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Show Tlx Sil ; ! alp Tribune, Friday, January 31, 1966 f Senate Passes a King Bill, But Holiday Is in Doubt . Continued Frf in 4 1 t!u: VVjlI.ums Lii, until they could ho"i Cof.Hd'T ,urcs at the Sdir c time a ,o.'ne senators seg-- ! gciicd H would dan. m:.h the (har.cc', of t!if Senate version g oer to the House in time to clear the legislative proee pa-in- j ' j and hecome law I' s iTportar.t we take care of t e t ill r.ow and f iss it over to the r!ous-,he added Senate Minori'y Leader Rex Lake was less dip-loFils' I. iiir in his assessment of how the 'wo hills are being handled bv1 the R 'publican-dominateLegis" I late- i "We as Democrats can see the whole scenario of what's being doi here an f we don't like what s being done," he said, insinuating the Legislature was attempting to :H to ma'e kill Sen Williams' Kinp Day k ik like a uepuhlican-spenore- d ,t lin i, , )y bv comes I1" The ,'L u e sponsor (Rep hykesl even went on TV and sand o as aga.ni. a Martin Lutuer King Day. said Sen. Black, who me-ini- J n "ur '"so, uated 'he f ftenubli-- , n.lt Oe In 'i jdiilpilig -j wabon because of politic sure v 'a i. ,v n Williams attempted o make his bill consistent with th1 Sde1 bill, leveial sena'ers balked at the .ufcgnsti' a Abraham Linolns birthday be deleted in favor of the King day. C .. pi-i- j Sen, Paul Rogers, offered the amendment to delete Jolumbus Day instead, which is the second day in October, because it is a more innocuous day and people may not feel as much discomfort in deleting it. But after that amendment was approved and the bill was passed on a vote, Rep. Sykes said he could not endorse the Senate version in the House, He said deleting the Lincoln holiday was more palatable because it is no longer a federal holiday, while Columbus Day is. Rep. Sykes said the Senate was over which being "contentious day to drop to accommodate the King holiday. The issue may have to be resolved by a joint House-Senatconference committee, which is a mechan'sm for resolving difference- between tb two bodies, he 16-1- 0 e v.iid Jn o'her Senate action Thursday, the body passed a resolution a proposing constitutional amendment so charitable hospitals can be spared from having to pay property taxs. But senators deleted a section in that measure that would have also exempted charitable nurs.ag homes from th property tax requirement. The Senate also passed a bill exempting clergymen and lawyers from the state requirement to report suspected child abuse cases. louses Passes Smokeless Tobacco Hill Continued From A-- l would slap a year in jail and or a $1,000 fine on a person who pays for fraudulent degrees or credentials and then tries to make money by promoting his or her bogus professional ex- pertise HB198 addresses the end result of diploma mill conSenate bill is separate troversy dealing directly with those questionable institutions that offer degrees by mail or telephone order for a price Utahs d A Under HB28, Utah's cities and towns would collect an additional percent share of the state's sales taxes next year if flood conditions coop- erate Passed on to the Senate by a 63-vote, the measure represents a com- promise between local governments and Gov. Norm Bangerter, who would decide by June 1987 if the tax share worth about $12 million a is needed to combat flooding year or runoff. Current law allows the state to keep the local share through 1989 for water development projects. "It is time we acknowledge that cities and towns have the same budgetary problems we do. They're entitled to this money, said Rep. G. Lake City, Richards, HB28's chief sponsor. Finally, the House adopted a resolution 64-- directing the states Wildlife Resources and Parks and Recrealt 2 tion divisions to coordinate a Tribune Start Photo Dv controlled buffalo hunt to thin 100 head of Antelope Island buffalo from an unmanageable" herd of 450. Rep. Lee Allen gives Wendi King and Tribune Staff Writer Ignoring the pleas of one of its members to deal immediately with "a crisis situation," a Senate committee Thursday delayed for the third time any action on a bill designed to change the way liability lawsuits are handled in Utah. The Senate State and Local Affairs Committee decided to hold Senate Bill 64 until a citizens group has had a chance to meet with Gov. Norm Bangerter Monday and persuade him to form a blue ribbon task force to deal with the liability insurance problem in the state. The bill would do away with the so- - called joint and several liability concept, which currently allows an injured plaintiff to recover 100 percent of the damages alloted by a jury from a defendant that may have been only one percent at fault in the accident. That deep pocket concept in the law has concerned local governments which feel they are often unfairly singled out in liaiblity suits because they have more money to pay the claim than the primary defendant in the case. Opponents of the bill have argued, however, that the way the measure is drafted, it could prevent a severely injured citizen from recovering any damages in certain situations. They claim if a plaintiff is found by the jury to be 20 percent at fault for the accident and four defendants are each 20 percent at fault, the plaintiff recovers nothing because