2013 Utah Legislative Update: Two 2013 Bills (One Bad, One Good) "Completely Gutted"

Getting manhandled by oafs like Sen. John Valentine after you've invested so much hard work's gotta REALLY hurt, we'll boldly conjecture

In the interest of kick-starting yet another morning discussion, we'll pursue a novel reportorial angle and put the spotlight on a couple of 2013 Utah legislative bills (one good, one bad) which oppositional state legislative "leaders" didn't have the "guts" to kill outright, but which were so heavily amended during the legislative "process" that they emerged in forms which rendered them virtually unrecognizable to their original sponsors. Curiously, in neither case, did either of these bill's sponsors utter even no much as a murmur of complaint however, when their bills were effectively "gutted" by their "ever-helpful" Utah legislative colleagues.

1) The Bad:  Following up on yesterday's Salt Lake Tribune story, reporting that  Utah House Rep. Jake Anderegg's  bone-headed  HB391 "message bill," was likely to be "killed" in the State Senate, we find that the bill has nevertheless survived, "zombie-like," with a final "lurch" to "passage" yesterday in the that same upper state legislative body where it was prematurely pronounced dead.  Turns out however that contrary to that the bill's original intent, i.e., to "summarily "shut off the possibility of tapping into federal funding for expanding Medicaid to cover an estimated 131,000 uninsured, low-income Utahns," and additionally [to] thwart Governor Herbert's better-reasoned approach of carefully studying the Affordable Care Act's true fiscal impact by means of an already-commissioned cost/benefits study," those objectionable prohibitive operative provisions have now been completely "stripped" from the the final amended bill, and Governor Herbert's reason-based decision making authority has been left mostly intact, as this morning's Kirsten Stewart story's lead paragraphs set forth:

A bill prohibiting Utah’s governor from opting into Obamacare’s Medicaid expansion passed through both the House and Senate late Wednesday — after senators stripped it of the prohibition.
A substitute version of HB391 represents a 180-degree turn from its predecessor, which Sen. Todd Weiler, R-Woods Cross, feared would have prematurely cut off debate on one of the most important policy decisions of the year.
"One of the lessons I hope we’ve learned is bringing out a brand new bill at the end of session and limiting public comment is probably not a good idea," said Weiler, referring to a controversial attempt two years ago to overhaul Utah’s open-records law.
Weiler’s amendments would free the governor to decide whether to stretch Medicaid to cover up to 131,000 poor and uninsured Utahns, but only after public release of a twice-delayed cost study and "thorough analysis" of charity care alternatives by the legislative Health Reform Task Force. Should Gov. Gary Herbert opt into the expansion, he would have to seek funding approval from the Legislature.
The substitute bill passed unanimously, 27-0, and then passed the House with the sponsor’s blessing, 51-23.

Read the full story, folks:

• Lawmakers strike ban against expanding Medicaid

In essence, through Senator Todd Weiler's "fail safe" amendments, which he'd "kept in his pocket" "just in case" this knuckleheaded bill "somehow [might] make its way" to the Senate floor for a vote (which it did), the bill has been "completely gutted" of its original intent, which does represent a victory of sorts for reason and logic, we suppose.

2) The Good: And while we're speaking of 2013 bills that have been "completely gutted," we'll refer to a story appearing yesterday on the Standard-Examiner website, reporting on the "progress" of North Ogden homeboy Rep. Ryan Wilcox's HB 228, which would have mercifully eliminated from Utah liquor-licensed restaurants Utah's "weird" and "comical" Zion Curtains. Seems that this aspect the "Big Gummint Nanny State" will persist in Utah restaurants for at least another year, and that victorian era throwback Senator John Valentine was of course creepily true to his word, when he predicted that "[HB228] has little chance to pass the Senate in its current format. He said he will work with Wilcox and other House leaders to find a potential compromise." The S-E's lead paragraphs provide the gist of reporter Antone Clark's disappointing 3/14/13 story:

SALT LAKE CITY — The Zion Curtains will stay, but fines for serving minors will go down in a compromise bill crafted by House and Senate leaders Tuesday.
Sen. John Valentine, R-Orem, introduced an amended version of HB 228, which includes portions of three separate bills, as proposed changes to the state’s Alcoholic Beverage Control Act.
Valentine said he met with House leaders, including Rep. Ryan Wilcox, R-North Ogden, to find common ground on the compromise, avoiding a rush on the last day of the session.

