Becky Edwards

The Senate voted today on the latest version of HB2, the bill detailing the funding for public education, including charter schools. The vote was 15-9. The full text can be found here, along with the four amendments, http://le.utah.gov/~2009/htmdoc/hbillhtm/HB0002S01.htm. I talked to our Sen. Dan Liljenquist about this version of the bill and he felt it achieved a good compromise that provides for charter schools without untenable financial consequences for the school districts.

Before this version of the bill was agreed upon there was another version, less palatable to all parties, which shifted the burden to local school districts by increasing the percent of funding they contribute to charter schools. Even though this version was not passed this provides a good chance to share my understanding of the funding sources for charter schools. 25% of the funding currently originates with the local school district. Under an earlier substitute of HB2 the percent that local school districts would have been responsible for was raised to 50%. The remainder of the funding (75% current and 50% under the proposal) comes from the state education fund. This is different than the funding of the WPU, which remains with each student.

I know this type of budget shift would have a significant affect on the Davis School District, who is dealing with 6% cuts along with the rest of public education. Davis School District’s budget cut for the 2009-10 year represents approximately $15 million in operating funds and $1 million in capital funds. In a year of these significant budget cuts and with uncertain economic times ahead, it would be difficult to incur additional cuts from the Davis School District local revenues to help fund charter schools at a new rate of 50%. In this version, districts experiencing significant growth and having low assessed value would be most negatively impacted. Davis District currently sends $300,000 per year of local revenues to fund charter schools. Under this version, this amount would increase in 2010-11 to $600,000, in 2011-12 to $900,000, and in 2012-13 to over $1.2 million. Tax revenues that districts are required to send to charter schools have already been committed in our district for specific purposes which could violate the ballot proposition with voters and districts like ours are likely to increase taxes as a result of the “shift” in revenues.

That being said, the version of HB2 passed out of the Senate today seems to have hit a good balance between continuing to fund charter schools adequately while not creating an undue burden on the school districts. It also provides for growth by allowing increase in charter school enrollment capacity equal to 1.4% of the total district enrollment beginning in 2009-10.

We absolutely need a conversation during interim about long range planning and funding for charter schools and public education in general. To the extent that this bill opens up this discussion it is a good thing.

Today we finished up the House bills. I know I said that yesterday, but we really did finish them today. One of those last House bills was mine, HB 446, “Medicaid Restricted Account Amendments.” It passed 62-0. It basically amends Utah’s Medicaid Restricted Account in order to meet the requirements for the money coming our way from the federal stimulus package by designating unspent general fund money appropriated to the department for the Medical program as non-lapsing funds for fiscal years 2008-09, 2009-10, and 2010-11. As background, the stimulus package (Federal Funds – American Recovery and Reinvestment Act) provides states with a temporary increase in the federal match of state dollars for the Medicaid program. In order to quality for this extra federal match states have to maintain eligibility standards, methodologies and procedures that were in place July 1, 2008. Another requirement is that no amount of money attributable to the increased federal match may be directly or indirectly attributable to an increase or deposit into a rainy day fund of the state.

The purpose of this legislation is to amend our Medicaid Restricted Account for 3 budget years to make sure that no federal matching money the state receives as a result of the stimulus package gets deposited into our Medicaid Restricted Account which might be viewed as a type of rainy day fund. The funds will be non-lapsing and will stay with the department for the use of the Medicaid program. Utah could receive over 35 million in the next 2 fiscal years. The link for this bill is:  http://le.utah.gov/~2009/bills/hbillint/hb0446.pdf

As we move to the Senate bills an interesting thing is starting to happen…we’re seeing bills hit the House floor that have never come through a House committee meeting and so we hear them on the floor for the first time. That can be kind of overwhelming, confusing, and frustrating because there is not enough time to ask all the critical questions and talk through the reasoning behind the bill and the goals it intends to achieve. One such bill today was HB2. While this was a House bill it also never was heard in the Education committee so it hit us brand new this morning. The title is, “Minimum School Program Budget Amendments,” and it contains much of the work completed by the Education Appropriations Committee, which we had already voted to support in our majority caucus.

