January 17-21

House of Representatives
2005 General Session
Week One

Resolution Honoring Utah Military Service Personnel (H.C.R. 5)
The first bill to pass the house this session, H.C.R. 5 honors the Utah National Guard members serving in Iraq and Afghanistan. Special attention was paid to the Guard because of their efforts to strengthen and rebuild communities in the war torn areas. A power point presentation, something rarely done in the House chamber, highlighted the Guards humanitarian efforts. Not only did the resolution pass without a dissenting vote, the members of the guard present during the voting received a standing ovation from the Representatives. This resolution passed both the House and Senate and has been sent to the Governor.

Resolution Honoring Searchers (S.C.R. 3)
The tragic murder of Lori Hacking this past summer captured the hearts and attention of the state and the nation. All watched and worried as it became clear that Lori’s body was somewhere in the Salt Lake Valley Landfill. S.C.R. 3 recognizes those tireless efforts of Public Safety, Landfill Personnel, and other volunteers who searched for two months in trying and difficult conditions in order to bring closure and comfort to Lori Hacking’s family. This resolution passed both the House and Senate and has been sent to the Governor.

Resolution Approving Contract for State Capitol Renovation (S.J.R. 5)
S.J.R. 5 allows the Capitol Preservation Board to authorize and pay for the State Capitol’s renovation, even if the amount exceeds what the Legislature has appropriated that year for the project. This resolution aims to make the five year renovation project more seamless, consistent, and of a higher quality by contracting with the same contractors and subcontractors for the entire project. This resolution did not pass without reservation by some Representatives who felt giving such latitude to the Capitol Preservation Board might seem like a blank check for the project. This resolution passed both the House and Senate and has been sent to the Governor.
Mental Health Service Coordinator (H.B. 178)
In a 7-1 vote, the House Health and Human Service Committee recommended legislation that would help some of Utah’s estimated 220,000 deaf and hearing-impaired residents when obtaining medical services, especial mental health services. This bill would create and fund the new position of Mental Health Coordinator with an annual budget of $57,800. The Coordinator would assist the deaf and hard of hearing with locating and receiving mental health services. This measure now advances for consideration before the entire House.

Consumer Sales Practices Act Amendments (H.B. 30)
The House unanimously approved this bill designed to ban the deceptive sales practice of using unsolicited checks to create a contract for the sale of a product or service. Some businesses use these checks to trick the public into unknowingly signing up for a service by not reading the fine print on the checks. The bill was amended to exempt payday loan and other small regulated financial institutions. The measure passed the House and has moved to the Senate for consideration.

Traffic Code Amendments (H.B. 24)
This bill modifies the Motor Vehicles Code by amending traffic provisions relating to insurance information, lighting requirements for slowing moving vehicles, and tinting on rear side windows. This bill makes it mandatory for those involved in a car crash to exchange insurance information and is designed to protect those involved in small accidents where the police to do not respond. If officers are on the scene, the bill allows those involved to give their insurance information to the officer. This bill passed the House and has moved to the Senate for consideration.

School Land Trust Program Funding Amendments (H.B. 43)
A bill removing the cap on the amount of interest and dividends earned on the permanent State School Fund passed unanimously out of the House Education Committee. Currently, the dividends and interest is caped at $12 million. Removing the cap would mean more School Trust Land money could be put into the hands of local school’s community council and turn more control of the spending to communities and parents. This measure now advances for consideration before the entire House.

Family Impact Statements (H.J.R. 2)
This bill, that would have set criteria for a “Family Impact Statements” that would be added to proposed laws, has been held in the House Rules Committee. The impact statements were designed to provide information on how a proposed law would strengthen the stability of a family, affect the authority and rights of parents, and assist the family to “perform its function.” Committee members expressed reservations about making judgments some described as being better left to psychiatrists or sociologists.
Joint Resolution Related to Financial Institutions (H. J. R. 1)
The House has spent several days wrestling with H.J.R. 1, a resolution that would urge Congress to give states the ability to tax federally charted credit unions. An amendment added Friday in a close 40-35 vote changed the resolution to only asking Congress to examine the rulings of the National Credit Union Administration. A final vote on the amended resolution was postponed to give the bills sponsor a chance to review his options. Legislation in 2003 created a taxable non-exempt credit union designation, but all of the state’s large credit unions changed to a federal charter to avoid paying the tax.

