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Monday, March 9, 2009
WHAT’S HAPPENING TODAY
This week it’s floor time all the time on Capitol Hill until the legislative session ends at midnight on Thursday. Today floor time will be from 8 to noon and from 2 to 5, or as late as needed, with a caucus lunch break at noon and an Executive Appropriations meeting from 4 to 5 PM if needed. Legislators want to get budget bills into final form soon.
BILLS TO BE DEBATED
Several bills in both HOUSE and SENATE are circled, which means sponsors are working on compromise wording. They could come to a vote today, or negotiations might continue.
CIRCLED IN THE HOUSE
are 3rd substitute HB 187, which would regulate recreation on public streams on private property, and HB 347, which would do away with private clubs and require ID scanning for patrons under 30.
One issue regarding HB 187 is which streams should be public and who should choose them--a special board or the legislature.
HB 372 would require prison inmates to use their private health insurance instead of prison health services while incarcerated.
ALSO IN THE HOUSE - Substitute HB 370 would increase the fine for drivers who illegally park in disabled parking spots and send the proceeds to state programs that employ people with disabilities.
HB 198 would require county clerks to ask for an extra $10 fee on marriage licenses, although applicants could decline to pay it. The proceeds would go to domestic violence shelters.
At the bottom of the list is HB 379 Environmental Litigation Bond. It requires litigants who want to challenge an environmental action by a stay or preliminary injunction to post a bond. If unsuccessful, they would also pay damages to defendants harmed by the delay. Concerns include Constitutional questions such as free speech and the right to petition the government. Only those citizens or organizations who could afford the bond could challenge a proposal, for example the Petcoke plant.
CIRCLED IN THE SENATE ON THIRD READING: SB 164 allows county clerks to register voters in locations other than the clerk’s office.
Second Substitute SB 79, proposes a higher standard of proof, clear and convincing evidence, for malpractice suits against emergency room on call health care providers.
HB 122 would change the rules for public access to government records. The intent of the original law was to favor release of information to the public when their need to know appeared equal to government’s need to protect. The question is whether it is really necessary to limit public access in some cases as proposed by HB 122.
CIRCLED IN THE SENATE ON SECOND READING are Substitute SB 69, requiring proof of citizenship to register or vote, and SB 225, making legal immigrant children eligible for health care.
WHAT HAPPENED FRIDAY
IN THE HOUSE
THE HOUSE passed HB 101, a pilot program that provides assertive community treatment services to people with a severe mental disorder who are not receiving mental health services or are transitioning out of other programs such as prison programs. Sponsor Rep Carol Moss said a similar jail diversion outreach team in Salt Lake City gives wraparound services 24 hours a day for released inmates. It has been 100 percent successful in preventing patients from returning to jail.
Rep Wimmer complained that this was just a new mandate on the back of taxpayers for a small minority who can’t afford the services.
Rep Edwards said it was the right thing to do and would cut hospital and jail costs. Rep Moss called it a lifesaver for families who find it next to impossible to get services unless they have very good insurance. HB 101 passed 40-34.
SB 87, Preferred Drug List Revisions, was approved by the House 63-9. The list of medications for Medicaid patients includes less costly generic drugs. The bill provides that prescription of unlisted drugs by health care providers will require Health Department preauthorization. Rep Dunnigan said the private sector already saves millions by using PDLs, as do CHIP, Medicare and Utah’s Public Employee Health Plan.
THE SENATE approved 2nd Substitute SB 208 by an 18 to 8 vote. Beginning January 1, 2011, public notices now in newspapers would be posted only on the Utah Public Notice Website in first and second class counties. Smaller counties could publish in both places. Sponsor Sen Urquhart said this would reach more people and cost less.
Eighty-two percent of Utahns have Internet connectivity, (which of course means 18 per cent do not – another one of those pesky minorities). Senator Jones spoke up for older people, who tend to read, not surf the Internet. She said we read the paper differently and see things in the paper we wouldn’t think to look for on line. Several Senators said the choice should be optional and the same for all counties. The bill is now on Third Reading in the Senate.
Substitute HJR 8, a “Joint Resolution Regarding the Secret Ballot,” was approved by the Senate Friday. It was lifted from Rules and voted on for the second and third time without being on the board for 24 hours, a rushed process that Senator Romero said was an abuse of authority by the majority Republicans. The Utah Constitution already says “all elections shall be by secret ballot.” HJR 8 adds: “including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation.”
Bill sponsors said they aim to protect union workers from predicted federal legislation that they think will take away the secret ballot. However, in a Constitutional Revision Commission meeting at noon on Friday, Rep Menlove reported hysteria in her community because backers are giving the impression that the secret ballot will be taken away from all voters in all elections. The CRC did not oppose or endorse HJR 8, saying they had not studied it enough. And Utah law does not allow CRC study after a constitutional amendment has passed both houses. Guess we will have to study it ourselves between now and the 2010 election.
