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Show 6A The Salt Lake Tribune, Friday, February 14, 1986 Panel Pours More Liability Into Dram Law, Cuts Damages ' By Douglas L. Senate Bill 182, sponsored by Sen. Lake City, Richard J. Carling, would limit any such damages to 100,000 for an injured party or up to an aggregate of 1300,000 to all persons injured. It adds that any such third-partlegal actions would have to commence within one year from the date of injury. It is a must bill" for passage this session to permit outlets, such as private clubs or restaurants licensed to serve liquor, to obtain reasonable liability insurance, Sen. Carling said. d damThe potential for availinsurance has restricted ages ability and boosted costs. Parker Tribune Political Editor A proposed law expanding legal liability for the sale of alcoholic beverages, but limiting potential damages that could be collected under the states Dram Shop Act provision, was endorsed Thursday by a Utah Senate committee. The dram act provides that people providing liquor to those under 21 years old or to those who appear under the influence of alcohol can be liable for court damages sought by individuals injured in accidents resulting from the intoxicated persons action. lt y open-ende- Budget Committee Begins Cuts Panel Pulls Plug on Funds For S. Utah Water Tank ommended, but it fills a request to beef up the narcotics-enforcemeunit with an additional $100,000 over what the legislative fiscal analyst recommended. The Legislatures budget committee Thursday slashed $400,000 s out of proposed spending sought to pay for a water d tank on property near St. George. It was viewed as a minor effort by the Executive Appropriations Committee, but reflected the anxiety during the groups first meeting to search for ways to trim spending to balance next years budget before the session ends Feb. 26. The committee abandoned an effort to approve a $66 million total agenbudget for natural-resource- s cies amid uncertainty over how to finance acquisition of the Wolf Creek recreational property in Weber County and completion of the Clear Creek Indian-artifamuseum in Sevier top-lev- natural-resource- state-owne- Pals Place Groom In Ball and Chain ACOMB, England (AP) County. The one budget cut approved volved the Division of State Lands' request to pay for the placement of a water tank on about 6,000 acres of undeveloped state land south of Bloomington Hills. The division, in cooperation with St. George, which would provide the water for tank storage, viewed the project as an investment that increases the value of the state land which could subsequently be sold, potentially for home development. But Rep. Gayle McKeachnie, said such active development by the state would be a bad precedent. A private developer, seeing the value of the land with water, would and should pay costs of improvement, he argued. A split vote supported his motion to delete the spending. There were also initial committee objections to spending out of general funds $2.4 million for a contractual installment payment on the Wolf Creek land purchase started by the last legislative session, and another $800,000 for the last phase of the Clear Creek project, also commenced last year. An appropriation subcommittee suggested the funding mechanism contrary to Gov. Norm Bangerters proposal to pay for them through bonding. But concern over revenue forecasts led to holding up action. The executive committee also turned away from tapping the state's reserve for the first time as proposed by a subcommittee. This involved nearly $3 million to be diverted from the reserve to revolving loan programs for water construction programs. In contrast to the faltering steps over natural-resource- s spending, the proposed $343 million budget for the Department of Transportation and $42 million for the Department of Public Safety and the National Guard whisked through the executive committee for approval. Both budgets are substantially financed through federal funds and gas tax revenue, posing little vulnerability to the lawmakers search for general tax revenue to support the overall state budget. The transportation budget was about $11 million more than the governor sought, principally due to a revision in expectations of federal road building aid and gas tax money. The revenue picture was so improved that legislators asked staffers to determine if transportation-funrevenue could be diverted to finance such projects as purchase of the Marysville railroad line, improvement of the Burr Trail and building of the Trappers Loop Road in northern Utah. The public-safet- y budget is about $800,000 less than the governor rec in- ic flood-contr- d Groom-to-b- e Keith Littlewood called the fire department for help Thursday after his pals put a ball and chain on his ankle during a stag party. Littlewood, 27, said his friends locked the ball and chain on him during