Utah Matters
Brad Daw - Legislature Week 5 PDF Print E-mail
Written by Micah Olson   
Wednesday, 02 March 2011 03:57
H.B. 106 Substitute
    Electronic Meetings Revisions
 
 H. B. 106 having passed the House with sixty-nine yes votes and zero no votes and put on the consent calendar of the Senate I can say we are heading in the right direction. This bill modifies provisions of the Open and Public Meetings Act relating to electronic meetings. We cannot be left behind in what is now a technological era. What this bill does is that it establishes a pilot program for charter schools to conduct electronic meetings. The Bill explains in depth what regulations have been put in place in this meeting. For those of you who are familiar with Facebook, it is similar to the post and comment system that Facebook uses. I was appreciative of the support and hope that we can all take full advantage of what I believe to be a simpler access to the future.
 

Week 5
The Utah Legislature was closed on Monday due to the nationally celebrated holiday of President’s Day. On Tuesday, Senator Mike Lee visited the House chambers and spoke on his proposed balanced budget amendment, solving the national debt crisis, and fighting the effort to raise the debt ceiling.
 
 These Bills passed the House this week:
 
HB 19 Insurance Law Related AmendmentsSponsored by Rep. Jim Dunnigan(R –Taylorsville)Addresses fees for captive insurance companies, grace periods for accident and health insurance policies and modifies provisions related to individuals, group, or blanket accident and health insurance coverage.HB 48 Fingerprints of JuvenilesSponsored by Rep. Jeremy Peterson (R –Ogden)Requires fingerprints and photographs of juveniles to be taken and stored if admitted to a detention facility for an offense that would be a felony if committed by an adult.HB 76 Federal Law Evaluation and ResponseSponsored by Rep. Ken Ivory (R –West Jordan)Creates a Federalism Subcommittee within the Constitutional Defense Council to evaluate federal law, make recommendations to the governor to respond to federal law.HB 77 Medical Assistance AccountabilitySponsored by Rep. David Clark (R –Santa Clara)An inspector general of Medicaid services or director of Office of Internal Audit & Program Integrity will oversee the presiding officer in administrative appeal proceedings relating to Medicaid funds or services.HB 78 Developer FeesSponsored by Rep. Mike Morley (R –Spanish Fork)Requires a municipality or a county to establish a fee appeal process and enacts provisions related to a provider of culinary or secondary water that commits to provide a water service required by a public land use application.HB 94 Income Tax Credit for Combat Related DeathSponsored by Rep. Merlynn Newbold(R –South Jordan)Provides a nonrefundable individual income tax credit for a combat related death.HB 99 Motion Picture Incentive AmendmentsSponsored by Rep. Greg Hughes (R –Draper)The governor’s Office of Economic Development may issue tax credit certificates annually as incentives for motion picture productions and digital media projects within the state.HB 106 Electronic Meetings RevisionsSponsored by Rep. Brad Daw (R –Orem)Established a pilot program for charter schools to conduct electronic meetings that establish time limits on the electronic meetings, prohibit closed meetings and provide a method for public notice/participation.HB 115 Mechanics’ Liens AmendmentsSponsored by Rep. Mike Morley (R –Spanish Fork)Establishes a procedure for perfecting and enforcing liens and provides for the priority of the liens. Also provides that a person who knowingly falsifies information for the purpose of obtaining priority of a preconstruction service lien is guilty of a misdemeanor.HB 116 Guest Worker Program ActSponsored by Rep. Bill Wright(R –Holden)Creates a Guest Worker Program which establishes eligibility criteria, application/renewal process, addresses English proficiency and creating an identification database.HB 128 Health Reform AmendmentsSponsored by Rep. Jim Dunnigan (R – Taylorsville)Requires Health Data Authority to publish comparative data about physician and clinic quality by October 1, 2001. Requires group health benefit plans to have reasonable plan premium rates and to comply with standards established by the Insurance Department.HB 143 Ballot Placement AmendmentsSponsored by Rep. Steve Eliason (R –Sandy)Requires election officer to list candidates on the ballot for each office through random selection. The Lieutenant Governor needs to identify the order for listing candidates for the current year and the next year, and also exempts ballot order requirement for those running unopposed.HB 152 School Community Councils AmendmentsSponsored by Rep. Bill Wright (R –Holden)Requires an election for the parent or guardian members of a school community to extend for a period of at least three consecutive school days and begin no later than 30 days after the first day of the school year. Also requires a principal to provide notification of a school community council election at least 21 days before the beginning of an election.HB 162 Pedestrians on FreewaysSponsored by Rep. Lee Perry(R –Perry)Prohibits a pedestrian from walking along or on a no access freeway facility except during an emergency.HB 165 State Reimbursement for Required Medical Services ActSponsored by Rep. Chris Herrod (R –Provo)Establishes what costs can be reimbursed, creates an application process to obtain reimbursement and requires the creation of a plan to assert or litigate an obligation by the federal government to repay the money reimbursed by the state.HB 172 Service Animal AmendmentsSponsored by Rep.  