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Dear Friends and Neighbors,
Week 2 of the 2017 Legislative Session is in the books! A total of 11 bills have passed through the entire legislature but committee agendas and reading calendars are filling up with bills in a hurry. We typically spend more time at the beginning of the session in working on appropriations and the state budget.
We had some exciting events happen on the floor this week. We witnessed the proposal of Senator Henderson’s intern (she said yes). Senator Anderegg read an emotional citation honoring the Search and Rescue Dog Handlers that participated in the effort to find his missing niece – Annie Schmidt and bring closure to his family. ( https://goo.gl/5JL0ed )
Senator Henderson sponsored a resolution honoring a true American hero and Utahn, Gail Halvorsen. The resolution read in part:
“during the Berlin Airlift from 1948 to 1949, Halvorsen, moved by the gratitude and resilience of the children living in that devastated city, dropped tiny handkerchief-sized parachutes filled with candy from his C-54 for the children of Berlin to chase down and collect — an act for which he was affectionately nicknamed the “candy bomber,” and, though he was nearly court-martialed for doing so, Halvorsen continued to make his candy drops for several months;”
“… almost 70 years later, Halvorsen’s service to the children of Berlin stands as one of the foremost examples of kindness and human compassion, bringing relief to a war-torn country and joy to children in need of a little bit of hope”
Sales Tax Collection
I wanted to take a moment to update you on one of my bills. 1SB 110 Sales Tax Collection Amendments
Sales tax applies to all Utahns no matter where they make their purchases, online or in store, but currently only brick-and-mortar stores facilitate the collection of the sales tax. States across the US are running into issues with collecting sales tax from online purchases, because only companies with a physical presence in a state can be constrained to collect and remit the owed sales tax. This creates an unfair advantage to online retailers.
This bill establishes under what circumstances retailers not physically based in Utah would be required to collect and remit sales tax by establishing an economic nexus. Previous legislation has tried to tie economic nexus to number of transactions from a state, this bill chooses to shy away from transactions and instead focusing on earnings from the sales. In the event that a retailer earns over $100,000 of sales in Utah, they are required to begin collecting sales tax because their economic imprint is substantial in Utah. For an affiliate, the threshold is $10,000 of sales in Utah before they are required to collect sales tax. This bill passed out of the Senate Revenue and Taxation Committee with a favorable recommendation.
I asked this question in my 2017 survey and wanted to share with you the results: – “Long standing current state law requires consumers to pay sales tax on online purchases. Which option of sales tax collection do you prefer?”
– Have the merchant collect sales tax on items at the point of purchase. 86.90%
– Have the consumer track sales tax and report it when they file their income taxes. 12.18%
– Have the merchant give the government a report of sales and then notify consumers of sales tax owed. 0.92%
I will share more survey results in the coming week.
Bears Ears
This week we also debated HCR 11 Resolution to Rescind the Bears Ears National Monument Designation
Sponsored by President Niederhauser
This week, the Senate debated a resolution that calls on President Trump to overturn President Obama’s Bears Ears decision. The resolution sharply criticizes President Obama for using the Antiquities Act—which was designed to help protect Native American structures and objects—to set aside 1.5 Million acres of Utah land for environmental protection. Among other things, the resolution chides Obama for ignoring the wishes of the residents of San Juan County-many of whom are Native American. This resolution passed the House and the Senate and was signed by the Governor.
Video Updates
Each week I have been posting a short video on my Facebook page: http://www.facebook.com/
Please e-mail me with your thoughts on issues being debated. It is an honor to serve you.
Curt
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.
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.
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.
You can connect with me on Facebook at https://www.facebook.com/cu
It is an honor to serve you.
Curt
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.
Dear Friends and Neighbors,
As Week 5 of the 2016 Utah General Legislative Session comes to a close, I’d like to update you on the latest from Utah’s Capitol Hill.
My next town hall meeting is Wednesday, March 2 at the Provo City Library. There will also be one on Saturday, March 5 in the Clark Auditorium at Utah Valley Regional Medial Center (Hospital), at 9:00 am.
Please join me! Bring your friends, thoughts, and ideas and we will have a great discussion.
Major Issues Updates
Medical Marijuana
3SB 89, Medical Cannabidiol Amendments, Senator Vickers
This bill was read for a third time on Monday before the Senate had the opportunity to vote for the other marijuana bill for the 2nd reading calendar. A couple Senators requested the bill be circled so that the two bills could be considered simultaneously. A motion was made to circle the bill by one of those Senators, but the motion failed. Senator Vickers, the sponsor of the bill, motioned that the bill pass, which it did 18-8-3. This bill has been introduced in the House and is currently assigned to the House Health and Human Services Standing Committee. You can watch the floor debate here.
2SB 73, Medical Cannabis Act, Senator Madsen
After about three and a half hours of debate over the course of three days, seven amendments, and two substitute bills, 2SB 73 passed the 3rd reading in the Senate 17-12 and has been sent to the House for consideration. This bill has incurred the lengthiest debate this session on the Senate floor. Many Senators voiced concerns, questions, shared personal anecdotes, and in one way or another made sure their opinion was heard in this debate.
Senators who were opposed to this bill expressed concern about the negative effects of marijuana. One Senator explained that as he has met with inmates who are currently incarcerated for drug use, all of them have used marijuana. This same Senator shared that many of his friends who came home from Vietnam as drug addicts did not start their addiction with heroin. Another Senator stood adamantly opposed to the bill because he feels that this bill would do more harm than good to Utahns. According to this Senator, this bill might help a small number of people, but it would also threaten the health of many more.
Senators who stood in support of this bill offered support for various reasons. A few senators mentioned the proposed citizens’ initiative as the alternative to the legislature taking a measured approach on this matter. The legislators encouraged their colleagues to lead their constituents in this matter and not be led by a forced initiative on the ballot. Other senators related anecdotes of friends, family, and constituents who suffered excessively from ailments such as cancer and how marijuana had the potential to alleviate their pain and improve their quality of life.
You can watch the final debate and vote in the Senate here. You can also read about it here or here.
SCR 11, Concurrent Resolution Urging the Rescheduling of Marijuana, Senator Shiozawa
This resolution urges Congress to reschedule marijuana from a schedule I drug so that research can be conducted on the substance. The sponsor of the resolution, as an emergency room physician, feels that there are potential benefits from marijuana as well as dangers. He would like to see thorough research conducted so that we can understand what, if any, conditions marijuana can effectively treat. This resolution passed the Senate this week 25-0-4 and is now assigned to the House Law Enforcement and Criminal Justice Committee. You can watch the Senate floor vote here.