However, there was some language in the bill that dealt with funding for charter schools that was concerning. It would prohibit the expansion of charter school capacity for the 2010-11 school year, for instance. While this bill addresses a one year freeze for 2010-11 only, it will be most onerous on the schools who are in the middle of the application process to expand, like Spectrum Academy or Legacy Prep in North Salt Lake, but are having their funding frozen even though the Minimum School Program funding remains in place for both charter and traditional public schools. This bill brings up many issues related to funding for charter schools within the umbrella of the public school system. It also speaks to the need for a bigger discussion that hopefully can take place during interim regarding levees, local replacement dollars etc.

I’m inclined to be biased towards charter schools because in our area I see the good they do, the needs they meet for students and parents, and the way they enhance in a variety of unique ways the student learning experience.

It is my suggestion to the Senate sponsor, Sen. Stephenson, that the bill be amended to either:

1.  Provide that schools who have their enrollment procedures in place, or maybe approved, by March 9, 2009 be allowed to receive their funding for capacity expansion for 2010-11, or

2.  Extend the date for the capacity expansion freeze to 2011-12.

Sen. Stephenson does have a Substitute version of HB2. It can be found at this link: http://le.utah.gov/~2009/bills/hbillint/hb0002s01.pdf

I’d love the feedback from any brave souls who can make it through lines 58-202 and analyze that information as to the affects it will have on charter schools!

There were some records broken on the floor of the House today:

Most votes in a day: 50
Longest bill yet: 205 pages
Most amendments to a bill: 18 (3SHB 187)

There was a huge rush on the floor of the House today as this was the last day we are supposed to hear House bills. Beginning tomorrow we will only hear Senate bills, and the Senate will only hear House bills. However, I think a few last budget related bills will slip in first thing in the morning.

A few of the interesting bills from the day:

HB 187, Rep. Ferry, “Recreational Use of Public Waters on Private Property.” This bill has been debated twice on the floor and defeated each time (it received a vote to reconsider, hence the legislative do over). This is undoubtedly the bill I have received the most emails about. Probably 95% voicing opposition to the bill which would restrict access on some public waters on private property for fishing, tubing, recreating etc. It would overturn the Utah Supreme Court decision, Conatser v. Johnson, July 2008. It is a case of property rights vs. public right to utilize waters. In the end this was a bill whose inception and process was flawed because all parties didn’t feel involved in the discussion, the final product was convoluted and complex due to the three substitutions and 18 amendments, and while there were many compromises on the part of the bill sponsor I didn’t feel it adequately addressed the needs.
I am confident all interested parties will have a chance to come together to help craft a bill that truly balances private property rights with the public’s ability to utilize our waters. I voted against this bill and it failed 31-43.

HB 379, Rep. Noel, “Environmental Litigation Bond.” This bill requires a plaintiff to post a bond before receiving a preliminary injunction or administrative stay and requires an unsuccessful plaintiff to pay damages to defendants who are harmed by an injunction or stay. I voted against this bill and it passed 52-22. There was an amendment that would allow the court permission to consider a bond, but didn’t require it. That didn’t pass, but I supported the amendment. This bill puts justice up only for people who have resources available to post a bond. It calls into question access to courts as a constitutional right. I also feel our existing system is addressing this by obtaining security up front and awarding damages following a case. There are remedies in place right now to address the concerns this bill is attempting to correct; we do not need this bill. It will harm legitimate organizations and entities from receiving “their day in court.”

