Keeping House

by Representative Kraig Powell

March 10, 2009

It’s hard for me to believe that the 2009 General Session of the Utah Legislature ends this week. In some ways it seems like the 45-day session just started, but in other ways it seems like we have been meeting forever!

The frantic pace of these last few days at the Legislature is unreal. We will be meeting continuously all day and every evening this week, and the closing gavel on Thursday night will not fall until midnight.

This final week is the time to be especially vigilant, because many bills are brought forward with no committee hearings and can be voted on quickly with little or no debate. In general, I do not believe this is healthy for the policymaking process and so I am trying to carefully study each of the dozens of bills that are still advancing and raise red flags when necessary.

The following are some of the most significant legislative proposals still pending to which I am devoting my attention:

• Cell Phone Use in Vehicles: Various bills are being proposed that would either prohibit text-messaging or ban all cell phone use while driving. I favor these bills. Some bills contain exceptions if a hands-free device is used.
• Billboards and Scenic Byways: Passage looks likely for a bill that will give cities and towns greater control over billboard restrictions on scenic byways. I voted for a revised version of this bill. Many municipalities located on scenic byways have complained that current law often bans signs even in their downtown commercial zones.
• Tobacco Regulation: Despite strong public support, it looks like an increase in the tobacco tax does not have the backing of legislative leadership and so will not be brought for a vote. A ban on smoking in vehicles while children are present will probably also die without a vote. I support these bills.
• Illegal Immigration: The new immigration restrictions passed last year will go into effect July 1, 2009 because no delaying legislation has been enacted. A new inter-agency strike force to combat serious crimes by illegal aliens has passed the House this year and appears likely to pass the Senate. I voted for this bill.
• Liquor Sales: Major changes to the serving of alcoholic beverages in Utah may be enacted this week. The requirement for membership cards will probably be repealed and replaced with an electronic ID scan to check for underage patrons. Stiffer drunk driving penalties and civil liability will also be included in the measure. I support these bills.
• Firearm Possession: Several bills are still advancing to allow possession of firearms in a moving vehicle and also in a parked vehicle at a person’s place of employment. The Senate and the House have each passed different versions of these bills and final enactment seems likely. I voted for the House bill.
• Felony Tampering with Mineral Lease Auctions: A bill is pending to criminalize entering false bids in auctions of federal land leases. The bill has passed a House Committee and is now on the House Floor. I support the bill.
• River Access: This high-profile bill restricting access to public waters on private lands was voted down once already, but it has been resurrected for this session by a motion to reconsider. I remain opposed to the restrictions in the current version of the bill but am ready to sit down with all affected parties to carefully craft a law that will protect private property and serve the public interest.
• Anti-PTA Legislation: This bill now on the House Floor aims to curb the influence of the PTA in Utah schools. While I agree with its premise that all parent groups should have equal access to school resources and facilities, I cannot vote for its unworkable and punitive non-discrimination provisions, which would prevent a school from partnering with any group to sponsor activities and events.
• School Funding Equalization: This tax policy change would take money largely from rural school districts and distribute it to urban areas on the Wasatch Front. As of this writing, these bills appear to be dead due to a vigorous effort mounted by legislators in the rural caucus to which I belong. But in the final days of the legislative session anything can happen, so we must continue to be wary.
• Prisoner Appeals: A proposed amendment to the Utah Constitution would limit multiple post-conviction appeals by convicted criminals, which cause undue delay and cost our taxpayers millions of dollars every year. This measure must pass with a two-thirds vote in both the House and the Senate in order to be submitted to the citizens for ratification in the November 2010 general election. I support the amendment.

Please continue to contact me with your valuable input on these or other topics. My email is kraigpowell [at] utah.gov or you can call my office at 435-657-0185 and ask them to get a message to me.