- http://www.deseretnews.com/article/865648302/LDS-Church-says-changes-to-medical-marijuana-bill-substantial-improvement-but-concerns-persist.html
- http://www.sltrib.com/news/3572037-155/utah-senate-asks-congress-to-reclassify
- http://www.ksl.com/?sid=38652664&nid=148
- http://www.sltrib.com/home/3582811-155/utah-senate-passes-medical-marijuana-bill
Hate Crimes
SB 107, Hate Crimes Amendments, Senator Urquhart
Senator Urquhart’s bill SB 107 Hate Crimes Amendments passed with a favorable recommendation out of the Senate Judiciary, Law Enforcement and Criminal Justice Standing Committee, but shortly thereafter the LDS Church publicly voiced concerns that this bill might throw off the balance of the compromise reached last year in the form of the Anti-Discrimination and Religious Liberty bill. SB 107generated a lively debate on the 2nd reading calendar, but ultimately passed 17-12 and will now be moved to the Senate 3rd reading calendar.
There were many technical questions directed at the sponsor in regards to this bill. Senator Stephenson noted that sometimes certain rights are held more important than others. He wanted to ensure that first amendment rights would still be protected if this bill were to pass. The sponsor gave a hypothetical example. If a man belonged to the KKK and every morning talked about how he would do x, y and z to an African American this would not be used against the man in court. If the man were to say I am going to attack that man because he is black and then proceeds to attack the man, that comment would be used as evidence against him. The sponsor explained that this bill is as narrow as it can be and still remain a hate crimes bill.
Senator Weiler spoke against the bill as being the opposite of equal because it would create privileges for certain groups. He explained that he would be in favor of a bill that would beef up existing hate crimes law, but this bill, he says, expands the categories which is a different discussion. Senator Henderson sought clarification on whether rape or sexual assault would fall under hate crimes. Senator Urquhart reasoned that it would be very difficult to prove a rape was a hate crime because it has to be clear that the crime is not just on an individual, but an attack on the individual because they belong to a certain class.
While this bill did pass, a couple senators who voted “aye” on this bill explained that they still have concerns that need to be addressed, but they would like to continue to consider the issue. To watch the debate click here.
Body Cameras
SB 94, Law Enforcement Use of Body Cameras, Senator Thatcher
Senator Thatcher presented SB 94 in the Senate Judiciary, Law Enforcement, and Criminal Justice Committee. He summed up the bill by stating that it directs POST to set statewide policies regarding the use of police-worn body cameras but still allows each local jurisdiction to set their own standards, practices, and policies provided that they conform with the standards established by POST. He pointed out that the vast majority of standards and policies are the responsibility of POST and that practice provides the safest option for the state.
Senator Thatcher did point out that the GRAMA portion of the bill is still under construction. He said that all of the primary stakeholders involved are still working together with the goal of striking the right balance between the reasonable expectation of privacy for the citizens of Utah and open and transparent government. He admitted that the current language is not what they want. He did say that the intent is to provide for the dignity of Utah citizens while holding law enforcement and government employees accountable for cases of misconduct.
Various stakeholders talked about the bill, specifically the challenge of balancing transparency and privacy. All vowed to continue working together to find that balance. The committee voted and passed the bill with a favorable recommendation on a vote of 5-1-1 with an understanding that there will be changes to the GRAMA portion of the bill.
A competing bill passed out of the House Law Enforcement and Criminal Justice Committee on a vote of 9-2. HB 300, Body-worn Cameras for Law Enforcement Officers, sponsored by Representative McCay, is different from SB 94 in that it requires the state to create minimum guidelines for the use of body cameras for all agencies within the state. It also requires that body-cam video be released to the public in certain circumstances where there is a significant public interest. Media interests more broadly support this bill and law enforcement agencies and organizations or opposed.
To listen to committee testimony on SB 94, click here. To listen to committee testimony on HB 300, click here and here.
Pornography
SCR 9, Concurrent Resolution on the Public Health Crisis, Senator Weiler
This bill was read for the second time on Tuesday the 23rd and the third time on Wednesday the 24th. The resolution seeks to bring attention to the dangers of pornography, especially to developing minds. On the second reading, Senator Weiler presented the resolution to the Senate stating that every sentence in the resolution was written and supported by research from a symposium held in Washington DC and was hosted by the National Center on Sexual Exploitation. Senator Weiler also played a clip from the Television talk show, “The View”, where the resolution was discussed. One of the hosts, Candace Cameron Bure, explained her first experience viewing pornography when she was around the age of twelve. She said that the image is still with her to this day and that she heartily supports the resolution.
Senator Weiler said the resolution is getting attention both locally and internationally. He has received dozens of letters from researchers declaring their support for the resolution as well as citizens who have had their lives or the lives of their loved-ones ruined by pornography. He also mentioned that he was interviewed on the television show, “The Doctor’s”, where he talked about the benefits of England’s system of requiring citizens to opt-in to be able to view pornography via the internet. The resolution passed both the second and third readings on votes of 24-0-5. Here are videos of the resolution’s second and thirdreadings.
SB63 Survey Monument Replacement, Senator Okerlund
As many in our rural communities are aware, survey markers are crucial to delineating property rights in rural areas. Over the years, many of these survey markers have been damaged or destroyed due to wildland fires and other causes. This bill makes a few changes to the policy that allows county surveyors to replace provides a means of survey marker replacement. Specifically, it changes distribution date for some of the funds for this program and requires anyone disturbing a corner marker to notify the county surveyor’s office five days in advance.
SB102 High Cost Infrastructure Tax Credits, Senator Okerlund
This bill makes a few changes to the High Infrastructure Program instituted last year. This program is designed to boost Economic development in rural Utah. It provides for accelerated investment of outside capital and provides post-performance tax credits for high cost infrastructure development in rural Utah. No business is allowed to claim any tax credits until after the businesses are generating tax revenue for the state. Oil providers are also incentivized to produce Tier 3 fuels which have been shown to reduce tailpipe emissions by 80%. It is a program broadly supported by the Governor’s Rural Economic Development team. This bill simply creates rulemaking authority for the Utah State Office of Energy to implement this program. It passed its second reading and will be heard a third time on the Senate Floor.
17th Amendment Resolution
SRJ2 Resolution Calling for the Repeal of the 17th Amendment, Senator Jackson
The Senate approved SJR2, a resolution that calls on the nation to repeal the 17thAmendment via a constitutional amendment. A resolution expresses the will and intent of the Senate. It is similar to an official declaration in that it does not have the same legally binding effect as a bill. Prior to the 17th Amendment, state legislatures elected the members of the Senate. Senator Jackson argued the Founding Fathers created a system of checks and balances. The 17th Amendment, however, severely limited the state’s ability to check the federal government. Consequently, the uncontrollable growth of the federal government has eroded the power of the States, leading to the Federal government controlling 1/3 of our budget and 2/3 of our land.
