Posted by Utah House Democrats on Feb 27, 2010
Salt Lake Tribune Editorial
Updated: 02/26/2010 05:30:01 PM MST
As more people ride bicycles to save fuel, reduce air pollution and stay fit, the rules of the road are changing, too. A bill before the Legislature would allow bicycles to roll through stop signs if no other vehicles are approaching the intersection. Otherwise, they would have to stop or yield. The House passed the bill the other day, and we suggest the Senate give its OK.
As one Forum writer pointed out in The Tribune earlier this year, stop signs create more problems for cyclists than they solve. That's particularly true when the cyclist is wearing clips that attach a cycling shoe to the pedal. When a cyclist comes to a stop and unclips the shoe from a pedal to put a foot down, it is necessary to reclip when starting. This routine diverts the rider's attention from traffic. That's one reason why cyclists often approach a stop sign at an intersection at reduced speed, and after checking for other traffic, breeze through the intersection.
HB91 would change the law to conform to this common practice. Cyclists also insist its safer than requiring a complete stop when no other traffic is around.
Another reason that bicyclists prefer to roll through intersection is simple physics. If they maintain some momentum through the intersection, it requires less energy for them to regain full travel speed. Since, unlike motor vehicles, the cyclists are providing that energy with their own muscles, momentum is a big deal to them. A rolling bicycle also is more stable than a stopped or slowly moving one.
In addition to changing the rules for bicycles at stop signs, HB91 would allow cyclists to proceed through a red light if they first come to a complete stop and if the signal is operated by an automatic sensor that fails to detect a bicycle and give them a green light. Naturally, the bicyclist could only go through the light if the coast is clear, that is, no motor vehicle or pedestrian is approaching within a distance that constitutes an immediate hazard.
Admittedly, this new law would take some getting used to, both for cyclists and motorists. Some motorists already resent bicyclists being on the road at all, and they particularly don't like when cyclists roll through stop signs or red lights. But we are persuaded that the change would be safer for cyclists. Responsible riders won't just blow through intersections because they risk death if they do.
Of course, no law will work unless drivers and cyclists alike are alert and courteous. Making eye contact at intersections and signaling your intent or waving someone through can be the most important safety law of all. Unfortunately, you can't legislate that.
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Posted by Utah House Democrats on Feb 27, 2010
Deseret News Editorial
Published: Saturday, Feb. 27, 2010 12:10 a.m. MST
Too bad it takes a tragedy to wake people up.
That lament has been heard more than once. The truth is, change can be so uncomfortable that people often need a little push to get them going. And such seems to be the case with HB138, a bill sponsored by Rep. Carol Spackman Moss, D-Holladay, that would make alcohol- and drug-related hazing a "class A" misdemeanor. For those without a law book handy, that could mean an extra six months in jail and a stiffer fine than currently required.
This time, the "wake-up call" came when Michael Starks of Salt Lake City died from alcohol poisoning while being hazed at Utah State University in 2008. Of the 12 people charged in his death, seven cases were dismissed, four pleaded guilty to other offenses and one had a plea dismissed after complying with the terms of probation.
Moss feels a little more accountability should have been in order.
We agree.
Some will claim, of course, that people have gotten too "touchy-feely" when it comes to hazing — that it is simply good-natured fun that sometimes goes bad. Time was, they say, when school "initiations" got pretty rugged without anyone crying foul.
Well, time was, too, when a man could shoot another for stealing a stream of water and feel justified.
Times change. Thankfully, they sometimes change for the better. Society has torn the mask from ritual hazing and exposed it for what it is — simple assault.
Like spouse abuse, ugly hazing can leave physical and emotional scars. And when the whole initiation ritual gets lubricated with alcohol, a "rite of passage" can quickly turn into a person's "last rites."
Americans — especially Utahns — have a strong streak of independence. They don't like to be told what to say or what to do. But sometimes, for the common good, restrictions must be put in place. This hazing bill is an example of proper restrictions and penalties.
What once may have been countenanced as "personal choice" has been shown to be nothing more than "license to abuse."
It's time people own their actions.
It's just too bad Michael Sparks had to pay the price so others could see the light.
