House restricts power
House members voted to kill a bill Monday that would have restricted the powers of redevelopment agencies. But Tuesday, with an amendment, representatives voted to pass the bill.History: Redevelopment agencies are used in most of Utah's major cities to condemn and take private "blighted" property, raze the buildings and then sell the land to a developer for a specific project, like new office buildings or a shopping mall. Some legislators don't like the idea of government condemning and taking private property and then selling it at a discount to another individual.
Action: The bill, which would prohibit RDAs from using eminent domain powers (taking of private property by the government), passed 40-33 and was sent to the Senate.
Pros and Cons: Rep. John Valentine, R-Orem, amended out of the bill a provision that would have prohibited RDAs from selling their land at less than fair market value. He left the heart of the bill, which would prohibit RDAs from using eminent domain. Without condemnation powers, RDAs would have to negotiate a price for each parcel of land it wants to buy. That, says Rep. Bill Hickman, R-St. George, means no city will be able to improve its deteriorating downtown. "The last guy (private property owner) in the project area will just put a gun to the head" of the RDA. "You'll have to pay the price for his land, regardless of what its fair market value is."
But sponsor Rep. Reese Hunter, R-Murray, said the Founding Fathers were correct when they protected private property rights in the Constitution. "They didn't protect the property rights of governments or agencies, but people. And you (House members) should remember who sent you here, not governments but the people."
Tax breaks
Coin-ops keep tax exemptions
Issue: Searching for money to build schools, Gov. Mike Leavitt wants to remove sales-tax exemptions on services of several businesses, including coin-operated, laundries and carwashes, taxicab companies, buses, carriages and video games, to name a few.
History: To arrive at a list of repealable tax exemptions, Leavitt had two committees examine the state's exemptions over the past year. Leavitt came up with his own $4.8 million list two weeks ago and lawmakers placed it in a package of several bills amending the state's sales tax code. But last week the plan began to unravel as the Senate Revenue and Taxation standing committee let taxi companies keep their exempt status.
Action: The unraveling continued Tuesday, as the committee let coin-operated laundries and car washes out of the bills that would close the sales tax loopholes. The legislation now goes to the Senate, after the committee allowed to escape $1.5 million of the tax exemptions Leavitt wanted to close.
Pros and cons: Sen. Lyle Hillyard, R-Logan, sponsor of the legislation, pleaded with committee members not to amend the bills but to debate them on the Senate floor. But committee members forged ahead, compelled by arguments from coin-operated businesses that there was no way to collect the tax from customers. "If you can't collect it, it's an income tax" on the business operator, said Sen. Ron Ockey, R-Salt Lake.
Bill advances
Sobriety tester passes Senate
Issue: Convicted drunken drivers could be back behind the wheel sooner with a court-ordered device that keeps a vehicle from starting if alcohol is on the driver's breath.
History: Sponsor Sen. Scott Howell, D-Sandy, calls sobriety checker a better option than license suspension, where violations are common.
Action: The Senate passed the bill 24-0 Tuesday, passing the bill to the House for consideration.
Pros and cons: Proponents say allowing violators to drive with assurances of sobriety keeps them able to work and provides constructive rehabilitation. Skeptics question the ease with which a drinking driver could cheat the device. Howell said the devices hedge against cheating by requiring a random breath check several minutes after initially starting the car.
Loaded guns
Civil liability clarified
Issue: A Senate bill expands the definition of "loaded" and defines negligence for gun owners who keep loaded weapons in their homes and would leave them civilly liable if a minor gained access to a loaded gun and injured or killed someone. Exceptions include homes where the gun owner reasonably expects no children will be in the home and instances where guns are taken illegally.
History: Sponsor Sen. Robert Steiner, D-Salt Lake, says the bill promotes safety for children and sends a message to adults to take proper care of guns. Steiner has introduced a companion bill that would impose criminal sanctions against negligent gun owners under similar situations. He said he will watch the outcome of the first bill before deciding whether to push the second.
Action: The Senate passed the bill 16-12 Tuesday.
Pros and cons: Skeptics call the bill's definitions of negligence repetitive to current law or question whether the provisions add up to gun control; Steiner calls it gun education, not gun control. Supporters say the legal clarifications clear up gray areas in the law.
Revolving door
Senate dumps lobbyist bill
Issue: Restricting legislators and other state officials from becoming paid lobbyists until one year after leaving their positions.
History: Recent polls show the public's belief that lobbyists can buy influence in the Legislature. Several legislators have introduced bills aimed at opening the Legislature's workings. Sen. Scott Howell's bill would have required all officials elected to state positions or appointed to full-time positions by the Legislature to wait a year after leaving office before becoming paid lobbyists.
Action: During a Tuesday Senate debate, Sen. Stephen Rees, R-Salt Lake, successfully amended the bill to include all full-time state employees in the one-year wait but exempt legislators. Howell reamended the bill to put legislators back in (since closing the revolving door between the Legislature and the lobbyists was his intent), then the Senate killed the bill by a 12-15 vote.
Federal mandate
Senate OKs `motor voter' bill
Issue: The Utah Voter Registration Act would bring the state into compliance with a federal law by automatically registering voters when they renew drivers' licenses. The Department of Human Services would also query welfare applicants about voter registration.
History: The bill would be dead without the mandate. Senators on Friday approved the bill for a final debate only after complaining about the mandate and aligning votes to let the measure advance by the narrowest margin possible.
Pros and cons: The bill has few fans. Utah already has one of the highest voter registration levels in the nation and implementing the bill would cost $1.5 million and create mountains of additional paperwork for the lieutenant governor's office.