Birth Centers and Health Department Committees
S.B. 108, Birthing Center Amendments, Senator Henderson
This bill prohibits the Department of Health and the Health Facility Committee from imposing certain unreasonable requirements on birthing centers under the Health Care Facility Licensing and Inspection Act. These particular requirements are impossible for birthing centers to comply with, and have been used for years to prevent licensed birthing centers from opening. This bill was passed by the Senate will be heard by the House.
- Committee Oks bill to streamline licensing for Utah birthing centers, Salt Lake Tribune
- Why you should care about my birthing center bill – Interview with Libertas Institute
S.B. 126: Committee Authority Amendments, Senator Henderson
This bill gives the Department of Health a role in the creation of administrative rules by committees that fall under its purview. Specifically, it enables the Department of Health to rescind and amend the rules created by these committees if there is a conflict between the committee and the department. SB126 passed through the Senate and will now be considered by the House.
Conclusion
Thank you for reading my update! Please follow along all things Utah Senate by connecting to us wherever you live on social media by visitingwww.senatecloud.com. We’re on Facebook, Twitter, LinkedIn, Instagram, Pinterest, and all sorts of other sites.
Again, I’ll be holding my next town hall meeting on Wednesday, March 02, 2016, at 7:00 pm at the Provo City Library and then on Saturday, March 5, 2016 at 9:00 am in the Clark Auditorium at Utah Valley Regional Medical Center.
Please join me!
I can be reached by email at curt@cbramble.com, or by phone at (801) 376-8297. You’re welcome to join me at the Capitol any time this session – you would be a welcome guest.
If you’d like to meet with me, you can reach out to my intern, Zach Fender (801) 361-5802.
It is a pleasure representing our community here on the Hill. The experience is both gratifying and humbling.
Warmest regards,
Curt Bramble
Utah State Senate, District 16
Dear Friends and Neighbors,
We’ve reached the end of week four of the 2016 General Session. In my experience, the next few weeks promise to be quite a whirlwind of hearings, debates, and decisions.
From here on out, we’ll meet exclusively in Standing Committee meetings and on the Senate floor for deliberations. The standing committees I sit on are Business and Labor, Retirement and Independent Entities and Revenue and Taxation.
Here’s a link to next week’s Senate Schedule. Feel free to visit the Capitol to participate in public comment on bills you care about, or to observe debate during our floor time.
If you haven’t been reading the Senate’s daily journal pages and issue posts, I’d invite you to do so. You can find these posts at www.senatesite.com, the Senate’s blog.
Fun sidenotes: This summer, the Senate held a statewide art scholarship competition. Students from 9th-12th grade all over Utah participated, and 21 of the best and brightest were awarded with scholarships, which were presented on the Senate floor. Here’s a blog post from the Senate Site which includes all of the incredible artwork.
Did you know that the Senate Floor has a 24/7 live webcam that you can control right from your computer? Visit the SenateCam here.
Find more information about the legislative process at the Legislative Guide via our website.
I’ll be holding my next town hall meeting:
Thursday February 25th at 7:00 p.m.
Jamestown Courtyard, Wednesday
March 2nd at 7:00 p.m.
at Provo City Library
Saturday, March 5th at 9:00 a.m.
IHC-Clark Auditorium
Thursday, March 17th 7:00 p.m.
Orem City Council Chambers.
Please join me! Bring your friends, thoughts, and ideas and we will have a great discussion.
Major Issues Updates
Medical Marijuana
3SB 89, Medical Cannabidiol Amendments, Senator Vickers
This week the Senate started the floor debate on medical marijuana. Senator Vickers’ bill, 3SB 89 Medical Cannabidiol Amendments, was the first medical marijuana bill to be debated on the floor this session. Vickers began his presentation by moving to adopt his third substitute to the bill which primarily made changes to the licensing process. Senator Jenkins also made a motion to change the bill to say that distributors at dispensaries need to wear lab coats as a standard of professionalism which passed unanimously. Vickers explained that his bill would allow for a 10 to 1 CBD to THC ration, with a cap at 5% for THC. This bill is intended to be a moderate step to legalizing medicinal marijuana. The rationale is that if it is a medicine it should be treated like a medicine. This bill would provide de-identified data on medical marijuana use for big data studies that could help doctors and scientists to better understand marijuana.
This bill was thoroughly vetted by senators. Senator Knudson inquired about what will happen if both 3SB 89 and 1SB73 pass, will the sponsors of each bill work together to find a compromise? Senator Vickers affirmed that he would be willing to work with Senator Madsen in the event that both bills pass. Senator Escamilla voiced concern over the lack of a fiscal note and wanted to know how many people would benefit. Previous versions of 3SB 89 have had fiscal notes, but due to the substitute there is no fiscal note immediately available for the latest version. This bill would potentially benefit between 10,000-20,000 patients in Utah. Senator Dabakis asked if Senator Vickers is taking all of the fun stuff out of marijuana. He also expressed concern that we stand the possibility of eliminating the element that actually helps patients. Senator Stephenson spoke to his concern over opioid overdoses. Certain studies indicate that states where THC is legal see a 25% drop in opioid overdoses. From Stephenson’s experience, opioids are “passed out like candy” here in Utah and he hopes to see medical marijuana help in the fight against the opioid crisis. Senator Urquhart referenced the experiences some mothers have related about their experience with marijuana oils to treat seizures. Some mothers saw the need for CBD with THC in order for the entourage effect to kick in, while other mothers found that CBD alone is enough to prevent seizures in their children. This bill passed the second reading 26-3 (watch the debate here) and has been moved to the third reading calendar. Hereis an article about the floor time debate.
1SB 73, Medical Cannabis Act, Senator Madsen
Senator Madsen’s bill 1SB 73, Medical Cannabis Act was also presented on the Senate floor this week. He began by offering seven amendments to his bill. These amendments came from suggestions from his colleagues. Several of the amendments stemmed from concerns raised at an informal meeting that Senator Madsen hosted this past week in an effort to offer clarifications on his bill. These amendments included changing the zoning requirements, removing certain protections for employees who use medical marijuana, clarifying inspection requirements, altering the organization of the Compassionate Use Board, and modifying the form of cannabis that will be available. Amendment 7 modifies the form of cannabis available to eliminate the whole plant usage. The benefit of the whole plant would still be available via cannabis extract products, but the flower itself would not be permitted. It would still permit vaping, edibles, and oils as before, but now they would come in medical dosage form. These amendments all passed on the floor. This does not mean that the bill itself passes, it merely allows for changes to the bill.
