Mon, February 9, 2009

WHAT'S HAPPENING TODAY

THIS MORNING week 3 of the session begins with morning standing committees
from 8 to 10, floor time from 10 to noon, and appropriations committees
from 2 to 5.

HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE will debate an open government
records bill, HB 122.  It allows a government record, including government
strategy, to be classified as protected if it involves anticipated or
pending litigation.   The GRAMA law already lists reasons- including a
pending lawsuit- to keep government records secret. The question is what
additional records would be protected if a lawsuit were not immediately
pending, only anticipated in the future, and why protection from public
view is needed.

SENATE WORKFORCE SERVICES AND COMMUNITY AND ECONOMIC DEVELOPMENT will
consider SB 14, modifying state incentives for movie and television
companies to film in Utah. Cash rebates for small budget productions and
refundable tax credits for larger budget state-approved productions would
be offered.
       They'll also hear SJR 10, which supports establishing and certifying an
Alternative Energy Training Center in Beaver County. The county is already
developing the Blundell Geothermal Plant, Thermo Hot Springs Plant, and
First Wind Project.  And the Milford High School Technology Department is
preparing students for careers in the renewable energy industry. SJR 10
notes that the bulk of renewable energy sites identified by the Utah
Renewable Energy Zones Task Force are located in rural Utah.

In HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT Substitute Senate
Joint Resolution 1, encouraging renewable energy development, will be
discussed  It directs the State Energy Program to assess the need for local
government solar and geothermal ordinances, then to report to the
Legislature on how it assesses that need.  This would help local
governments who want to develop renewable energy call on the expertise of
the State Energy Program.

HOUSE JUDICIARY is considering HB 294, which expands the general damages,
in addition to special damages such as income loss, that can be awarded to
the heirs of a person injured by a wrongful act.  General damages would
include pain and suffering, loss of enjoyment of life, and other not easily
quantifiable damages suffered by the person until the person's death.

SENATE REVENUE AND TAXATION will look at property tax and income tax credit
changes.  They may also reconsider Second Substitute S.B 114, raising the
cigarette tax, which they tabled last Friday.

WHAT PASSED COMMITTEE ON FRIDAY:

SB 158 passed to provide more medical care for kids.  It requires that in
child support cases, a court must include in its orders a cash medical
support provision--that is an obligation for both parents to equally share
all reasonable and necessary medical and dental expenses of children.
       Substitute HB 90, approving increasing the criminal penalty for those who
perform illegal abortions to a second degree felony, also passed and will
now go to Senate floor debate.

SB 149, prohibiting text messaging or e-mail communication while driving,
passed committee unanimously. Violations could lead to a 3-month suspension
of the driver's license.  The license of a person convicted of automobile
homicide while texting or emailing would be revoked immediately.

HB 27 passed Senate Natural Resources, Agriculture and Energy.  It says
"activities conducted in the normal and ordinary course of agricultural
operations or conducted in accordance with sound agricultural practices are
presumed to be reasonable and do not constitute a nuisance."  An amendment
by the sponsor took out the word "do", making "not a nuisance" only a
presumption, so a person could go to court to challenge that presumption.
Sponsor Rep Morley emphasized that his purpose was to protect existing
agricultural operations that are being encroached on by urban expansion,
creating conflicts.   The committee, especially Senator Dayton, was glad to
hear this consideration for our "producers of food and fiber. "

But it was not this part of the bill that disturbed clean air advocates.
The language "unless the agricultural operation has a substantial adverse
effect on the public health and safety" is being taken out of the law.
Agricultural operations can include large factory animal farms which are
linked to respiratory distress and death in infants. These effects would
seem to be "substantial adverse effects" on public health, not "nuisances."
 The discussion brought some suggestions:  A cap on the number of animals
could be added to the bill.  Or, as Senator Stowell suggested, local county
ordinances limiting numbers of animals and distance of factory farms from
homes, as in Iron County, are an alternative.

WHAT FAILED COMMITTEE

SB 123, sponsored by Senator Hillyard, failed a second time in SENATE
EDUCATION.  It would have changed the way a new school district is created.
 Voters in the entire existing district, rather than just voters who live
in the proposed district, would have to approve.  SB 123 failed by one
vote.  Goodfellow, Hillyard and Stephenson voted aye.  Bramble, Dayton,
Jenkins and Morgan voted no.

HOUSE EDUCATION failed to pass HB 131, which would have prohibited school
course fees, rental and use fees, some charges for student supplies and
textbook fees.  The split vote of 4-8-3 indicated some sympathy for the
bill, but a $13.1 million price tag to compensate school districts and
charter schools for the loss of fees seemed to be a low priority in this
tight budget year, since there are fee waivers for economic hardship.

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 10, 2009

WHAT'S HAPPENING TODAY

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

THIS MORNING

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

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

THIS AFTERNOON

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

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

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 11, 2009

WHAT'S HAPPENING TODAY

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

THIS MORNING

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

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

SENATE REVENUE AND TAXATION also has a tabled bill.  Second Substitute SB
114 would raise the cigarette tax to $1.30 a pack to raise money for
smoking prevention, cancer research and medical education at the University
of Utah.

THIS AFTERNOON

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

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

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

IN THE HOUSE

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

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


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

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

League of Women Voters