the bill says a in order to recover damages, the plaintiffs fault must be less than the defendants. They also claimed that under the bill, the defendant in a damage suit can bring in several other defendants, incuding those immune from suit under the law, like employers of the injured party, government agencies, etc. If those immune parties are found to have a percentage of the blame, the plaintiff cannot recover i lawmaking to help them in with Bear River gela Garfield some firsthand insight into Senate Committee Defers Action on By Paul Roily An- - "So. Sen. Finlinson's amendment should take care of your concerns, he said. Sen. Barlow urged the committee to pass the bill onto the full Senate immediately because "the longer we hold it in committee the less chance it has of passing the Legislature this year. "We're in a crisis situation here, Sen. Barlow said. The state, as well as cities and towns, cannot get liab-lit- y insurance ecause companies have been reluctant to write insurance for high-risclients, like municipalities. Sen. Barlow has said passing a law to protect deep pocket" entities like k Seniors Urge Funding for Alternatives Program By Carol Sisco Tribune Staff Writer Nan McPolin is still independent at 80, but she strongly urged legislators Thursday to fund programs that help other senior citizens stay away from nursing homes. Speaking before the Joint Health and Social Services Appropriations Subcommittee, Mrs. McPolin testified that the Division of Aging Services Alternatives Program costs less than nursing home care while allowing seniors to retain their independence. Appearing before the legislative body wasnt anything new for Mrs. McPolin who was a Senate clerk in 1961. Her husband also served as House speaker during the 1949 ses- Alice Gilmore, 70, receives help aide so that she from a personal-car- e can care for her husband who has had five strokes. When my husband was in the nursing home I told him that if he could get out of bed and walk to the bathroom Id take him home, Mrs. Gilmore said. He did it. He cant use his right hand so it is up to me to be responsible for both of us. Without assistance she said that -- Legislator In The Spotlight Without the program I couldn't do I would need to be in a home and my child would be it," she said. 53 nursing in foster care. Susan Pettee, a widow who is a victim of polio and confined to a wheel Several other alternatives program users testified to legislators and a committee room packed with senior citizens. The Gilmores have been married years, and we want to continue on being together, Mrs. Gilmore added. This program has been a lifesaver." Senator Urges Tax Increase Despite Qualms Re-Electi- on aout. "If you eliminated the alternatives program in two years you would find that the money you spent for rest homes could take care of alternatives for four years " she charged "Just tell us where to Mgn," said Rep. Stephen J. Rees. Valley City, who is the subcommittee's at the end of her emotional " testimony. "We ll buy it fiscal Analyst Marion Wittwer and G'W. Norm Bangerter both recommend a $924,100 alternatives budget, which is the amount received this year. But Mr. Wittwer told legislators he would reco nmend a $25,000 workload increase if funds are available Overall, Mr. Wittwer said Aging Services needs $8,1 y2.400 to operate next year. $7,200 less than the govr nor recommends. "We hope to emphasize programs hat we can use to keep people out nf estitulions." Aging Services Direr' or Robert Ward said. The division also devotes 60 per-o- f its services to the poor because nearly 35 percent oLUtah's population are living it or near poverty levels, Dr. Ward sJld. chair, said the alternatives program has enabled her to stay home and raise her daughter. LEGISLATIVE CALENDAR 18th Day HOUSE "I was involved then in something that had never been done before, she said. "While our husbands were on recess, we women held a mock legislative session. Mrs. McPolin is too spry to take advantage of the alternatives pro-g- i am, but the woman who is a volunteer worker for other seniors, urged assistance for seniors who aren't as healthy as she. Legislators won't vote on the aging services budget until Friday, but Mrs. McPolin gave them plenty to think long gone." But her friend, an accomplished pianist who is diabetic, remains in her own home today This program gave me the help and strength to continue on, she said. Otherwise I couldnt have made it." Sr v v 5iS '2 Rep. Afton Bradshaw By Dave Jonsson Tribune Staff Writer It is not an "impossible dream" but just a difficult task: imposing an income-tax increase in an election year when the public has spoken out against more taxes. Yet theres no time like the present to attempt to achieve tax equity, even if it "kills" him politically, state Sen. Karl Swan said Thursday. Thus did he describe his income tax revision bill, Senate Bill 80, to members of the Womens Legislative Council. Speaking in opposition was Rep. Franklin Knowlton, Drawing an analogy - j The Salt Lake County caseload is such that a judge averages 27 minutes deciding a case, she said. "I certainly wouldn't want my child's fate being decided in that short of time. And down in the southwest one judge spends his time traveling around the nine counties in the