a party at his home Wednesday night. It was meant as a joke, but no one had a key, so Littlewood called the fire department to his house at 3 a.m. He was concerned because he had to go to work this morning and it would have been difficult to take it with him, said a fire department spokesman. for these limitaBut as a trade-of- f tions, the senator explained, the bill Is drafted to widen the scope of the dram shop provision to those selling beer for drinking on the premises, such as taverns, restaurants or events where beer is drunk. There would also be required attendance at d seminars for all employees who sell alcoholic beverages to the public for consumption on the site of the business. The Senate Business and Labor Committee cleared the bill for floor action on a unanimous vote after approving an amendment to ensure that state-sponsore- state-contracte- liquor package d As an attorney who has seen his share of the juvenile-justic- e system in Utah, Sen. Dale Stratford has made improvements in that system one of his top priorities during liu eight years in the Utah Legislature. is Sen. Stratford, sponsoring legislation this year that would set up a lay board to determine release conditions of a juvenile committed to detention by the courts. The formation of the board would protect both the juvenile and the state, said Sen. Stratford. It would set up uniform standards for release and parole conditions so a juvenile would not have to rely on whether someone likes him or not to get released. It would also protect the state from potential lawsuits. State officials are currently being sued for $4 million by a rape victim of a youth who had been released from a juvenile detention facility. Sen. Stratford said unform, written standards would alleviate confusion that might lead to lawsuits. The first-tersenator, who spent four years in the House of Representatives before he was elected to the Senate in 1982, is m agencies, many of them in hotels and motels, continue to be liable under the dram shop provision. Kenneth F. Wynn, director, State Department of Alcoholic Beverage Control, argued against the amendment. He said its unfair to continue to exempt grocers from such liability for their beer sales while maintaining the existing liability of the 45 package agencies since they both sell beverages for consumption. A representative for the hotel and motel trade association added that agency employees arent in a position to evaluate a customers state of ine lature, will have adopted a balanced budget, just as the state's constitution mandates. Without major tax increases or deep program cuts, the trick these days is to adopt one that stays balanced. The analysts $13 million projected loss in the new fiscal year, which begins July 1, largely reflects a downturn in worldwide oil prices and a mining-activit- y depression that wont let up. In essence, Utah lawmakers had to swallow a bitter dose of global economics Thursday. State tax revenues related to oil production and mineral leases are slumping below estimates. Although no help, figures based on the 1985 Christmas shopping-seaso- n quarter showed sales taxes were at least living up to guarded, largely flat expectations. In the governors overall $2.7 bil Soviet Sailor Seeking Asylum in Belgium - A SoBRUSSELS, Belgium (AP) viet sailor defected and asked for political asylum in Belgium, the Foreign Ministry confirmed Thursday. The defection was first reported by the Soviet Embassy, which leaked to the press a complaint it sent to the Foreign Ministry about Belgiums silence on the case. The sailor, Didzis Rosenberg, reportedly defected from his freighter Engineer Netchiporenko Dec. 17 in Antwerp. The age and hometown of the sailor were not given. The Soviet Embassy said Belgiums refusal to provide information was "totally unjustified and contrary to elementary norms of international law and human rights, owing namely to the anxiety of the Rosenberg fam- ily. The Foreign Ministry said it was forbidden to release information on the location of a person asking for political asylum. It said Rosenberg's request for asylum was being studied. ate 19-- SB81 (Cornoby) Implement retirement alternative for public emSenate By ployees. SB82 (Cornaby) Establish a new death benefit for members of the public employees' retirement system. By Senate 20-- Sen. Dale Stratford also pushing hard for a $5 million appropriation for the Trappers Loop Road, which would make northern Utah ski areas more accessible to motorists, and an $800,000 appropriation for river enhancement programs. la-to- rs fees for state governments general operations and public and higher education systems. At least $21 million must be pared from subcommittee recommendations before the Legislature is back to square one. With the House and Senate currently taking contrasting approaches, legislative budget makers will be weighing elements such as raising the