Friday, February 12

WHAT’S HAPPENING TODAY

Standing Committees meet at 8 am and 2 pm today, and floor debate is from 10 to noon.

There are 2 meetings at 12 noon. Senate Retirement and Independent Entities will continue their hearings on three bills in Senate room 210: Substitute SB43 (double-dipping), SB63 (Tier II and defined contributions), and SB94 (401-k contributions).

The Constitutional Revision Commission meets at noon in Capitol Room 450 to discuss proposed Constitutional amendments.

HJR24, “Joint Resolution of Equal Treatment by Government,” prohibits discrimination by government entities, but with an exception for bona fide qualifications based on sex.
HJR25, “Joint Resolution Regarding School Fees and Supplies,” proposes exceptions to the provision that public elementary and secondary schools shall be free, allowing fees for after-school activities and school supplies, and waivers for financial hardship.

IN MORNING COMMITTEES

HOUSE BUSINESS AND LABOR will consider HB227. It would require applicants for city or county business licenses, or for state occupational and professional licenses, to show documents proving they are U.S. citizens or legal residents.

HB196, a tobacco tax increase, will be heard in HOUSE HEALTH AND HUMAN SERVICES. The fiscal analyst says state revenues would increase by over $22 million a year, but businesses would lose about $39 million a year, probably because tobacco sales would go down. Bill supporters expect good health effects from less smoking, particularly for young people.

HJR21 will be discussed in HOUSE PUBLIC UTILITIES AND TECHNOLOGY. It urges Utah to withdraw from the Western Climate Initiative, a group of western states that aim to reduce carbon dioxide emissions. The resolution says 90 percent of Utah power is coal fired, and it criticizes climate-change science and carbon-capture technology.

THIS AFTERNOON

HOUSE NATURAL RESOURCES, meeting at 1:30, will talk about HB141, continuing the debate about public recreational use of public waters on public and private property.

Another bill on that subject, HB80, is in HOUSE JUDICIARY at 2:00.

WHAT HAPPENED YESTERDAY

From Jenn Gonnelly

In Senate Health & Human Services Committee

SB44 Health Amendments for Legal Immigrant Children (L. Robles) was heard. It was also heard on Tuesday but the vote was held until today in hopes of having more members of the committee present. The vote was 2 yea (Robles, Jones) 2 nay (Buttars, Christensen) 2 absent (Adams, Hinkins). Because of the tie, the bill did not pass out favorably to the floor. But it can be put back on the committee agenda so another vote can be taken.

HB88 Electronic Cigarette Restrictions (R. Menlove) was passed out with a favorable recommendation unanimously by Senators Robles, Jones, Buttars, and Christensen, with the admonition that it does not go far enough to keep e-cigarettes out of the hands of children. Committee members expressed a desire to see e-cigarettes banned in Rep. Ray’s nicotine products bill (HB206).

HB200 Informed Consent Amendments (C. Wimmer) This bill passed out favorably with a unanimous vote of those present (Adams, Buttars, Christensen, Hinkins, Jones) with Robles absent. While the vote was not surprising, a comment made by Rep. Wimmer was surprising to me as it is a new assertion. He made the claim that there are clinics that make the majority of their operating funds from abortions and they are against this bill as it will bring down the number of abortions. Under pressure from Sen. Jones to name such a clinic he named the Salt Lake Women’s Clinic. It is important to note that the legislation does not dramatically alter any code. It only states that a woman seeking an abortion must be given the option to watch the ultrasound images if she requests an ultra sound to be done. Presently, ultrasounds are done if requested and the woman may watch the images if she desires.

On the House Floor

HB67S1, Health System Amendments, passed the House as amended with a vote of 53 yeas, 20 nays, and 2 absent. Events of note during the debate:

Rep. Wimmer introduced a floor amendment, adding language that defined federal health system reform:

(a) mandates an individual to purchase health insurance;
(b) mandates a small employer to provide health insurance coverage for employees;
(c) imposes penalties on small employers who do not provide health insurance for their employees;
(d) expands the eligibility for the Medicaid program or the Children's Health Insurance Program, and passes the cost of that expansion to the state;
(e) creates new insurance coverage mandates; and
(f) creates a new government run, public insurance program.

Rep. Litvack proposed a substitute motion to approve the amendment but delete item (d). He said that it would go against one of the original goals of Utah’s health reform task force: to maximize public programs to better serve all Utahns. The substitute amendment failed and Rep. Wimmer’s amendment passed as written.

During the floor debate, Rep. Riesen opposed the bill, saying he feared the refusal to accept Medicaid would cost lives. He also said the passage of federal health care reform was still not a sure thing.

Rep. Wimmer replied that more loss of life would be likely under socialized medicine. He also said it would be petty of the federal government to withdraw Medicaid funds.

Rep. Reisen also asked about ignoring the bill’s legislative review note. The legislative review note is provided by the Office of Legislative Research and General Counsel and details potential constitutional conflicts in a bill. The HB 67S1 note indicates a number of conflicts with both the state and federal Constitutions.

Rep. Wimmer responded that he considered this note a “badge of honor.”

Rep. Moss moved a substitute bill, HB 67 Substitute 2. It would have set bench marks that state health care reform needed to reach before opting out of federal heath care reform. The substitute failed after Wimmer called it a message bill, unlike his bill which calls for action.

Rep. Mascaro also spoke out against HB 67 on constitutional grounds, citing the legislative review opinion that the bill may violate the powers of Utah’s Executive Branch in Article V, Section 1 of the Utah Constitution:

“The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.”

Note: NO LEGISLATIVE MEETINGS NEXT MONDAY, IT’S PRESIDENT’ S DAY.

And on Sunday the League will celebrate Valentine’s Day AND our 90th Anniversary.

Sandy Peck