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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.
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.
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, 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.
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, March 4, 2009
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 2nd 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.
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 Voter
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