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Invasive TSA searches at airportsRep. Ken Ivory, R-West Jordan, offered a resolution, HCR3, that may just be a first step to stop what he sees as the conditioning of Americans "to just submit" to the federal government. "Our liberties are being conditioned away," he said.
His resolution wouldn't mandate any changes in how TSA conducts searches at the airport, instead "strongly urging" the agency "to adopt less invasive but equally effective" procedures.
Congress is urged in the resolution to investigate policies that may violate privacy rights and address the safety and other concerns about the use of full-body scans.
Stopping "animal-rights terrorists"
Veterinarian and part-time farmer Rep. John Mathis, R-Vernal, wants to put a stop to what he called “animal-rights terrorists” who take videos or photos on farmers’ property without permission to create propaganda aimed at destroying the agriculture industry.
Mathis’ bill, HB187, would make “agricultural operation interference” a crime, a class A misdemeanor on the first offense, a third-degree felony on the second.
While the House Law Enforcement and Criminal Justice Committee passed the bill out favorably on Tuesday, opposition remains from animal rights and criminal justice circles.
Such undercover photography is needed to bring animal abuse on factory farms to public attention, said Lindsay Rajt, a national spokeswoman for People for the Ethical Treatment of Animals. Such investigations have led to criminal prosecutions in some states, she added.
Should counties get state approval for land use?
Rep. Mike Noel, known for railing against the federal government when it comes to too much control over federal lands, says it is not hypocritical to require state lawmakers to sign off on any local land bills dealing with potential wilderness designations.
His HB176 requires counties to work with the state's public lands policy office and get a legislative nod of approval before any local land use bills are floated at the congressional level.
The bill passed over the objections of Rep. Joel Briscoe, D-Salt Lake City, who worried about adding another legislative hurdle, as well as objections from Rep. Christine Watkins, D-Price, who argued that the legislation is overly restrictive and has the potential to shoot down any local progress made on land bills designating potential wilderness areas.
Cities could condemn federal land
Despite analysis that says his measure is blatantly unconstitutional, Rep. Ken Sumison is forging ahead with a proposal that would give cities the power to condemn federal public land if it can be put to a better use.
HB511,which passed out of the House Natural Resources committee, would not go in effect until 2014 and augments a law passed two years earlier by the Utah Legislature that gave the state eminent domain authority over public land.
A new version of SB112, which is sponsored by Sen. Wayne Niederhauser, R-Sandy,was passed by the Senate. Cable providers would receive a state tax credit equal to 65 percent of the total franchise fees they pay to local governments. Cable providers currently receive a 50 percent tax credit. This would correct an imbalance in taxes between satellite and cable. Satellite subscribers pay a 6.25 percent excise tax to the state — but no local franchise fee. Cable subscribers pay a 3.75 percent excise tax to the state plus a franchise fee to their local government. Some local franchise fees are as high as 6 percent; meaning cable customers' total tax would be 9.75 percent.
New "records ombudsman" would be added by GRAMA bill
A bill introduced Wednesday in the Senate would amend Utah's open records law, creating a state records ombudsman to assist the public in making records requests.
The proposal would also require government officials who handle records request to take an online training course and receive certification each year.
SB177 is the result of a working group set up to review proposed changes to the Government Records Access and Management Act after lawmakers ran into a buzz saw of opposition last year after attempting sweeping changes that largely cut off public access to government records.
Putting students in charge of allocating school funds
A proposal that would overhaul education funding for Utah high school students was held up in a House committee Wednesday so it can be further evaluated and amended.
HB123, sponsored by Rep. John Dougall, R-American Fork, would give each of the state's 167,000 high school students an individual education account in which the state would deposit funds for courses and school fees. Rather than allocating money to a district based on how many students are enrolled, Dougall's proposal would allow students and their families to choose where they want to spend their allotted $6,400 per school year.
Senator wants all public school classrooms to recite pledge daily
Sen. Aaron Osmond wants every public school classroom to recite the Pledge of Allegiance every day.