district." Rep. Bradshaw, the mother of three grown children, retui ned to the University of Utah two years igf to earn a master's fV(,iee in udomal history, and joineJ a group of college students on a a hoLit i.ip program in Kngland suggested there ought to be consideration of the "three Gs" growth in school population, growth in the population generally, and the Gramm-RudmaNew Federalism. What it means is, the state must face the fact that Utah has the lowest expenditure rate for education in the country, and that this could have a dampening effect on snaring new businesses, who place the quality of educational systems high on their lists when relocations are studied. Plus, the New Federalism is shifting new financial burdens to the states, Sen. Swan said The answer a new income-tarate schedule that promotes better equity among taxpayers, and raises more Snes been the vice president of ihe university alumni association, a member of the Utah Transit Authority board of directors, and now sits on the advisory board or the U.of U. Graduate SchogJ of SoO cial Work. per-pup- il x money too. Sen Swan's bill, as recently amended, presently would raise $62 million in new revenues while revisrates to provide ing state income-taa percent sliding rate, stepping at $1,000 income levels. He said the bill aims to recapture part of the 25 percent reduction in federal individual income taxes that resulted with passage of the Economic Recovery Aet of 1982. While the bill eliminates some tax deductions, for most families earning under $30,000 a year, the effect on present tax levels would be negligible At $40,000 and above, However,1 the state tax would begin to rise above current taxes. x onc-to-1- 0 come exemptions. "I dont feel we need a tax increase at all this year. . we're not really in the financial predicament we were in four years ago. He suggested that if we really want an increase, why not simply raise the rates. That's easy." . gover- nors three EV program, aen. Swan, n Rep. Afton Bradshaw, a first term Republican member of the Utah House of Representatives from Salt Lake City's eastside, is trying to get funding for two more juvenile judges - one for her county and another in southwest Utah. Opposing the bill, Rep. Knowlton said the measure was being proposed more for revenue purposes than for tax equity. He explained he believes the only fair tax would be a flat-rat- e a certain percentage of tax, .tax say, 5 percent for all income brackets coupled with elimination of all in- Proposed Fee S3. 30, Not S5, for Stamp duck stamp being considered by the Utah Legislature would cost $3.30, not $5 as stated in Thursday's editions of The Tribune. The stamp, which would generate revenue for the restoration of wetlands, has been recommended by A duck-huntin- g groups around the state. A bill authorizing the stamp has been sponsored by Sen. William T. Barton. Thirty cents of the purchase price would bo returned to the store or agency that sold the stamp The remaining $3 would be used for duck habitat. The Tribune regrets the error. cities and towns from the joint and several liability concept would send a message to insurance companies that Utah is attempting to lessen the risk of insuring such entities. The committee decided to hold the bill, however, after Brent Wilcox, an opponent of SB64, said a group has already scheduled a meeting with Gov. Bangerter to address the problem. Sen. Kay Cornaby, Lake, the committee chairman, said he wanted to wait and see if the two opposing sides of the controversy can reach a compromise everyone can feel comfortable with before the bill is reported out of the committee. lt HB280 (DeMann) Exempt the state tax commission from reimbursement requirements on the examination of financial records. HB281 (DeMann) Amendments In filing corporate franchise taxes. Bills sion. "This is how youll save money, she asserted. If my friend in Park Ci'y who is helped by alternatives didn't have that she would have been in a nursing home five or six years ago and her funds would have been would be impossible because she has crippling arthritis in her right knee. legislature. Changes Liability-Lawsu- it that percentage, the opponents have argued. A group of attorneys opposing the bill attempted to introduce a substitute bill addressing those concerns Thursday, but Sen. Fred Finlinson, said he was prepared to introduce an amendment that would allow the jurors in a damage claim to be made aware of all the possible actions that could limit a plaintiffs ability to recover damages. "Because the jury decides the percentage of fault of each party, the jury can assign fault to make sure the plaintiff recovers if it is the jurys intent to award the plaintiff damages, said Sen. Haven Barlow, Highs Porscnatis their activities Passed HB28 (Richards) Transfer portion of sfcrte sales fox to local oovernment op- tional use. By House 68-HB41 (Stephens) Provide exception to size limitations on fireworks for public displays. By House 59-HB113 (Frandsen) Require Board of Education, Social Services Department and local school districts to develop a coordinated education and treatment program for handicapped children. By House 57-HB141 (Karros) Provide optional payment methods for corporate tax on nonresidents' shores of Utah small business