school property levy by 0.9 mills to recoup $8.2 million lost last year. Senate Republicans are apparently willing. But representatives are postured to fight it, pointing instead to such potential budget balancers as the flood reserve, some $7 million in delinquent or undetected taxes or about $4 million in Utah Housing Finance Agency funds. SB164 (Peterson) Clarify notice provisions when excavating underground utility facilities. By Senate 22-HB19(McKeachnle) Authorize financial Institutions to conduct demonstration drives of repossessed vehicles carrying transporter By Senate HB70 (LeBaron) ate 21-- Increase the fees required to register a recreation vehicle. By Senate SB 125 (Sowards) Allow peace officers to moke warrantless misdemeanor arrests. By Senate SB151 (Peterson) Establish appeal procedures for taxing districts which contest collection, assessment and distribution costs chorged by the county. By Senate SB 122 (Holmgren) 17-- 22-- 23-- 24-- Clarify first degree felonies Included In probation and parole statutes. By Senate 25-HB152 (Allen) Expand the use of money under the Insect Infestation Emergency Control Act. By Senate 22-HB167 (DeMann) Provide a five-daresident fishing license. By Senate 21-HB182 (Richards) Prohibit certain persons from purchasing alcoholic beverages and allow merchants to detain persons seeking purchases unlawfully. By Senate 26-HOUSE Bills Passed HB148 (Reber, et al.) Set land aside for a veterans' memorial park. By House SB 12 (Hlllyard) Amend drunken driving penalties to measure work prolect service ond loll sentences In specified hours rather than days. By House SB36 (Stratford) Establish a Youth Parole 63-- 53-- Authority. By House st ol protection. 7, plates. driver and all front-sea- t passengers in a moving vehicle to buckle their seat belts or face the prospects of receiving a $25 fine. The measure failed on two previous votes primarily because of the arguments by several lawmakers that it would be taking a notch out of their personal freedoms. That argument surfaced again Thursday, but this time Sen. Pugh held his forces together to keep the measure from striking out on its third try. There has to be a time when we must stand up for individual liberties, said Sen. Brent Overson, Jordan, in opposition to the bill. No one in this body would vote for a mandatory exercise program or to prohibit people from eating foods because we would see it as an infringement of the rights of the people, said Sen. LeRay McAllister, He said it was just as much a denial of the peoples rights to force them to buckle up a seat belt for their own lion spending plan for 1986-8legh now are concentrating on roughly half of that generated by taxes and 20-- SB83 (Cornaby) Clarify eligibility under the public employees' disability act and exclude employees covered by the firemen, public safety and ludges retirement acts. By Sen- Mr. Fenn, whose citizens council was a principal in drafting the measemior one-da- y sure, said a half-da- y nar is envisioned. Seminar fees would be paid by the outlets serving alcoholic beverages. lt LEGISLATIVE 32nd Day SENATE Bills Passed SB17 (Williams) Declare state holiday to honor Martin Luther King Jr. on the third Monday In January. By Senate 19-SB39 (L. Peterson) Exempt sales and use taxes on tooling, support and test equipment used by aerospace and electronics Industries contracting with the federal government. By Senate 20-SB64 (Barlow) Abolish legal doctrine of lolnt and several liability as It relates to comparative negligence In tort actions. By Sen- laws. A-- cent sessions. Compromises and combinations of funding options will likely prevail. By adjournment Feb. 26, the Legis- - merchandise offered. Jerry Fenn, chairman, of the advisory Utah Citizens Council on Alcoholic Beverage Control, said it would be "wrong to cut back" on the current liability of the agencies. The proposed bill still preserves the existing immunity from liability for the state liquor stores and their employees. The bill establishes a new Alcohol- - Continued From l killed twice before and advanced it for a final consideration vote, probably to be held Friday. The bill, sponsored by Sen. Warren Lake, would require the Pugh, Lawmakers May Divide Smaller Pie -l goods. But Sen. Carling countered there is a distinction in that grocer sale of beer is largely incidental to other Lawmakers Pass Bill For King Holiday Legislator In The Spotlight Tax Revenues Decrease Continued From Atween $25 million and $50 million for new buildings and capital projects. In their rather animated caucus, GOP representatives continued to reincrease. They deject a school-lev- y bated nearly a dozen ways to keep spending and revenues in line, including some use of the flood reserve if necessary. But they flatly rejected the bonding notion and asked House leadership to negotiate with Senate leaders on limits for any new spending levels. Yet debate in