This bill was heavily debated, but due to lack of time the bill was circled and no vote was taken on the bill. This means that the bill will likely be debated at a future time when all Senators who would like to speak to the bill or ask a question about the bill have time to do so. Of the Senators who did have the opportunity to speak, Senator Knudson, who voted against medical marijuana last year, spoke up in favor of this bill during the debate. He would like to see the pain and agony of many suffering alleviated by medical marijuana. Senator Weiler praised Senator Madsen for improving this bill with the amendments. He warned the legislature that if they do not pass a medical marijuana bill this session it will go to public initiative which concerns him. His own constituency is largely in favor of medical marijuana and now that the bill has been amended he can support it. Senator Mayne also spoke in favor of the bill in part because of her own experience from when her husband was diagnosed with terminal cancer. One of his oncologist recommended he go find marijuana to make his final days easier, though he chose to abstain because of his position as a state senator. Senator Henderson explained that she came to the floor as a hard no on the bill, but after seeing such positive changes to the bill decided to ask further questions to better understand the bill. She inquired about the impact on K-9 searches, the DUI metabolite statute, and if Utah would recognize out-of-state marijuana cards. She also questioned as to why synthetic THC, Marinol, is not sufficient, why is the natural THC necessary. Senator Madsen explained that synthetic THC does come with an intense and harsh high, but using natural THC with other extracts from marijuana work better because of the entourage effect. Once again there were still several senators interested in debating the bill and so the bill was circled so that it can be discussed further before the vote. You can watch the debate here.
Medical Marijuana in the News:
- http://www.ksl.com/?sid=38524280&nid=148&title=medical-marijuana-ballot-initiative-to-be-announced-tuesday
- http://www.deseretnews.com/article/865647869/Medical-marijuana-supporters-want-to-put-the-question-to-the-people.html
- http://fox13now.com/2016/02/16/signature-gathering-for-ballot-initiative-on-medical-marijuana-could-start-this-weekend/
- http://www.deseretnews.com/article/865647939/Ex-coach-Ron-McBride-voices-support-for-medical-cannabis.html
- http://www.ksl.com/?sid=38564964&nid=148&title=more-restrictive-medical-pot-plan-clears-first-senate-vote
Hate Crimes
SB 107, Hate Crime Amendments, Senator Urquhart
Senator Urquhart’s SB 107 Hate Crime Amendments bill received some push back this week. The bill changes the existing hate crime law to include nine identifiers, an expansion from the original five. The nine identifiers include ancestry, disability, ethnicity, gender, gender identification, national origin, race, religion, and sexual orientation. The bill also seeks to increase the level of punishment by one degree if prosecution can prove beyond a reasonable doubt that one of the motivations behind the crime stemmed from hate of one of the nine identifiers. Urquhart says this bill will not conflict with first amendment rights.
This past week the LDS church released a statement in response to media inquiries expressing concern about any legislation that could potentially upset the compromise reached with the Anti-Discrimination and Religious Liberty bill that passed last year. While the LDS church did not specifically oppose SB 107, Senator Urquhart in a press conference says the statement “effectively snuffed out” all of his effort in creating this bill. This bill passed out of committee with a favorable recommendation 5-1-1 and is awaiting consideration on the floor. To listen to his committee presentation click here.
You can read about this issue here, here, or here. You can also catch Senator Urquhart discussing the issue on Trib Talk here.
Wildlife Amendments
1HB 14, Wildlife Amendments, Floor Sponsor Senator Hinkins
This week the Senate considered 1HB 14 Wildlife Amendments. This bill clarifies that a license, permit, tag, or certificate of registration issued by the Division of Wildlife Resources is a privilege and not a right. It also states that points credited to a person to improve their chances of receiving a hunting permit may not be transferred, sold or assigned to another person. Senator Jenkins proposed an amendment to the bill that would remove 12 and 13 year olds from consideration in the bill due to limited points and permits. Several senators spoke against the amendment, expressing a desire to allow interested youth to participate in hunting. The amendment failed, but 1HB 14 passed both the second and third reading on the Senate floor. The bill has now been approved in both chambers and will be submitted to the Governor for his signature. Listen to the debate hereor read about it here.
Wildlife Amendments in the News:
Guardianship
SB 111, Guardianship – Right of Association, Senator Weiler
Senator Weiler presented SB 111, Guardianship – Right of Association, in the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on Thursday. He began his testimony with a personal comment. He said that he spent the last weekend with his ailing mother. He also mentioned that his father passed away a little over a year ago. He said, “I could not imagine if someone was telling me, as my parents were dying, that I couldn’t see them. But that is happening in our country.” SB 111 is designed to address this issue.
Senator Weiler invited Catherine Falk to address the committee. Catherine is the daughter of Peter Falk, famous for starring in the TV series Columbo. Catherine related the experience that she had in trying to visit her father who was dealing with medical issues including Alzheimer’s. Mr. Falk’s second wife did not want his daughters to be able to visit him freely and Catherine spent over $100,000 of her own money on attorney’s fees in fighting for the right to visit her father. Catherine pointed out that she did not want to obtain a conservatorship or power over Mr. Falk’s assets, she really just wanted to have the freedom to visit her father. She said, “Our bill is designed to stop bad guardians from isolating their wards with no accountability for their actions.” She went on to say that, “It protects the growing number of people who are currently falling through the cracks and they have absolutely nowhere to go for help. Our bill is not designed to make it harder for good guardians to do their job. Our bill helps to impede those who are wrongly isolating their wards with no accountability.”
She explained that the bill requires the guardian to provide the burden of proof to the judge in order to override an incapacitated person’s wishes.
In further explaining the bill, Senator Weiler pointed out that when a guardianship is initially established, if the guardian has a concern about visitation, this bill requires them to raise those concerns at the initial court hearing. This gives the guardian the option to restrict visitation if the court determines that the restriction is warranted.
Kent Alderman, an attorney specializing in elder law, spoke in opposition to the bill. Mr. Alderman said that he has experience representing both sides of this issue, the guardians wishing to restrict access and the wards or relatives who have been blocked from visitation. He said that most everything stated by the sponsor and Catherine Falk are true but that he believes that this bill is not the appropriate remedy. He stated that the bill should be referred to the Utah State Bar’s Elder Law section. He said that the best way to provide solutions for this issue is to provide more training for guardians.
Members of the commercial guardianship industry gave testimony that changes should be made to the bill to more closely match standards in the guardianship industry. Senator Hillyard expressed his frustration that their assumptions were that every ward had a professional guardian and he said that most people cannot afford a professional guardian.
