June Legislative Updates

Capitol Pic of the Day

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INTERIM HIGHLIGHTS 

The Legislature met for interim meetings on June 17th and June 24th. In the Conservative Caucus meeting, we heard an overview of a scientific research study on air quality and its impact on health. The study validated the need to address air quality.

The House Majority Caucus heard an update on the Prison Relocation Commission's (PRC) activities, as well as a status update on Medicaid expansion.

The PRC held multiple open houses to hear public input. The screening process uses weighted criteria to assess site suitability. Click here for the last report reflecting how the proposed sites were selected. The Commission will present the engineering and environmental studies results in July and prepare a site recommendation for the Legislature and Governor in August. 

As for Medicaid expansion, the "gang of six" (Governor Herbert, Lt. Governor Cox, Senate President Niederhauser, Senator Shiozawa, Speaker Hughes, and Majority Leader Dunnigan) met with HHS Secretary Sylvia Burwell in late May. They will continue to evaluate solutions over the next month.

Government Operations Interim Committee - Our committee was assigned two major tasks during the interim period. One is to evaluate options to address the plurality issue. An issue that occurs when there are multiple winners in a primary and no one receives a majority vote. 

The other is to address state school board elections, an issue that didn't get resolved during the general session. Consequently, miscellaneous reports that are typically heard in the Fall, were heard in May and June. 

We received an update from the Department of Military and Veterans Affairs on the various programs they have available and the initiatives they are working on. If you or someone you know is a veteran, please share this link with them. There are a lot of resources available to assist veterans in this state. Also take a look at the newsletter to see the many veterans events that are taking place this summer. 

As for the plurality issue, we evaluated the following options so far. 

1) Preferential voting - Ranked choice voting

2) Party choice - Party decides nominee 

3) Runoff elections - Voters vote multiple times until there is a winner

4) Do nothing

Over the coming months, we will continue to look at potential solutions to address this issue. 

Economic Development and Workforce Services Interim Committee - The committee heard a presentation from the Department of Workforce Services which provided an overview of their programs. 

We also heard an update on the Intergenerational Poverty Five and Ten Year Plan. Multiple state agencies are working together to develop a long term plan to address intergenerational poverty. 

The committee will continue to study this item going forward. The full report may be viewed here. 

Retirement and Independent Entities Interim Committee - The committee heard an overview of the Utah Retirement Systems, a performance audit (Response), and policy issues related to post-retirement employment restrictions. We opened up two bill files to address transparency improvements and post-retirement employment restrictions. We will revisit these bills in future meetings. 

June interim highlights in more detail for all of the interim committees may be found here. 

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OTHER RELATED CAP HAPS 

It was a pleasure to celebrate with two constituents who earned the Comcast Leaders and Achievers Scholarship award. 

Congratulations to Johnson Huynh and Ana Soto. They were selected among a competitive pool of students across the state. 

These two individuals from West Valley City were recognized for their leadership skills, academic achievement, and a commitment to community services. This is a great contribution that Comcast makes to the community.

Earlier this month, I was interviewed by Fox13 News about my participation on an undercover raid with the Attorney General's Office. I learned a lot about the great work Attorney General Sean Reyes and his team are doing to mitigate human trafficking in Utah and I gained a deep appreciation for what they do for the taxpayers in this state. View the interview here. 

On another note, the Utah Search and Rescue Assistance Card that was established through HB324 will be available soon. The Office of Outdoor Recreation is working with the Search and Rescue Advisory Board to implement the card and they anticipate rolling it out to the public in the next couple of weeks. Check out the recent Trib Talk on this topic. 

May Legislative Updates

Capitol Pic of the Day - House of Representatives

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COMMUNITY NOTIFICATIONS

SLCC West Valley City Center

I had the opportunity to attend an open house hosted by Salt Lake Community College (SLCC) for the purpose of engaging the community for feedback related to the new community learning center site on 3500 South and 5600 West. This new site is purposefully located near four high schools (Granger, Kearns, Cyprus, Hunter) and will focus on concurrent enrollment, freshmen general education course requirements and ESL courses (English as a Second Language). 

SLCC is seeking input from the community on other types of courses desired, as well as any other feedback you would like to provide. To provide input, either call Jen Seltzer Stitt, Director of Community relations at 801-957-4753 or email WestValleyCenter@slcc.edu. 

