Week Six Review

Capitol Pic of the Day

The 2016 legislative survey results are available and posted here. Take a look and see how the constituents of House District 31 feel about some of the big issues heard during this session.

Medical Marijuana Update:

This Monday, March 7th, HCR 3, SB 73 and SB 89 will be heard in the House Health and Human Services Committee at 10:00 AM in senate building room 210. Click here to listen live at that time.

Medicaid Update:

Representative Dunnigan’s HB 437 Health Care Revisions was heard on the House floor Friday afternoon. It passed out with 55 yes votes, 17 no votes, and three absent. This bill has the support of many in the community, including Mayor McAdams and Mayor Biskupski. This was a compromise bill that will allow the state to help the most vulnerable in need of health care assistance. It captures homeless individuals, childless adults in extreme poverty, people with mental health and substance abuse challenges and it compliments the Justice Reinvestment Initiative in that sense. The bill has a 70/30 match rate (70 federal/30 state), which will allow the state to have more flexibility to customize the plan to Utah's unique needs, compared to if the state matched less than 30 percent. Hospitals will cover a substantial portion of the 30 percent state share.
    
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SOPHIA'S BILLS (Summary)

HB 289 s1, Charter School Closure Amendments is currently on the senate second reading calendar and should be heard sometime early on Monday. After it passes the third reading calendar, it will be sent to the governor to sign.    

HB 351, Attorney General Fiscal Amendments passed out of the House early in the week and is in the Senate Government Operations and Political Subdivisions Committee. It is on the agenda to be heard on Monday, March 7th at 4:16 PM in Capitol room 415.

HB 397, Department of Administrative Services passed out of the house earlier this week and is in the Senate Revenue and Taxation committee. Click here for more information on the committee.     

SB 56, Nurse Practice Act was heard in the House Education committee on Wednesday (March 2nd). It was heard on the House floor on Friday and passed out unanimously. It is now being sent to the governor for his signature.  

SB 185, Labor Remedy Amendments is a bill that increases damages for discrimination cases in matters of compensation. Increasing the damages in these cases enables the party to be incentivized to keep the case in the state where it can be adjudicated by the Labor Commission, rather than in through federal courts. This provides a more cost effective and more efficient process for both employers and employees. This bill passed out of the Senate and was heard in the House Business and Labor committee on Thursday (March 3rd). It is now on the House third reading calendar and will likely be heard early next week.

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CAUCUS UPDATES

Salt Lake County Caucus

Capitol Pic of the Day

The Salt Lake County Caucus heard about transportation-related bills. Below is a brief summary of the issues discussed.

Transportation

1. Unified Transportation Plan 2015-2014: Andrew Gruber (Wasatch Front Regional Council): Utah is among the fastest growing states in the country and is fifth in the nation for growth percentage since 2010. The Unified Transportation Plan takes into account all of this growth and provides a plan for the state. It looks at the demands on our infrastructure including new road and transit projects. Click here to learn more about Utah’s Unified Transportation Plan.  

2. HB 296 - Transportation Funding Revisions: Rep. Anderson: This bill modifies state sales and use tax earmarks for transportation. The Division of Finance would be required to annually transfer a certain amount of revenue from the Transportation Fund to the Transportation Investment Fund. This transfer of funds would allow for more money to be available for future projects. Overall, this bill brings more honesty to where transportation money is going and what it is doing. This bill passed out of the House and is currently in the Senate Transportation and Public Utilities and Technology committee.

3. HB 209 - Public Transit District Board County Amendments: Rep. Anderson, Sen. Shiozawa: This bill amends the membership of the UTA Board of Trustees. Salt Lake County lost some of its population to the unincorporated areas which changes the dynamics of the board. This bill also allows us to look at the UTA governance. Over the next year, there will be a study to look at the board. This bill passed the house and is currently on the senate second reading calendar.     

4. HB 431 - Affordable Housing Revisions: Rep. Edwards: This bill defines affordable housing as housing that meets the needs of those up to 60% of the annual median income. There are joint plans laid out for areas within half a mile of transit stations. For these transit-supportive development projects, the transit district will work with the metropolitan planning organization, city, and county where the project is located. This is a collaborative effort to create joint plans for these areas. This bill is currently on the house third reading calendar.

5. SB 80 - Infrastructure Funding Amendments: Sen. Adams, Rep. Perry: This bill redirects a certain sales and use tax revenue from the Transportation Fund to the Water Infrastructure Restricted Account. If this bill passes, the amount transferred between accounts would be 1/16%. The 1/16% equals about $35.7 million. If this bill passes, it will take effect on July 1, 2016. This bill is currently circled and on the house third reading calendar and will probably be heard soon.            