January 24-28

House of Representatives
2005 General Session
Week Two

Applied Technology Program Amendments (H.B. 189)
Rep. Ferrin
Local school boards or charter schools are authorized under this bill to allow seventh or eighth grade students to earn additional credit in other subjects in lieu of taking the Technology, Life, and Careers course (TLC), with is currently a Utah core requirement. The TLC class could be replaced with a language arts, mathematics, science, social studies or computer technology class. The bill passed out of the House Education Committee with a 9-4-2 vote and is now being considered before the entire body of the House.

Wildlife License Refund Amendments (H.B. 177)
Rep. Dayton
Hunters, who get sick and are unable to go hunting, would be eligible for a refund of their hunting license fees under this bill. H.B. 177 allows hunters to present a doctors note showing they were sick or injured during the season for which their license or certificate was issued. Licenses for special “once in a lifetime” hunts could be reissued to other hunters. This bill passed the House with a vote of 71-0-4 and has moved to the Senate for Consideration.

Motor Assisted Scooter and Mini-motorcycle Amendments (H.B. 159)
Rep. Dee
H.B. 159 is a proposed ban on mini-motorcycles or “pocket bikes” from public road and sidewalks throughout the state. The bikes would still be allowed to operate on private property. The bill also addresses motor scooters, prohibiting children under eight from operating then on public property and requires direct parental supervision for children up to fifteen years old. The Political Subdivisions Committee voted 8-3 to send the bill to the full body of the House for consideration.
Oral Declaration of Conflict of Interest (H.R. 5)
Rep. Ure
This resolution requires members of the House to orally disclose a conflict of interest when they speak for or against a bill or resolution in committee or on the House Floor. It further requires that the conflict of interest be noted in the committee minuets or in the House Journal. Currently, members of the House must file a Declaration of Conflict of Interest form with the Chief Clark of the House when disclosing a conflict of interest. This resolution would strengthen the rule by stress that a conflict must be declared before speaking either in opposition or support in addition to the disclosure form. This bill passed out of the House Rules Committee with a 10-1-1 vote and is now being considered by the entire body of the House.

Charter School Construction Amendments (H.B. 36 Substitute)
Rep. Ferrin
This bill helps speed construction of charter schools by exempting charter school from local planning and zoning laws. Charter school developers must coordinate transportation planning with local governments and hire a safety inspector to check their work, but they no longer have to undergo the rigors of city planning and zoning reviews. This bill passed the House with a vote of 65-5-5 and has moved to the Senate for consideration.

Tax Treatment of Personal Property (H.B. 53)
Rep. Shurtliff
Owners of motorized mobile homes will be eligible for a property tax break under this bill. H.B. 53 would lower the current 1.5 percent tax rate to 1.25 percent by 2006 and to 1 percent by 2008. This bill is designed to keep Utahns from buying their RVs in other states, like Montana, where they would pay no sales tax. This bill passed the House in a vote of 73-0-2 and now passes to the Senate for consideration.

Amendments to Driver License and Identification Cards (H.B. 223)
Rep. Oda
H.B. 223 seeks to close a loophole that keeps legal immigrants from obtaining Utah drivers’ licenses. Currently, an applicant for a driver’s license must provide either a social security number or an I-10 number, which is issued by the IRS to immigrants working here without questioning their legal status. This bill would allow an applicant to get a driver’s license with proof of citizenship of another country and proof of legal presence in the United States and is intended to serve people such as foreign military personnel or students and their families. The House Rules Committee is currently considering this bill.

Drug Offense Penalty Enhancements (H. B. 55)
Rep. Dee
This bill proposes tougher sentences for repeat drug offenders. Penalties for possession offenses committed subsequent to an offense involving distribution or manufacturing of a controlled substance would result in an increased penalty of one felony degree. Some representatives expressed concern that this measure tied judges’ hands and conflicted with treatment options for drug offenders. In a close vote, this bill passed the House 46-26-3 and has moved to the Senate for consideration.

Second District Juvenile Judge (H.B. 218)
Rep. Adams
The House Judiciary Committee voted 12-0-1 on this bill adding another judge to the 2nd District Juvenile Court, which serves Weber, Davis, and Morgan counties. Judges say the workload placed on the current five judges has caused them to delay hearing for minors who have committed serious crimes. H.B. 218 carries a $245,100 fiscal note that would be used for the new judge’s salary and benefits. This bill is now being considered before the entire body of the House.

Update: Joint Resolution Related to Financial Institutions (H.J.R. 1) Rep. Alexander
This resolution, that urges Congress to take a closer look at the rulings of the National Credit Union Administration on whether federally chartered credit unions may be taxed the same as state chartered credit unions, passed the House this week in a hotly contested 41-34 vote and is now being considered by the Senate.

