Thursday, February 24, 2011

THIS MORNING  Standing Committees meet from 7:30 to 10 to talk about gun laws, multistate energy development, US Department of Interior decisions, citizen initiatives and immigration.

In HOUSE LAW ENFORCEMENT AND CRIMINAL JUSTICE

HB 129 would exempt gun owners from current restrictions on carrying loaded or unloaded guns on the street, in prohibited zones, and on other people’s property or vehicles without permission.  Another gun bill, Substitute HB169, conforms state law with federal firearms law regarding firearms transfers. 

HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT

HB 132 calls for reasonable mitigation of damage when a discharge of agricultural water damages public health, wildlife or the environment. 
HB 461 appoints legislators to be part of discussions about a multistate energy development agreement. 
HCR 14 condemns the U.S. Department of the Interior’s closed process in issuing a recent federal land use order in southern Utah and urges more open, good faith discussion with Utah counties.

In SENATE GOVERNMENT OPERATIONS

SB 72 would amend Utah ’s citizen initiative process to limit an initiative to one subject, and allow the text and fiscal impact estimate of the proposed law to be changed in response to public hearings. 
            SJR 18 urges Congress to reform an outdated federal immigration system and recommends that implementing state immigration proposals be delayed until January 28, 2013, to allow time for federal immigration reform to pass.   
            HB 80 changes the name of the state Division of Homeland Security to Division of Emergency Management and spells out statewide planning and coordination procedures for dealing with disasters and emergencies. 

HOUSE AND SENATE FLOOR DEBATE is from 10 to 12, and after CAUCUS LUNCH will continue all afternoon FROM 2 TO 5. 

Several employee benefit and retirement bills are on Senate Third Reading: Substitute SB 120, SB 127 and Substitute SB 308. 

House Third Reading might discuss HB 131 Nonresident Tuition Waivers and Substitute HB 128 Health Reform Amendments.

EXECUTIVE APPROPRIATIONS meets AT 5:15 to review agency budgets. 

They meet again at 6:15 for more budget work.

MORE MORNING COMMITTEES

SENATE REVENUE AND TAXATION will work on several proposals, including Substitute HB 226, SB 187, SB 158, and SB 43, that change fees or taxes charged for services by cities, counties and special districts.           
             SB 284 for example, authorizes an energy sales tax and telecommunications license tax for Salt Lake County .

In HOUSE JUDICIARY, HB 406 would allow adoption records to be unsealed when a child has a medical need that requires knowing the child’s biological heritage.
            HB 245 raises the fee paid for DNA testing by persons booked into a county jail or added the sex offender registry.
            HJR 38 would amend Rule of Evidence #49 to say that expressions of apology or sympathy by health care professionals can’t be used as evidence in a malpractice suit.

WHAT HAPPENED WEDNESDAY
Sherilyn Bennion Reporting

The House Revenue and Tax Committee voted against HB 124, Commercial Breeders (J. Biskupski, D-Salt Lake City), on a party-line vote of 5 to 6, after one question, no discussion and no explanation of the negative votes.  The bill would have required dog and cat breeders with more than six animals to obtain state and local licenses and follow local land-use regulations.

The House in its morning session passed 17 bills with little or no discussion.  Among them were SCR 15, Delisting of Wolves Concurrent Resolution (A. Christensen, R-Morgan, Summit and Weber Counties), which asks the federal government to remove wolves from the endangered species list; SB 110, Driver License Suspension Amendments (C. Buttars, R-West Jordan), which provides that Utahns will not  have points assessed against their driver's licenses for minor traffic violations in other states; and HCR 7, Concurrent Resolution Supporting Public Policies that Promote Outdoor Activities for Children (J. Draxler, R-Cache County), the title of which is self-explanatory. 

A highlight came when Rep. M. Noel ( R-Kane County ), the House sponsor of the wolf delisting resolution, opened his comments with a fairly convincing wolf howl.

The entire afternoon session of the House was occupied with discussion of HB 116 2nd Sub., Guest Worker Program Act (B. Wright, R-Millard, Juab and Sanpete Counties ), which eventually passed 43-28.  The bill would provide for an initial two-year program of seeking federal cooperation to set up a guest worker program.  If that effort were unsuccessful, a two-year state program would go into effect.  Undocumented immigrants 18 years of age and older who met stringent requirements would be eligible, along with their immediate family members.  An amendment was added that would extend eligibility to anyone who had filed a federal application for legal citizenship. 

Several commenters declared the bill unconstitutional.  Others, including Rep. D. Litvack (D, Salt Lake ), saw it as an appropriate vehicle for "pushing back" against the federal government.  Most supporters favored it as a crucial element, added to enforcement, of a complete immigration policy.

ALSO ON WEDNESDAY
Ann O’Connell Reporting

Regarding HB0116 Wright, B., Guest Worker Program Act, which passed 43-28,
I suggest you look at the vote count. I think it would only be fair to ask your representative for his/her reasons for this very difficult vote if you are puzzled by it.  It is a very difficult and complex matter.

HB 183 Grover, School District Leave Policy
The purpose of the bill is to prohibit a local school board from granting paid association leave for certain employee association or union duties.  Proponents argued that taxpayer money should not be used for union activities.  Opponents illustrated the value of professional organizations’ services to the districts and argued that each local school district should decide the matter. The bill passed 46-22 with perhaps 6 Republicans joining the Democrats in opposition. 

In Senate NR/AG/ENV Committee, Feb. 23, 4:00

SB 82 Urban Farming Assessment Act, W. Niederhauser
The bill gives a tax break to urban farmland of less than 5 and more than 2 acres.  There can be no residential or commercial building on the plot.  Niederhouser lives in the Granite area and the bill is designed for the Salt Lake Valley but could apply elsewhere.  It does not interfere with greenbelt statutes, something which evidently had been a worry to commercial agriculture interests.  The committee unanimously approved, all four of them.

HB 88 Agriculture Sustainability Task Force, J. Draxler
I have reported on this bill before. If funded it will establish a task force, made up mostly of legislators, to look for solutions to our declining agriculture industry. The vote was 3:0.  I missed the last three bills

HB 51, first substitute, School and Institutional Trust Lands, Barrus. The bill exempts School and Institutional Trust lands from some procedural requirements.  It was held in committee.
HJR Selections of Unappropriated Federal Lands Joint Resolution . Barrus.  The resolution asks that the federal government give Utah some of the latter’s land instead of a 5% payment if and when some of them are sold.  Passed 4:0.
HJR 19 Joint Resolution Opposing the Environmental Protection Agency’s Regulation of Greenhouse Gases, R. Barrus.  Members of both parties voted yes on this resolution. 3:0

 HOUSE REVENUE AND TAXATION
Kathy Van Dame reporting

 HB124 which regulates the licensing and operations of commercial dog and cat breeders was heard, with only one question asked by Rep Wimmer which was answered by Rep Biskupski to his apparent satisfaction.

Confusingly, it failed to receive a favorable recommendation. 

Yeas - 5
    Briscoe, J.
    Cosgrove, T.
    Duckworth, S.
    Froerer, G.
    Painter, P.
Nays – 6
    Butterfield, D.
    Clark, D.
    Hutchings, E.
    Newbold, M.
    Nielson, J.
    Wimmer, C.
Absent – 5
    Brown, M.
    Dougall, J.
    Fisher, Julie
    Harper, W.
    King, B.

SB 132, which proposes a sales tax exemption for energy-efficient wood pellet stoves was not heard.  No explanation offered, the agenda was not revised.

Sandy Peck
sandypeck@xmission.com