Land Use

6. HB 318 - Point of the Mountain Development Commission Act: Rep. Wilson, Sen. Stevenson: This bill creates the Point of the Mountain Development Commission, make up of a 15 member commission which would include appointees from the House, Senate, Governor’s Office, and county officials. The commission will evaluate, study, prepare reports so that they can make recommendations about the future planning and development in the point of the mountain area. The commission will only make advisory recommendations and will not have tax or land use authority. This bill passed out of the house and is currently on the senate second reading calendar.

7. HB 360 - Land Use Amendments: Rep. Brown, Sen. Van Tassell: This bill requires counties and municipalities to publish certain land use ordinance information. Specifically, the counties shall give notice if the proposed land use ordinance enacts stricter requirements or higher standards. This bill passed out of the House and is currently on the Senate second reading calendar.

Online Sales Tax

8. SB 182 - Sales and Use Tax Revisions: Sen. Harper, Rep. McKell:  This bill expands on existing law requirements related to internet sales purchases. There are numerous states that have enacted similar bills and many more are currently in the process. The intent of these bills is to assure congress that almost all of the states are on board. This bill passed out of the senate and is now in the house revenue and taxation committee.

9. HB 235 - Remote Transactions Parity Act: Rep. McKell: Under current Utah law, everyone is already required to pay a sales and use tax on all sales (whether brick and mortar or online). If the tax is not paid at the time of purchase, it is to be remitted as part of one’s Utah income tax return. The problem is that few Utahns are doing the latter, leading to an estimated $180 million lost in uncollected sales tax revenues (in this last year alone). This bill would have online retailers calculate the Utah sales tax during the checkout process, and then remit to the state, bringing consumers into compliance with existing state law and creating market fairness. Rep. McKell is proposing to lower the overall sales tax rate so that it would be revenue neutral and not a burden to the taxpayers. If this bill passes, it would have an effective date of January 1, 2017.  This bill is currently circled on the house third reading calendar.     

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STANDING COMMITTEES

SB 100, Traffic Fines Amendments, also known as the "Mantua bill," has garnered a lot of attention in the press. It requires cities and towns to remit any speeding ticket revenue that is over 25% of their budget. Any amount exceeding 25% would be redirected to the state's General Fund. The committee voted 7 to 1 to hold the bill and return it to Rules.

To check out some other bills, click on one of the committees below.

House Transportation Standing Committee

House Retirement and Independent Entities Standing Committee

House Economic Development and Workforce Services Standing Committee

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APPROPRIATIONS SUBCOMMTTEES

Our House Majority Caucus distributed a budget document that reflected the priorities of each of the appropriation subcommittee chairs. Later, the Executive Appropriations Committee met and distributed the first list (see last list).

Click here for the official February revenue estimates.

Click here for consolidated motions that reflect internal reallocations and intent language for how certain appropriations are to be used.

Click here for the additional one-time and ongoing sources of revenue.

Click here for the long awaited list of items that received funding.

There will be another appropriations bill, called the "Bill of Bills" where bills with fiscal notes get funded, as well as other miscellaneous items that didn't make the first list. I will be sure to post the final list on this blog as well, in an effort to show all of the items that received funding.

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OTHER RELATED CAP HAPS 

On Monday, February 29th I met with a small group of undergraduates and graduate students who belong to the American Nuclear Society (ANS) student section. We discussed the role of nuclear science and its future potential. It was great to meet with such bright and engaged students from BYU, USU, and the UofU.

Also on Monday, February 28th, the House paid tribute to families of fallen Utah soldiers. “We are committed to remembering that the preservation of our liberty comes at a price, and that price is often paid by young men and women who selflessly put themselves in harm’s way to protect the lives of innocent people in lands far from home,” a clerk read from the official citation in part. Rep. Fawson, who served in the military and was deployed in Afghanistan and Iraq, said “I wish to comfort those who still mourn, to give light to those whose pathways may be dark, to offer hope to all who look forward to a brighter day, to echo the voice of those who are no longer with us, and to express love.” “As your lawmakers and your representatives, you need to know that we are here and that we are your voice,” said Speaker Hughes.


On Tuesday, March 1st, I had the honor of inviting Pastor Jaime Moreno and Rich Beaudoin to lead the prayer and Pledge of Allegiance on the house floor. Pastor Jaime is a pastor at Mt. Calvary Family Worship Center in West Valley City.