In closing, Senator Weiler pointed out that he is always willing to listen to those who have input on ways to improve the bill. He said that in the last two weeks, none of the members of the Elder Law section of the Utah State Bar were willing to meet with him to discuss possible changes. He also said that he will continue to work with all stakeholders involved to improve the bill, even if it passes favorably out of committee.
The committee passed the bill with a favorable recommendation on a vote of 7-0.
Listen to the committee meeting here.
Guardianship in the News:
Body Cameras
SB 94, Law Enforcement Use of Body Cameras, Senator Thatcher
Law enforcement use of body cameras has been gaining interest nationwide and this session there are two competing body cam bills. Senator Thatcher has sponsored SB 94, Law Enforcement Use of Body Cameras and Rep. McCay has sponsored HB 300, Body-worn Cameras for Law Enforcement Officers.
Senator Thatcher’s legislation includes a “presumption of privacy” that would “give citizens some defense against having the worst moments of their lives played out on the news.” The bill makes private any video from a body-worn camera that contains images of nudity, death, or gruesome events. The bill also stipulates that law enforcement agencies shall have written policies for the storage and retention of video and audio and policies and procedures for officers wearing body cameras.
Rep. McCay’s bill is different in that it has minimum state guidelines for the use of body cameras for all agencies within the state. It also requires that body-cam video be released to the public in certain circumstances where there is a significant public interest.
Rep. McCay talked about a study conducted in Rialto, California in 2012. For one year, the Rialto police force had 54 front-line officers that were assigned randomly to wear or not wear body cameras. Nearly a thousand shifts were monitored. All 54 officers experienced work with and without body cameras. Rep. McCay said that the results of the study were quite dramatic. There was a significant drop in use-of-force incident complaints over previous years. Use of force incidents roughly doubled when body cameras were not worn by front-line officers. The agency found that the use of body cameras will allow for better training procedures, allowing new officers see real-world incidents and appropriate responses to those incidents. It also allows an officer to study footage of their own actions giving them the tools to analyze and improve their own performance.
One possible negative consequence of body cameras found in the study is that video had the potential of carrying more weight as evidence than officer testimony which was deemed sufficient in most cases before wide use of cameras. This brought up the question, would district attorneys be reluctant to prosecute when there is no evidence from body-worn devices to corroborate the testimony of the officer.
Tom Ross, the Chief of Police of the City of Bountiful and the President of the State Chiefs of Police Association spoke about the perspective of law enforcement. He said that the quest comes down to privacy vs. transparency. He explained it as, “the need to see what law enforcement does and feel good about the services that our law enforcement officers provide against how much of that we take away from the privacy of our residents.” He went on to say that the single biggest issue to residents that he has spoken to is the need for privacy.
Chief Ross also brought up the issues inherent in making changes in state code as opposed to making those changes in POST policy. POST policy allows for changes with new technology without the need to wait for legislative session to change State code.
The committee ran out of time to make any further decisions on HB 300. SB 94has been assigned to the Senate Judiciary, Law Enforcement, and Criminal Justice Committee for consideration.
Body Cameras in the News:
- http://www.deseretnews.com/article/865647917/State-legislators-wrestling-with-proposed-police-body-camera-laws.html
- http://kutv.com/news/local/should-police-body-cam-video-be-public-or-private
Compulsory Education
SB45, Compulsory Education Revisions, Senator Jackson
Senator Jackson presented before the Senate Education Committee. This bill SB45removes the language from our code that specifies the punishment for parents who fail to register their children for school. This bill passed out of the Senate and will be considered next by the House.
Compulsory Education in the News:
Smoking in Public Places
SB61 Smoking in Public Places Amendments, Senator Vickers
This bill bans smoking inside the SLC airport. The SLC airport is one of five airports across the nation that allows smoking rooms and two of these five—Denver and Ft. Worth—will be prohibiting smoking rooms soon. Senator Vickers said the bill would allow people to smoke outside the airport–though they may have to re-enter security. The discussion on the floor centered on the proper place of government in regulating someone’s choice to smoke and the perception of our state in the eyes of the travelling public. The bill was defeated on the second reading but a motion was made to reconsider it on the floor.
Smoking in Public Places in the News:
School Building Location
SB86, School Building Coordination, Senator Jackson
This bill requires a school district to notify the department of transportation as they select a location for a school. The intent of this bill is to allow UDOT to create a plan for providing adequate transportation infrastructure prior to the construction of the school rather than after the school is built. The construction of new schools can often impose a significant transportation burden on a community and UDOT, especially when stoplights and intersections are required to accommodate the increased traffic. Senator Jackson pointed out that some school districts already do this as a matter of practice but most do not. The Senate passed this bill and it will be heard next in the House.
Conclusion
Thank you for tuning in to my update this week. Please follow along all things Utah Senate by connecting to us wherever you live on social media by visitingwww.senatecloud.com. We’re on Facebook, Twitter, LinkedIn, Instagram, Pinterest, and all sorts of other sites.
Again, I’ll be holding my next town hall meeting on Thursday, February 25th at 7:00 p.m. at Jamestown Courtyard 3352 N. 100 E. in Provo. Please join me!
Bring your friends, thoughts, and ideas and let’s have a great discussion.
I can also be reached by email at curt@cbramble.com or by phone at (801) 376-8297. You’re welcome to join me at the Capitol any time this session – you would be a welcome guest.
If you’d like to meet with me, you can reach out to my intern, Zac Fender (801) 361-5802.
It is a pleasure representing our community here on the Hill. The experience is both gratifying and humbling.
Warmest regards,
Curt Bramble
Utah State Senate, District 16
Dear Friends and Neighbors,
Week 3 of the 2016 Legislative Session is already over – time is really flying by now! We’ve just wrapped up a long week of committee meetings, budget balancing, and two-a-days on the Senate floor.
If you haven’t been reading the Senate’s daily journal pages, you’ve been missing out! You can find these posts at www.senatesite.com, the Senate’s blog.
If you’d like to meet in person regarding any of the legislation listed below or to discuss any other issue, I’ll be hosting a series of town halls this week and I’d love to see you meet you.
Tuesday, february 16th 7:00pm
Orem City Council Chambers
Wednesday, February 17th 7:00pm
Provo City Library
Saturday, February 20th 9:00am
IHC-Clark Auditorium
North West Plaza, 1134 North 500 West
Budget Overview
The budgetary process is almost complete. Our State constitution requires us to pass a balanced budget every session. As part of this process, each department in the executive branch proposes a budget. The legislature reviews each budget in Appropriation Subcommittee meetings and typically funds 98% of the executive department’s proposal. The bills that emerge from this process are known as the base budget bills. To receive the full funding, the remaining 2% of the proposal is then justified by the agency and the Appropriations Subcommittees. This practice encourages agencies to look for programs that may be unnecessary and to make other cost savings adjustments.