Incomes. Bv House 65-HB154 (Maxfleld) Require health-ris- k warning labels on smokeless tobacco print advertisements. By House 49-1HBI95 (Tuttle) Authorize annual election ot o chairperson to the boord ot family services. By House 55-HB198 (Reber) Prohibit an Individual from using fraudulent education credentials. By House 67-0- . HB217 (Dmltrlch) Delete "mine props" os an Item requiring proof of ownership In order to transport. By House 65-0- . SB 107 (Carling) Permit deputy county attorneys to authorize autopsies. By House 61-Resolutions Passed HJRI9 (Dahl) Direct the Division of Parks and Recreation to work with the Division of Wildlife Resources on o controlled hunt to cull the buffalo herd on Antelope Island. By House 64-Bills Introduced HB275 (Browning) Require an Individ- ual under the age of 18 to complete a driver training course prior to obtaining on operator's license; and repeal the student driver education program in public schools. HB276 (Phelps) Require cities and counties to adopt on open-spac- e plan and submit It to the state planning coordinator for approval. HB277 (Burnlngham) Amend the Utah Housing Finance Agency Low; expand the definition of "mortgage"; and allow the agency to make loans to rehabilitate residential housing for low Income persons. HB278 (Pitcher) Provide a bill ot rights tor victims and witnesses Involved In the criminal lustlce system. HB279 (Dahl) Moke It a State policy to publish educational materials tor snowmobiles and vehicles. HB282 (DeMann) Continue State Tax Commission garnishments until the liability Is satisfied or becomes unenforceable due to lapse of time. HB283 (Christensen) Licensing requirements for drilling water wells. HB284 (McKeachnle, Lewis) Provide the Securities Division with cease and desist power against violators of the Uniform Securites Act. SENATE Bills Passed SB17 (Williams) Declare Jan. 20 birth of Martin Luther King os o state legal holiday Instead of allowing personal preference holiday. By Senate SB65 (Rogers) Exempt clergy and attorneys from reporting requirements In connection with child abuse. By Senate 25-- SB71 (Finlinson) Maintain financial re- serve In Water Resources Conservation and Development Fund rather than previous plan for use to pay off 1985 bonds for prison renovation. By Senate Resolutions Possed SJR4 (Pugh) Amend the Utah Constitution to extend property tax exemption to 22-- hospitals. By Senate 20-HCR13 (Strong) Memorialize the seven members ot the Challenger Seven shuttle who died tragically In on explosion; express condolences to the families and loved ones of those who perished. By Senate 18-- Bills Introduced (Bangerter) Peace Officer Training Amendments. SB 189 (Bangerter) Implement the federal surface transportation assistance act requirements. SB 188 SB190 (Barlow) Prohibit counties, cities ond towns from controlling rent on residential property. SB191 (Woyment) Require certoln licensed health core providers to comply with consent requirements for nonemer-genc- y health care under penalty of unprofessional conduct. SB 192 (Swan) Deposit of certain percentages of revenues from soles and use tax Into the wildlife resources account. SB 193 (Money) Increose penalties for dog fighting ond training for dog fighting. SB194 (McAllister) Establish procedures lor situation when an agency's line Item budget Is overexpended. SB 195 (McMullln) Issue certificates of title for recreation vehicles. SB 196 (Hlllyard) Increase misdemeanor fines tor Individuals and corporations. SB 197 (Renstrom) Limit retirement benefits; provide employment limitation on exempted officials. SB 198 (Coiling) Procedures relating to circuit court affidavits. SB 199 (McMullln) Implement a new retirement plan for public employees. SB200 (McMullln) Provide an early retirement option for public employees who hove 25 years of service under the state retirement system. SB201 (McMullln) Change the final ov- erage salary calculations from o five year to o thr ee year overage; require the employer to pay the cost of the benefits. House Committee Passes (('organization of Utahs Judiciary The House Judiciary Committee Thmsday approved Senate Bill 100, the measure that will partly reorganize the state's judicial structure and create a new intermediate appeals court. 1 hr hill would implement the Judicial Article revision of the Constitution which was approved by voters in 1984 Committee members listened to Rep Moss and Chief Justice Gordon It. Hall explain the bill, and then heard several proposed modifications, one of which would have kept administrators for each of the various levels of courts, rather than creating a statewide court administrators position. Rep Lloyd Selleneit, suggested the lower court levels would suffer for having their administrator removed from close contact But committee members eventually agreed with Rep. Craig Moofy, R- - Sandy, that this bill has been extensively discussed and if its what the judges want, let's not change it. . The bill would establish a court of appeals of seven judges (which would sit in rotating panels of three judges), provide for election by justices of the chief justice and associate justice, and provide a structure of responsibilities, based on case types, for the Supreme Court and ty intermediate appeals court to haniM. |