Keith Grover(R –Provo)This bills changes the definition of a “service animal” to follow he federal definition.HB 173 Dedication and Abandonment of Public HighwaysSponsored by Rep. Kay McIff(R –Richfield)Provides that dedication of a highway to the use of public does not require an act of dedication or implied dedication by the property owner.HB 174 Contracting for Medicaid Eligibility Determination ServicesSponsored by Rep. Wayne Harper (R –Layton)Requires the study of the state’s eligibility determination system for Medicaid to determine whether consolidation of the system or privatization would create greater efficiencies.HB 176 Audit of State BudgetsSponsored by Rep. LaVar Christensen(R –Draper)Requires the Office of Legislative Auditor General to audit entities in the executive branch as directed by the Legislative Audit Subcommittee.HB 210 Animal Cruelty AmendmentsSponsored by Rep. Curt Oda (R –Clearfield)Allow for the human killing of feral animals in unincorporated areas of a county where hunting is not prohibited, if the person has a reasonable belief that the animal is a feral animal.HB 183 School District Leave PoliciesSponsored by Rep. Keith Grover(R –Provo)Prohibits a local school board from granting paid association leave for certain employee association or union duties.HB 250 State Emblem of Service and SacrificeSponsored by Rep. Merlynn Newbold (R –South Jordan)Designates the “Honor and Remember” flag as the state’s emblem of service and sacrifice as a visible reminder of the lives lost by members of the United States Armed Forces in defense of our national freedoms.HB 253 Employment of Unauthorized AliensSponsored by Rep. Chris Herrod (R –Provo)Enacts the Employment of Unauthorized Aliens Act including; addressing construction and compliance with federal law, prohibiting the knowing/intentional employment of unauthorized aliens and requiring the certification of employment eligibility.HB 256 Children’s Health Insurance and Medicaid Administrative SimplificationSponsored by Rep. Jim Dunnigan (R –Taylorsville)Requires the Department of Health to apply for grants to fund a simplified enrollment and renewal process for Medicaid, Utah Premium Partnership, and Primary Care Network Demonstration Project programs.HB 259 County Recorder RevisionsSponsored by Rep. Curt Webb (R –Logan)Authorizes a county recorder to examine and receive a fee for recording documents.HB 272 Indigent Defense Act AmendmentsSponsored by Rep. Kay McIff (R –Richfield)Changes the definition of compelling reason and requires the court, when making a determination of indigency, to consider the reasonableness of fees/expenses charged by privately retained defense counsel.HB 275 School district Division AmendmentsSponsored by Rep. Ken Sumsion (R –American Fork)Requires a new district and remaining district to continue to impose for five years tax levies that were imposed by the divided school district if the property tax base per student of the new district is greater than the property tax base in the remaining district.HB 305 Midterm Vacancies in Municipal OfficesSponsored by Rep. Kraig Powell (R –Heber City)Repeals a provision that prohibits a member of a municipal legislative body from participating in the process to fill a vacancy in the mayor position if that member is being considered to fill the vacancy.HB 318 Money Management Act AmendmentsSponsored by Rep. Jim Bird (R –West Jordan)Requires that fixed rate corporate obligations and variable rate securities be senior unsecured obligations of the issuer to be an allowable investment for public funds. Also extends the allowable remaining term to final maturity for certain first tier commercial paper to 365 days or less.HB 324 HIV Testing of Alleged Sex OffendersSponsored by Rep. Richard Greenwood (R –Roy)A defendant charged with a sex offense shall be tested for HIV upon the request of the victim. If the defendant is a minor charged with a sex offense, the minor shall be tested for HIV upon the request of the victim.HB 331 Post-employment Benefits AmendmentsSponsored by Rep. John Dougall (R –American Fork)Creates the Elected Official Post-Retirement Benefit Trust Fund for the purpose of investing the governor and legislator postemployment healthcare benefits.HB 333 Unfair Inducements Related to Insurance ProductsSponsored by Rep. Jim Dunnigan (R –Taylorsville)Prohibits inducements by a licensee/officer/employee of a licensee, and also lists activities that constitute or do not constitute a prohibited inducement.HB 334 Family Expense AmendmentsSponsored by Rep. Stephen Sandstrom (R –Orem)Allows a creditor to collect reasonable collection costs and attorney fees incurred in collecting a debt under the family expense stature.HB 335 Military Survivors – Tuition WaiverSponsored by Rep. Mike Morley (R –Spanish Fork)Provides that a Utah resident or nonresident dependent of a Utah resident or nonresident decease member of the Utah National Guard may receive a higher education tuition waiver.HB 336 Medical Professional Licensing During a Declared EmergencySponsored by Rep. Evan Vickers (R –Cedar City)Authorizes the Department of Health to establish a protocol for the distribution of medicine in a national, state, or local emergency.HB 375 Security Personnel Licensing Act AmendmentsSponsored by Rep. Ken Ivory (R –West Jordan)Provides that a person holding a valid license as an armed private security officer may also function as an unarmed private security officer without the additional license.HB 379 Nonjudicial Foreclosure of Trust DeedsSponsored by Rep. Curt Webb(R –Logan)Modifies a provision containing requirements for a notice of default relating to a nonjudicial foreclosure of a trust deed and requires the notice of default to include specified information.HB 399 Environmental Litigation BondSponsored by Rep. Mike Noel(R –Kanab)Requires a plaintiff to post a bond receiving a preliminary injunction or administrative stay, and requires an unsuccessful plaintiff to pay damages to defendants to, are harmed by a preliminary injunction or administrative stay.HB 440 Beer Tax