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Posted by Utah House Democrats on Feb 26, 2010
Source: Tooele Transcript Bulletin
by Tim Gillie
Feb 25, 2010
A meeting between county leaders and the six state legislators representing the county instead became the Jim Gowans show Wednesday evening, as the county’s longest-serving representative was left alone to field questions on the state budget, depleted uranium and health care reform.
Gowans, D-Tooele, started off the meeting at the state capitol by excusing the other five members of Tooele County’s legislative delegation, saying they were at committee meetings or attending to other legislative business. Sen. Ralph Okerlund, R-Monroe, was the only other representative to show and he didn’t arrive until the caucus meeting was about to adjourn.
Much of the discussion focused on the current status of the 2011 budget. Last week, the final revenue forecast figures were available, and this week an initial budget was released by legislative leaders. The budget calls for an across-the-board 5 percent cut in state spending, according to Gowans. The legislature intends to backfill cuts to public education to minimize the impact on schools, but other programs may face drastic cuts. The legislature may use money from the state’s $400 million rainy day fund to fill in cuts to education, Gowans said.
The initial budget does not include Gov. Gary Herbert’s proposed revenue enhancements, such as the elimination of a tax break for large merchants for collecting sales tax and a requirement that income taxes be paid quarterly. These two combined moves would create an additional $145 million in revenue. The governor also suggested freeing up another $75 million by bonding for road projects instead of paying cash — a move the Legislature has also not embraced.
A tobacco tax increase that would create $80 million in revenue is being considered by the Legislature, but the governor is still maintaining a no tax increase posture, according to Gowans.
Bev White, 81, a Tooele resident and self-proclaimed lifelong Democrat who spent 20 years in the Utah House of Representatives representing Tooele County, rose to her feet to praise the Republican governor.
“As a Democrat, I want to praise our Republican governor and thank him for keeping Italian waste out of Tooele,” White said.
White recounted her involvement in selecting a site in the west desert to store the Vitro Chemical Company’s uranium mill tailings from the Salt Lake processing site back in 1968 when the mill was closed.
“It seems like we are getting a lot of stuff we didn’t ask for,” White said. “And I want to let my elected officials know I’m not excited about this.”
Colleen Johnson, Tooele County Commission chairwoman, clarified that the recent trains stopped by the governor were carrying domestic depleted uranium from a U.S. government clean-up project. The proposed waste from Italy would be processed in Tennessee and all that would be coming to Tooele would be ash from the incineration of waste that could not be recycled, according to Johnson. The waste would not be different in any characteristic from the waste currently being accepted at Clive.
“I still am not happy that my local elected officials seem to be welcoming this waste into the county,” White said.
Grant Peterson, agriculture teacher at Grantsville High School, said the joint FFA and 4-H turkey program is in need of a new facility. Currently located in Box Elder county, the building housing the program is privately owned and the owner is selling the building. The FFA and 4-H are looking for a new home for about $10,000 worth of turkey processing equipment. Petersen said they are looking for new home in Tooele County because half of the students in the program come from the county.
Gowans said although he is a supporter of FFA and 4-H, due the budget cuts the legislature would not be able to come up with funds for a new facility this year.
Jerry Edwards, Grantsville senior citizen activist, expressed concerns over the possible loss of federal Medicare funds if the state opts out of federal health care reform as some legislators have suggested it do.
“I need my Medicare and Medicaid,” Edwards said. “I can not find an insurance company that will touch me.”
Hailey Castagno, a sixth-grade student at West Elementary School, stood up and said her teachers said the school were running out of money for basic supplies like paper and pencils, and pleaded for more money for schools.
Gowans said finding that money will be tough.
“Even if we don’t cut the budget for schools, that does not cover the growth of 11,000 expected new students,” Gowans said. “Keeping the budget the same for public education really means a cut when you look at per student income.”
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Posted by Utah House Democrats on Feb 26, 2010
***Democratic Bills that Have Passed The House & The Senate:
H.B. 011 – Licensensing of Elevator Contractors (Wiley, Larry)
This bill provides for the licensing and qualifications for licensure of elevator contractors and elevator mechanics by the Division of Occupational and Professional Licensing.
H.B. 013 S1 – Drug Law Definitions (Beck, Trisha)
This bill modifies health care chapters in Title 58, Occupations and Professions, to provide consistency in specified definitions used in these chapters.