January 31-Febuary 4

House of Representatives
2005 General Session
Week Three

State Budget Provisions (H.B. 97 1st Substitute)
Speaker Curtis
H.B. 97 is designed to ensure that State government continues to operate even if the Legislature and the Governor are unable to agree on a budget. Currently, if a balanced budget is not reached by the end of the session, the State would shut down July 1st because no monies have been appropriated for the new fiscal year. H.B 97 would ensure that the current level of spending continues until both sides can reach a compromise budget. The bill makes certain that all the various State agencies and departments continue to have the funds to operate at the same budget level as the previous year, though no additional monies would be added to any agencies, departments or programs. This bill pass out of the House Business Committee 10-3-0 and is now being considered by the full body of the House.

Carson Smith Special Needs Scholarships (H.B. 249)
Rep. Newbold
A similar bill last year passed both houses only to be vetoed by then Governor Walker.
This bill creates a program to award scholarships to students with disabilities who attend a private school. Vouchers would range up to $5,455 based on the value of the weighted pupil unit. They will be available to students with disabilities ranging from visual impairment to mental retardation. This bill is currently being considered in the House Rules Committee.

Motion Picture Incentive Fund (H.B. 17)
Rep. Allen
This bill would establish a Motion Picture Incentive Fund to draw television series, TV movies, and motion pictures to the state. H.B. 17 would have $3 million dollar appropriation to entice movie and TV production. Other states and Canada are giving tax breaks to lure film production firms. This bill will help Utah catch a share of the lucrative film industry. This bill passed the House 58-14-3 and now advances to the Senate for consideration.

Criminal Penalty for Animal Cruelty (H.B. 242)
Rep. Wyatt
Currently, the highest penalty an animal abuser can face in Utah is a class A misdemeanor. This bill would make it a third degree felony to torture a pet and would also enhance an animal-cruelty crime if committed in front of a minor. Supporters of the bill claim it will prevent further animal abuses and stop offenders before they move on to harming humans. The House Rules Committee is considering this bill.

Disaster Loan Program (H.B. 240)
Rep. Bigelow
The recently flooding in Washington County received a quick response from Legislators as this flood relief bill was rushed through both houses. The bill provides $25 million in low-interest loans to flood-devastated areas. The state is also providing $6 million in revolving loan funds for water and sewer lines repairs. This bill passed the House with a vote of 73-0-2 and the Senate with a vote of 26-0-3 and has been signed by the Governor.

Implementing Federal Education Programs (H.B. 135)
Rep. Dayton
The House Education Committee unanimously approved this bill for consideration before the entire body of the House. H.B. 135 would give the state’s education goals priority over the federal No Child Left Behind requirements, especially in terms of spending state dollars. The bill also authorizes the state school board to lobby for changes to No Child Left Behind and to study whether No Child Left Behind requires curriculum changes or additional state funding to comply.

Sex Offender Registration Amendments (H.B. 95)
Rep. Lawrence
A select group of predatory juveniles would join the ranks of adult sex offenders on the states Sex Offender Registry under this bill. H.B. 95 would require the Division of Juvenile Justice Services to place on the registry those convicted of serious sex offenses who remain in custody or treatment one month before turning 21. The juvenile offenders would remain on the registry for ten years. If they commit a second sex crime, they would remain on the registry for life. This bill passed the House Judiciary Committee and has moved to the full body of the House for consideration.

Resolution Supporting Permanent Repeal of Federal Inheritance Tax (H.R. 2) Rep. Morley
This resolution requests the members of Utah’s congressional delegation to support, work to pass, and vote for the immediate and permanent repeal of the Federal Inheritance Tax or ‘death tax.’ This tax was repealed as part of President Bush’s tax cuts, but will be reinstated in 2011 if federal lawmakers don’t act. The bill passed the House on a 59-10-6 vote and has advanced to the Senate for consideration.

Divorce Mediation Program (H.B. 4)
Rep. Ferry
The House Judiciary Committee approved H.B. 4 after lengthy debate. This bill expands the current 3rd District Court’s divorce mediation program. Under the bill, every couple would have to attend at least one mediation session as part of the divorce process. Those who believe they have been abused by their spouse can contact the court administrator to ask for a waiver. State court administrators and family law experts said the current mediation program is highly successful. This bill is now being considered before the entire body of the House.

