use conditions that were unreasonable or not economical could be overruled by the PSC.
A new tobacco tax bill, HB 219, is in HOUSE HEALTH AND HUMAN SERVICES. New revenue from a $1-per-pack increase, estimated at over $41 million next year, would go to the state General Fund.
HB 189, also before the committee, requires sex education in public schools to be age-appropriate and medically accurate. Components of instruction would include abstinence to avoid pregnancy and sexually transmitted disease; family communication about sexuality; and information about the health benefits and proper use of contraceptives. The influence of drugs and alcohol on decision-making, life skills such as goal-setting and relationship skills, and biological changes of adolescence would be covered as well.
WHAT HAPPENED YESTERDAY
In SENATE GOVERNMENT OPERATIONS COMMITTEE Tuesday morning, the committee voted to pass out an as-yet-unfinalized substitute for HB 122, the bill that makes access to GRAMA records more difficult.
The substitute, according to Rep. Aagard, the bill's sponsor, is the result of consultation and compromise with interested individuals and groups.
He said it would leave in place the provision prohibiting access to information about "anticipated litigation," which opens up a pretty big window for keeping information confidential. GRAMA now lists simply "litigation."
As for the provision that certain records (nine categories, including audit, disciplinary, licensing, certification and registration matters) would be further restricted, only information that might endanger someone's life would now require "clear and convincing evidence" that the public interest would be served (a very difficult standard to prove) by its release. The other eight categories will require the lesser standard of "preponderance of the evidence." A simple balancing test is the current GRAMA standard.
HB 412, amending Utah’s state energy policy, received a favorable recommendation by a vote of 11 - 0 in HOUSE NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENT.
The bill sponsor, Rep Barrus, presented it as an additional foundation to Utah’s energy policy to ensure that policy develops in a stable way.
The legislation provides a method to assure Climate Change policies don't result in undue economic impact on industry, business and consumers and won’t impair the ability to attract industry to rural or urban areas.
In the case of federal law, Utah would look at compliance alternatives that temper the negative impacts on the state, and advocate for fair regional methodology, so there wouldn’t be dramatic disparities for energy producers in different states. The idea is to prevent federal legislation from locking us into one path prematurely.
He said that Cap & Trade (proposed last night by President Obama) is a type of carbon tax that removes industry's capital. He wants to be sure our energy providers with existing long term contracts will not be required to bear all of the new costs.
Some comments from the public:
Worry that cap and trade is making financing of power plants hard to get. (Utah Rural Electric Cooperative)
Climate change is based on ungrounded and erroneous assumptions (Sutherland Institute)
Agriculture is very energy intensive (Utah Farm Bureau)
Sarah Wright, Utah Clean Energy, said we should not wait for all the answers to act.
Buildings use 50 percent of all energy consumed (75% of all electricity). The potential energy efficiency is tremendous, could be done soon, and would save money for consumers.
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 26, 2009
WHAT'S HAPPENING TODAY
Today standing committees will meet only in the morning, from 8 to 10. But there will be two floor sessions, from 10 to noon and from 2 to 5 PM. Legislators are anxious to move as many of the 174 bills on the boards as possible before Friday, when House boards are likely to be wiped clean. The bills will then be reprioritized and sent back to the floor by the Rules Committee.
THIS MORNING
HB 64 heads the HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE agenda. It authorizes a multi-agency strike force to combat violent and other major crimes associated with illegal immigration and human trafficking. Officers of US Immigration and Customs Enforcement plus state and local law enforcement personnel could participate voluntarily. HB 64 appropriates $1 million to the Department.
HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT will consider HB 429. It expands the legal definition of “renewable energy source” to include energy from methane gas in abandoned coal mines. Other renewable sources listed in the current law include wind, solar; wave, tidal and ocean thermal; organic waste, woody debris from thinning forests and rangeland, agricultural waste, dedicated energy crops, gas from landfills, geothermal energy located outside the state, captured waste gas and waste heat, and efficiency upgrades to hydroelectric facilities.