Our Office of the Legislative Fiscal Analyst has a robust page on our website where you can find budget quick facts, information on Utah’s Fiscal Health, subcommittee information, and much more. Feel free to peruse the site: http://budget.utah.gov/
Alcohol
HB 13 Alcoholic Beverage Event Permit Amendments, Rep. Oda, Senator Stephenson
This bill makes a few important changes to how the state distributes alcoholic beverage event permits. Previously the law said a permit “may” be given if all of the qualifications were met. This bill would change the language to say that a permit “shall” be given if all of the qualifications are met. Senator Stephenson, the floor sponsor for this bill, related an example of Snowbird not receiving a permit for their Oktoberfest event after they applied. Stephenson questions how it would be possible to host an Oktoberfest without beer? This was an event that attracted tourists and made Utah look foolish according to Stephenson. This bill passed unanimously through the Senate and has been signed by the Senate President. It has been returned for the Speaker of the House to sign after which it will go to the Governor. Here’s an article about the bill.
Education Funding
SB 38, School Funding Amendments, Senator Stephenson
Approximately 65,000 students in Utah attend Charter School (ten percent of Utah’s students). In terms of per pupil spending, however, the Charter School Funding Task force found that the amount spent on charter school students is lower than public school spending. SB38 is designed to make spending on charter schools more equitable. The concern has become what is the number that represents equity and how do you address the equity issue. There is much debate about what should and should not be considered in determining an equitable number and then what is the appropriate funding mechanism to address the inequity. This bill passed through the Senate and will now be considered by the House.
School Board Elections
SB 78, State Board of Education Candidate Selection, Senator Millner
Recently, a federal district court judge ruled that our method of selecting members of the State Board of Education is unconstitutional under the first amendment. In our old system, a selection committee nominated 3 candidates for each school board district. Out of those 3, the Governor would select 2 candidates for the general election. The basic argument was that the selection committee, acting in their official government capacity, could completely suppress political views with their selection of the nominees. What this bill does is specifically prohibit the selection committee from basing their selections on political factors, affiliations, or educational viewpoints as required by the judge. It is a short term fix for the 2016 election cycle and repeals January, 2017. Hopefully, the legislature will determine a more permanent solution for future elections. This bill has passed the full Senate and now awaits consideration by the House.
There are three options being considered as a permanent solution to State School Board elections. One is partisan elections, a second is nonpartisan elections and a third is a hybrid option that includes partisan, nonpartisan and appointed members. Representative Hall is currently sponsoring a bill that would establish non-partisan primary elections. Some concern has been expressed about this approach because it does not place a limit on the number of primary candidates.
The bill passed through the Senate this week. Currently, the bill is awaiting being heard in the House Education Committee.
A couple of articles on the measure from the Salt Lake Tribune here and here.
Firearms
SB 43, Firearm Safety and Violence Prevention in Public Schools, Senator Weiler
Senator Weiler has sponsored legislation designed to provide a pilot program for Utah eighth graders to learn about firearms safety and what to do in the case of a firearm threat at school. S.B. 43, Firearm Safety and Violence Prevention in Public Schools, would not teach students how to use firearms, but rather what to do and who to tell if a firearm is found. The bill would also train them on what to do in situations with an active shooter.
Lots of questions about the safety of such a measure have arisen – but the bill clarifies that the class would never involve an actual firearm, and parents who object to the class reserve the option to have their children opt-out. The school districts will make all decisions related to the class like whether it is held before, during, or after school and whether or not the school district will participate at all.
During testimony in the Senate Judiciary, Law Enforcement, and Criminal Justice Committee, it was pointed out that Utah children have been killed or injured because they handled found firearms. Many children in Utah grow up around firearms and are aware of the potential danger but many are unfamiliar with them and do not have the opportunity to learn at home. This class will give those children the opportunity to learn in a politically neutral environment.
The bill passed out of committee favorably on a vote of 4-0-3 and moved to the Senate floor. The bill passed a second reading on a vote of 18-7-4. After being substituted and amended to ensure political neutrality and change the funding source to the Education Fund, the bill passed the third reading on a vote of 22-5-2.
Hate Crimes
SB 107, Hate Crimes Amendments, Senator Urquhart
Senator Urquhart, the sponsor of this bill, openly admits to previously being against hate crime legislation. Previously he was of the opinion that a hate crime is really just a normal crime, but now he feels differently. Hate crimes, according to Urquhart, are an attack on a community and not simply an individual. SB 107 would punish the act and intention behind the act. If convicted of a hate crime it would enhance the penalty by one degree. It must be proved beyond a reasonable doubt that one of the motivations in committing the crime was hate.
In order to prevent violating first amendment rights to free speech, this bill will not hold against someone something they said separate from the crime, or their affiliations, or their donations to groups. In the committee, Senator Urquhart gave the example of if a person in the privacy of their home talks about how much they hate African Americans that is within their first amendment rights and cannot be used against them in court. However, if this same person is out on the street and says I hate African Americans so I’m going to go inflict harm on this one in front of me, that would be used in court against them.
This law is modeled after the Wisconsin law, which has already held up in court. Proponents of this bill hold that the existing hate crimes law in Utah is ineffective and near impossible to enforce. Opponents to the bill complained against the subjectivity of the identifiers listed in the bill. The bill includes more than the standard protected classes. Senator Weiler, asked the presenters if the same identifiers in this bill were used in Wisconsin or any of the 44 states with hate crime laws and the presenters were not aware if they were of not. This bill passed out of a Senate committee with a favorable recommendation, and will be debated on the Senate Floor – likely next week. To listen to the presentation from the committee, click here.
Medical Marijuana
SCR 11, Concurrent Resolution Urging the Rescheduling of Marijuana,
Senator Shiozawa
This concurrent resolution sponsored by Senator Shiozawa urges Congress to drop marijuana from a Schedule I drug to a Schedule II. Changing the schedule of the drug would allow for research to be done on marijuana and allow scientific methods in discovering the benefits of marijuana.
Senator Shiozawa, an emergency room physician, sat on the Health and Human Services Committee this interim as the committee studied medical marijuana. Because there is limited studies due to the nature of a schedule I drug, much of the science presented to the committee was inconclusive. There were studies suggesting marijuana is harmful and not beneficial at all, and an equal number of studies saying that it is uniquely helpful and effective. Senator Shiozawa feels that the two marijuana bills being considered fail to address what he considers to be the fundamental question. Where is the research that clearly identifies which conditions, if any, can be effectively treated with marijuana? This resolution would serve to help answer that question.