AmendmentsSponsored by Rep. Val Peterson (R –Kanab)Modifies formula to determine the amount of revenue collected from the beer tax to be deposited into the alcoholic Beverage Enforcement and Treatment Restricted Account.HB 489 Housing Authority Application ProcessSponsored by Rep. Gage Froerer (R –Huntsville)If there are two or more housing authorities established in a county of the first or second class, then those authorities shall create a uniform online application for their housing choice voucher program with links to each of the housing authorities within the county.HR 1 House Rules Amendments ResolutionSponsored by Rep. Jim Dunnigan (R –Taylorsville)Any action taken by a standing committee while the House is in session is invalid unless properly authorized. Establishes conditions to move to the next agenda item, eliminates motions to postpone time certain or day certain items.HCR7 Concurrent Resolution Supporting Public Policies That Promote Outdoor Activities for ChildrenSponsored by Rep. Jack Draxler(R –North Logan)This resolution expresses support for increased participation by children in outdoor activities and supports policies that promote outdoor activities for Utah’s children.HCR16 Resolution Supporting Utah Highway Patrol Use of White Crosses as Roadside MemorialSponsored by Rep. Lee Perry(R –Perry)Expresses continued support for the Utah Highway Patrol’s placement of white crosses, or other appropriate symbols as requested by the family of a deceased patrol officer, as memorials to highway patrol officers who have been killed in the line of duty.SB 16 State Tax Commission Tax, Fee, or Charge Administrative and Collection AmendmentsSponsored by Rep. John Dougall(R –American Fork)Renames the Sales and Use Tax Administrative Fees Account to the State Tax Commission Administrative Charge Account. It also addresses the frequency with which certain taxes, fees, or charges are required to be paid to the State Tax Commission.SB 50 Enhanced Penalties for HIV Positive Offender AmendmentsSponsored by Rep. Brad Wilson (R –Kaysville)An HIV positive person engaged in prostitution, patronizing a prostitute, or sexual solicitation, and who is HIV positive, is guilty of a third degree felony. A person who has tested HIV positive shall be notified of test results in person by a law enforcement agency, Department of Corrections, or Department of Health.SB 58 Crime Victims Reparations RevisionsSponsored by Rep. Brad Wilson (R –Kaysville)Changes name of the office to the Utah Office for Victims of Crime, modifies existing membership of the board to include a victim advocate, and defines the duties and functions of assistance officers.SB 92 Private Security ServicesSponsored by Rep. Keith Grover (R –Provo)Requires that law enforcement agencies establish a written policy regarding peace officers working as security officers while off-duty including the issue of financial responsibility.SB 101 Utah Uniform Securities EnforcementSponsored by Rep. Jim Bird (R –West Jordan)Provides for criminal penalty enhancements and addresses an affirmative defense.SB 110 Driver License Suspension AmendmentsSponsored by Rep. Curt Oda (R –Clearfield)Points may not be assessed against a person’s driving record for traffic violations that occurred in another state on or after July 1, 2011.SB 117 Community Association Act Amendments Sponsored by Rep. Don Ipson (R –St. George)Modifies a provision prohibiting a homeowner association’s governing documents from requiring an amendment to be approved by more than 67% of the voting interests.SB 125 Property Tax Exemption AmendmentsSponsored by Rep. Patrick Painter(R –Nephi)For the purpose of property tax exemption for property used exclusively for educational purposes, which include the physical/mental teaching, training or condition of competitive athletes by specified entities. Provides that a charter school is considered to be a school district.SB 135 Department of Public Safety Duties AmendmentsSponsored by Rep. Eric Hutchings (R –Kearns)Removes from the duties of the Department of Public Safety the requirement that it maintain a database to officers’ checks of driver licenses and state identification cards that includes the name, race, and gender of officer and person whose license was checked.SB 136 Boating AmendmentsSponsored by Rep. Ronda Menlove (R –Garland)Grants the Board of Parks and Recreation rulemaking authority to make rules establishing regulations for anchored, beached, moored, and abandoned vessels. Repeals requirement that a motorboat registration that has been revoked may not be renewed for one year and specifies the requirements for a motorboat registration to be renewed after revocation.SB 142 Public Official Contact InformationSponsored by Rep. Carl Wimmer (R – Herriman)Requires a community council member to have a telephone number, email address if available where the member can be reached. This information if public under the Government Records Access and Management Act.SB 143 Judiciary AmendmentsSponsored by Rep. Kay McIff(R –Richfield)Permits a person to be a candidate for more than one justice court judge office and requires an appointee or candidate to more than one justice court office to pay a filing fee for each office.SJR 12 Joint Resolution – ImmigrationSponsored by Rep. Ryan Wilcox (R –Ogden)Recognizes that the United States Congress presently has assumed authority to make immigration policy. Urges Utah’s congressional delegation to sponsor and support legislation to resolve the immigration policy issues facing the nation.SCR 15 Delisting of Wolves Concurrent ResolutionSponsored by Rep. Mike Noel(R –Kanab)Urges the United States Congress to take action to maintain the integrity of the Endangered Species Act by exempting wolves from the Act in every state and allow each state to protect its rural economies, game herds, livestock and pets.
 