Prison Relocation Commission

The Prison Relocation Commission is hosting a series of open houses over the next few weeks. Get updates on the latest developments and share your thoughts by attending one of these meetings. 

Wednesday, May 20, 2015, 4:00 - 9:00 p.m. Promontory Building, Utah State Fairpark 155 N 1000 W Salt Lake City, UT 84116

Thursday, May 28, 2015, 4:00 - 9:00 p.m. Grantsville High School 155 E Cherry Street Grantsville, UT 84029

Tuesday, June 2, 2015, 4:00 - 9:00 p.m   . Frontier Middle School 1427 Mid Valley Road Eagle Mountain, UT 84005

Utah State Office of Education

The Utah State Office of Education has recently released new science standards and are seeking your input. Provide your feedback at this link. Additionally, here are some upcoming open houses that start at 7pm: 

Wednesday, May 6, 2015, 7:00 - 9:00 p.m. Provo School District Office 280 West 940 North Provo, UT 84604

Wednesday, May 13, 2015, 7:00 - 9:00 p.m. Cache County School District 2063 North 1200 East North Logan, UT 84341

Tuesday, May 19, 2015, 7:00 - 9:00 p.m   . Salt Lake Center for Science Education Media Center 1400 Goodwin Ave., Salt Lake City, UT 84116

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INTERIM HIGHLIGHTS 

Now that the 2015 general session is completed, we will begin our interim work where we meet for a couple of days every month to get a deeper understanding of the various issues that face our state.

I have been assigned to the Economic Development and Workforce Services Interim Committee as well as the Government Operations Interim Committee. I look forward to studying the issues that come before these committees.

Here is a list of the various study items that were selected by the chairs of each interim committee and approved by the Legislative Management Committee on April 22, 2015.

2015 INTERIM STUDY ITEMS BY INTERIM COMMITTEE

BUSINESS AND LABOR

1. Consumer Credit Laws - Study recent and impending federal regulatory impacts on consumers and financial institutions, and examine implications on state regulations. 

2. New Motor Vehicle Sales - Study issues related to the automobile dealer franchising process. 

3. Building Code Revisions and Timeline - Study the impending changes to the various codes that will occur this year, and also examine the statutorily established timeframe that the codes are updated.

4. Bail Bonds - Study issues related to bail bonds, including a court's use of bail bonds for a purpose other than ensuring the accused person appears in court at the appointed place, date and time. 

5. Occupational and Professional Licensing Court Case - Review the U.S. court case regarding a conflict of interest for those licensing board members who also practice in the profession. 

6. Study of 2015 General Session S.B. 127, Transport of Railroad Employees (as requested by Sen. Mayne). 

ECONOMIC DEVELOPMENT AND WORKFORCE SERVICES

1. Intergenerational poverty - Review DWS 5 and 10-year plans and build on state-based research to address perpetual poverty among generations of families. 

2. Economic Development and Air Quality - Follow-up on the Economic Development Task Force recommendations, study the economic impact of air quality issues, and consider market-based approaches to improving air quality. 

3. Affordable Housing and Transit - Work with transit-oriented development partners to provide due consideration to affordable housing as part of development near transit stations. 

4. Economic Development Incentives - Study existing incentives to consider effectiveness and potential improvements. 

5. Workforce Recruitment and Training - Find ways to help existing businesses recruit needed talent and to study the provision of custom training programs for employees and potential employees of the state's changing workforce needs. 

6. Committee Housekeeping, Agency Issues, and Code Clean-up - Provide normal and customary "investigation and study of possibilities for improvement in government services with a given subject area" including sunset reviews, agency written reports, vetting of specific agency issues, and Utah Code revisions (see IR2-1-201). 

7. Land use data compiled by governmental agencies to see that they are consistent across the state (requested by Senator Adams). 

EDUCATION

1. State Education Governance - Study the method for selecting State Board of Education members. 

2. Educator professional development - Study best practices and determine whether to fund a statewide approach. 

3. Charter Schools - Stud governance, oversight, and accountability and determine the role of charter schools in Utah's public education system. 

4. Student Assessment Requirements - Study testing mandates, the number of hours spent on testing across LEAs, and the extent to which testing limits students' access to technology as a learning tool. 