This resolution has been assigned to the Senate Health and Human Services Committee. Here is an article about this resolution.
Senator Madsen and Senator Vickers’ Medical Marijuana bills are still making waves here at the Capitol, and over the weekend the LDS Church put out a statement in opposition to the Madsen bill, but there wasn’t any legislative action taken this week on either one. Here’s what I wrote last week about the measures, in case you missed it:
SB73, Medical Cannabis Act, Senator Madsen
In the committee meeting, the sponsor said that this bill is about liberty and compassion. This bill allows for whole plant use to treat a number of specified medical conditions. The plant may not be used in combustible form (no smoking), but it can be used in vapor, edible or oil form. Physicians would not be permitted to prescribe more than 20% of their patients at a time marijuana.
This bill allows for a list of conditions to be treated with medical marijuana including multiple sclerosis, cancer, Alzheimer’s disease, Crohn’s disease, epilepsy, chronic pain, as well as a few other conditions.
1SubSB 89, Medical Cannabidiol Amendments, Senator Vickers/Rep. Daw
The sponsors of this bill say their guiding principle in this bill is to “do no harm”. This bill is viewed by many as a scaled back approach to solving the medical marijuana quandry. This bill will allow for CBD, but not THC (known as the psychoactive component) in medicinal marijuana products. It would also only permit adults 18 and older to be prescribed marijuana. It allows marijuana use for epilepsy, appetite stimulation for HIV/AIDS, nausea and vomiting during chemotherapy, and a list of specified neuropathic pain conditions. This bill is intended to help begin studying the effects of marijuana for medicinal purposes and to start with a scaled back approach.
Pornography
SCR 9, Concurrent Resolution on the Public Health Crisis
Senator Weiler became famous all over the internet this week when he said that pornography today is like tobacco was 70 years ago. This resolution calls for “education, prevention, research, and policy change at the community and societal level” in order to address what the resolution calls this “public health hazard.”
Although Senator Weiler did not officially present the resolution in committee until Friday, Feb. 5th, the legislation was already making waves in the media both locally and internationally, including a frank discussion about pornography on “The View” on Wednesday. Some experts have weighed in and opinions seem to run the gamut, from those who are in full support to those who believe that pornography is not addictive or harmful in any way.
The resolution was presented on Feb. 5th in the Senate Health and Human Services Committee.
Senator Weiler pointed out that this is a non-binding resolution that calls pornography a public health crisis. He said that the legislation is designed to bring attention to research that shows that pornography can be addictive and harmful, especially to developing minds. He is not trying to ban pornography, despite what many media outlets have reported. He did say that he is interested in looking closely at how England handles internet porn.
Though England is generally seen as more liberal than the U.S. when it comes to nudity and sexually explicit material, the government has had the foresight to require households to opt-in to having internet pornography available online. Senator Weiler provided the committee with 16 letters of support from various experts around the country and the committee heard from local researchers and experts who spoke in support of the resolution as well as Utah citizens with personal experience to provide context. The resolution passed out of the Senate Health and Human Services Committee with a favorable recommendation on a vote of 5-0-1.
Links to some of the media coverage:
- http://www.deseretnews.com/article/865646663/State-senator-wants-Utah-to-declare-pornography-a-public-health-crisis.html?pg=all
- http://www.dailymail.co.uk/news/article-3425349/Utah-Senator-claims-pornography-unhealthy-public-health-crisis.html
- https://www.facebook.com/TheView/videos/10153278988046524/
- https://www.youtube.com/watch?v=4fDHgNMef88
Water Issues
SB80, Infrastructure Funding Amendments, Senator Stuart Adams
We can expect to see many water bills this session. One bill coming out of the Senate – SB80, Infrastructure Funding Amendments from Senator Stuart Adams, has been making waves in the Legislative world. This issue was available for public comment in the Senate Natural Resources, Agriculture, and Environment Standing Committee, and just passed its final Senate vote today on our floor.
The bill creates a water infrastructure fund, and would take this money from certain sales and tax revenue that was originally deposited into the Transportation Fund. Many citizens who spoke to the bill during the public comment period expressed concern that this money would be used on projects like the Lake Powell Pipeline. The bill’s sponsor, Senator Stuart Adams, said the fund at least initially would be a revolving fund intended to help local water authorities improve their outdated infrastructure. The bill passed out of the committee with a favorable recommendation on a vote of 5-2.
The bill was read on the Senate floor for a second time on Thursday, February 11th. There were a few questions and concerns discussed on the floor. Senator Howard Stephenson brought up his concern that Utahns collectively will be taxed to fund water projects that benefit a few Utahns, in some cases, people who pay the lowest water rates in the state. Senator Hillyard brought up the likelihood of state road projects being delayed to fund water projects that have not been scheduled or planned. Senator Jenkins pointed out that the water districts have projects that are too large to do without the state’s participation and that this bill allows the state to get in front of these needs. The bill passed the second reading on a vote of 19-10.
On Friday, the bill was read for a third time. Though there was no additional debate on this reading, a few Senators chose to explain their votes. Senator Dabakis, in voting no, said that, to his perspective, the bill appears to be a Lake Powell pipeline bill and he wishes there was more information available showing where the funds will be going. Senator Dayton voted yes and wanted to point out that the bill was not a tax increase. When the fund was originally created by the legislature, it was designed to be for water projects in its entirety. Later, legislation was sponsored to take half away for transportation projects. Senator Dayton said that this bill was bringing the fund back to its original purpose.
The bill passed on a vote of 19-10.
Here’s a news story, if you’re interested in reading more: http://www.sltrib.com/news/3459714-155/lawmakers-utahns-wary-of-lake-powell.
A LIST OF ADDITIONAL BILL SUMMARIES YOU FIND INTERESTING:
SB114, “Municipal Utilities Amendments”, Senator Jerry Stevenson
This bill seeks to allow cities to treat cable or fiber as a utility just like gas or electricity.
SCR8, “Concurrent Resolution Approving the Test and Training Range Land Exchange”, Senator Jerry Stevenson
This bill proposes an exchange of state lands for federal lands within Utah. This will provide the State with valuable lands that have mining potential or that can be used for schools. The exchange will also provide valuable air space where the Air Force can test aircraft.
SB100, Traffic Fine Amendments, Senator Lyle Hillyard
This bill limits amounts received by local governments from traffic fine to 25% of the local government’s revenues, and allows the state auditor to monitor compliance. The media immediately renamed the bill the “Mantua Speed Trap Bill.” Senator Hillyard sponsored this bill ‘to reduce the incentive of policing for profit’.
