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Legislation

2017 Legislative Session – Week 1

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Dear Friends and Neighbors,

Welcome to the 2017 Legislative Session! The session was opened by former Senate President Al Mansell who swore in our current Senate President Wayne Niederhauser. President Niederhauser’s inspiring opening remarks called for a rebalance of power between the State and Federal Governments and celebrating Utah’s participation and leadership in women’s suffrage.

Overall, we have had a productive and busy week. While the media has focused on issues like medical marijuana and alcohol this week, there have been many other issues and bills discussed by the legislature. Thank you for your interest in our legislative process.

Passing a balanced budget is the most important responsibility we have as legislators. If we accomplish nothing else, we will at least pass a balanced budget. The base budget for FY 2018 is about $15.2 billion, which is around $100 million more than the FY 2017 budget. Typically, the largest chunk of our budget (around 30%) goes to public education followed closely by social services.  You can learn more about our budget here.

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I wanted to discuss some of the bills that have been heard this week.  The first bill is one that I am sponsoring: SB 114 Election Law Amendments

The 2014 election reforms known as SB 54 added a second path to the primary ballot through signature gathering. However, these reforms introduced the new issue of plurality in the primary process. “Plurality” occurs when no candidates receive a majority of the vote. SB114 address this issue by bumping the filing period up in the year and instituting a runoff election in the instance of a plurality vote. The bill already has significant support among Senators and is on the agenda for committee discussion on Monday.

Here are some of the bills I am interested in following:

SCR 04 Concurrent Resolution Honoring Colonel Gail Seymour Halvorsen

Sponsored by Senator Henderson

Senator Deidre Henderson is working on a bill to express appreciation for a local hero. Her resolution—SCR4–honors Gail Halvorsen, also known as the Candy Bomber, who brightened the lives of the children of post-WWII Berlin by dropping parachutes containing candy and gum from his C-54.  Joined by James Stewart of the Civilian Air Patrol (Retired Colonel), she presented her resolution before the Government Operation Committee this week. You can listen to them recount the touching story of the Candy Bomber’s life of service here. You can watch a video on Colonel Halvorsen here. This bill passed unanimously out of committee.

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Conclusion

Again thank you for your engaged citizenship. Connect with the Utah Senate for updates wherever you live on social media by visiting www.senatecloud.com. We’re on Facebook, Twitter, LinkedIn, Instagram, Pinterest, and all sorts of other sites. Feel free to visit our new website for updates, articles, and information: www.senatesite.com. You can listen to committee hearings and floor discussions at le.utah.gov.

You can connect with me on Facebook at https://www.facebook.com/curtbrambleutah, my email is: cbramble@le.utah.govIf you’d like to meet with me, you can reach out to my intern, Stephen Lockhart at 801-361-5802.

It is an honor to serve you.

Curt

Interim Day at the Legislature

By Legislation, Legislative Update No Comments

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Our legislature is part-time and the bulk of our efforts is in session during the last week of January to the middle of March. There are interim days every few months where we meet and are updated and in some cases, if the Governor calls a special session, we take legislative action.

Here is the report from our interim day.

Approval of Appointments

Part of the Senate’s Constitutional responsibilities are to approve appointments by the Governor (Article VII Section 10) to different boards, commissions, and judicial bodies. This past interim, we confirmed two judges to the Appeals Court, the judicial body directly below the Supreme Court, and 1 judge to the 3rd District Court (Read more here). We also confirmed appointees for three commissions. You can view the complete list here: http://senatesite.com/utahsenate/june-senate-confirmations/ 

Competency Based Education

The Education Committee continued its discussion of competency based education. Competency based education is an approach to education that allows students to master an educational component before moving on to more advanced material. The curriculum and schedule are built to accommodate the student’s pace of learning. Senator Millner proposed forming a working group to identify barriers to competency based education and to find Which body is most appropriate to deal with the barriers. For instance, if it’s a problem of funding, the Legislature would be the best body to address the barrier.

To hear the audio, click here.

Minimum Vehicle Insurance Premium Limits

The Business and Labor Committee took a look at vehicle minimum coverage limits, and trends in premium costs. Like Health Insurance premiums, vehicle insurance premiums have increased substantially in the past decade. During this time, Health care costs have increased but vehicle coverage limits have not necessarily kept pace with the surge in health care related expenses. When the health care costs of an accident exceed the coverage of the premium, the hospitals will bill the individual for the excess costs.

Currently, the state’s minimum coverage is $25,000 per person and $65,000 per accident but we haven’t changed the minimum limits in a long time. Nationwide, Utah appears to have some of the highest coverage limits. Only two states have higher per occurrence limits, Alaska and Maine. This may be an issue that receives more attention in the coming months.

Catch the audio here.