the House caucus suggested taxes may have to be raised considerably in the next two years after Gov. Bangerters 1984 campaign promise not to lapses this year. With the Executive Appropriations Committee starting work to refine the new budget proposal Thursday, the differences of opinion only indicated that this sessions budget process would be no different than in re- ic Training and Education Advisory Commission to implement a seminar program to familiarize those who sell alcoholic beverages with alcohol effects on the body and behavior, recognition of problem drinkers and how to turn away service; alternative transportation for Inebriated customers; and an overview of state alcohol briation any more than grocers because of the brief time taken to buy 55-- (Bangerter) Amend the amount of fees that may be charged notaries public for various services. By House SB 129 (Barton) Provide for a waterfowl stamp; create a waterfowl stamp committee; and describe how revenue from the stomp will be used. By House SB51 55-- 38-2- But Sen. Pugh said he had become involved in the issue because I am concerned about human lives. Some legislators have said this is a special interest bill, Sen. Pugh said. Well, Ive got a special interest. My special interest is to save the lives of Utah citizens. The bill advanced on a vote, 17-1- 0 clearing the number necessary for passage by two votes, but some lawmakers hinted they may vote no on the final tally. Senators passed on to the house one of the more controversial measures in this years session. Senate Bill 64 would do away with the current practice of collecting 100 percent of the damages awarded in a liability suit from a defendant who was only slightly to blame, just because that defendant is the only one with the ability to pay. That concept, called the deep pocket theory has been strongly opposed by local governments, which say it is one of the reasons their liability insurance rates have skyrocketed recently. The bill would change the law to require each defendant in a liability suit only to pay the percentage of the award consistent with that defendant's percentage of blame. If a county, for instance, was found to be 10 percent at fault in an automobile accident for failing to move debris from a stop sign, the plaintiff, under the bill, could only collect 10 percent of the total damage award from the county, regardless of the ability of the other defendants to pay. Opponents of the bill said it would clog up the courts even more than the current backlog of cases because defendants would be less likely to settle claims out of court if they knew they would not be stuck with the entire amount even in a jury trial. They also said it would put more injured people on welfare rolls because they would be forced into poverty if the primary defendant that caused the injury was unable to pay the claim. But senators rejected those arguments and voted 19-- to pass the measure, which has spawned a sharp battle between plaintiffs attorneys on one side and insurance companies and local government officials on the other. Senators also passed a bill earlier approved by the House designed to 6 protect store clerks from possible liability in the event of a drunken driving accident. The measure, House Bill 182, would hold liable a clerk who sold beer to an intoxicated customer only if the customer's drunken state was apparent to the clerk. Education Panel Puts Hold On Resolution By Peter Scarlet Tribune Education Editor A measure drafted to update the Utah Constitutions education article, define a free education and give the State Board of Regents constitutional legal status was placed on hold by the House Education Standing Committee Thursday. Lawmakers, acting on the motion of Rep. Scott Holt, decided to put off action on Senate Joint Resolution 9 until they meet Monday morning after the representative said he wanted more time to study the bill. The measure, sponsored by Sen. has alLyle W. Hillyard, ready passed the Senate. If it passes the Legislature by majorities, the public will vote on it next November. Rep. Holt said the bill was the most significant piece of legislation lawmakers would be dealing with. An attorney, he said he wanted to examine its language more closely and hinted he may modify it. Several education officials and citizens discussed the legislation Thursday, most of them expressing support and the need to clear up ambiguities. W. Rolfe Kerr, Utahs commissioner of higher education, said the placement of the regents in the consititu-tio- n as higher educations governing board is needed to clear up possible, future controversies between the regents and Utah State Board of Educatwo-thir- tion. He, along with Sue Marie Young, the chairwoman of the regents, and Utahs state superintendent of public instruction, Bernarr Furse, said inclusion of the regents in the constitution would reflect the reality of separate