5. Early Grade Reading and Math Proficiency - Study interventions that may be needed to improve early grade reading and math proficiency. 

6. Alternatives to Funding Higher Education Buildings - (Requested by Pres. Niederhauser).

7. Review Effects of Performance Funding - (Requested by Pres. Niederhauser). 

GOVERNMENT OPERATIONS

1. School Board Elections - In England v. Hatch, the constitutionality of Utah's method of selecting state school board members was called into question. In the 2015 General Session, legislators proposed several pieces of legislation to address the issue, but ultimately none of the legislation passed. If the legislature does not act, the courts will have significant discretion to apply a remedy of their choosing. 

2. Plurality - Determining a winner in a multi-candidate primary race - 2014 General Session HB54 created multiple methods by which a candidate can access a primary election ballot. A primary election ballot may therefore list several individuals running for the same office, creating the possibility that a candidate could with the primary election with less than a majority vote. In the 2015 General Session, legislators proposed several pieces of legislation to address the issue, but ultimately none of the options passed.

HEALTH AND HUMAN SERVICES

1. Medicaid Preferred Drug List Expansion - Study whether to authorize the Dept. of Health to include all psychotropic and anti-psychotic drugs on the Medicaid program's preferred drug list (HB156). 

2. Medicaid Liability - Study whether a health care provider should only be responsible to the spouse, parent, or child of a patient for providing or failing to provide health care (HB405).

3. Medical Marijuana - to study whether to permit the possession, use, and growing of medical cannabis (SB 259). 

4. Care for the Elderly (as time permits) - A: Caregiver support - Study how to support individuals and agencies who provide or facilitate care of the elderly; and B: Continuous care facilities - Study how to regulate the industry (HB436).

5. Homecare Cottage - Study the homecare cottage concept as a long-term portable care option for senior citizens. 

JUDICIARY

1. Family Law - To include study of the statute and issues relating to alimony (length, cohabitation, and rehabilitative alimony provisions).

2. Civil Rights - Study the statute and current use of surveillance, subpoenas, and police use of force. 

LAW ENFORCEMENT AND CRIMINAL JUSTICE

1. Impact and Implementation of HB348 on state agencies - This item consists of bringing in the Dept. of Corrections, the Sentencing Commission, the Courts, and Adult Probation and Parole, prosecuting and defense attorneys, etc. to discuss the implementation of HB348 and how it impacts their respective areas. Also key would be any unintended consequences/side effects of the legislation realized since its enactment. 

2. The Use of Body Cameras by Law Enforcement Officers - Related to HB386.

3. Use of Force by Law Enforcement Officers in Utah - Focus on 1) Historical data regarding use of force and lethal use of force; 2)POST training provided to officers; 3)Public perception of law enforcement and how that has changed, as well as what can be done to improve this in Utah; and 4) How investigations of use of force by law enforcement is conducted in Utah. 

NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENT

1. Natural Resources: 1) Water - Pricing, infrastructure funding mechanisms, Leg. Audit on resources and needs (water issues such as development and cost given the highest priority); 2) Bear Lake - Site visit, development, access, quagga, phragmites; 3)State Parks - Expansion, spin off tourism from national parks.

2. Agriculture: 1)Bee Keeping; 2) State Fairpark (Legislative Management Committee study by Oct interim meeting on the long term viability of the State Fairpark in its current location SB2)

3. Environment: 1) Air quality - Solid fuel burning program, ozone in Uintah Basin, Tier III fuels; 2) Disposal of depleted uranium in west desert. 

POLITICAL SUBDIVISIONS

1. Community Development and Renewal Agencies: (Harper and Handy; SB55)

2. Good Landlord Program - Study issues related to the program HB268, HJR26, Item 10, and HJR26, Item 11). 

3. Municipal and County Code Enforcement - Study municipal and county enforcement of ordinances regarding abatement of weeds, garbage, refuse, unsightly objects, and other conditions deemed to be a public nuisance (HJR26, Item 136). 