Thursday, March 3rd, was Girl Scouts Day on the Hill. This is one of the representatives favorite themed days because it means endless Girl Scouts cookies in the kitchens. We recognized four young women for receiving the highest Girl Scouts award. In order to earn their Gold Award these young women completed 30 hours of leadership work, 40 hours of career exploration, as well as executing their own project that has a sustainable impact. These women’s projects included making homestay bags for foster kids, starting a youth reading camp for first to fourth graders, starting a ski and snowboard gear donation program, and designing a coloring book to teach children in Central America about dental hygiene. These women are amazing and we were lucky to be able to host them at the Capitol!

2016 Legislative Survey Results and Status Updates

Capitol Pic of the Day

With only four days left of the 2016 General Session, now is a good time to publish the feedback that has come forward. In addition to the survey below, I collected feedback and comments from the five town hall meetings that were held throughout the session. There will be a post session town hall meeting on March 19th (2pm at WVC Fitness Center), where I will go over these results and highlight some key policy changes out of the session.

I would like to express my sincere appreciation for the constituents who took the time to do the survey and express their opinions on a few important issues that surfaced this year. I also appreciate the time they prioritized to attend the town halls. Below are the results of the 2016 legislative survey, which reflect 150 respondents.

2016 LEGISLATIVE SURVEY

Education

In Utah, funding for public education comes from income tax. Which of the following would you like the Utah Legislature to consider regarding education funding?

- Raise income taxes (100% of state income tax goes to education)
- Bolster job creation policies that will generate more income tax to fund education
- Limit income tax deductions for dependent children

Medical Marijuana

Should Utah consider legalizing medical marijuana?

- Broad access to the whole plant, including psycho active and addictive components such as THC
- Limited access to components most beneficial to medical treatments (includes cannabidiol but not THC)
- Allow no access

Medicaid Expansion

At what level do you support or oppose Medicaid expansion in Utah?

- Full expansion
- Partial expansion
- No expansion

Air Quality

Do you think that Utah's air quality requirements should be:

- Much stricter
- Stricter
- More lenient
- Much more lenient

Water Infrastructure

Do you support or oppose increased funding to increase Utah's water infrastructure such as reservoirs, watersheds and water distribution systems?

- Supportive
- Neutral
- Opposed

Right to Die

A death with dignity proposal may come forward. Should doctors be allowed to prescribe medication intended to end one's life, in cases where someone is terminally ill?

- Yes
- No
- Undecided

Public Lands

Roughly 70% of Utah's land is owned by the federal government. Recently, the State of Utah has made an effort to acquire ownership of this land. Do you support efforts to turn this land's ownership and management to the State of Utah?

- Yes
- No
- Undecided

Daylight Savings

Daylight Savings Time has been a controversial topic for many years. Those who want no Daylight Savings Time say it's bothersome to change time twice a year. Those who want to keep it say it provides more daylight hours in the summer for things like farming and recreating, and without it the sun would rise before 5am. In your opinion, Utah should:

- Do nothing and keep Daylight Savings as it is now
- Do away with Daylight Savings (Fall Back)
- Keep Daylight Savings all year long (Spring Forward)
- Undecided

Week Five Review

Capitol Pic of the Day

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TOWN HALLS 

The town halls have been a way to get involved and stay up to speed about the happenings on Capitol Hill. Last Saturday was a the fifth town hall of the session. There will be one more on March 19th where I will provide a post session update of the 2016 general session. It will be held at 2:00pm at the WVC Family Fitness Center.


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GENERAL UPDATES 

The long anticipated Medicaid expansion proposals are now surfacing. There are several bills that take a variety of different approaches to addressing the issue of health care access. Some of the variables that make this issue complicated include funding, federal waivers that must be approved by the federal government, and maximizing the amount of people to be covered. Each proposal will have pros and cons related to these areas. Below is a summary of a few of bills that are garnering the most attention.

SB 77, Medicaid Expansion Proposal in line with the Affordable Care Act, is designed to allow everyone who is eligible, coverage and access to the health care that they need. It also gives the governor the power to go to Washington to negotiate on behalf of the state for medicaid. The difficulty lies in how to fund this. This bill was heard in the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on Tuesday, February 23rd. It passed out of committee with a favorable recommendation (vote: 5-1-1), and is now on the senate second reading calendar. To listen to the full committee discussion, click here.    

HB 302, Utah Medicaid Amendments expands the existing Medicaid program to individuals who are below the 138% of the federal poverty level. This bill would apply to those who are medically frail, whether or not they have employer sponsored insurance. It provides a funding mechanism for Medicaid expansion and creates the Medicaid Expansion Fund, made up of electronic smoking device taxes, savings attributable to expansion, grants, gifts, donation, private funding, and state appropriations. This bill is currently being held in the rules committee, waiting for a standing committee assignment.        