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 10, 2009
WHAT’S HAPPENING TODAY
Three days to go on Capitol Hill. There will be three bouts of floor debate, from 8 AM to noon, from 2 to 4 PM and from 5 PM to as needed. Looking at the 83 bills on the calendar, it appears that the House will concentrate on Senate bills and the Senate will debate House bills. But under suspension of the rules, legislators move from list to list quite easily
IN THE HOUSE
The House will likely start out with the Concurrence calendar. That’s where bills that were amended in the Senate have been returned to the House for their action. They can agree, or concur, with the amendments or refuse to concur and ask the Senate to recede from those amendments. Sometimes it takes a special conference committee from both houses to settle the matter. On that calendar are Second Substitute House Bill 126, which requires voter ID at the polls, and HB 122, which makes public access to some government records more difficult.
The House’s Senate bill list starts with SB 2, the New Fiscal Year Appropriations Act. This is a very large bill that appropriates $1.8 billion from the General Fund, $127 million from the Uniform School Fund, $334 million from the Education Fund, and $6.1 billion from “various sources.” All the details of where the money will be spent are in SB 2. Budget bills will be going back and forth for amendments today and tomorrow.
OTHER BILLS IN THE HOUSE
SB 134, Transportation Funding Amendments says transportation money from Congress must be spent on projects included in the statewide transportation improvement program. Substitute SJR 16, a joint resolution supporting nuclear power; SCR 2, a concurrent resolution calling for civility in the legislature and Substitute SCR 4, a resolution supporting obesity awareness are also on the board.
IN THE SENATE
The Senate will likely start out with 11 bills on the Consent Calendar. These are bills that are so non-controversial that they will be presented, but not debated, on the floor, then quickly agreed to unless one legislator wants to vote no.
The Senate’s House bill list includes some of the ethics bills that have passed the House. HB 345 prohibits elected state officials from acting as lobbyists for one year after leaving office. HB 346 requires candidates to report campaign contributions within 5 days after they’re received. HB 410 reduces legislators’ daily pay by 10 percent to $117 a day through 2010, and HJR 14 sets up an ethics training course for legislators.
WHAT HAPPENED YESTERDAY
Third Substitute SB 79 passed the Senate. It sets a standard of proof a higher standard of proof, clear and convincing evidence in malpractice suits for a narrow class of health care providers, those who are on call to staff hospital ERs. Sponsors said the medical community had agreed not to try to expand it to other ER providers. A section of the original bill that set rules for expert medical witnesses was dropped. The new law sunsets after four years if not renewed.
The HOUSE voted on health care, too. They passed HB 171, removing the 5-year ban on Medicaid for 800 legal immigrant children by a vote of 50 to 23. Sponsor Rep Holdaway quoted a $390,000 fiscal note but he expects reduced use of the ER to offset that.
But the HOUSE failed 25-47 to approve HB 372, requiring prison inmates to use their private health insurance instead of prison health services while incarcerated. Proponents wanted to save the state money, but opponents didn’t want to increase the burden on small employers who pay insurance premiums. Rep Dunnigan pointed out that insurance contracts already say an incarcerated person is not covered.
The Senate passed two voter ID bills. Second Substitute HB 126, sponsored by Rep Daw, will require ID when voting. Senator McCoy added two provisions to help voters who arrive at the polls without it: signs in polling places reminding voters in line that ID is now required, so voters could go home and get it, and reminders when casting their provisional ballots that they must show ID at the clerk’s office within 5 business days. The vote was 26-3. McCoy, Robles and Romero voted no.
Late yesterday afternoon Substitute SB 69, which calls for proof of citizenship, not just ID, when registering or voting, passed both Second and Third Reading under suspension of the rules. Sponsor Sen Madsen added an amendment to allow people with disabilities to confirm their citizenship with a letter from the Social Security Administration--which Sen Robles said she appreciated. The vote was 22-7. SB 69 now heads to the House.
The HOUSE tried yet again to strike a balance between private property and access to Utah streams, but 3rd substitute HB 87 failed 34-41. Rep. Fowlke cautioned that hundreds of letters – not form letters – protesting the bill signal litigation to come. She said the bill was based on the false premise that all water is private; the Utah Constitution says water is public. Rep Biskupski said that randomly designating some rivers as public without criteria was begging for lawsuits and Rep King suggested working with existing trespass laws first.
But the HOUSE passed HB 379, 52 to 22. Anyone asking the Departments of Environmental Quality, Natural Resources or Transportation 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. Rep Biskupski reported that Legislative Research found constitutional problems of limiting the right to petition for redress of grievances and denying access to the courts. She proposed to allow the court to ask for a bond or damages but not to require it. That amendment failed. Rep McIff, a former judge, said a court rule 65A already allows what HB 379 proposes. HB 379 now goes to the Senate.