Margaret Dayton - Utah Senate Week 5 PDF Print E-mail
Written by Micah Olson   
Monday, 28 February 2011 16:43
Dear Voters in Senate District 15 ~

I hope you all had a great Washington/Lincoln day.  In Utah we don't really
have a Presidents Day.  We have a Washington/Lincoln Day!  Some of us are
old enough to remember when Washington's Birthday was a holiday, and
Lincoln's Birthday was also a holiday.  In the 1980's those birthdays were
combined and a Civil Rights holiday was created in Jan.  That Jan. holiday has been
renamed the Martin Luther King Day in many states, and some states keep
"President's Day" for their Feb. holiday.  In an effort to remember the greatness
of Washington and Lincoln, I created a change in our law a few years ago (and the legislature
approved it) to keep our Feb. holiday as Washington/Lincoln Day.  Interestingly, several states
have a  different title.  In the South, some call the Feb. holiday 'Washington/Jefferson Day'
and some include Robert E. Lee in their recognition.  Okay - that may be more
information than you want - - - but I really want our rising generation to have an
appreciation for Washington and Lincoln - and not think that we have a holiday to
honor all past presidents equally.  How ever you spent your Washington/Lincoln
holiday, I hope you had time to read Washington's Farewell Address and/or the
Gettysburg Address, or did something meaningful to remember those great men.