H.B. 023 – Workplace Drug and Alcohol Testing (Beck, Trisha)
This bill modifies provisions related to an employer testing for drugs and alcohol. The bill clarifies current legislation and addresses grounds for employer action and liability.
H.B. 029 – School District Division Amendments (Black, Laura)
This bill modifies the procedures for creating a new school district. The bill also requires voter approval at the next general election.
H.B. 030 – Drug Law Amendments (Beck, Trisha)
This bill adds carisoprodol, which as the brand name of Soma, as a Schedule IV drug.
H.B. 62 – Penalties for Violent Crime in Presence of a Child (Fisher, Janice)
This bill provides a class B misdemeanor penalty for a person who, while in the presence of a child younger than 14, commits or attempts to commit criminal homicide against a third party, intentionally causes or attempts to cause serious bodily injury to a third party, or uses a dangerous weapon or other means or force likely to produce death or serious bodily injury against a third party.
H.B. 066 – Prosthetic Limb Health Insurance Parity (Litvack, David)
This bill amends the Insurance Code to require an insurer that provides a health benefit plan to offer coverage for prosthetic devices.
H.B. 069 – State Engineer’s Plugging of Wells Repair (Gowans, Jim)
This bill repeals a provision concerning the state engineer’s power to plug certain artesian wells.
H.B. 097 – Amendments Relating to Deceptive Practices Involving Consumers (Poulson, Marie)
This bill provides that certain false expressions in an advertisement are deceptive acts or practices for purposes of the Utah Consumer Sales Practices Act and truth in advertising provisions.
H.B. 106 S1 – Expedited Background Checks for Human Services Providers (Seelig, Jennifer)
This bill amends provisions of the Utah Human Services Code to establish a pilot program for expedited background checks of certain human services providers.
H.B. 107 – Animal Shelter Amendments (Seelig, Jennifer)
This bill amends provisions of the Utah Code relating to an animal shelter providing an animal to be used for research or educational purposes.
H.B. 109 – Volunteer Government Workers Act Definitions (Biskupski, Jackie)
This bill modifies the Volunteer Government Workers Act by amending the definition of compensatory service worker.
H.B. 124 S2 – Campaign Funds Expenditure Restrictions (Cosgrove, Tim)
The bill amends provisions in the Campaign and Financial Reporting Requirements related to the personal use of campaign monies and provides for enforcement, investigation of complaints, and assessment of administrative penalties by the lieutenant governor. The bill defines “personal use expenditure,” and prohibits a candidate, a judge, or an officeholder from using campaign contributions for personal use expenditure. The bill also provides a list of authorized and prohibited uses of campaign funds.
H.B. 138 – Hazing Penalties (Moss, Carol)
This provides a penalty for a charge of hazing when an alcoholic product, drug, or other substance is involved.
H.B. 161 – Voter Registration Amendments (Chavez-Houck, Rebecca)
This bill authorizes the lieutenant governor to compare the statewide voter registration database with information submitted by a registered voter to a state agency to identify a change of name or address.
H.B. 181 – Condominium Association Common Expenses (Moss, Carol)
This bill includes rules adopted by the condominium association management committee among the documents that may authorize the management committee to terminate certain services of an owner who has failed to pay an assessment.
H.B. 192 – Methane Gas / Renewable Energy (Watkins, Christine)
This bill provides that electrical energy derived from methane gas from certain coal mine facilities is among the types of waste gasses considered as a renewable energy source.
H.B. 208 – Disposition of the Remains of a Deceased Military Service Member (Seelig, Jennifer)
This bill provides that a person designated by a service member while serving in a branch of the United States Armed Forces is a first priority person in determining the disposition of the remains of the military service member upon the service member’s death.
H.B. 209 – Sex Offender Regulation Amendments (Watkins, Christine)
This bill modifies the Code of Criminal Procedure regarding the annual fee paid by registered sex offenders.
H.B. 222 – Land Use Meeting Notice (Beck, Trisha)
This bill amends the notice requirements for a public hearing to adopt or modify a land use ordinance.
H.B. 232 – Medical Language Interpreter Amendments (Chavez-Houck, Rebecca)
This bill recodifies the Medical Language Interpreter Act and amends the act by providing for expiration and renewal of certification, denial of certification, and for disciplinary actions.