The Education Committee takes a hard look at the Teacher Shortage

The state is facing a teacher shortage. In the past five years, enrollments in teacher preparation programs have decreased, graduates from teacher programs have decreased, and the existing workforce–whose average age is 42–is aging. Over 48% of school districts in a survey of 31 districts reported not having a certified teacher for every class, and nearly all (90%) acknowledged that the pool of applicants is shrinking.  At the same time, the state is also experiencing difficulty retaining new teachers. In the class of 2011, 40% of the teachers that started in the profession are no longer teaching this year. A significant number of teachers in this state will leave the profession within their first year. Our student population, meanwhile, has increased and will continue to increase as the population of the state grows, which may further compound the teacher shortage.

What is causing this? There are numerous causes. Surveys and research suggest that a lack of professional development and support, low pay, working conditions, and attitudes towards teachers are among the leading factors. The unique demographics of our state may also play a role. For instance, many of our teachers will eave the profession to focus on their families.

The state has made efforts in recent years to bolster support for teacher development. In this past session, Senator Millner sponsored SB51 which established the position of “teacher leaders” to serve as mentors that can provide guidance to newer teachers. The Education Committee will consider other options as the year progresses.

To see the reports and listen to the committee discussion, click here.

How bad is Utah’s Doctor Shortage? 

The Utah Medical Education Council presented the results of their recent research into the accessibility of health care to the Health and Human Services Committee. Across the state, there is a growing demand and shrinking supply of primary care physicians. In comparison with other states, we have one of the lowest primary care physicians to population ratios in the nation.  In fact, only Mississippi has a lower per-capita rate. Average wait times have increased new patient from 12.6 days in 2010 to 15.3 average days in 2016. Similarly, according to the Utah Department of Health, every county in the state of Utah is an underserved area for primary medical care, primary mental healthcare, and dentistry. These shortages may be especially pronounced in rural communities.

One of the key factors contributing to the shortage of primary care workers is the fact that primary care physicians do not make as much as specialists, a compelling consideration for doctors given the increasing costs of medical training. Research shows that doctors are most likely to practice in the area where they complete their residency. Consequently, increasing the number of admitted students to a medical program does not necessarily lead to more doctors in the state.

Loan repayment programs may be one of the solutions. We do have federal programs and some state programs medical graduates can utilize. For example, at the state level, we have a Healthcare Workforce Financial Assistance program that provides loan repayment and scholarship options for healthcare professionals. Learn more about this program here. 

To listen to the full committee meeting, click here.

Solid Waste Environmental Issues

This past session the Legislature passed HB 258, Solid Waste Amendments, but the governor vetoed the bill after the EPA noted that it would render the state’s program less stringent than federal standards. The Administrative Rules Review Committee, discussed the definition of solid waste as specified in HB 258 versus and the EPAs letters about the issue. There will need to be some negotiating on both sides to get the language right before the bill can be considered again.Listen to the meeting here to learn more about Solid Waste Amendments.

Economic Development Incentives

The Economic Development and Workforce Services Interim Committee discussed state economic development incentives. Ryan Hunter, with the Office of Legislative Research and General Counsel, presented numbers from a 2012 New York Times study.  This study placed Utah in the lowest quarter of the nation in terms of dollars spent. Only Nevada was lower than Utah among western states. An important point discussed by the committee was the total dollars spent compared to the economic benefits to the state. In other words, are the dollars spent bringing in jobs and other economic benefits? Nationwide, the benefit of such incentives has been studied to determine economic value. Do incentives bring in new businesses and does it increase employment?

The opinions are mixed. One study indicated that available transportation and low labor costs had as much effect on new businesses as incentives. More than one study found that economic development incentives were successful around ten percent of the time. The conclusion is that incentives may work if targeted effectively but that incentives for entrepreneurial strategies focused on new technology and new business may be as effective as luring existing businesses to relocate or expand to Utah communities.

To listen to the committee meeting, click here.  

Recent Changes to Unmanned Aerial Vehicles Regulations

Kim Gibb with the Department of Public Safety reported to the Government Operations Interim Committee on the state’s use of Unmanned Aerial Vehicles (UAV), or drones. The Department of Public Safety owns 2 UAVs that are used by the Utah Highway Patrol, and the Department of Emergency Management. Last year, the department was informed by the FAA that the UAVs can’t legally  be operated without an FAA Certificate of Authorization unless they are operated under hobbyist guidelines, which limit the UAVs to flights below 400 feet. Applications for a Certificate of Authorization are currently being processed.

In compliance with Utah Code 63G-18-105, Ms. Gibb gave a report of all Department of Public Safety UAV flight operations from the previous calendar year.  The department deployed UAVs four times including two flights for media requests and two for Search and Rescue operations. So far, the Department of Public Safety is the only law enforcement agency that has complied with this reporting requirement. Representative Perry questioned the need for such reports, pointing out that using a UAV for criminal investigations requires a warrant, so a record of those activities already exists. He said that it seems pointless to require statewide reporting and that this section of the law may need to be repealed.

The listen to the committee meeting, click here.