SB59, Antidiscrimination Act Revisions, Senator Todd Weiler
The premise of this bill is to address the need for employers to provide reasonable provisions for pregnant women. Oftentimes women who are pregnant need additional breaks in order to pump milk or rest. This bill seeks to assure women who are pregnant that they will receive necessary accommodations based off their circumstance.
SB14, American Indian and Alaskan Native Amendments, Senator Van Tassell
American Indian and Alaskan native students have a significant achievement gap compared to other students in the state, and much of this is due to the high turnover rate of their teachers. SB 14 seeks to help American Indian and Alaskan native students succeed in public education by creating a pilot program to retain and improve teachers for these students. This program will fund the stipend, recruitment, retention, and professional development of teachers who teach in American Indian and Alaskan native concentrated schools.
2SB17, Revenue and Taxation Amendments, Senator Van Tassell
In January 2015, the Utah Supreme Court issued a decision in Anadarko v. Utah State Tax Commission which created the potential for a substantial oil and gas severance tax increase on every oil and gas company in Utah. This bill clarifies the statute and formula for calculating the oil and gas severance tax to basically keep the status quo so that oil and gas companies don’t have to pay this substantial tax increase. This bill is especially beneficial to the oil and gas industry right now because they are already reeling from dropping oil prices, and increasing their taxes would be crippling to the industry.
SB118, Uintah Basin Air Quality Research Project, Senator Van Tassell
The main purpose of this bill is to continue the ongoing effort to understand the unique ozone formation in the Uintah Basin by creating the Uintah Basin Air Quality Research Project. This will authorize the USU-Bingham Entrepreneurship and Energy Research Center to study ozone formation in the Uintah Basin. This bill will help to discover the cause and makeup of ozone formation in the Basin which will hopefully aid in the understanding of how to deal with its effects.
SB102, High Cost Infrastructure Amendments, Senator Ralph Okerlund
The main idea behind this bill is to incentivize businesses and corporations to invest in Utah. With this bill, businesses would be allowed post construction tax credits on any contribution that they made to the local infrastructure. Senate Bill 216 – High Cost Infrastructure – was passed in 2015. This year, SB 102 – High Cost Infrastructure Amendments – adds a small number of amendments to the statute. SB 102 also includes incentives for refineries to invest in equipment and processes that promote tier 3 gas emission. To qualify for this credit, refineries would have to have this project completed by the year 2020.
SB71, Children’s Justice Center Amendments, Senator Ralph Okerlund
Senate Bill 71 adds three additional counties to the list of counties lawfully allowed have Children Justice Centers. These centers exist to help children who are victims of physical (including sexual) abuse by providing an environment in which they can address and heal from these traumatic experiences. The additional counties are Box Elder, San Juan and Summit. In addition, the AG is also charged with with providing training, technical assistance and other services to ensure that centers are able to provide quality services to children. These additional counties already have facilities available and only require funding for the servicing of the facilities.
SB134, Oil and Gas Conservation Fund Amendments, Senator Okerlund
This bill proposes to increase the Oil and Gas Conservation Account “cap” from $750,000 to $4.35 million – 100 % of the appropriation amount for the DOGM’s (Department of Oil, Gas and Mining) Oil and Gas Program. This means that instead of a limit of $750,000, the program can tap into the rainy-day account during bust years. This rainy-day account is filled by fees paid by oil and gas operators. During boom years, the extra fees collected can then be transferred into the General Fund.
SB131, Utah College of Applied Technology Governance Amendments, Senator Steve Urquhart
This bill reorganizes the board of the Utah College of applied Technology closely along the lines of the Board of Regents, with 15 members. Each college of applied technology will nominate 1 of the members.
SB107, Hate Crimes Amendments, Senator Steve Urquhart
This bill corrects Utah’s hate crimes law according to court opinion, and it adds a one-degree enhancement for crimes committed because of the victim’s race, ethnicity, religion, gender, sexual orientation or gender identity.
SB1, Higher Education Base Budget, Senator Steve Urquhart
This bill changes the way that funds are appropriated for the operation of Higher Education. Instead of focusing on funding growth, this bill will fund performance. The formula of this bill appropriates funding for the 8 big schools in Utah, but there is a catch. Only the top performing school gets all the money that was appropriated to their school, the second best getting a percentage less, the third getting a percentage less than the second, and so on down the line. When the schools up their performance, they can earn back the money that was appropriated to them.
SB56, Nurse Practice Act Amendments, Senator Evan Vickers
This bill amends the Nurse Practice Act; amends definitions; requires a nursing education program to be accredited in order to qualify students to practice nursing in the state; and provides students of certain non-accredited nursing education programs time to graduate from the non-accredited program and qualify practice nursing in the state.
SB61, Smoking in Public Places Amendments, Senator Evan Vickers
This bill modifies provisions of the Utah Indoor Clean Air Act. This bill removes certain smoking prohibition exceptions for an international airport passenger terminal.
SB122, Wildland Fire Policy Updates, Senator Evan Vickers
This bill modifies procedures surrounding the management of wildland fire. This bill defines terms; requires a municipality to abate uncontrolled wildfire on private or municipality-owned land within its boundaries, under certain circumstances; authorizes a city, town, county, or certain special districts to enter a cooperative agreement with the Division of Forestry, Fire, and State Lands; states that a city, town, county, or a special district that enters into a cooperative agreement may be eligible to have the costs of catastrophic wildland fire suppression paid by the state.
SB108, Birthing Center Amendments, Senator Deidre Henderson
This bill prohibits the Department of Health from imposing certain requirements on birthing centers. This bill requires doctors and hospitals to allow licensed midwives to work in a licensed birthing center (defined to have 2-5 rooms) without having restrictions that are out of statute be placed upon them so that they may perform within the full scope of their training.
SB126, Committee Authority Amendments, Senator Deidre Henderson
This modifies provisions related to the Department of Health and its rule making authority. It requires certain committees such as the Primary Care Grant committee, the Health Facility Committee, the Child Care Licensing Committee, the State Emergency Medical Services committee, and the Health Data committee to require concurrence with the Department of Health.
Thanks for tuning in to my update.
Please know that I always love to hear your thoughts on these and other measures before our legislature.
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I can be reached by email at curt@cbramble.com, or by phone at 801-376-8297. You’re welcome to join me at the Capitol any time this session and if you’d like to meet with me, you can reach out to my intern, Zach at 801-361-5802
Thank you for allowing me the opportunity to serve our district and thank you for all you do to make Utah the best state in the nation – and thanks for paying attention.
Warm regards,
Curt Bramble
Utah State Senate, District 16
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.
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,
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
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.
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,
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,