HB 411, Utah Medicaid Reform Amendments amends the existing state Medicaid program to allow for a partial expansion under certain conditions. This bill states that the department can receive approval for a waiver from the Centers for Medicare and Medicaid Services between January 1, 2017-July 1, 2017. This waiver would allow for implementation of Medicaid expansion in the state. This includes: expanding Medicaid coverage to an individual who is below 100% of the federal poverty line, obtaining maximum federal financial participation, reimbursing providers based on Medicare rates, and including a work requirement for able-bodied adults. With this waiver, it also allows the state to adjust the specific benefits. This bill is currently in the house rules committee and is waiting to be assigned to a house standing committee.    

HB 437, Health Care Revisions is a similar to last year's Utah Cares proposal with the 70/30 federal/state match, however, the hospitals would share the 30% state share. It seeks a federal waiver and provides a funding mechanism for the waiver program. This bill seeks to target individuals whom are homeless, transitioning out of jails, or have substance abuse and mental health issues. Coverage would apply to adults with no kids in extreme poverty, as well as the adults with children that fall in 40% to 55% of poverty. The plan provides budget certainty by adjusting the designated income level in subsequent budget years according to state appropriations. It also provides rapid re-activiation for previously eligible enrollees who are exiting incarceration. This bill will be heard in the House Business and Labor Committee Monday, Feb. 29th. Click here for agenda.


Another topic that is generating a lot of interest are the two bills that call for a constitutional amendment. HJR 8, Joint Resolution Calling for a Convention to Amend the Constitution of the United States, pertains to the targeted issues of 1) fiscal restraints on the federal government, 2) limiting the power and jurisdiction of the federal government, and 3) limiting the terms of office for members of Congress. HJR 16, Joint Resolution Rescinding the Call for a Constitutional Convention rescinds past applications made by the State of Utah to Congress for a constitutional convention.



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SOPHIA'S BILLS (Summary)

HB 289 s1, Charter School Closure Amendments passed out of the house with 66 yes votes, zero no votes, nine absent. It is now headed to the senate to be heard in the education committee.    

HB 351, Attorney General Fiscal Amendments was heard in the House Government Operations Committee on Tuesday, February 23rd. It passed out with eight yes votes and zero no votes. It is currently on the house third reading calendar and will be voted on at the beginning of next week.

HB 397, Department of Administrative Services was sent to the House Government Operations committee and will be heard on Monday morning at 8:00 AM in House room 30.  Here is a link to the agenda with more information.

SB 56, Nurse Practice Act passed out of the senate on Monday, February 22nd with 27 yes votes, zero no votes, two absent.  It was then sent to the house education committee and is waiting to be put on an agenda.

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CAUCUS UPDATES

Salt Lake County Caucus

This week, the Salt Lake County Caucus discussed the topic of Health Care and listened to the various proposals in this area. Below is a summary of some of the bills we discussed.

HB 323 Continuing Care Retirement Community Amendments: This bill outlines the structure of continuing care retirement communities (CCRC). These facilities have different sections such as memory care facilities, retirement homes, and assisted living centers.  There is a $200,000-$300,000 entrance fee as well as monthly payments of about $2500. When a person leaves the community and another individual fills their spot, they may receive almost all of their entrance cost money back. Take a look at the map of the number of CCRC’s across the country. This bill is currently on the house third reading calendar and should be heard early next week.  

SCR 11 Concurrent Resolution Urging the Rescheduling of Marijuana: In 1970 congress passed the Controlled Substance Abuse Act, which also formed the DEA and the five schedules of drugs.  Under current law, it is a felony to do research on Schedule One drugs, such as cannabis. This resolution is urging congress to change to scheduling of cannabis to a Schedule Two drug so that we can do research legally. The University of Utah medical schools and other research institutions are ready to begin research as soon as the scheduling changes. There are already plans in place on how to conduct the research. This bill passed out of the Senate and is now in the House Law Enforcement and Criminal Justice Committee.

Capitol Pic of the Day

HB 221 Immunization of Students Amendments:

In 2011 there was a measles outbreak at a certain area of a Utah school district. This small outbreak ended up costing the health department about $200,000. Last summer, the Legislature put together a working group, which consisted of pediatricians, nurses, and school officials.  Lately there has been an increase in the number of unimmunized kids. This bill seeks to address a public safety concern, while honoring parents who do not want to immunize their kids. For parents who opt out, there is a requirement to watch a 20 minute online video. The purpose of the video is to teach parents how to protect their children if there is an outbreak. This includes taking the child out of school and quarantining them for up to three weeks. The intent of the bill is not to increase the number of immunized kids, but rather it is to teach parents and kids about what to do if there is an outbreak. This bill is currently on the house third reading calendar.    