Crime Victim Reparation and Assistance Board Renewal

The Crime Victim Reparation and Assistance Board will pay close to $8 million in reparations to crime victims this year. This money does not come from taxes, but rather a surcharge for misdemeanors and felonies. The money is used to cover crime related expenses that would otherwise come out of the victim’s pocket. This board is currently up for a sunset review as it is set to expire next July unless legislative action is taken to continue the program. The purpose of the sunset review is to eliminate any needless programs and to improve existing programs.

To learn more about this board and hear suggestions on how it can improve, listen to the meeting here.

Death Penalty

The Law Enforcement and Criminal Justice Interim Committee discussed the costs associated with capital punishment and how it compares to the cost of Life Without Parole Inmates in Utah. Gary Syphus, with the Legislative Fiscal Analyst’s Office, presented an estimate of costs associated with capital punishment that are above and beyond the costs of Life Without Parole Inmates. The estimated cost associated with death row inmates was approximately $1.66m. Senator Weiler asked if most of those costs were legal services provided by government and whether or not those cost would go away if the death penalty did. In other words, would the Attorney General’s office layoff attorneys if the death penalty were repealed in Utah? Mr. Syphus said that it was difficult to make that determination. Assistant Attorney General Andrew Peterson, told the committee that he and a few other attorneys handle appeals for the state but that none of them were devoted solely to death penalty cases. Later in the meeting, Senator Weiler pointed out that the estimated average annual cost of housing a prisoner is $27,000, but that other states have estimated the cost of housing geriatric prisoners at closer to $55,000 annually. In summarizing his point, he mentioned that those lobbying legislators this last session used cost as a reason to repeal the death penalty. He stated that there is not a clear cost savings for repealing the death penalty.

To listen to the committee meeting, click here.

Congressman Rob Bishop Discusses Bears Ears

Utah Congressman Rob Bishop has worked for roughly three years on a Public Lands Initiative and according to a representative from his office, the bill should finally be available for review at the end of the summer. Many of our state legislators on the Natural Resources, Agriculture, and Environment Committee, inquired as to whether all groups in Utah were invited to come to the table during discussions while creating this initiative and if there is opposition within the state to his bill. According to Bishop’s staff, nearly all Native American groups that reside in Utah are in favor of the Public Lands Initiative and have been invited to participate in the discussions.

To learn more about the Public Lands Initiative, listen to the committee meeting here.

Limited Purpose Local Government Entities

The Political Subdivisions Interim Committee discussed the purpose of limited purpose local government entities. These entities are authorized by state law to provide a limited number of designated functions with sufficient autonomy to qualify as separate governments. Entities that fall under the committee’s jurisdiction include: Local Districts, Special Service Districts, Assessment Areas, Community Reinvestment Agencies, Interlocal Entities, Conservation Districts, and Local Building Authorities. These entities are able to supplement services provided by many general purpose governments, but can be challenged by issues with accountability, transparency, and fragmented service provision.

To learn more about limited purpose local government entities, click here to listen to the committee meeting.

Public Utilities, Energy, and Technology

Utah’s Universal Service Fund was established by the legislature in 1997 as a way of providing phone service to those who live in high cost areas for phone operation. The fund is supplied by surcharges on land and wireless intra-state phone usage. Traditionally, the incoming funds have always largely exceeded the expenses incurred with providing the service, until this year. Starting at the beginning of this year the incoming funds have dropped while simultaneously operating expenses have increased. The legislature will evaluate why the service focuses on landlines when cell phones are cheaper and if changes to statute are necessary.

Catch more on the Universal Service Fund dilemma here.

Legislative management Committee Reviews Homeless Shelter Programs

This past session, HB 436, Housing and Homeless Reform Initiative, established a Homeless Coordinating Committee that is tasked with reporting to the Legislative Management Committee on the use of the funds and developments. They reported that the Midvale shelter, previously only open in the winter, will be open year round for the next four years, as two new shelters are built in Salt Lake City. The two new sites in Salt Lake City have not yet been selected. There will be opportunities for public comment before the locations are finalized.

To hear more about the progress of our homeless shelters,listen to the meeting here.

Point of the Mountain Development Moves Forward

With the State Prison set to move out of Draper, a commission has been organized to study how to develop the land after the prison has relocated. The commission had three panelists report that this site is truly one of a kind in the United States with access to infrastructure, a large employment base, and a large plot of land. At the end of its studies, the commission is to report their findings back to the legislature as a whole. The meetings will be public and many will allow for public comment.

You can listen to the first meeting here.