Sandy Peck
League of Women Voters
Wednesday, March 11, 2009
Today the House and Senate will start off with 76 bills scheduled for floor debate. And there are many more waiting in House and Senate Rules Committees if they run short. Debate will be from 8AM to noon and from 2 PM to “as needed.” At 7:30AM the Senate Education Confirmation Committee meets to confirm Brent L. Brown as a member of the Board of Regents. At 5 PM Executive Appropriations is scheduled to meet in Room 30 House Building.
IN THE HOUSE
On the CONCURRENCE calendar, three House bills amended by the Senate are waiting for House approval. The bills are HB 122, which reduces public access to some government records; HB 129, Alcoholic Beverage Amendments Related to Minors who submit a false proof of age; and Third Substitute HB 346, Campaign and Financial Reporting Requirements for candidates who receive campaign contributions in cash or in kind.
ON THE HOUSE SENATE BILL CALENDAR:
SB 28 says individuals convicted of a gang-related crime can not possess a dangerous weapon for five years. Substitute SB 184 increases several court filing fees for civil (not criminal) cases to bring in $11.3 million beginning in fiscal year 2010. The revenue will help prevent severe gaps in court services. Substitute SB 199 addresses the issue of equal recognition of all school parent groups by the schools their children attend.
ON THE SENATE SECOND READING CALENDAR
HB 430 offers a state economic development tax credit and local property tax rebates to businesses that invest in alternative energy projects. Its purpose is to increase renewable energy generation and create high paying jobs. The original bill stated that another purpose is to assure the health and welfare of Utah citizens, but the House amended that out.
Substitute HB 439 would allow Salt Lake and Davis County to raise the Botanical, Cultural, Recreational, and Zoological facilities sales tax to pay for transit improvements, including a line between Salt Lake and Davis counties and a North Temple viaduct do-over.
IN THE SENATE ON THIRD READING
One of the bills awaiting one more vote in the Senate is HB 302. It changes the amount of money that will go from the Tobacco Settlement Account to programs in the Departments of Health and Human Services. CHIP will get more for children’s health care. Media messages that discourage smoking will get less, but Drug Courts that divert drug offenders from incarceration will get more. The Tobacco Settlement money came from a lawsuit against tobacco companies brought by several states including Utah to compensate for Medicaid costs caused by smoking.
WHAT HAPPENED YESTERDAY
The SENATE passed several House bills from Second to Third Reading yesterday without much discussion. They need one more vote before going to the Governor:
Second Substitute HB 120 creates a Snake Valley Aquifer Research Team and Advisory Council to protect Utah against a Nevada water grab. HB 345 would prohibit elected state officials from acting as lobbyists for one year after leaving office. Substitute HB 132 allows rape victims to get emergency contraceptives and information from more hospitals. HB 198 would permit marriage license applicants to pay an extra ten dollars to fund domestic violence shelters.
HB 412 – Energy Policy Amendments – passed from Second to Third, too, but only after considerable debate. HB 412 amends State energy policy to determine the economic impacts of a proposed legislative or executive action involving climate change. It also says state policy should advocate for fair and consistent Federal climate change regulation. Senator Jones asked who would pay to study the economic effect of a bill, resolution or action by the governor before the action was even proposed.
A discussion of that point including Senator McCoy pointed out that the legislature’s fiscal analyst examines those costs when a bill is written, but not beforehand. And who would look at the cost of a proposed action by the Governor? An extra economic impact study would be a waste of taxpayer money, and picks on just one area, climate change, said Senator Jones, calling the bill ridiculous. Senate sponsor Jenkins tried to explain that the bill is more about what energy policy should be than about energy legislation and called for a vote. HB 412 passed to Third Reading 17-9. Senator Valentine joined the Democrats in opposition.
After a long debate, the HOUSE passed Substitute SJR 16, a non-binding resolution supporting nuclear power. It “encourages new nuclear power development in Utah due to its beneficial impact on the economy, fuel diversification and the environment, and its impressive operational safety and security record.” The vote was 56 to 17.
Rep Biskupski said new nuclear plants will not be available for decades and would not be cost effective in Utah where power rates are lower; Rocky Mountain Power is not planning to build one.
Rep Noel thought prices would be more competitive if plant construction costs were not factored in. He said Utah needs baseload 24-hr power from coal or nuclear because wind and solar are available only intermittently.
Rep Allen’s proposed amendment would have considered the need for and adequacy of water resources. Rep Riesen’s amendment said nuclear development should be pursued only after a safe disposal site for the waste has been developed. After both amendments failed, Rep Daw pointed out that 20 percent of U.S. electric power is already nuclear. He said those plants seem to have a handle on their by-products. Rep Watkins predicted that the current price of electricity will go up, making cost a less important consideration.