February 8-11

House of Representatives
2005 General Session Week Four

Beginning Teacher Enhancements (H.B. 188)
Rep. Johnson
This bill creates a program to enhance the compensation of beginning teachers and provides money for a teacher-mentoring program. The program is designed to give teachers in the first five years of their career a pay increase, bringing the starting salaries for teachers closer to $30,000. Studies have shown that the high attrition rate of teachers is to due to low pay, large class sizes, and inadequate support. This bill passed the House on a close 38-37-0 vote and is now being considered by the Senate.

Annual Appropriations Act (H.B. 1)
Rep. Bigelow
Republican leadership decided on a new approach to passing the state budget this session. The budget was divided into two parts, the base budget and a supplemental budget. H.B. 1 contains the base budget, which funds programs like Medicaid, Corrections, State Workers, and Transportation. The reason behind dividing the budget into two parts was to remove these essential programs from the budget wrangling that usually takes place at the end of the legislative session. A later bill will address the allocation of the remaining state funds. This bill has passed the House and Senate and is awaiting the Governor’s signature.

Unused Sick Leave at Retirement Amendments (H.B. 213)
Rep. D. Clark
Due to changes in IRS and GASB guidelines, the Legislature must restructure post-employment benefits for public employees. This bill does not affect employees that have already retired, but does create new rules for the accumulated sick leave of current employees upon retirement. Currently, employees have the option of taking 25% of eligible accumulated sick leave in cash. The rest can be converted into health insurance, one month for every eight hours. In accordance with IRS and GASB guidelines, eligible accumulated sick leave accumulated after January 1, 2006 would disburse 25% of eligible sick leave to a 401K account and the remainder to a medical reimbursement plan. This bill passed the House Retirement and Independent Entities Committee in a vote of 6-3-0 and is now being considered by the full body of the House.

Substitute Waste Amendments (S.B. 24 Substitute)
Sen. Bramble
The House and Senate passed First Substitute S.B. 24, which prohibits any entity in the state from accepting B or C low-level radioactive waste. This bill is the result of a joint legislative task force study on the issue of radioactive waste. Also addressed in this bill is an increase in the tax on class A radioactive waste. This bill is now awaiting the Governor’s signature.

Information Technology Governance Amendments (H.B. 109)
Rep. D. Clark
H.B. 109 consolidates information technology services and governance into one department. The existing I.T. governance structure will be phased out over a one-year period and replaced with a more centralized model under the supervision of the Governor’s office. This bill follows a two-year legislative study of I.T. resources by the Utah Technology Commission. The aim of the bill is to eliminate redundancy, increase security, facilitate a more functional state I.T. community, and provide greater benefits and services to state agencies. The bill could potentially save millions of taxpayer dollars as well. This bill has passed the House Public Utilities and Technology Standing Committee and is now being considered by the full body of the House.

Issues Submitted to Voters (H.B. 142)
Rep. Hughes
This bill modifies statewide and local initiative requirements and other ballot measures initiated by means of citizen petition, by requiring fiscal impact estimates before the petitions can be circulated for signature. The bill further authorizes the repeal or amendment of laws when final estimated costs exceed initial cost estimated by 15%. Studies have found that petition signers are usually not well informed about the financial impact of the petitions they sign. For example, Initiative 1 on last fall’s ballot had a $150 million price tag and .05-cent sales tax increase, though few petition signers knew it. The bill passed the House Government Operations Committee with a vote of 10-0-1 and is now being considered by the full body of the House.

Spyware Control Act Revisions (H.B. 104)
Rep. Urquhart
Those annoying pop-ups ads on your computer may be subject to a $500 fine if H.B. 104 is passed. This bill is designed to block the spyware that generates those pop-up advertisements on computers. The spyware is unwanted software downloaded to your computer without your knowledge. The spyware software is difficult to remove, may contain computer viruses, can copy personal information in order to sell to the highest bidder, and slows down the computer. This bill passed the House Public Utilities and Technology Committee with a vote of 10-0-2 and is now being considered before the entire body of the House.

Medical Decisions of a Parent or Guardian (S.B. 83)
Sen. Thomas
The high-profile case of Parker Jensen and the failure of a similar bill to pass last year, have lead to the creation of S.B. 83, which addresses the difficult subject of state agencies intervention in cases involving a parent’s refusal of medical treatment for a child. Under S.B. 83, a parent’s medical decision does not constitute neglect unless the state can prove by “clear and convincing” evidence that the decision was not “reasonable or prudent.” The bill has the support of the Division of Child and Family Services and has passed both the House and the Senate and is awaiting the Governor’s signature.