Indigent Defense Commission is Established

The Senate Judiciary Confirmation Committee met on June 10th and June 17th to consider the Governor’s nominations to the Indigent Defense Commission. The purpose of the commission is to assist the state in meeting the state’s obligations for the provision of indigent criminal defense services, consistent with both the US and Utah Constitutions. Each of the governor’s appointees were briefly interviewed by the committee. Unanimous motions were passed to recommend for confirmation the following individuals by the Senate: Justice Michael D. Zimmerman, Ms. Mary  Corporon, attorney, Ms. Nicole Cottle, General Counsel, West Valley City, Mr. Patrick Anderson, Director, Salt Lake Legal Defender Association, Mr. Ryan Loose, City Attorney, South Jordan, Mr. David Wilson, Chief Civil Deputy Attorney, Civil Division, Weber County, Senator Todd Weiler, attorney and Utah State Senator, Mr. Walter F. Bugden, Jr., attorney, Mr. Samuel Alba, former federal judge and attorney, and Ms. Claudia Jarrett, Sanpete County Commissioner.

To listen to the committee meetings, click here and here.

Budget Projections

The monthly revenue update indicated that for June our tax revenue  range might be $100 million below to $85 million above the revenue projections for the General and Education funds. This is a range rather than a set number because tax collections for the month are not completed.  It is anticipated to be most closely to $15 million below target projections. This does not mean we have a budget shortage; it is merely based off of projections for anticipated revenue.

To date, this fiscal year we have collected about $2 billion to the General Fund. While we have collected less than anticipated, we have still collected more than we did at this same time last year. Our economy is still growing steadily, just a little slower than projected. Knowing the accuracies of our projections is essential in helping us as a Legislature know how to appropriate funds every year.

To learn more about our monthly revenue update, catch the committee meeting here.

Legislators Tour Liquor Stores

A group of legislators had the opportunity to tour a liquor store and learn about their day-to-day functions and struggles. One notable issue, highlighted by a study conducted by the University of Utah, is the need for more liquor stores. This can be an alarming idea to many Utahns, but more stores do not necessarily entail an increase in sales and consumption. It is important to remember that the State is not in the business of promoting the sale or consumption of alcohol, but we are responsible for providing an efficient distribution business. Liquor stores are subject to local approval and can therefore not be forced upon an unwilling community.

To read more about my visit to the wine store, there is an article in Salt Lake Tribune and KSL.  

State Fair Park

The State Fair Park is proposing to build a new multi-use, state-of-the-art stadium that would include 10,000 seats and would be available for events year round. The facility could host the rodeo, the Days of 47 Rodeo, the World Series of barrel racing, professional bull riding competitions, team roping events, concerts, community and cultural events, and sporting events. The estimated cost of this facility is $17 million. The board is asking for the State to appropriate funds for this project. They are also seeking out other private donors and have thus far received a $3 million commitment from the LDS church and commitments from Salt Lake City and count.

To learn more about the proposed facility, listen to the committee meeting here.


If there are any concerns or insights you would like to offer as we move forward on these policy issues, I’d love to hear from you. Please call, text, or send an email.

The Last Week

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Joint resolution for a Balanced Budget

Utah is now the 26th state to pass a resolution supporting the idea of adding an amendment to the U.S. Constitution that would require a balanced budget. There’s been a lot of talk about federal debt and federal spending. In the Consitution, there are many checks and balances and Article V provides a mechanism for the states to request an action reasserting the sovereign right of the states. This resolution states that if 2/3 of several states under the provisions of Article V calls for a Convention of the States. It specifies that Congress lives within their means. Here is the resolution – HJR 007.

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We’re entering the home stretch for the 2015 session. As of noon last Friday there were 133 Senate bills in the House committees and 192 House bills in Senate committees. In all the House had introduced 467 total bills and the Senate has introduced 301 into the process.

So far, 99 House bills and 73 Senate bills have been passed and are in possession of the Governor.

Medicaid Expansion

The other event that drew a lot of attention on Wednesday was the hearing in the House Business and Labor committee regarding Medicaid expansion. The Committee had a long debate on both the House version and the Senate version of how to implement healthcare coverage. Some members of the committee said that the reason they could not vote for the Senate’s plan was because the majority of their constituents did not agree with it. Other members of the committee said they thought that although the Healthy Utah plan was untenable because it was only a pilot program. The House passed HB 446, which has been dubbed “Utah Cares.” This bill will come to Senate floor for us to discuss next week. “Healthy Utah” is SB164, and was passed in the Senate. Here is a link to the recording of the committee meeting where the debates on both bills took place.

Transportation Planning

Transportation needs and the question of how to fund it continue to be at the forefront of discussions. Transportation is more than just getting from here to there, it is about getting from here to there safely and efficiently. We cannot safely ignore the maintenance of our roads and at this point it appears that we are facing an $11 billion deficit by 2040. No one wants a tax increase but in this case there may be no choice. We have several scenarios on the table that we are considering as to what is the best way to manage the problem and plan for the future. One would add a 6 cents per gallon that would increase incrementally until it reaches a dime. Another would calculate the average wholesale price of fuel from the previous year and multiple that by the percentage-based tax set by the legislature, which then converts that to the cents-per-gallon for collection purpose. The Deseret News published an article identifying the need for an infrastructure plan.

