Thursday, March 4, 2010

WHAT'S HAPPENING TODAY

The final week of the session begins today.  Standing committee meetings are over.  Floor sessions will be from 8 am to noon and from 2 to 5 pm. And it’s caucus lunch day.

A Rainy Day Rally will be at 4:30 in the Rotunda.  Citizens with umbrellas plan to ask legislative leadership to use more of the Rainy Day Fund to meet budget needs.

 EXECUTIVE APPROPRIATIONS meets at 5:15 to consider HJR 32, which approves the final settlement in the Pelt v. State of Utah case.  The state was sued by Utah Navajos alleging violation of the state’s responsibility as trustee to administer the Utah Navajo Trust Fund. It has agreed to pay $33 million over the next three years. Settlements of more than $1 million require the Governor’s and Legislature’s approval.

IN FLOOR SESSIONS TODAY

Hundreds of bills have passed committee.  Some are listed on floor calendars in the House and Senate, about 80 in the House and 115 in the Senate today.  Yesterday and today, the House is debating Senate bills and the Senate is debating House bills. 

IN THE HOUSE

 Near the top of their Senate bill list, is SB 113, banning cell phone use by minors while they’re driving. The Senate amended SB 113 to make enforcement secondary, applied only when the driver’s pulled over for another offense.

 Third Substitute SB 145, Medical Malpractice Amendments, sets a $450,000 cap on non-economic medical damages. Also, if a pre-litigation panel finds the suit lacks merit, an affidavit of merit from a health care professional is required to proceed with the suit.  The Senate added a statement to SB 145, saying they intend to stand down from further changes for four years in order to give health care reform a chance to work. 

IN THE SENATE

 The Senate has two lists because they vote twice on each bill. They already voted once on Substitute HB 67, Health System Amendments so it’s on the Third Reading calendar for today. Senators amended the section that says federal health care reform can’t be implemented in Utah unless the Legislature specifically authorizes it.  The bill now says the Legislature may pass legislation specifically authorizing or prohibiting state compliance.  But they don’t have to before the federal reform takes effect. 
 

WHAT HAPPENED WEDNESDAY?

In the House

Sandy Peck Reporting 

The House passed second substitute SB 275, Removing Signature from Initiative and Referendum Petition (H. Stephenson, R-Draper).  2SSB 275 repeals the requirement that a voter must submit a notarized statement to the county clerk in order to have the voter's signature removed from a statewide initiative and referendum petition. 

Instead, a signed statement with name, address, last 4 digits of the voter's Social Security number and driver license or identification card number can be submitted. The bill makes it easier for initiative petition signers to remove their names, which can be done until May 15, a month after the April 15 deadline for turning in signed petitions.  

This discrepancy in deadlines, already in the law, was a major point of contention.  Rep Brian King ( D-Salt Lake ) proposed an amendment to make April 15 the deadline for both signers and un-signers.  He said groups without the best interest of the public can use the time to target signers for removal.  Rep Kay McIff (R-Richfield) also mentioned this opportunity for the other side to work the streets for an extra month.  He said every election has a deadline; an absentee voter can’t call in to ask that his ballot not be counted. 

House sponsor Rep. Carl Wimmer (R-Herriman) responded that most signatures come in the last two weeks and late signers should have the same rights as early signers.  He said the reference to “groups not acting in the best interest of the public” assumes that those running an initiative always are acting in the public’s best interest.

The amendment narrowly failed, 34-38. 

SSB 275 has another provision that sparked debate.  It takes effect immediately when the Governor signs it if it passesby 2/3^rd in House and Senate.  This means the rules will change “in the middle of the game” for the 5 groups now trying to get signatures on their petitions by this coming April 15, including the legislative ethics and redistricting petitions. Rep. David Litvack ( D-Salt Lake ) said that although he is not an ethics initiative supporter and recognizes the legislature’s progress on ethics legislation, he thinks that changing the rules in the middle of the game will be seen as unfair by the public.

Rep Greg Hughes (R-Draper) said we have had a major change in signature collection already, collecting signatures on line, and initiative proponents think this change is ok.  He asked if someone added Senator Stephenson’s name on line, would he be able to take it off.

Rep Mike Morley (R-Spanish Fork) noted that in some areas, signers would have to travel 40 miles to find a notary public. 

Rep Wimmer said in summary that the bill corrects an injustice and doesn’t throw roadblocks in the way of the constitutional right to initiate by petition. He was using language similar to the League’s.  But our argument regarding roadblocks in the way of the constitutional right to initiate legislation was that making it easier to remove signatures and therefore keep an issue off the ballot can deprive all voters of that right.  We think the fairer alternative for opponents of initiatives, as mentioned by Rep Sheryl Allen (R-Bountiful) is simply to vote NO in November. 

 2SSB did pass, again narrowly by two-thirds 50-24.  The vote was largely party line but Republicans Sheryl Allen, Becky Edwards (R-Bountiful) James Dunnigan (R-Taylorsville), and Ronda Menlove (R-Garland) voted no.  Two Democrats voted yes:  James Gowans (D-Tooele) and Neal Hendrickson ( D-West Valley )

Sandy Peck