HB 347, Rep. Hughes, “Alcoholic Beverage Control Act Modifications.” This bill is a “frail but firm compromise” according to Rep. Hughes and is supported by Mothers Against Drunk Driving, the Hospitality and Restaurant Associations, the Governor, and the Chamber of Commerce. It is a true compromise bill and is one of many coming that will work in concert to address Utah’s liquor laws. The main provisions of the bill are, 1) electronic verification of proof of age by on-premise ID scanners, 2) addressing the bar structure. In a nutshell, each entity serving liquor will be required to scan the drivers license of anyone under age 35 to assess the veracity of their ID and their age. This record of those scanned will be held for up to 7 days. There are provisions in place to secure the identity of patrons, and only the drivers license number and the date of birth will be saved along with the name of the patron. The second issue changes the structure of the bar area of a club or restaurant. Minors will no longer be able to sit at the bar structure, and the so-called glass “Zion curtain” will come down. There are some additional provisions dealing with new classes of liquor licenses that can be looked up if you’re interested in more specifics. Suffice it to say this is the most innocuous bill we have been presented with on liquor law changes this session. It has as a main focus the prevention of underage drinking and an avoidance of overconsumption of alcohol leading to DUIs. I think this is a good bill and I voted for it; it passed with a vote of 66-8.

I enjoy idioms and thought I’d share a few of my favorites from the Capitol:
Don’t let perfect get in the way of good.
This is a solution in search of a problem.
Sure we need a seat at the table, but we don’t need to drink the Koolaid.

In the majority caucus on Friday the fiscal analyst presented us with the areas of the state budget receiving backfill in the way of one time money from the Federal Stimulus package. This proposed budget has the support of the House and Senate majority leadership teams and the Governor. We voted to take a caucus position of support of the budget as well. The link to the budget is: http://le.utah.gov/interim/2009/pdf/00000432.pdf

You can see many areas have received backfill, but it is important to remember it is with one time money and the amounts in Column G will be where we begin our budget discussions next legislative session.

Kern River Gas Transmission Company is proposing to construct and operate a new 28 mile, 36 inch diameter natural gas pipeline through Morgan, Davis, and Salt Lake Counties as part of their Apex Expansion project.  The project expands part of an existing pipeline that extends from southwest Wyoming through Utah to Las Vegas. There will be community meetings held in the area to get public input on the proposed routes through Bountiful and North Salt Lake. For more information on this proposal and the public hearings, go to: http://www.kernrivergas.com/InternetPortal/Desktop.aspx

The Apex Expansion can be found in the pull down on the main menu bar at the top under “Expansion Projects”  and the community meeting information is on the left side of the Apex Expansion page, or at http://www.kernrivergas.com/InternetPortal/Desktop.aspx.

Many of you are aware of the Springhill Landslide that is occurring in North Salt Lake. I am including a link to the Utah Geological Survey page that includes background information on their monitoring of this slide since 1998, movement rates and changes. It is important to note that this is reaching a critical point for several homes in the area as you can see from the website. A citizens group has formed to deal with the consequences of this slide on the families and homes involved.
http://geology.utah.gov/utahgeo/hazards/landslide/springhill09/index.htm

I have a daughter who is a freshman on the track team at BYU. Last weekend she participated in the Mountain West Conference Indoor Track and Field Championships in Colorado Springs, Colorado. She placed 7th in the mile and 9th in the 800 meters. Watching her run over the last few years I have learned that as important as the bell lap is (the final lap in any race), what you do heading into that final lap is just as important. Tomorrow we start the last week of the 2009 session, what might be called the bell lap for this legislative session. Today was our preparatory day for the final push.

We met in the majority caucus today at lunch and discussed aspects of the budget again, including updates on the federal stimulus package as it continues to unfold. There were several pauses on the floor today as joint leadership met to discuss aspects of the stimulus package that would require funds to be moved within our proposed budget and where those moves should be made. We will be having a caucus meeting at lunch every day the remainder of the session as the final details of the budget and the backfill areas are firmed up.