UDOT is currently seeking input on the 2040 Long Range plan. Please take a moment to review their proposal and provide comment.

Working to keep you informed

Thank you for your interest and for the emails you send. I would appreciate you taking a few moments to fill out this year’s Legislative Survey. Just click the link above.

Sincerely,

Curt_signature_red

Coming into the Final Week

By Legislation, Legislative Update No Comments

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Please Join Us on Saturday Morning
I hope you will join us for an informative Legislative Update. If you have questions about bills, issues, policy, come join us.

Saturday, March 7th, 9 am – 10am
Utah Valley Regional Medical Center
Northwest Plaza – Clark Auditorium
Corner of 500 West and Bulldog Blvd., Provo, Utah

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We’re entering the home stretch for the 2015 session. As of noon last Friday there were 133 Senate bills in the House committees and 192 House bills in Senate committees. In all the House had introduced 467 total bills and the Senate has introduced 301 into the process.

So far, 99 House bills and 73 Senate bills have been passed and are in possession of the Governor.

Important Issues

Our revenue numbers are favorable. Overall, the state’s committed budget is just over $14 billion. We have a revenue surplus of $739 million. Of that, $389 million is ongoing money meaning it is derived from sales taxes. While we don’t know the exact dollar amount each year, we know that there will be some money from this source, which is why it is called “ongoing.” The remaining $350 million is “one-time” money, which means it is a sort of unplanned bonus. This money is surplus tax revenue from last year. So it is money in excess of what we predicted would come in from tax revenue. You can listen to the meeting where the budget numbers were released and see the corresponding documnets.

Bringing those numbers down to our level of everyday living level is sort of like saying that if your household income is $140,000 per year and you just got an extra $3,500. Now the question is what to do with it? Do you spend it? Save it? Pay off a debt? Those are the decisions to be made this coming week.

We have a constitutional requirement to balance our budget. We have a strong history of economic prudence. That foundation will guide us in our final decisions.

Prison Relocation. There is a lot in the news about the recommendations from the Prison Relocation Commission. If you would like to view the reports you can find more information here.

Education. There has been some concern about excessive testing requirements in the schools. Last year legislation was passed reiterating that although schools were required to administer the national assessment tests, students were not required to take them. Nor could schools or teachers be negatively affected if parents exercised their option to opt their children out of those tests. However, the language of last year’s bill proved to be a little bit ambiguous causing different school districts to interpret the statute in different ways and the results were confusing to parents. To remedy that, SB 204 further explains parent’s rights in the directing their child’s education and clarifies how the opt-out option to testing works.

Medicaid Expansion. The decision on what will actually happen regarding health-care expansion is by no means over, the House has their own opinions as to what the best solution would be but ultimately, the House, the Senate and the Governor have to agree on a final solution, so the negotiations and the ideas will continue to work through the process. It has been a frustrating and long process to try and solve this problem and perhaps the fact most infuriating of all–is that in spite of all the time and worry that so many people have put into coming up with what would be the best possible solution for a problem we did not create–there is another case pending before the Supreme Court next month that could throw everything into yet another tail spin. The case is called King v. Burwell and it challenges whether or not it was legal for subsidies to be given to individuals who bought their coverage through the federal government’s HealthCare.gov exchange or if everyone is actually required to purchase their coverage through the state exchanges. Here is a news article from Washington D.C. that discusses the issue with Governor Herbert:
And here is a link to all the amici briefs that have been filed thus far for the case. This continues to be a frustrating issue that can only be blamed on federal intrusion.

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Working to keep you informed

Thank you for your interest and for the emails you send. I would appreciate you taking a few moments to fill out this year’s Legislative Survey. Just click the link above.

Sincerely,

Curt_signature_red

Working on the Budget

By Legislation, Legislative Update, State Budget No Comments

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There are many very important issues that we will address in the coming weeks. But top among those issues is the budget. In Utah, we are known for exercising fiscal caution. We are required by our state Constitution to pass a balanced budget, something that many other states and obviously our federal government does not do. One thing that we do during the legislative session is spend a lot of time deliberating expenditures and procurement. We do this in the appropriations committees. Another key element to our budgeting is the requirement of fiscal notes. Every bill is essentially given a “price tag” letting us (and you) know just how much it would cost the state (and therefore all of us as we pay taxes) to implement the bill if it were to become law.

The Legislature’s website has several useful tools to track spending through committees and help you to understand the issues we work to deal with as we match needs in our state to available funding.

I serve on the three of the nine appropriations committees and have included a link to our budget page for each one. You can view the purpose and requests, as well as the trend in funding each of these areas.

Business, Economic Development, and Labor Appropriations Subcommittee

Executive Offices and Criminal Justice Appropriations Subcommittee

Retirement and Independent Entities Appropriations Subcommittee

On the Senate Blog, Senator Hillyard’s provides an explanation of the budgeting process that may be helpful.