HB 308 Disease Prevention and Substance Abuse Reduction Amendments: Opioid abuse has become a nation wide epidemic. This bill amends the Utah Health Code to authorize the operation of syringe exchange programs in the state. This bill does not encourage substance abuse; instead it gives those who are already addicted safe ways to make more informed decisions. Those who are already addicted tend to use a needle more than once, which leads to Hepatitis C and AIDS which is a substantial cost within Utah's existing Medicaid program. When an addict comes in to exchange needles, they are given an educational pamphlet and verbally informed about disease information and treatment options. The goal of this program is to reduce disease and get people into treatment. This bill has the potential to save our Medicaid budget millions of dollars. There is no fiscal note on this bill because numerous nonprofits have volunteered to fund this program.

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STANDING COMMITTEES

This week in the transportation committee, we reviewed SB 64, Special Group License Plate Amendments.  This bill creates the National Professional Men’s Soccer Team Support of Building Communities license plate. These license plates support a program that strengthens youth soccer, builds communities, and promotes environmental sustainability.  This special license plate would require applicants to make a $25 annual donation to the National Professional Men’s Soccer Team Support of Building Communities Restricted Account.  This account is funded by these said contributions, private contributions, and donations or grants from public or private entities.  This bill passed out of the senate and is currently on the house time certain calendar.  If this bill passes, it has an effective date of October 1, 2016.

To listen to other bills heard in my assigned committees, click on the interested committee below:

House Transportation Standing Committee

House Retirement and Independent Entities Standing Committee

House Economic Development and Workforce Services Standing Committee

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APPROPRIATIONS SUBCOMMTTEES

We received updated revenue estimates and learned that we have even less General Fund dollars than we had estimated last December. There was a slight growth in Education Fund, however. This means the legislature should be able to accommodate more education-related needs, and will struggle to meet needs that requested General Fund dollars.

Something to keep in mind is that student growth alone is in the budgetary range of $58M, and one percent of the WPU is approximately $27M. If you'd like to get a better sense of the state budget and how the money is spent, take a look at this link.

We will begin ranking budget items next week and expect the Executive Appropriations Committee to meet soon.

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OTHER RELATED CAP HAPS 

On Friday, February 26th, Speaker Hughes presented SCR 13, Concurrent Resolution Honoring Randy Horiuchi. Randy Horiuchi was an institution in Salt Lake County government.  Randy spent 22 years on the Salt Lake County Council and he also served as chairman of the Utah Democratic Party. His love and enthusiasm for politics was contagious and his public service will forever be marked by his passion and unending optimism. Many legislators shared their heartfelt memories of Randy, and his family was presented a citation in recognition of his service.

Over the past few weeks, we've heard presentations from members of our federal delegation. Here is a summary from a couple of our congressional delegation.

Congresswoman Mia Love made her annual address to the Utah Legislature on Monday, February 22. During her visit, she described how the Utah Constitution is helping guide her policymaking endeavors in the U.S. House of Representatives. During her speech to the Utah House, she thanked legislators for a good, common-sense approach to legislation by limiting bills to one subject at a time as Utah lawmakers do. She acknowledged how difficult it is to implement that approach in Congress. Rep. Love went on to say, “it takes a lot of courage to do what you do. It takes a lot of courage to be able to stand on your own and make something happen. I admire you…you have been an example to me.” The Utah House of Representatives appreciates Congresswoman Love’s time and kind words. Click here to watch her remarks (begins at 12 mins).

On Friday February 19, Congressman Jason Chaffetz made his annual report to the Utah Legislature. During his visit he addressed the medical marijuana debate, saying he would like to remove federal prohibitions on the medical use of cannabidiol, an extract believed to fight against seizures that is low in the hallucinogenic chemical, THC. Rep. Chaffetz voiced his concerns related to recreational use and said he hopes to be able to provide more clarity from the federal perspective and allow for a legally transparent way that those who have a medical need for treatment can get it. Click here to watch his remarks (begins at 19 mins).

On Fridays of each week, we've had visitors from the education community, from UEA to the PTA. It's been great to visit with our educators and parent volunteers. I had the privilege of recognizing Mrs. Debbie Gatrell who teaches Social Studies at Hunter High. She recently earned her National Board for Professional Teaching Standards certification and was recognized on the House floor for her achievement.

Visiting with the PTA, discussing education

I also had the opportunity to visit with members of the PTA and visited with a few constituents from the district.