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Show Volume IX Issue VIII The OGDEN VALLEY NEWS Page 3 February 1, 2004 Utah Legislature 2004 General Session The 2004 General Session is . . . upon us—lasting through March 3. Like with any session, many issues will be studied and debated, not the least of which will include education, parental rights, and the budget. As you know, interim meetings were not held during the month of December. Instead, Republican legislators met to review ideas generated by caucus work groups. Legislators, on their own time, met in groups to study issues like economic development, limiting government, and family values in hopes of generating new ideas that could be presented as legislation in this year’s session. The process was a success and as a result, a number of bills will be presented as part of a unified 2004 House Republican Caucus Agenda. Please remember that your input is a critical part of the legislative process. I encourage you to be active in expressing your views to other legislators and me on matters of interest. As always, please let me know if I can be of service to you. Here’s to a great session. Marty Stephens, House Speaker House of Representatives General Session Preview—Key Issues January 2004 Parental Rights: Over 50 bill files have been opened dealing with parental rights. While not all of them will ultimately be pursued, it is obvious by the sheer number that this subject has struck a cord with many Utahns. Recent cases, like that of Parker Jensen, have brought the balance of child welfare and parental rights into question. Some believe that the state has impinged on too many of the latter and legislation is required to return more authority to parents for the welfare of their children. Public Education: During the 2003 General Session, the Legislature passed an “omnibus” education measure (SB 154) that sought, among other things, to shift Utah’s public school system to competency-based education. Critics have argued that such reform is unnecessary because public education need only receive more funding to succeed. Proponents disagree saying that putting more money into the current system is only a short-term solution. This core debate of funding and curriculum will likely be continued this session. In addition, the State Board of Education has suggested a number of modifications to SB 154, which include changing the process for nominating and recruiting State School Board members, delaying the implementation of new curriculum and graduation requirements, and clarifying potential conflicts with existing law. Tuition Tax Credits: Legislation may be introduced again to provide a tax credit for tuition payments to 1) private elementary or secondary schools and, 2) for donations to scholarship granting organizations that award scholarships for students attending private elementary or secondary schools. Repeal of the Sales & Use Tax on Satellite and Cable Television Services: During the 2003 General Session, the legislature broadened the sales and use tax base to include sales of satellite and cable television services in order to satisfy the demands of the state budget. The Revenue and Taxation Interim Committee found that federal law prohibits the imposition of local sales and use taxes on sales of satellite television services. This federal law means that a higher sales and use tax would be imposed on cable television than on satellite television. The committee believed that is was unfair to impose different tax rates on similar services, and recommended the tax be repealed. In addition, early projections show a slight budget surplus that essentially eliminates the need for the tax in the minds of many legislators. Workers Compensation Fund: As reported in the interim updates, Workers Compensation Fund (WCF) has been a matter of continued study and debate in the Business and Labor Interim Committee since the conclusion of last year’s general session. Discussions have centered on the Fund’s desire to gain independence from the state primarily to continue its out-of-state business interests and the state’s interest in keeping an “insurer of last resort” for its business community. Workers Compensation Fund is a nonprofit quasipublic corporation originally created by the Utah Legislature in 1917 to be that insurer of last resort. At its July and September meetings, the Business and Labor Interim Committee heard extensive testimony from private Utah and out-of-state insurers, the Insurance Department and other executive branch representatives, Workers Compensation Fund, and the public. Legislation may be filed again this year to authorize the Fund’s independence from the state with some consideration for the state’s interest in it. However, WCF filed a declaratory judgment lawsuit in October that seeks a ruling that the state has no ownership interest in the Fund or its assets other than as a policyholder. State Budget Revenues: By the end of FY 2003, the state of Utah experienced declines or zero growth in two major revenue sources—the state sales and use tax and the individual income tax. Together, these taxes comprise 89 percent of Open on SUPER BOWL SUNDAY for Takeout & Delivery at 3 p.m. WE DELIVER 745-1900 Hours: Open Monday - Thursday 11:30 a.m. to 9:00 p.m. Friday & Saturday 11:30 a.m. to 10:00 p.m. Sunday 5 - 9 p.m. 4920 E. 2550 N. Eden Located behind Iverson Dental the revenues of the General Fund and Uniform School Fund. State sales and use tax