Issues we are discussing this Session

Education Funding. There’s always a request for more funding. However according to this poll, most do not believe that raising taxes is the answer. Please take my survey and share your thoughts about education funding with me.

School Board Election. We are discussing restructuring the way our school boards are elected. Last year, a judge rulled that our current method – the Governor selecting two names from each district’s list for the ballot — was unconstitutional. There are discussions about whether it should be partision, non-partision, appointed by the Governor and confirmed by the the Senate. I’d like to hear your thoughts. Please include them on the survey.

Medicaid Expansion. A Task Force has been sifting through multiple Maidicaid Expansion options. There are two plans endorsed by the committee to expand the coverage definition of “medically frail.” The Task Force committee did not advocate the Governor’s Healthy Utah plan as a practical solution.

The Committee found Healthy Utah to be untenable for a number of reasons, but the most alarming is the unpredictability of our future funding needs. Other states have staggered under covering the cost of the more than double the predicted enrollment of those who are in “the gap.” Further, even if our assumed enrollment numbers are correct, in a mere four years, the cost to cover those able-bodied individuals within that “gap” could easily exceed $80 million. In six years the cost would be close to $100 million.

For those reasons, the Task Force did not feel they could recommend such an open-ended payment stream with no dedicated funding source.

Here is a link to the recording of the Task Force meeting where the recommendations were given.

Gas Tax Revenue. Revenue from gas tax is dedicated to construction and road maintenance. Currently, gas tax is assessed on a per/gallon purchase basis. But as consumption decreases, it erodes the revenue stream and when that is coupled with inflation, the real purchasing power of the gas tax revenue is decreased even further. Right now gas tax revenue has lost close to half of its purchasing power since the tax was last increased in 1997, but during those same years, the construction costs for road building and maintenance has increased nearly 300%. The Legislature’s Interim Transportation Committee held a special meeting in Vernal last month to consider how to cover what could be an $11 billion shortfall for priority projects needed by the state to keep up with growth and maintenance in the next 25 years.

The committee has been working on this problem for well over a year. We will look at the different funding/taxing options as the session progresses. I would appreciate your thoughts. Please take the survey.

Working to keep you informed

Thank you for your interest and for the emails you send. I would appreciate you taking a few moments to fill out this year’s Legislative Survey. Just click the link above.

Sincerely,

Curt_signature_red

Bills I’m sponsoring

By Governance, Legislation, Transparency No Comments

I wanted to introduce you to some of the bills and issues, I’m working on including an additional measure to increase accessibility for the public to public records through enhanced GRAMA efforts.

Last year, I worked and passed a bill that enhanced government transparency and access to records. I’m working to take transparency even further by increasing access and reducing the cost of the access through an innovative approach to records management. Please watch the video to learn more about this important effort.

Here’s a link to my sponsored legislation.

There is a link next to the name of the bill that will take you to the tracking page of that bill. You can read the text, look at any amendments, and even click on a link to hear the audio for the Committee and Floor Debates.

There’s also a useful feature that allows you to track bills with a notice to your email of any revisions. We are trying to make it easier for citizens to be more involved in the workings of government.

A few highlights

SB54-Licensing of Nursing Care Facility Beds – This bill amends the licensing of non-Medicaid nursing care facility beds for a facility with 100 or more beds and provides continuity of care provisions for patients who have exhausted Medicare benefits.

SCR004-Standing with Israel – This concurrent resolution of the Legislature and the Governor recognizes Israel’s legal, historical, moral, and God-given right of self-governance and self-defense.

SB67 – Consumer Protection Revisions – This bill prohibits sellers from imposing a surcharge on a transaction paid for with a financial transaction card.
SB106 – Unemployment Tax Amendment -This bill modifies the Employment Security Act by amending the unemployment
10 insurance contribution rate for employers.

SB161-Restitution Amendments – This bill amends the Individual Income Tax Act, the Utah Code of Criminal Procedure, and provisions related to the Division of Finance to assist in, and increase, the collection of restitution for crime victims

SB168 – Certified Public Accountant Licensing Amendments – This bill modifies the Certified Public Accountant Licensing Act and sets educational requirements and board approval for taking qualifying exams.

This link also shows you bills that are currently in process.

Working toward more transparency

If you haven’t done so, please take a moment and take my survey. Just click on the button to the right and it will take you to my website. It helps me to have your opinions as I’m trying to create the best policy decisions.

Later this week, I’ll be sending reports of the first weeks at the Legislature. Until then…

Obamacare Impacts on Utah

By Federal Money, Governance, Legislation No Comments

How Utah will handle the new healthcare requirements is another upcoming issue that will affect state funds and policy on several levels.

The federal government has promised the States information about how the Affordable Care Act Exchange (Obamacare) will operate and how it will be funded. But we have not been given that information yet. Even without that important decision-making information, States have been given deadlines to make a choice. They can create their own exchanges, where they are allowed to manage a very small portion of the program or they can simply participate in the insurance exchange created by the federal government.