The South Jordan Republican also wants a student to lead the pledge each day as assigned by the teacher on a rotating basis.
Currently, state law calls for elementary school students to say the pledge each day, while secondary students must do it once a week at the beginning of a day. SB223, which was introduced Wednesday, would require all public schools to recite the pledge daily.
Traffic violations could be expunged under Senate bill
A Senate committee approved a bill Wednesday that would allow drivers to have minor traffic offenses expunged from their records.
Sen. Curt Bramble, R-Provo, sponsor of SB201, said it makes no sense that Utah law allows courts to expunge drug convictions and other serious crimes but not moving violations. Calling it a loophole in the law, he said it could hinder people from obtaining employment.
"Should someone be denied a job because they had a traffic citation from years earlier?" Bramble said.
The bill would not provide an "absolute get-out-of-jail free card" but be limited to certain minor violations, excluding DUI or other serious offenses, he said.
SB201 moves the Senate floor.
Bill: No GPS tracking devices without a warrant
Police would no longer be able to place GPS tracking devices in vehicles without a warrant under legislation a Senate committee approved Wednesday.
SB236 strikes a section in Utah law that allows the practice, which would bring the state in line with a recent U.S. Supreme Court ruling. The Utah Attorney General's Office and the ACLU of Utah support the bill.
Eliminating the section would leave law enforcement no other option but to obtain a warrant, said bill sponsor Sen. Todd Weiler, R-Woods Cross.
The bill now goes to the Senate floor.
Bill aims to ensure appeals of justice court decisions
A Senate committee passed a bill Wednesday aimed at ensuring those who appeal a justice court conviction get a new trial in district court.
Justice courts are not courts of record. Defendants who appeal a justice court ruling have a constitutional right to a de novo trial in a court of record. De novo is a Latin phrase meaning anew.
Sen. Curt Bramble, R-Provo, sponsor of SB214, said there are circumstances where a new trial has not been allowed.
"I think we need to protect constitutional rights," he said. "De novo means de novo. It's a constitutional right."
The bill would grant an immediate stay to a justice court decision pending the appeal. Justice courts typically handle class B and C misdemeanors, including DUIs and domestic violence.
Although the committee passed the bill, Bramble plans to amend it on the Senate floor. He said he intends to include exceptions in cases of DUI or domestic violence where there might be a threat of personal injury or violence.
Also, he said he may include a provision that calls for prior court orders such as protective orders or no-contact orders to remain in place during the appeal.
Limits on environmental boards membership approved
The House approved a bill Tuesday limiting membership on Utah Department of Environmental Quality boards, a vote that critics warned gives the governor too much control over public health issues.
SB21 "will erode public confidence in the decisions being made," House Minority Leader David Litvack, D-Salt Lake, said, citing provisions in the bill allowing an appointee of the governor, the department director, to override decisions.
"The executive directors of agencies serve at the behest of the governor," Litvack said. "Perception is going to be a big problem."
But Rep. Jim Nielson, R-Bountiful, asked why members of an appointed board overseeing air quality and other areas would be seen as better representatives of the public than an elected governor.
"My question is who does respond to the public more, the one who has to face them in an election," Nielson said, or members of what he called an insulated and independent board with "no accountability to voters."
The House sponsor of SB21, Rep. Bill Wright, R-Holden, said the new authority for the department's executive director still allows for decisions to be challenged in court.
"The buck don't stop there," Wright said. "There is always an appeals process."
Several attempts to amend the bill failed, including a proposal by Rep. Becky Edwards, R-North Salt Lake, to ensure that the membership include a doctor with expertise in environmental and public health.
Edwards said her proposal was intended to "encourage a broader and more robust discussion in the area of public health" and "add another voice who can speak for the people of Utah."
Contributing: Ladd Brubaker, Amy Joi O'Donoghue, Dennis Romboy, Molly Farmer, and Lisa Riley Roche