4. Historic Districts - Study parameters and creation guidelines of historic districts (HJR26, Item 204). 

5. Subdivision Base Parcels - Study delinquent taxes on subdivision base parcels *HJR26, Item 24).

6. Assessment Area Bonding - Study assessment area bonding and foreclosure. 

7. Subdivision Bonding - Study subdivision bonding and security. 

8. Local Government Transfer of Development Rights (TDRs) - Study whether to allow a municipality and county to enter into an agreement to allow the transfer of development rights between their respective jurisdictions. 

9. Insurance for Lateral Sewer Lines - Study whether local government and sewer districts should provide insurance to how owners for lateral sewer lines. 

PUBLIC UTILITIES AND TECHNOLOGY

1. Interstate Transmission Lines - the Code is silent in regard to planning and location for interstate transmission lines. The issue is that these lines will create corridors in perpetuity, through select mountain canyons and may or may not connect to the Utah electrical grid. 

2. Big Data / Longitudinal Data Management - Development of longitudinal state databases that are creational and can be used for planning all types of infrastructure. 

3. EPA Rule 111(d) - the EPA will be issuing its final ruling this summer and that may affect the generation of power in Utah, transportation and pollution control. 

4. Telehealth / Telemedicine and Technology - The use of technology to offer cost-effective direct delivery by providers of healthcare services for both urban and rural environments. 

REVENUE AND TAXATION

1. Sales Tax Exemptions - Study and review all sales tax exemptions.

2. Corporate Franchise and Income Taxes - Study single sales factor and the economic benefits of a corporate income tax cut or repeal. 

3. Centrally Assessed Taxes - Study issues related to centrally assessed taxes including new growth. 

4. Excise Taxes - Study excise taxes including the taxation of e-cigarettes. 

5. Sales and Use Tax Earmarks - Review earmarks of the sales and use tax and recommendations provided by the Tax Review Commission. 

6. Historic Preservation Credit - Study whether to grant a historic preservation tax credit exemption. 

7. Tax Code Changes - Study simplifying the tax code, elimination tax credits, and reducing tax rates. 

8. Property Taxes and Water Rates - Study whether to lower property taxes and replace the taxes with water fee increases. 

TRANSPORTATION

1. Consolidation of the Sales and Use Tax Earmarks for Transportation 

2. Implementation and Impacts of the Transportation Funding Revisions made in the 2015 General Session including UDOT's intended uses for revenue increases (maintenance funding and bridge rehabilitation projects). 

3. Transportation Commission prioritization process review. 

4. Coordination between UDOT and School Districts on Locating New Schools (as time permits).

5. Review Large I-15 Construction Projects (as time permits). 

6. Interim Study Items 200 and 205 related to vehicle towing (as time permits): 1) 200. Study issues related to the use of a tow truck motor carrier, vechile towing, other to require tow truck drivers to have a criminal background check before performing tow truck services, and towing vehicles from private parking lots; 2) Study statewide towing policies. 

7. Interim Study Item 206 - Nighttime work zone noise (as time permits).

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OTHER RELATED CAP HAPS 

I had the opportunity join the Utah Council for Citizen Diplomacy in welcoming visitors from Bangladesh with Rep. Becky Edwards, Rep. Sandra Hollins and Sen. Jani Iwamoto. 

We learned that Bangladesh has a long history of electing women Prime Ministers and currently requires a 33 percent quota for all elected seats -- an interesting factoid!

April Legislative Updates

Capitol Pic of the Day

Governor Herbert has now concluded the signing period for bills. Out of the 528 bills that were passed, 495 required action by the Governor. Read about the details in a recent press release.

Additionally, the Governor vetoed five bills.

Bill Number	Bill Name	Bill Sponsor
HB197	Educator Licensing Amendments	Coleman, K.
HB0385	Memorial Highway Designation	Stratton, K.
SB94	Corporate Franchise and Income Tax Amendments	Stephenson, H.
SB249	Trax Crossing Bars Operations Amendments	Jenkins, S.
SB278	Motion Picture Incentive Amendments	Bramble, C.

Next, the House and Senate will poll their members to see if there is appetite for a veto override session. UtahPolicy.com did an article that offers more detail about the process and what to expect. By mid to late April, we will find out how the House and Senate responded to the poll.

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SOPHIA'S BILLS (Summary)

I am happy to report that all three of my bills were signed by the Governor and will go into effect in early May (See lists here and here). To view a comprehensive of the passed bills and when action was taken, see this list.