We were on the House floor for six hours today and heard 28 bills. Some of the most interesting bills, or bills with close votes, were:

HB179, Rep. Kerry Gibson, allowed the state to build a UTA rail station and development on sensitive 3000 year old archaeological site. This bill won 52-21, but my vote was “no.” I had spoken with several people in our district with expertise in this field who were concerned about the bill not providing adequate protection of this site, even in the face of repeated assurances from the UTA representatives. The site which was discovered two years ago, was almost protected by a permanent conservative easement, but that was not signed by the Department of Natural Resources.

1SHB 337, Rep. Chris Herrod, provides citizens to purchase a “Choose Life” special group license plate, with the proceeds from that purchase going to agencies that would provide support services to birth mothers who were choosing to carry their baby to term. This passed 44-27, with my yes vote, with the debate primarily centering around an amendment made by Rep. Johnson, changing the language on the plates to read “Support Adoption” rather than “Choose Life.”

1SHB 357, allows a person to carry a loaded firearm in a vehicle or on a person’s real property. This bill passed 65-8 with my yes vote. I received many emails on this issue from people passionately pleading for the passage of this bill.

SB 153, Rep. Morley and Sen. Madsen, is a bill that passed 42-29 and did not receive my vote. It prohibits local governments from requiring, as a condition of land use, documentation showing a school district’s willingness or ability to service a new development. I felt, like many, that cities, schools, and developers should work together to plan communities that enhance and serve families. School districts need to have a voice and involvement to make sure they have time to prepare for an influx of new students resulting from a development.

Things to watch for:
The Utah Constitutional Revision Commission will be meeting tomorrow at noon to discuss two bills that propose changes to the Utah Constitution, HJR 8, “Joint Resolution Regarding Secret Ballot,” and SJR8, “Joint Resolution Regarding Eligibility for Legislative Office.” The fact that this Commission had not heard HJR8 prior to it being voted on the floor was a concern to many, so it is good to see this meeting occurring before it moves to the Senate for consideration.

Liquor legislation will be firming up in the next day or so. I have heard we will not see the 10 foot wall or some of the other suggestions we’ve been hearing, but that Rep. Hughes bill is one that will be measured and balanced and achieves an important compromise for all parties.

HB 187, the stream access bill sponsored by Rep. Ferry, was reconsidered after its defeat earlier in the week. The bill was returned to the Third Reading Calendar. There may eventually be a new substitute bill. You can read the text here as it becomes available: http://le.utah.gov/~2009/HB0100ht.htm

Every week during the session I have received a postcard from a little girl who is part of the Utah Christian Home School Association. She usually shares a quote from a founding father or from the Bible and relates it to service as an elected official. I’d like to share the quote for this week from Thomas Jefferson. “In matters of style, swim with the currents; in matters of principle, stand like a rock,” Thomas Jefferson. She goes on, “We are praying you will set goals that place the important over the urgent and stand firm to establish them.”

I appreciate her postcards and thoughts. The message this week seemed especially appropriate; as the sense of urgency is increasing we need to be reminded to never compromise what is important or right.

To that end, let me share a few of the issues that have been both urgent and important these past few days. First of all, my bill HB434 was heard in the Natural Resources Committee on Friday. The intent of the bill was to address some of the needs relating to Air Quality in our area specifically and the state in general, by adding two additional members to the Air Quality Board; a member of the public and a member representing the local health department. Those of you who have been following this blog or other media are most likely aware of the proposed petcoke burning plant in West Bountiful. This is an issue that has sparked an awareness and given voice to the concerns of many over Air Quality and this bill is an attempt to make some changes in that area. However, within the timeframe and political realities we were dealing with I made the decision to recommend to move this bill to the master study list for interim. I think that will allow us the chance to study the process, rulemaking power, policy determinations, and enforcement actions of the Air Quality Board, including what representatives from the public and industry should be included. I am excited about the chance to examine carefully these issues and look forward to getting input from the spectrum of interested parties as we try to craft an appropriate and responsible approach to air quality.