H.B. 246 – Retirement Benefits for Charter School Employees (Watkins, Christine)
This bill modifies the Utah State Retirement and Insurance Benefit Act by amending provisions relating to retirement benefits for charter school employees.
H.B. 277 – Overdose Reporting Amendments (Johnson, Christine)
This bill provides that a person younger than 21 years of age who is in violation of an alcohol possession or consumption law, and who in the same incident reports to law enforcement a person who is physically endangered by the consumption of alcohol, may be considered by the sentencing court for a mitigation of the sentence due to having reported the endangered person.
H.B. 287 S1– Legislator Salary Amendments (Litvack, David)
This bill maintains legislators’ daily pay at $117 through the 2011 calendar year for annual general sessions, veto-override sessions, special sessions, and authorized legislative meetings.
H.B. 332 – Utah Agricultural Code Amendments (Watkins, Christine)
This bill makes changes to Title 4, Utah Agricultural Code.
H.B. 340 – Sexual Assault Victim Protocols – (Biskupski, Jackie)
This bill amends Sexual Assault Victim Protocols within the Utah Health Code.
H.B. 398 – Sexually Oriented Business License Amendments (Seegmiller, Jay)
This bill enacts provisions relating to the licensing of a sexually oriented business or an individual working in a sexually oriented business.
H.B. 450 – Fishing License Amendments – Disabled Veterans (Cosgrove, Tim)
This bill allows the Division of Wildlife Resources to make rules under which a disabled veteran may receive a free or reduced price fishing license.
H.C.R. 003 – Concurrent Resolution on Italian-American Heritage Month (Watkins, Christine)
This concurrent resolution of the Legislature and the Governor designates October, 2010, as Italian-American Heritage Month.
H.J.R. 003 – Joint Resolution on Teacher Performance Pay (Poulson, Marie)
This joint resolution of the Legislature recommends that performance pay or differentiated pay plans for public school teachers be developed using certain guiding principles.
H.R. 4 – Resolution Urging Ratification of the Comprehensive Nuclear Test Ban Treaty (Seelig, Jennifer)
This resolution of the House of Representatives requests that the United States Senate provide its advice and consent for ratification of the Comprehensive Test Ban Treaty.
H.J.R. 005 – Joint Resolution on Clean Air (Moss, Carol)
This joint resolution of the Legislature encourages the citizens of Utah to eliminate all unnecessary idling of motor vehicles.
H.J.R. 006 – Strangulation and Domestic Violence Joint Resolution (Seelig, Jennifer)
This joint resolution of the Legislature urges state and local law enforcement officers and prosecutors to investigate and prosecute as felonies assaults in which the defendant applied force to the neck or throat of the victim.
H.J.R. 13 – Recognition of Community Councils and the Association of Community Councils Together Joint Resolution (Duckworth, Sue)
This joint resolution of the Legislature recognizes the 25th Anniversary of the Community Councils of Unincorporated Salt Lake County and expresses thanks and support for their work as partners with Salt Lake County government to provide advice and input on behalf of its residents for the betterment of their communities.
HJR 30 S1 – War Veterans’ Memorial on Capitol Hill Joint Resolution (Chavez-Houck, Rebecca)
This joint resolution of the Legislature expresses support for efforts to create a monument at the Utah State Capitol Complex to honor war veterans whose suffering continued after their military service.
*** Democratic Bills Waiting to Pass The Senate This Session:
H.B. 082 – Protection of Children Riding in Motor Vehicles (Seegmiller, Jay)
This bill modifies the Motor Vehicles Code by enacting a restriction on smoking in a motor vehicle when a child is present.
H.B. 091 – Traffic Control Signs for Bicycles (Moss, Carol)
This bill modifies the traffic code by amending provisions related to operating a bicycle on the roadway.
H.B. 185 – Animal Euthanasia Standards (Seegmiller, Jay)
This bill requires that if an animal shelter must euthanize an animal, the animal shelter shall euthanize, with certain exceptions, the animal by lethal injection and sets requirements for euthanization in a carbon monoxide chamber.
H.B. 406 – State Fairpark Amendments (Gowans, Jim)
This bill amends Title 63A, Chapter 5, Part 3, Division of Facilities Construction and Management Leasing, regarding the leasing of the state fair park by the division to the Utah State Fair Corporation.
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