revenues for FY 2003 were 0.2 percent higher than in FY 2002. State individual income revenues were 2.2 percent lower. Corporate income tax revenues increased by 28 percent, but revenues from this tax were 13 percent lower than they were in FY 2001. Beer, cigarette, and tobacco excise tax collections shrank by 9.6 percent. For the first quarter of FY 2004, sales and use tax revenues were below target and individual income tax revenues were slightly above target. Better than expected collections of corporate income taxes, beer, cigarette, and tobacco taxes, and severance taxes have put combined General Fund/Uniform School Fund collections at $50 million above target. Transportation Funding: The Department of Transportation and the Metropolitan Planning Organizations have identified funding in the amount of $17.9 billion for highway needs through the year 2030. The CHF (Centennial Highway Fund) Program is under-funded, requiring an additional 10 years to pay off under current revenues and an additional $517 million in interest and bonding costs. This jeopardizes a growing list of other needed highway projects that are not funded under CHF. At the same time, Utahns are paying less fuel taxes per vehicle today than they have in 17 of the last 18 years. This is because fuel tax revenues are relatively flat and do not grow with inflation. Fuel taxes are the primary means of funding highways in Utah and account for 85 percent of the Transportation Fund. However, I do not believe legislation to increase the gas tax will be presented this session. that would delay jail time as a condition of probation while an offender receives substance abuse treatment. Driving Under the Influence: Identifying repeat DUI offenders to impose enhanced penalties remains a difficult problem. Prosecutors have found that a defendant may enter a plea of guilty or no contest for a first DUI offense before a thorough check of the defendant’s prior conviction history can be made. Courts are required to electronically report convictions so that repeat offenders can be identified, and prosecutors are required to examine the criminal history of the defendant prior to agreeing to a plea. A judge may allow a plea to be held in abeyance pending the defendant’s completion of an education or treatment incentive program. If completed, the defendant’s conviction may be reduced or dismissed. Legislation could eliminate loopholes that currently exist in the system. Identity Theft: Due to the increasing numbers of identity theft cases and the high victim costs associated with this type of crime, it is likely that legislation will be introduced to address this high profile issue. Unsolicited Commercial and Sexually Explicit Email: The issue involves “spam” email and the need for precise policy to prohibit the practice without blocking legitimate business email. While existing Utah law provides some legal remedies including damages for violations, there are still problems with the law that will likely be addressed this session. Land Use Planning for Critical Regional Facilities: Medicaid Funding: Medicaid funding will loom large over budget considerations during the 2004 General Session. In addition to meeting the growing demands for Medicaid services, spending on pharmaceuticals continues to escalate at a tremendous rate, putting enormous pressure on the budget. Drug Treatment Policy Reform: The Law Enforcement and Criminal Justice Interim Committee dedicated itself to the study of drug abuse, its relationship to criminal activity, and the value of providing effective substance abuse treatment for offenders to reduce recidivism and offer cost-savings to the state and its taxpayers. The committee may recommend legislation in one or both of the following areas: 1. Incarcerated Offenders—Increasing drug treatment and education in prisons, expanding Utah’s Drug Board, and implementing a post-adjudication Drug Court and/or re-entry system for imprisoned drug offenders upon their release. 2. Pre-Incarceration—Expanding Utah’s Drug Court system, increasing substance abuse treatment options, and implementing an intermediate sentencing option The Political Subdivisions Interim Committee discussed issues relating to the conflicts between governmental entities in the siting of critical regional facilities. Elements of draft legislation might include: 1) a process that provides some kind of upfront notification and coordination with respect to critical regional facilities; and 2) an appeal/conflict resolution process if negotiations and coordination efforts break down. Elections: As in recent sessions, there will likely be legislation aimed at reforming or making other changes to the state’s election code. Specifically, the Legislature may choose to make changes to election law in response to the federal election legislation, “Help America Vote Act of 2002.” Election issues that may be addressed include no-excuse absentee voting, statutory changes to accommodate a transition to electronic voting machines, and funding for these changes. All in all, it looks like it will be another busy session. As always, I welcome your input on these or any other issues. The Perfect Valentine Give the Promise of a Romantic Getaway Rates start as low as $69 801-745-MOOSE No Charge For Initial Exam Invisalign Children and Adults (Formerly Valley Junction Inn) 2547 N. Valley Junction Dr. Eden, UT Gift Certificates Available Visit our website and take a tour at www.theredmooselodge.com |