Tuesday, March 9, 2010

WHAT’S HAPPENING TODAY

Both the House and Senate begin floor debate at 9 this morning, take a break for caucus lunch discussions, and resume debate from 2 to 4. Executive Appropriations meets at 4:10.  Extra floor sessions from 5 p.m. until as late as needed are also possible. The House will vote on 28 Senate bills and the Senate has 45 House bills on its list.
 
IN THE HOUSE
         A big budget bill, HB2 – Fiscal Year 2010 and Fiscal Year 2011 Supplemental Appropriations is up for discussion. HB2 increases or reduces amounts already appropriated for government programs for this fiscal year and the next. Two amendments have been proposed and more are likely.  One says the Legislature intends that the Department of Health establish a Medicaid outpatient fee schedule for each of the following types of facilities: rural hospitals, urban hospitals, and ambulatory surgical centers.  The other amendment deletes instructions from last year for allocating federal stimulus money.          
         Also before the House is SB157 . It increases from $10,000 to $25,000 the amount of litigation expense a small business can recover from the state.
          SB242 would extend tax credits for “renewable” energy development to “alternative” energy development .  “Renewable energy” is defined as solar, wind, geothermal, biomass and hydroelectric. “Alternative energy” would include petroleum coke, shale oil, uranium tar sands and oil-impregnated diatomaceous earth as well. The bill renames the Renewable Energy Development Act to the Alternative Energy Development Act.  The revenue lost annually by expanding the tax credit subsidy to non-renewable resources would be $5 million in the short run and in the long run could be up to $360 million.
 
BILLS IN THE SENATE include:
HB318, which expands a revolving loan fund for energy efficiency to allow local government entities, including school districts, to make their buildings more efficient.  The Board of the Geologic Survey would make rules for awarding the loans.
Two state - eminent domain - over- federal property bills, HB143 and Substitute HB324 are on the Senate’s list. HB143 authorizes the state to exercise eminent domain authority on property owned by the federal government.  
HB324 moves $1 million from a Land Exchange account to a Constitutional Defense account to pay for eminent domain litigation that would help the state manage school and institutional trust lands on federal property. Both bills have long notes from legislative staff explaining that they are likely unconstitutional.  
 

WHAT HAPPENED MONDAY?
In the House
Kathy Van Dame reporting

Rebecca Edwards (R-NSL) presented HB153 Recycling of Electronic Items to
enable Utah to capture the portion of a recycling fee that is collected by
manufacturers in the purchase price.  Other states currently benefit from
these fees and these states with e-scrap programs do not pay more.  There was a very
lively debate with questions about timing, current recycling practices and
fees, Department of Environmental Quality involvement.  A successful amendment was offered by Rep Wayne Harper (R-WJ)  to add 2nd class counties to the 1st class counties in the bill.

HB 153 passed the House 47-26-2.

    HB153 Substitute Recycling of Electronic Items Rep.  Becky Edwards
(R-NSL),
       http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0153s02.htm < http://le.utah.gov/%7E2010/htmdoc/hbillhtm/hb0153s02.htm >

Also in the House
Sandy Peck Reporting

*HCR17 – Concurrent Resolution Opposing the Use of Presidential Power to Create New National Monuments in Utah*,
sponsored by Representative Michael Noel (R- Kanab) passed the House 63-11-1.  Arguments for the bill centered around using the federal Antiquities Act which can be used by the President alone to establish a monument, as was done when President Clinton established the Grand Staircase Monument. Rep. Noel explained that the Antiquities Act intends monuments to be confined to the smallest area needed to protect a threatened area of historic or scientific interest, not large areas like the San Rafael Swell and Cedar Mesa – or Grand Staircase.  Several speakers criticized the federal government for closing off development of natural resources that could fund public education. Representative McIff said it’s offensive to close a huge chunk of land if the only standard is driving up in your car and saying it looks beautiful, without considering mining, timber and recreation access.

 
Another point of contention was that the President alone can create a monument without sufficient analysis.  This is described in HCR17 as an “unchecked exercise of power concentrated in the President. . .(that) essentially coronates the President, giving him the ultimate ability to determine the fate of nearly 70% of the entire state with the mere stroke of an unchecked presidential pen.”  [Ed. Note:  Wow.] Rep Litvack spoke against this “fiery rhetoric.”  Rep Kerry Gibson (R-Ogden) said HCR17 is described as a “message” bill, but resolutions are an important way for constituents to tell Congress what it needs to hear.

 

The House also passed *First Substitute HB 286* *– Retirement System Divestment* sponsored by Representative Julie Fisher (R- Fruit Heights) 39-31-2.  It requires the state Retirement Office to prevent future investment of retirement funds in Iran’s petroleum sector.  Several representatives were concerned about a possible annual loss of $9 million in retirement funds, especially in this economy.  Although they approved the political statement being made, some were not sure the action would actually affect Iranian behavior.

 

*HR 4 – Resolution Urging Ratification of the Comprehensive Nuclear Test Ban Treaty, *sponsored by Rep Jennifer Seelig (D-Salt Lake), passed the House. Rep Seelig explained that the treaty, signed in 1986, won’t affect stockpile effectiveness or nuclear power but applies only to explosion of weapons.  The U.S. could withdraw if U.S. sovereignty were affected.  She cited growing support for the treaty from Republicans Henry Kissinger, George Schultz and Brent Scowcroft.  All comments on the floor were favorable, mentioning health effects, personal experience and loss of family and friends due to fallout from the Nevada Test Site.  HR 4 passed 72-0-3.

 

Sandy Peck