Sandy Peck
League of Women Voters
Thursday, March 12, 2009
WHAT'S HAPPENING TODAY
Today is the very last day of the 2009 general session of the legislature. It ends at midnight. Floor debate began at 8 AM and will go until midnight if necessary. Lunch will be from 12 to 2 and the dinner break is from 6 to 7 this evening. The House has set a time certain at 9 am for HCR 10, a Concurrent Resolution Honoring the Life and Contributions of Larry H. Miller.
IN THE HOUSE
Nine bills are on the Concurrence calendar awaiting HOUSE approval of changes made in the Senate yesterday.
One interesting one is Substitute HB 444. The Senate added $500,000 for the Department of Health’s tobacco cessation program, plus money for children’s museums at the Leonardo and Thanksgiving Point, and assistance for the Shakespeare Festival, all to be funded by tobacco settlement money.
Still circled on the House’s Senate bill calendar are SB 28, Prohibited Activities of Gang Offenders: Substitute SB 199, Equal Recognition of School Parent Groups such as the PTA: and SB 64, which would give the legislature’s Administrative Rules Review Committee a new power: checking to see whether state agencies were spending appropriations as the legislature intended.
However HJR 23, a Joint Rules Resolution, is on the Board as well. It would allow Executive Appropriations to consider citizen and legislator complaints about whether appropriations were being spent as the legislature intended.
IN THE SENATE
The Second Reading list is long. Under Substitute HB 290, a person who texted or emailed on a handheld device while driving a moving vehicle would be guilty of careless driving, a class C misdemeanor.
Also on the Board are HB 392, which would authorize the PSC to allow a subsidized rate for natural gas vehicle fuel, and Second substitute HB 272, Utah Scenic Byway Designation Amendments. SB 61, favoring Home School and Private School Students’ Participation in Extracurricular Activities, SB 164, allowing In Person Voter Registration outside the clerk’s office, and Second Substitute HB 141, Billboard Amendments, still sit circled on the Third Reading calendar.
Throughout this long last day, bills will come and go on the boards, between House and Senate, and in and out of the Rules Committees, in the rush to get everyone’s priority bill passed.
WHAT HAPPENED YESTERDAY
HB2, the huge Minimum School Program budget bill, traveled back and forth between the House and Senate yesterday and ended up on the House Concurrence Calendar today for consideration of the Senate’s amendments. A provision that would have gradually shifted funding of charter schools from the state to local school districts was removed. That means the state would continue to pay 75 percent of charter school costs.
$400,000 for teacher performance pay was restored, and teachers at the state School for the Deaf and Blind will get a raise. The WPU, Weighted Pupil Unit, will not increase. It’s set at $2,577 per pupil and 13,000 new students are expected next year. The education budget overall has been cut by 6 percent.
The Senate also made a small but interesting change in HB 412, Energy Policy Amendments, yesterday. They had a long discussion of whether HB 412 meant taxpayers would have to pay twice to study the economic impacts of “legislation, including a bill or resolution, or an executive action, including an executive order” that addresses climate change.
Yesterday’s amendment simply took out the “legislative action, including a bill or resolution” part, since legislative fiscal analysts already analyze the economic impact of proposed legislation. The economic effect on Utah industry business and consumers would still need to be determined before climate change action by the executive branch could be adopted.
SB 48, Teacher Licensing by Competency, sponsored by Senator Buttars, did not get a warm reception in the House. The bill failed very definitely, 17-49. It would have allowed individuals to apply for a competency-based teaching license to teach in middle school or high school if they held a bachelor’s degree, and had demonstrated a high level of competency in an academic subject.
Rep Menlove thought the bill was unnecessary. Programs to increase teacher competency already exist. Former AP English teacher Moss, said good teaching is 20 percent inspiration and 80 percent preparation. Teachers need skills such as how to prepare sequential lessons, time management and knowledge of adolescent psychology.
The immigration bill HB 64 has now passed both House and Senate but with some changes. It sets up a multi-agency strike force to combat violent and other major felony crimes associated with illegal immigration and human trafficking. Legislators found an interesting source for the $891,000 that will be given to the Commission on Criminal and Juvenile Justice instead of the Attorney General’s office for administering the program. Money from the American Recovery and Reinvestment Act, aka the federal stimulus package, will be used.
Yesterday the Senate unanimously passed HB 120 - Snake Valley Aquifer Research Team and Advisory Council. The bill is designed to be sure groundwater now shared by Utah and Nevada is used on a sound scientific basis. Imagine! What a concept! HB 120 now goes to the Governor for his signature.
Sandy Peck
League of Women Voters |