The biggest news for this week is again, the budget.  The revenue
estimates came on Tuesday.  Just as we had hoped, there will be a slight
surplus in the tax proceeds. This means there will be an additional $34
million in the education budget and $13 million in the general fund that
we can use to add to the base budgets we passed earlier.

The challenge we face now is the remaining structural deficit.  Last
year we budgeted to spend $313 million more than we brought in. We can
do that temporarily, using the Rainy Day Fund and other one-time
funding sources.  But it is not sustainable in the long term, however.

Our goal is to spend less than we collect, which means we will need to
continue to look carefully at what can be eliminated from our budget.
By the same token, each proposed reduction must be tempered with the
reality that there are people who depend on the services and programs
that we might have to cut.  They are truly difficult decisions.

It was heartening to read a report last week showing that 52% of Utahns
surveyed agreed that we should indeed make cuts as opposed to
maintaining our current spending levels.    Here is a link:

http://www.deseretnews.com/article/705367198/Officials-project-47M-new-revenue-for-budget-but-it-wont-be-enough-to-restore-cuts.html


For more on the revenue projections and budget you can look here:

http://www.senatesite.com/home/revenue-estimates/

Senator Mike Lee addressed us on the floor on Tuesday. He reiterated
his concern about the growing federal deficit and subversion of state
responsibility. He said that unless the federal government is required
by a constitutional mandate, as Utah is, to balance its budget, we have
little reason to hope for anything but increasing debt.  I was particularly
appreciative of Senator Lee's willingness to meet with us and talk often.
He acknowledged that prior to the 17th amendment, our U.S. senators were
chosen from the state legislature - and he acknowledged his responsibility
to be connected with the elected officials in this state. 

Medicaid reform is progressing.  Funding Medicaid is a huge budget
issue in every state and has the potential of causing massive financial
problems, even to the point of bankruptcy in some states. Our state is
poised to be on top of the problem, and other states are looking to us
for leadership.  This is due in large part to the leadership of
Sen. Daniel Liljenquist.  Look here for more information:

http://www.senatesite.com/home/medicaid/

http://www.senatesite.com/home/medicaid-2/

One of the other big issues for the week-and one that will continue to
discuss-- is immigration.  
There are many voices in this debate and many perspectives to consider.  
Currently we have 14 bills at various stages in the process, dealing with
immigration. If you would like to look at them and do some comparison
shopping on what you do and don't agree with here is a list:
http://le.utah.gov/search.jsp?Sess=2011GS&String=immigration

We're also discussing Senator Thatcher's strong effort to fix a problem
with the Police Fees in Salt Lake County.  Find a good synopsis on that
problem here:
http://www.senatesite.com/home/thatcherup/

And Senator Valentine's bill on Alcohol Policy passed the senate this
afternoon. Here's a link:
http://www.senatesite.com/home/valentine-alcohol/


As the debates pick up speed, you might enjoy participating on-line.
There are several ways you can join in on what is going on at the
Capitol without actually being here.  
We are on Facebook:
http://www.facebook.com/utahsenate

You can chat with the senate on twitter:
http://twitter.com/utahsenate

Or you can follow the committee meetings and floor debates each day by
listening or watching on:
http://le.utah.gov/

Thank you for being involved in the political process.
On a personal note - my own social media is limited to phone calls
(yes, I still do those), letters (the kind that is paper and is delivered to the mail box on the
road), email, and texting.  My website www.margaretdayton.com and
are maintained and updated by my campaign manager (see picture below)
and my intern.  I feel a need to state this disclaimer to avoid receiving more technological
credit than I deserve - - - but I AM committed to keeping voters update  :)
Me and my campaign manager, Richard.