Tuition Program For Students Seeking Teacher Licensure in Disability or Special Education (H.B. 74 Second Substitute)
Rep. Menlove
Tuition assistance for students seeking a license to teach special education could soon be more readily available if this bill is passed. The bill would broaden the eligibility for tuition loans under the Terrel H. Bell Teaching Incentive Loan programs. A years worth of school loans would be forgiven for every year taught. Speech and language pathologists, as well as upper-level math teachers, would be eligible for the tuition assistance and loan waiver programs. This bill passed the House with a vote of 74-0-1 and is now being considered by the Senate.
February 14-18

House of Representatives
2005 General Session
Week Five

Child and Family Welfare Revisions (H.B. 338)
Rep. Christensen
The House Law Enforcement and Criminal Justice Committee voted 8-3 to send this bill out of committee. This bill would limit state intervention in child protection cases to the “least restrictive means” necessary to accomplish a “compelling state interest.” One major change would be that Guardian ad Litems, attorneys assigned to represent children in abuse cases, would not be routinely assigned. This bill is now being considered before the entire body of the House.

Uniform Parentage Act (S.B. 14)
Sen. Hillyard
Narrowly passing the House with a 38-31 vote, the Uniform Parentage Act addresses the issue of surrogacy; establishing legal standards for determining a child’s paternity, registering of birth certificates, and setting conditions for genetic testing. The House proposed an amendment to the bill to specify that the intended mother or father must contribute to the pregnancy. The Senate consented to the amendments proposed by the House and the bill is now awaiting the Governor’s signature.

Aggravated Murder Amendments (H.B. 297)
Rep. Wyatt
This bill would add serial murders and desecration of a body to Utah’s criminal law that governs capitol murder. Murders that involve sexual abuse, mutilation, or dismemberment of a victim, either before or after death, would qualify for capitol murder. The bill would include serial murders that have killed before, but have not yet been caught and convicted, when they kill again. Passing the House Judiciary Committee unanimously, this bill is now being considered before the entire body of the House.
Appropriation for Highly Qualified Teachers (H.B. 362)
Rep. Holdaway
Federal No Child Left Behind guidelines require that teachers be classified as “highly qualified teachers” or seek National Board Certification. This bill would set aside $300,000 to help teachers defray costs as they seek to meet the guideline requirements. There are currently 1,400 teachers that this bill has targeted to help. H.B. 362 passed the House Education Committee and is now being considered before the entire body of the House.

Integrity of Election Results Amendments (H.B. 211)
Rep. Dougall
Congress passed the Help America Vote Act after the 2000 election scandal in Florida to help reform the voting process. Utah has been promised $28 million to pay for new computerized voting machines that would be used for the first time in 2006. Rep. Dougall’s bill would require each new computerized machine be equipped with a printer that would create a paper record of each vote. The paper record could be used to audit the vote if they were any discrepancies or the machines failed. The bill passed the House on a vote of 66-5-4 and is now being considered by the Senate.

Taxable Value Adjustment for Property Damaged by a Natural Disaster (H.B. 324). Rep. Last
The House Revenue and Taxation Committee passed this bill that would grant property-tax relief to southern Utahns whose homes were swept away by the January floods. About thirty homes were swept away or left severely damaged. None of the homeowners had taken out flood insurance. H.B. 324 requires counties to lower real estate taxes on properties that sustain at least 30 percent loss in value from any natural disaster. The full body of the House is now considering this bill.

Charter School Enrollment (H.B. 136)
Rep. Ferrin
Students, who live within two miles of a new charter school, or in the same city, would be allowed to enroll at the school before other applicants under this bill. The bill’s aim is to reduce the number of cars caught in traffic jams around new charter schools and to give neighbors a community feeling about the school. This bill passed the House on a vote of 52-20 and is now being considered by the Senate.

Redevelopment Agency Changes (H.B. 307)
Rep. Dougall
Redevelopment agencies (RDA) allow cities to use increased property taxes within a limited area to pay for improvements and entice development into economically dead areas. By adding value to such zones, cities can tap more taxes and use the new money to pay off bonds floated to initiate the improvements. RDA’s have come under fire recently, as cities fight with one another to land big-box stores and the increased sales tax they bring. H.B. 307 would require individual taxing entities, such as schools, to choose whether to keep the tax increase or allow their share to go toward the RDA. The House Political Subdivisions Standing Committee is currently hearing this bill.