Regardless of which option a state chooses, federal approval must be obtained and by January 2015, each state must bear all operating expenses.

If it were possible, preserving state control and running our own independent insurance program would be a top priority, but that is no longer an option.

It does not seem prudent for Utah to allocate our precious state tax dollars to help create a massive federal program that does not reflect Utah’s health reform initiatives. The funding and resources needed to develop this federal program should not be borne by Utah’s citizens.

I will keep an open mind as we receive more information and the discussion continues, but at this point it seems the most practical and economical solution is to let the federal government be in charge of funding the creation and implementation of their own program.

Senator Curt Bramble - District 16 Utah

November Report from the State Senate

By Legislation No Comments

We met this month for our final interim committee meetings before the 2013 session begins in January.

The Administrative Rules Review Committee heard a discussion on necessary changes for food handlers permits and the need to more specifically define the terms “abuse” and “neglect” in the state’s rules and statutes.

Business and Labor approved draft legislation dealing with the licensure requirements of someone who braids hair professionally. This has been an issue in several states for the last few years. They also discussed draft legislation that will deal with creating master licenses for restaurants that would like to serve alcohol.

The Government Operations Committee approved seven pieces of draft legislation as committee bills, five of which dealt with elections or campaigns.

The Health and Human Services Committee listened to a very interesting report on the relationship between physical activity and the academic performance of children in school and how it relates to the obesity epidemic. You might enjoy listening to it as well. Here is the link.

The Law Enforcement and Criminal Justice Committee held an extensive discussion on capital punishment in Utah. The legislators heard a report from the Office of the Legislative Fiscal Analyst comparing the costs of imposing the death penalty compared to life in prison. Here is a link to that discussion.

The Retirement and Independent Entities Committee dealt with several issues regarding coverage and benefits of public employees for the state.

Revenue and Taxation approved a committee bill called “Cigarette and Tobacco Tax and Licensing Amendments” that will address the licensing of cigarette and tobacco products to be discussed and debated during the upcoming session.

The Transportation Committee approved four committee bills, one of which will create a special license plate that will say, “In God We Trust.” This idea was brought to the legislature by a young man who noticed that 12 other states have a license plate option that says “In God We Trust” and he wondered why Utah did not. This is a great example of how anyone can bring up an issue to be addressed by the legislature. Here is a link to the testimony that was given to the committee.

In order for the license plate to become an option, 500 people need to commit to purchasing the special license plate and then the legislature as a whole must approve it. So far about 100 people have said that they would purchase the plate.
[frame src=”https://curtbramble.org/wp-content/uploads/2012/12/licenseplate.png” width=”225″ height=”115″ lightbox=”on” ]

So far, the interim committees have approved just over 70 bills for the legislative session. If a committee approves a bill during interim, it will generally go straight to the floor, skipping the committee process during the legislative session. The vetting process that the “pre-approved” bills is the same as those that go through the committees during the regular session, but having those bills ready to go the first few days of session helps us get a running start to a hectic 45 days.

Interim Committee Summaries

By Economy, Education, Fiscal Responsibility, Governance, Legislation, Legislative Update, Revenue, State Budget No Comments
August:

The Executive Development and Workforce Services Committee heard a report from Kristen Cox, the executive director of the Department of Workforce Services on SB 37, “Intergenerational Poverty Provisions” passed by Senator Reid in the 2012 session. Ms. Cox reported on the department’s plans to create a tracking system that will identify trends and assist case workers as they pinpoint children who are at risk of being trapped in intergenerational poverty. The new research they are collecting will set a benchmark so that we can see what the best strategies would be to help break this cycle. The final results of their study will be made public in October.

The Health and Human Services Committee heard testimony on the parental rights of biological fathers in the adoption process and a report from the Utah Department of Health on efforts that are being made to promote wellness strategies among Medicaid enrollees. According to the Center for Disease Control and Prevention, the biggest expenditures in health care (at least 75%) goes to treating heart disease, diabetes, arthritis and cancer–all of which are generally preventable. They estimate that more than $16 billion could be saved annually by preventing or delaying the onset of these chronic diseases. In Utah we are establishing several programs to help encourage better health practices such as a smoking sensation program, a chronic disease self-management program and preventative dental care program. These sorts of programs teach healthier behaviors and accountability to people, reducing many of the problems that cost so much in healthcare.

The Law Enforcement and Criminal Justice Interim Committee identified capital punishment as the highest priority for the committee to study this year. In June’s discussion of the issue the committee was presented with a comparison of Utah’s capital punishment execution rate, number of death row prisoners and expenses, with those of other states. This month the discussion continued, with testimony that focused on the fiscal costs (not the pros and cons) of capital punishment versus life in prison without the possibility of parole; the capital offense punishment process and the appeal process. It was a very interesting discussion. You can listen to it here if you would like.