Yours for freedom ~
Margaret Dayton
 
Utah Legislative Session - Week One PDF Print E-mail
Written by Micah Olson   
Thursday, 17 February 2011 00:31
Dear Neighbor,
 
The 2011 legislative session has officially begun.  Many tough decisions await us as we try and remedy the ill effects of the recession. A strong belief remains that Utah will continue to defeat the odds; but how we handle difficult budget decisions that are before us will ultimately circumscribe the future of Utah’s Fiscal state.  The state is short 313 million dollars to meet on-going expenses. The Legislature will be working diligently to ensure our budget is balanced.
 
January 24th 2011 was the start of the 59th General Session of the Utah State Legislature. Freshman representatives were welcomed and presented as they took the oath of office on Monday. Utah welcomed the first female Speaker of the House, Becky Lockhart. The Governor delivered his State of the State address and emphasized the importance of economic development, public education, and states’ rights.  Here is a summation of the bills that the House passed this week:
 
HB 10 Renewal of Judgment Act
HB 12 Personal Injury Claims by Personal Representative
HB 14 Catastrophic Mental Health Coverage - Sunset Act
HB 15 Controlled Substance Database - Licensing Amendments
HB 20 Accident Responsibility Amendments
HB 21 Statutorily Required Reports Amendments
HB22 Fire Prevention and Fireworks Act amendments
HB 23 Controlled Substance Modifications
HB 24 Clean Fuel Vehicle Decal
HB 25 Mineral and Petroleum Literacy
HB 26 High Occupancy Toll Lane Customer Information
HB 27 Workers’ Compensation Rate Filings
HB 28 Penalties for Unauthorized Use of Records
HB 29 Business Entity Mergers
HB 34 Departments of Transportation Settlements Agreement Amendments
HB 35 Sales and Use Tax Act Revisions
HB 36 Assessment, Collections, and Refunds Act Amendments
HB 37 Determination of State Taxable Income
HB 38 Severance Tax Amendments
HB 39 Water Rights Amendments
HB 43 Errors and Omissions Coverage for Insurance Producers
HB 45 Vehicle Impound Amendments
HB 52 Limitation of Actions -Criminal Offenses
HB 56 Expungement Amendments
HB 57 Joint Professional School of Veterinary Medicine
HB 186 Utah Code Technical Amendments
HB 187 State Fire Code Appeals
HB 188 Labor Commission Related Amendments
HB 192 Controlled Substances Advisory Committee Amendments
HB 194 Service Contracts Act Amendments
HB 209 Workers’ Compensation Premium Assessment
HB 215 Fatality Review Act Amendments
HB 217 Appointment of Director of the Division of Health Care Financing
HB 218 Clubs in Public Schools
HB 219 State Firearm Designation
 
Brad Daw - Week Four UT Legislative Session PDF Print E-mail
Written by Micah Olson   
Tuesday, 22 February 2011 17:15

Immigration:
Dear Neighbor:
This has been a week of hard decisions and vigorous debate on the issue of illegal immigration. I’ve had several spirited conversations with my colleagues and with constituents. I’ve found myself strongly against a given proposal and later all for it, sometimes in the same day. There are great reasons to be fully in favor of most every proposal being offered and great reasons to be against them. To quote Dickens: "It was the age of wisdom, it was the age of foolishness…it was the season of Light, it was the season of Darkness.”

Read more...
 
Utah Legislative Session - Week Three PDF Print E-mail
Written by Micah Olson   
Thursday, 17 February 2011 00:38

From Brad Daw -

Week 3 Summary
We kicked off week 3 with a visit from Congressman Jason Chaffetz. Congressman Chaffetz addressed several issues ranging from the national debt to illegal immigration. Congressman Chaffetz spoke of the dangers encumbering our national security, which is a debt that is growing by almost $4 billion a day, which is about a third of Utah’s State budget.

Read more...
 
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