Here are a few stories that highlighted HB324, Search and Rescue Financial Assistance Amendments: Fox13 News, 2News Utah, Salt Lake Tribune, Salt Lake City Sun Times, Park Record). Brad Petersen, Director of the Office of Outdoor Recreation will lead out on the implementation of the bill.

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APPROPRIATIONS 

Governor Herbert vetoed three line items of appropriation for bills that did not pass but were funded in the bill of bills (SB3). The bills that were associated with the line item vetoes were: HB186, State School Board Election and Membership Amendments (SB3 Item 34, $31,500 one-time and SB3 Item 175, $127,000 ongoing); and SB219, World Language Proficiency Recognition (SB3 Item 177, $14,500 one-time).

Click on the linked text for an updated online Appropriations Summary Data Visualization report that reflects these changes. There is also a how-to video to learn how to navigate through the report.

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OTHER RELATED CAP HAPS 

Scorecards and voting ratings are coming in. How did I fare? Here is an overview of what I was able to find so far.

According to Adam Brown, a BYU Political Science professor who publishes Utahdatapoints.com, out of our 699 votes, I missed only one vote and had the highest voting record in the Legislature. I had left the House floor to be available while one of my bills was being debated on the Senate floor and didn't realize I had missed a vote. To view more interesting rankings by Adam Brown, visit Utahdatapoints.com.

Here are some other organizations who have released a scorecard.

Happy Spring!

Utah Taxpayer Association - 90.9% [Report]

Utah Charter Network - 85% [Report]

Sutherland Institute - 63% [Report]

Libertas Institute - 62% [Report]

Sierra Club - 50% [Report]

I will include others in future blog updates as more become available.

Week Seven Review

Capitol Pic of the Day

In the beginning of the session, there was a record 1,224 bill files opened. In the end, we passed only 43% of the bills opened, or 528 bills, which is 42 more bills than last year. For context, I created a 15 year chart. 

The House saw some changes in process this session and legislators were given more time in committees to dive deeper into the issues before them. This also sped up the floor process as House members were able to debate bills more confidently knowing they had previously been vetted by colleagues in the respective committees. I felt that there were better quality bills passed due to the added efforts by the standing committees. 

As for the context of policy making, I cannot remember a session where there were so many weighty issues covered at the same time. The magnitude of what was accomplished in just 45 days is astonishing. There were several generational lawmaking achievements that came out of the 2015 legislative session. There were also a couple of big issues that did not end with a successful compromise. 

Nondiscrimination and Religious Liberty:

SB296 is a historic anti-discrimination and religious freedom bill that had a very emotional debate in the House of Representatives. 

This grand compromise brings together all of the various stakeholders in ensuring protection against discrimination in the narrowly categorized areas of employment and housing. 

SB297 is a companion bill that addresses marriage by public officials. Both of these pieces of legislation are the culmination of significant work over a period of many years. 

These two bills are game-changing in recognizing the rights of individuals as it relates to the expression of personal beliefs, while balancing protections of certain rights (Fox13 story). 

Transportation:

The current gas tax has surrendered nearly one-third of its value to inflation since 1997 and its purchasing power has ironically been further eroded by vehicle fuel efficiency. Reaching a consensus between the House and Senate on long-term funding reform for transportation infrastructure is significant. As mentioned in previous blog posts, there were two primary proposals that were being considered: SB160 with a 10 centers per gallon fuel tax and HB362 with a more comprehensive approach to addressing the long term needs. The House sent over HB362 to the Senate where they amended it by inserting a 5 cent per gallon fuel tax, as well as fee increases for registrations on certain vehicles. This version was sent back to the House for concurrence and the House did not concur.

The House successfully negotiated to drop the registration fee piece but unsuccessfully negotiated the 5 cent piece. What we are left with is a compromise that will serve the people of Utah now and into the future in both urban and rural areas of the state. I voted yes because I ran on the preparation of our population doubling in the next 30 years and there are inherent limitations and restrictions on the funding source that pays for transportation infrastructure. 