The Natural Resources, Agriculture, and Environment Committee had a report on the Children’s Land Alliance from director, Margaret Bird. This is a multi-state non-profit corporation that helps to manage the school trust lands in Utah and lands in other states, some of whom do not have trust lands. School trust lands are an important part of our discretionary school funding and must be managed carefully.

They also heard a report from the Division of Wildlife Resources on how tags and licenses for big game hunting are administered and what sort of opportunities the state has for promoting those hunts. This year thousands of acres of prime game habitat was burned. The reseeding program will help recover the damaged rangeland, but in the meantime there will be many displaced animals, which will likely affect the hunting season.

Tax funding for roads is always a major subject of discussion. The Revenue and Taxation Committee took public comment on that issue this week. Some of the concerns that were brought up were the problems that local municipalities are having with road bonding for maintenance purposes and the decreased funding from gas tax revenue. The committee voted to hold a daylong summit to discuss possible ways to address these problems and help fund transportation in Utah.

Along the same lines, the Transportation Committee heard an update from UDOT’s Linda Hull on the federal highway program. They also discussed the need for increased transportation options in the Uintah Basin area.
Here is a link to the meeting.

September

One of the items the Law Enforcement and Criminal Justice Committee discussed was seat belt compliance law. In Utah, 70% of all crash related fatalities occur in high-speed crashes. However, people involved in those high-speed crashes are 13 times more likely to survive if they are using seat belts. Please be careful as you drive and always wear your seatbelt.

A presentation on water rights issues took place in the Natural Resources, Agriculture and Environment Committee. Michael Styler, the Department of Natural Resources Executive Director presented 12 proposals for legislation that would clarify the use of water rights in the state.

Both the Political Subdivisions and the Revenue and Taxation Committee heard reports on the recent UTOPIA audit. Eleven Utah cities formed a consortium, pledging about $500 million over the next 32 years to back the necessary bonds to finance the Utah Telecommunication Open Infrastructure Agency (UTOPIA), an organization that would build a high-speed fiber-optic network. However, the network has yet to make a profit. The legislature requested that an audit be done to see what the ramifications will be to the cities in the consortium and the results are not good. According to the audit, UTOPIA is failing because of poor management and wasteful spending. So the cities (actually the taxpayers) are left on the hook to pay for a failing company. Sadly there is very little that the state can do to remedy this situation for the cities. Here are some thoughts that Senator Valentine had on the problem.

The Business and Labor Committee heard a follow-up from last month’s discussion on Alarm System Security Licensing. The language in the current law needs to be clarified because right now, people who work for alarm system companies such as janitors or human resource agents are required to hold a license. The Alarm System Security Licensing Board has indicated that this is unnecessary and so the language needs to be clarified. They also heard recommendations for procedural changes from the Uniform Building Code Commission and the Utah State Fire Prevention Board.

A report on the state’s Tourism Development plan was given to the Economic Development and Workforce Services Committee. The good news is that tourism related taxes are continuing to rise. This is due in part to the hard work of our tourism development team that has placed representatives in several European nations and makes a considerable effort to promote the wonders of our state around the world.

Last month that committee had a discussion on intergenerational poverty. S.B. 37, passed last session by Senator Reid, provided for a study on the intergenerational poverty in our state. The results of the study will be presented at a conference on October 9th. You can find details about the conference on this pdf.

The Education Committee was long this month. There was a discussion on the Replacement of the State Superintendent, a report on teacher quality and employment reform, discussion on the possibility of funding a state preschool and a report on the UPSTART program. (UPSTART is a computer pre-school readiness program that can be done at home.) If the state decides to implement a pre-school program it would be contingent on such requirements a small class sizes, trained teachers and use of a research-based curriculum. Senator Osmond is proposing the legislation. There was also a report given to the committee about what will happen as a result of federal sequestration to our education budgets. As part of the Budget Control Act of 2011, Congress was required to reduce the deficit by at least $1.2 trillion by January 15, 2012. Because they failed to do so, automatic across-the-board spending reductions will be instated in the FY2013 federal budget. The mandatory reduction rate will be either 8.2% or 7.6% depending what is being funded. If you would like to hear any of these discussions you can listen from this link.

A very interesting report was given to the Public Utilities and Technology committee on Utah’s coal industry. Last year 20 million tons of coal was extracted from Utah mines. There are nearly 5000 jobs in our state that are directly or indirectly related to our coal industry. This puts $600 million into our local economy. Some of Utah’s highest paying jobs are directly related to coal mining. This is a great boon to many of Utah’s rural areas. Additionally, because coal based electricity is so inexpensive here, it is a great incentive to entice business to build here.

The Transportation Committee heard reports on the results of a pilot program that increased the speed limit to 80 mph. in certain sections of the state. The results were good, showing enough of a decrease in accidents that the Department of Transportation is considering the change for other parts of the state as well. The Department also reported that it is looking into increasing the number of carpool lanes in the state as well.

The Senate also met quickly on the floor to confirm gubernatorial appointees. Here are the names of the appointees.