HB 187 is a stream access bill I’ve referred to before. It is being sponsored by Rep. Ferry and was defeated on the House floor yesterday. As predicted by many, this afternoon Rep. Ferry made a motion to reconsider this bill in the House. That motion carried and the bill was returned to the Third Reading Calendar. Then Rep. Ferry circled the bill. It will be uncircled and heard again on the House floor at his discretion. He will most likely have a third substitute bill at that point. The bill that was defeated was a 2nd substitute with 13 amendments. You can read the text here as it becomes available: http://le.utah.gov/~2009/HB0100ht.htm. This bill has been followed extremely closely by many in our District.

HJR8 was heard on the floor today. The sponsor is Rep. Carl Wimmer. This bill would amend the Utah constitution to read, “All elections, including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation, shall be by secret ballot.” Because this is a resolution to amend the Constitution it needs to pass both the House and the Senate by 2/3 vote in order to be put on the general election ballot in November of 2010. It passed the House today, with my affirmative vote, by 53-22, three more than the necessary 2/3. There were some who felt this was a bill targeted at unions, that Utah already has one of the lowest union participations of anywhere in the nation, that we are a right to work state, that there are some unintended consequences, and that the Constitutional Revision Commission wasn’t involved in examining this resolution before it came before the legislature. In the end, however, a desire to bring the vote to the people in November of 2010 and giving them a voice in the decision of how these types of elections should take place was the facet that swayed many people to support the resolution.

Just one note on budget information regarding federal stimulus backfill for public ed and higher ed, those cuts now represent “only” 6% for public ed and 9% for higher ed. While still challenging to implement, those cuts place us in a much better situation than anticipated.

There is an increasing intensity up on the hill as the days of the session are drawing to a close. We’re spending more time on the House floor and less time in committees. In fact, Wednesday morning is the last time Standing committees meet. After that it is 100% floor time. A lot of the work has been done, and it’s sort of like the preseason and conference games are over, and now it is crunch time and the bills are coming fast and furious. Many of the “biggies” are still out there and it feels like each bill matters more and more. The background reading and research reminds me of cramming for finals in college.

Today in majority caucus we reached consensus on a caucus position regarding the increased motor vehicle registration fee. We agreed to increase that fee to $20.00 a vehicle (highway vehicles only, not four wheelers etc.). There was some discussion of having a sunset date on the bill of 3 years from now, or at least a discussion of repealing it at some date when the economy begins to improve. I voted for that amendment, but it failed to pass with the majority caucus. A great presentation on restoring the sales tax on food was given by Rep. McIff. He makes a compelling case for that tax which is stable and spread over a broad base and would bring in an addition $160M even with the protections he has included for low income people and most of the advocates for low income issues are supporting his bill. Then Rep. Ray presented his bill which would increase the sales tax on cigarettes to 1 cent over the national average, $1.22 or thereabout. An analysis would be done each year and the tax would maintain the level of always being 1 cent above the national average. I have received a tremendous amount of emails supporting the cigarette tax. There are tremendous and compelling arguments for the benefits of the cigarette tax, including the number of people who will quit smoking, and the number of adolescents who will never start, as well as decreased health care costs for smokers and their families.

My bill, HB434, is most likely going to head to interim tomorrow. It is a bill addressing Air Quality and would increase the number of participants on the Air Quality Board by one additional member representing the public and another member representing the local health department. The good part about taking it to interim is that it allows the issue to be discussed through the year. This will give us the chance to investigate the rule making process within the Department of Air Quality and examine how or if we should address the composition of the Air Quality Board. We will now have a chance to bring all the stakeholders together and gain consensus on some long term views that will be helpful as we move forward. I feel optimistic about this opportunity, and although I would like to have seen this bill pass out of committee this session, given the time and political restraints I am facing right now it is the more expedient thing to move it to interim.