Also before the committee is HJR 16, a proposed Constitutional amendment that changes the article on municipal water rights. Currently, the Constitution (Article XI, Section 6) doesn’t allow a municipality to lease or sell waterworks, water rights or, or sources of water supply that it owns or controls. It does allow water rights to be exchanged, but only if the water is used for the public supply of the municipality’s inhabitants. The proposed amendment would allow the municipality to lease its water, but only so long as the leased water rights are for use within the state of Utah. The lease could not be longer than seven years, but it could be renewed one or more times.
In HOUSE JUDICIARY, HB 401 – Custody and Parent Time Amendments for Service Members – addresses custody and parent-time issues that arise when a National Guard or Reserve member is away temporarily for training or on a noncombat mission. During the absence, parent-time rights could be delegated by a custodial service member to family members with a close and substantial relationship to the minor children if the non-custodial parent were unwilling or unable to provide care.
WHAT HAPPENED YESTERDAY
Some interesting bills were debated on the House and Senate floors yesterday.
The SENATE moved two ethics bills to the top of their list and quickly passed them. SB 156 by Senator Bell will increase the number of gifts to legislators over $25 that lobbyists will have to report, making them more transparent to public view. SB 162 by Senator Valentine will disallow personal use of leftover campaign funds by elected officials after they leave office.
The HOUSE passed HB 328, creating a pilot program of two-year grants to school districts and charter schools who want to develop performance-based compensation plans for elementary school teachers. Guidelines say that student learning gains (not test scores, though) should account for 40 percent of the compensation. The teacher’s instructional quality as measured by classroom observation or “other instruments” would account for 40 percent, and the remaining 20 percent should include a measure of parent, student or community satisfaction.
Some questions were raised about what “other instruments” might measure instructional quality and whether we can afford even the $300,000 to fund the grants. Rep Holdaway also wanted to be sure that teachers’ base salaries would not be diminished, that the compensation would be an add-on. The bill passed 65-7.
The HOUSE defeated HB 208, on a 34-40 vote, including a call of the House to be sure everyone voted. The bill would have required undocumented children of undocumented immigrants to sign an affidavit saying that they are not employed or earning income in the U.S. Otherwise, they would permanently lose the in-state tuition rate at state funded universities and colleges.
The sponsor, Rep Greenwood, a professional law enforcement officer, said students could not be working without a Social Security card (although that may not be correct, depending on the employer) so they are likely guilty of showing a false card, perjury on the I-9 employment form they fill out, or identity theft. He feared students were not aware that the penalty for these felonies could prevent their qualifying for citizenship or for some jobs, such as security jobs, in the future.
Representatives Litvack. Beck and Mascaro shared stories about undocumented students who have been here for years and struggle to attend college and improve themselves. They said becoming citizens can take 10 or 20 years.
Representative McIff regretted that whatever the purpose of the bill it would “narrow the opening of the school house door,” as happened with Governor George Wallace in 1963 in Alabama, and asked if any country had ever benefited from that.
Second substitute HB 120 passed easily without debate. It creates a Snake Valley Aquifer research team to compile scientific data and an advisory council to advocate for Utah’s interest in the “Las Vegas Water Grab,” a plan to pump and transport Snake Valley water to Las Vegas to support its urban growth.
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 27, 2009
WHAT’S HAPPENING TODAY
Today standing committees will meet this morning from 8 to 9 and again from 4 to 6 this afternoon. Floor debate will be from 9 to noon and from 2 to 4. The House Ethics and House Retirement Committees meet at noon, and the Senate Retirement Committee meets at 1 PM.
SENATE HEALTH AND HUMAN SERVICES has scheduled HJR 3, expressing the Legislature’s support for public and private efforts to increase and improve cancer treatment, screening and research. It recognizes the importance of cancer prevention, early detection and survivorship programs, as well as public and private funding for research. Utah has some of the lowest cancer screening rates in the nation, thus some of the highest rates of cancer diagnosed at late stages.