public and higher education systems. State PTA official Mary Hammond said her organization backed the bills position on school fees that elementary schools remain free of charge and that the Legislature be authorized to determine if and what kind of fees could be charged in secondary schools. On putting the regents in the constitution, she said the state PTA was neutral. On removing current language specifying that state income-ta- x revenues must be spent on education, she said the PTA would prefer the language remain but felt even more strongly that citizens should get to decide next fall. Shirley Weathers of Utah Issues, an advocacy group for the said her organization would prefer to see an amendment guaranteeing a free education in secondary as well as elementary grades. Utah Issues, she said, wasnt against the imposition of school fees so much as the possibility that a fee structure may lead to educational inequity for families. Margaret Childs, a Brigham City resident speaking on her own behalf, questioned the bills proposal to change language allowing indirect aid to church-relateeducational institutions. On fees, she said all grades 2 should be free of charge. e, low-inco- d Bill to Allow Clergy, Lawyers Silence on Child Abuse Killed didn't refer it back because that gives By Carol Sisco Tribune Staff Writer a Legislation exempting clergy and attorneys from reporting child abuse was killed by a House committee Thursday, but a move to resurrect it is expected when the same committee meets again Friday at 2 p.m. Lake Rep. Frank Johnson, City, who moved to table Senate Bill 65 said he went into the House Social Services Standing Committee and undecided. But after hearing two hours of testimony he said a "compassionate feeling for victims made him speak out against SB65. "At first I thought about referring it back for further study," Rep. Johnson said, "But I lt "open-minde- d SB65, which was turned down on a vote, exempts clergymen and attorneys from Utahs Child Abuse Reporting Act in certain instances, according to its sponsor, Sen. Paul Rogers, Because legislators failed to account for certain exemptions in their zeal to encourage child abuse reporting, Sen. Rogers said present law is "constitutionally flawed." The majority of 27 individuals and organizations testifying at the public hearing opposed Sen. Rogers' exemptions, but spokesmen for the Mormon and Roman Catholic churches supported it. Theyll need a 6-- 4 two-third- s A consciousness has been committee vote to have the legislation reconsidered. level of raised." Parents, child advocates, former child abuse victims and attorneys testified against Sen. Rogers proposal. Liz Satterlee, an adult who was molested as a child, said the molestation affects her relationships with her sons and husband. "Confession may make a perpetrator feel better," Mrs Satterlee said, but it does nothing for the victim. William Evans, from the LDS public communications office, said the issue is a constitutional one. "I agree there is great ignorance and confusion at times among our lay clergy," Mr. Evans said. "But their The exemptions for clergy aren't even related to child abuse, Mr. Evans said. I believe this is intolerable. It is not related to child abuse. If the integrity of the confessional is violated the door will be wide open." While Mormon and Catholic officials supported the measure, the Episcopal Diocese opposed it. Clerics will already engage in civil disobedience rather than violate the confessional, said Father Bradley Wirth of St. Marks Cathedral. Priests may be qualified to hear confessions, Father Wirth said, but most aren't qualified to counsel child abuse victims. "Im inept" as a counselor on child abuse, he said. "Besides all those other reasons pale when you consider the rights of children. A woman who identified herself only as Laurie said she went her LDS bishop after her stepmother abused her. They were sent to LDS Social Services where "we had a few social meetings but the subject was never brought up. Later she called the church president's office and was referred to two different elders but "there was no therapy, Laurie said. "I understand the role of the Catholic and Anglican church and that of parents. But where parents fail the state has to step in and protect the child." Sen. Rogers said present law vio lates the Constitutions First Amendment right to establish a religion and that it also violates due process. This acknowledges clergy must be allowed to have the confessional take and maintains confidentiplace ality, he said. ... The exemptions are allowed in the confessional setting and in cases where the priest is bound to confidentiality, he added. The .egislation addresses the right of perpetrators and priests but forgets children, according to Sue Hack-et- t whose son was beaten to death by his father. d "I had a right to raise that child," Mrs. Hackett told legislators. |
