Tuesday, March 2, 2010

WHAT’S HAPPENING TODAY

Today floor debate is 9 to noon and 2 to 4. Morning committees will be short, from 8 to 9, or begin as early as 7:00. Afternoon committees meet from 4 to 5. And it's caucus lunch day.

At noon the SENATE ETHICS COMMITTEE discusses House Joint Rule 14 and HB270.
HJR14 requires legislators to file financial statements listing conflicts of interest before the session. The statements would go on the Internet as well.
Under HB270, candidates for the legislature and statewide offices would file financial disclosures before running for office and after being elected. An official action that was a conflict of interest could draw
criminal penalties, if the conflict had not been included in the disclosure and not declared at the time of the action.

IN MORNING COMMITTEES

HOUSE EDUCATION, meeting at 7:00, will consider HB149. It removes the cap on charter school enrollment if the Legislature appropriates funds to cover the increase. Removing the cap is a condition for participating in a new federal education improvement grant. HB295 is also before the committee. It authorizes local school boards for fiscal year 2010-2011 only, to use proceeds from a property tax increase for teachers' salaries.

SB277 is before SENATE JUDICIARY, LAW ENFORCEMENT AND CRIMINAL JUSTICE. It requires law enforcement to collect DNA specimens from suspects booked for violent crimes. A $150 collection fee would be due if the person was convicted.

SENATE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT is looking at canal safety bills. Substitute HB298 asks canal companies to give contact and location information to towns they operate in. In turn, local land use authorities must inform canal companies of planned developments within 100
feet of the canal. Substitute HB60 requires canal companies to share information with municipalities and counties and to have a promptly adopted management plan as a condition of receiving state money.

IN AFTERNOON COMMITTEES

HOUSE TRANSPORTATION will discuss SB113, which prohibits cell phone use by under-18 drivers. Enforcement would be secondary, that is, applied only when the driver had been pulled over for another offense.

HOUSE NATURAL RESOURCES AGRICULTURE AND ENVIRONMENT will discuss Substitute
SB51- Bioprospecting. It insures state royalty rights when small, unique critters are discovered that can do things like turn algae into energy or oil shale into natural gas.

WHAT HAPPENED MONDAY?

House Ethics Committee Discussions

Alice Steiner Reporting

SJR3, which was represented as originating in the Interim Ethics Committee, is a resolution (or rule) establishing the independent ethics commission and outlining the process that it is to follow when investigating ethics complaints to determine if there is a "preponderance" (interpreted as 51% by 4 of 5 commission members) of the evidence to forward the complaint for final adjudication by a legislative
ethics committee.

After testimony by Utahns for Ethical Government indicating that the bill does not create a truly independent ethics commission, Rep. King suggested that the UEG petitions would not pass constitutional review because the state constitution says that the legislature must determine the qualifications of its members. Dixie Huefner representing UEG did not buy this argument, saying that the
independent ethics commission is only advisory, and that one should differentiate between the intent of the constitutional language ("qualifications of legislators") and judging whether an action is
right and wrong. The committee also discussed the meaning of "actual knowledge" which a citizen must have to file an ethics complaint. It was explained that actual knowledge requires first-hand knowledge,
i.e., not hearsay. The committee passed out the resolution favorably on a 7-0-0 vote.

SB136-2ndSub: Open Meeting aspects of the independent ethics commission. The bill has changed from the original proposal due to discussions with the media coalition. It states that an ethics commission meeting may be closed for review or deliberations on an ethics complaint. It must be open for normal business, i.e. electing a chair, approving minutes, etc. The bill passed out unanimously.

SB138-Substitute: GRAMA and ethics commission and legislative ethics committee records. Records remain private except the summary report created by the commission, unless opened by legislative rule. The bill passed out unanimously.

Note that Reps. David Litvack and Phil Riesen were in the audience.

In HOUSE GOVERNMENT OPERATIONS

Kathy Van Dame Reporting

The committee stayed over 1 hour late to hear HB153 Substitute Recycling of Electronic Items.
The sponsor, Rebecca Edwards (R-NSL), said that Utah is one of 18 states that doesn't capture the portion of recycling fee that is collected by manufacturers in the purchase price. Other states
currently benefit from these fees, states with e-scrap programs do not pay more. HB 153
initially applies only to first class counties, but others can opt in. Washington County is interested.

Tom Bingham of Utah Manufacturers Association spoke strongly against. Dorothy Adams, Salt Lake Valley Health Department, Craig Moody, Waste Management, Brad Murtz, the Recycling Coalition & several others spoke in favor.

Rep Neil Hendrickson (D-WVC) moved to pass favorably and the committee voted approved unanimously (8-0-2)

HB 153 Substitute Recycling of Electronic Items, Rebecca Edwards (R-NSL)
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0153s01.htm.

In HOUSE GOVERNMENT OPERATIONS

Gigi Brandt Reporting

A Campaign Finance Bill, HB329, was introduced in House Gov Operations. It was the bill limiting contributions that the Commission on Strengthening Democracy had recommended. Rep Craig
Frank, who was on that commission was to introduce the bill but announced that he could not do it
because his constituents were against it. Rep Ben Ferry then introduced it, saying it was part of the ethics bills package. Frank then introduced a substitute bill that weakened it slightly and eliminated contribution limits. He argued that the bill trod on free speech guaranteed by the first amendment and that limitations were arbitrary figures. He said that Governor Herbert was against campaign finance limitations. Ferry noted that there was another problem that they had been made aware of 30 minutes earlier which would be dealt with on the floor. Rep. Ferry seemed surprised at Rep.Frank's actions. The Substitute was approved 9-0-1.

Sandy Peck