Another resolution, Substitute HJR 5, encourages Congress to include the Navajo Nation in a federal web access pilot program that provides information needed to collect child support, establish paternity and enforce child and medical support obligations. Over half the Navajo Nation population lives below poverty level and over 40% are unemployed.
SENATE EDUCATION will consider Substitute HB 150. It requires direct, nonpartisan election of members of the State Board of Education, repealing the current selection by the governor and a nominating committee. HB 150 has passed the House, where a substitute bill to make the election partisan was voted down 31-42.
AT NOON
The HOUSE RETIREMENT COMMITTEE will consider HB 410. It reduces legislators’ daily pay by 10 percent to $117 a day through 2010 for general and special sessions and authorized legislative meetings. HB 96 would give a charter school that had opted out of participation in the state retirement system a one-time opportunity to opt back in.
HOUSE ETHICS will debate SB 162, prohibiting the personal use of leftover campaign funds by elected officials after they leave office. Also on the agenda: SB 156, which increases the reporting by lobbyists of gifts to public officials, adding meals that cost more than $25 and admission to sporting, recreational or artistic events. HB 213, would ban gifts over $5, with some exceptions, to public officials and their immediate families
At 1:00 The SENATE RETIREMENT COMMITTEE will hear SB 195, suspending for a year, beginning July 1st, the 1.5% employer defined contribution made on behalf of some state employees in the Public Employee’s Noncontributory Retirement System.
IN THE AFTERNOON at 4:10
SB 41, Siting of High Voltage Power Lines, heads the SENATE TRANSPORTATION AND PUBLIC UTILITIES AND TECHNOLOGY agenda. The Public Service Commission would conduct hearings and designate sites for power lines that cross more than one local government’s jurisdiction.
WHAT HAPPENED YESTERDAY
In Committee action
HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE moved along Substitute HB 64, authorizing a multi-agency strike force to combat violent and other major felony crimes associated with illegal immigration and human trafficking. It also provides for a Fraudulent Documents Identification Unit.
Officers of US Immigration and Customs Enforcement plus state and local law enforcement personnel could participate voluntarily in the effort. HB 64 appropriates $891,000 to the Office of the Attorney General to help run it.
HOUSE NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT approved HJR 16, a proposed Constitutional amendment that changes the article on municipal water rights. The amendment would allow municipalities to lease their water, but only if the leased water rights were for use within the state of Utah. The lease could not be longer than seven years, but it could be renewed one or more times.
IN THE HOUSE
The House passed HB 184, which restores an income tax credit for a dependent adult with a disability or dependent child with a disability. Sponsor Rep Dougall said he wanted to help taxpayers who offer loving care at home for those who depend on them.
This new exemption to the flat tax (no, said Rep Dougall –it’s a single rate tax, not flat) provoked some criticism. Rep. Mascaro said the pure flat tax just doesn’t work in a community with a variety of needs. Rep. Harper on the other hand , a fan of the flat tax, said the credit served a great, great, great purpose but was bad, bad, bad policy. Rep Duckworth reported she is getting email critical of the flat tax from constituents on fixed incomes.
HB 390, which eliminates absentee balloting in election clerk’s offices on the Monday before the election, was debated yesterday. Sponsor Mathis of Vernal said his county clerk asked for help, citing limited staff and being busy preparing for the election on Monday. He said all county clerks were in favor with the exception of Salt Lake County.
Rep Bird tried to amend HB 390 to let 1st and 2nd class counties continue Monday voting. He estimated 5800 voters would be denied the opportunity to vote in Salt Lake, enough to turn an election.
Rep Mathis replied that he had been advised that different rules for different counties is probably not constitutional. He also said that emergency voting would still be allowed and early voting is now giving voters more options. Rep Hansen indignantly asked where the spirit of public service was on the part of the clerks. Salt Lake has 700 precincts and many headaches but manages to handle Monday voting. But the bill passed 49-26.
You can watch, listen in, or contact your legislator on line at Utah's legislative website le.utah.gov/ And for more information, visit the League of Women Voters at lwvutah.org/
Sandy Peck
League of Women Voters |