Criminal Justice Reform:

HB348 will result in millions of dollars of reinvestment into the criminal justice system by changing the way we sentence and treat many offenders. I was happy to co-sponsor this legislation and voted yes for this bill, as well as for the companion bill, HB454. Integral to this reform is the relocation of the Utah State Prison (HB454) and building of a new facility capable of accommodating the types of treatment and rehabilitation programs proven to reduce recidivism and return offenders to society better prepared for reintegration. 

Healthcare Expansion:

The House and Senate were unable to come up with a compromise on Utah Cares vs Healthy Utah. There was a joint announcement on Day 45 by the House, Senate and Governor, where they introduced a concurrent resolution to continue the discussion. 

HCR12 is a commitment  to work together through the next several months to resolve the coverage gap created by the Affordable Care Act. Together, they have set a targeted timeline of July 31, 2015 to come up a renewed proposal. I voted yes to support continued discussions. 

School Board Elections:

School board elections was another area that did not end with a compromised solution. The House sent over to the Senate HB186, a nonpartisan election bill which was hijacked and inserted with language that made it partisan, before going to the ballot for the public to decide if it should be governor appointed. SJR5 was also sent over in an effort to get it on a ballot for a constitutional amendment. I voted no on both proposals to honor my commitment to my constituents who wanted nonpartisan elections. What now? This matter will be left up to the courts on another pending court case, if it doesn't come back in a special session.

Vox Populi - Adjourned at midnight Sine Die

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SOPHIA'S BILLS (Summary)

I am happy to report that all of my bills passed out of the House and Senate with unanimous support in each body. 

HB218, HB312 and HB324 will take effect in the second week of May. 

I appreciate the stakeholder involvement and input on each piece of legislation and look forward to continuing the great relationships established through this process. 

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APPROPRIATIONS 

The final budget was largely achieved with a healthy collaboration between the House and Senate. Higher education saw a boost with $170 million budgeted for new buildings and maintenance. 

As for public education, the State Board of Education had requested a WPU funding increase of 2 percent and received 4 percent, which was the largest increase in WPU funding in nearly a decade. There was a motion to amend to raise the WPU even more, which I supported, but it failed.

A $50 million allotment was also appropriated for enrollment growth. In addition, the Legislature passed SB97, which authorizes a statewide property tax increase for school equalization. I voted no for this based on constituent responses, but it passed nonetheless. 

The Executive Appropriations Committee met for the final time on Wed. March 11th. Click here for the list of budget items that were funded in the final bill of bills, or SB3. I've also included details below.

Here is a list of all of the appropriations bills for the 2015 session. 

BASE BUDGETS 

[See week 3 blog post for detailed items funded in base]

HB1, Higher Education Base Budget

HB2, Public Education Base Budget

HB4, Business, Economic Development and Labor Base Budget

HB5, Retirement and Independent Entities Base Budget

HB6, Infrastructure and General Government Base Budget

HB7, National Guard, Veterans' Affairs and Legislature Base Budget

SB1, Public Education Base Budget Amendments

SB4, Current School Year Supplemental Public Education Budget Adjustments

SB5, Natural Resources, Agriculture and Environmental Quality Base Budget

SB6, Executive Office and Criminal Justice Base Budget

SB7, Social Services Base Budget

BUDGET ADJUSTMENTS

HB3, Current Fiscal Year Supplemental Appropriations [Detailed List]

HB8, State Agency and Higher Education Compensation [See Highlighted Provisions]

SB2, New Fiscal Year Supplemental Appropriations [Detailed List]

SB3, Appropriations Adjustments (Bill of Bills) [Detailed List]

SB8, State Agency Fees and Internal Service Fund Rate Authorization and Appropriations

SB9, Revenue Bond and Capital Facilities Amendments [Audio listing items included]

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OTHER RELATED CAP HAPS 

Representative Dee led out on an effort to raise $25,000 for the Utah Honor Flight, a program that is aimed at getting aging veterans to Washington D.C. to give them an opportunity to see the memorials that were built in their honor. We ended up surpassing that goal and raised $35,000 for this effort. It was a touching contribution and I very much respect and appreciate Representative Dee's heartfelt leadership on this effort. 

I was also able to spend some time with my family this week. They had the opportunity to sit with me on the floor. Additionally, I had several great visits with constituents that were on the hill for various reasons. It is great to be able to share the experience with people from the district. 

It has been an honor to represent you this session and I look forward to keeping you posted throughout the interim period.