Here's the full above-referenced S-E writeup:

• Compromise bill: Zion Curtains stay up, but fines for serving minors go down

Although Senator Valentine still refers to his "bill gutting" amendments as finding "common ground and compromise," it doesn't take a rocket scientist to "cut through the crap" and recognize it for what it really is (to the extent that Wilcox may have gone along with Valentine)... good old fashioned Utah legislative capitulation... inasmuch as Wilcox's reason-based HB 228 has now been "stripped" of it's key component, elimination of Utah's ridiculous Zion Curtains. In this case, unlike the "health care" matter referenced above however, we'll chalk this up as a bitter "reason and logic" defeat.

We'll nevertheless offer this morning a Weber County Forum Tip O' The Hat to North Ogden "homeboy" Rep. Ryan Wilcox,  for aggressively pushing this rational (and sane) Utah liquor law reform legislation; and we'll likewise cheer him on when he brings his bill back in 2014, and 2015 and every other legislative session after that, if necessary.

Yesiree, we do believe that Rep Wilcox is a smart, intellectually honest, clear-thinking and persistent Utah legislative up-and-comer, and that sooner or later he'll outlast retrogressive and senescent legislative antiques like Valentine.

Additional kudos to Wilcox for his gentlemanly "tactfulness,"  by the way, in pretending that this so-called "compromise" was a "good thing," on balance. Getting manhandled by oafs like Valentine after you've invested so much hard work's gotta REALLY hurt, we'll boldly conjecture; so Wilcox should be congratulated, wethinks, for ever-so-politely "biting his lip."

Utah Senate: No Interest in Banning Medicaid Expansion

Governor Herbert may not be required to break out his "veto pen" after all; and at least one lame-brained Utah legislative "message bill" stands to get "killed" before it becomes a national embarrassment.

Good news from the Salt Lake Tribune this morning for opponents of  Utah House Rep. Jake Anderegg's   ill-considered HB391, which would in the final days before the close of the 2013 legislation session summarily "shut off the possibility of tapping into federal funding for expanding Medicaid to cover an estimated 131,000 uninsured, low-income Utahns," and additionally thwart Governor Herbert's better-reasoned approach of carefully studying the Affordable Care Act's true fiscal impact by means of an already-commissioned cost/benefits study to be conducted over the course of the next few months.

Although this bill successfully sailed through the State House yesterday by a lop-sided 46-27 margin, amidst much "weeping, quoting of scripture and other asinine tea-party-style fanfare," a similar fate does not await the bill in the Senate, about which Trib columnist Robert Gehrke remarks that the bill has "landed" with a resounding "thud":

• Utah Senate: No interest in banning Medicaid expansion

"I’m not advocating for Medicaid expansion. I’m advocating for: Let’s follow a timeline. Let’s follow a process. We have three more years to make a decision. Why do we want to make it in the last three days of the session?" said Senator Todd Weiler (R-Woods Cross) in a statement following yesterday's Senate Republican closed caucus, in which there was "no support for the bill," according to Senate Majority Leader Ralph Okerlund, (R-Monroe)

Weiler added that he doesn’t expect Andregg's bill to get heard on the Senate floor, but he's drafted amendments "just in case it does," which "would allow the state to expand Medicaid after the completion of a state Department of Health-commissioned study of the issue and a report from the Health Systems Reform Task Force on Utah’s charity care system," in direct contradiction to the provisions of Anderegg's HB391.

It thus appears at this juncture, if all goes well, that the Governor Herbert may not be required to break out his "veto pen" after all, and wonder of wonders; at least one lame-brained Utah legislative "message bill" stands to get "killed" before it becomes a national embarrassment.

Salt Lake Tribune: Utah Lawmakers Back Charity Care Instead of Medicaid Expansion

All seven Weber County based State Representatives vote to summarily deny Affordable Care Act expansion to 131,000 poor and uninsured Utah residents

Following up on yesterday's Weber County Forum writeup, the Salt Lake Tribune reports this morning that "[the] bill [HB391] that would prevent Medicaid’s expansion in Utah passed the House Monday by a wide [46-27] margin with urging from a family doctor who argued the health care solution for 131,000 poor and uninsured isn’t bigger government," (and we are NOT making this up) "but more charity":

• Utah lawmakers back charity care instead of Medicaid expansion

"As a dedicated member of the predominant faith, I donate four hours a week to Boy Scouts....So what if I was assigned by my faith as a doctor to contribute four hours a week to charity care? What if the 3,000 doctors in the state were willing to do that?" said Rep. Michael Kennedy (R- Alpine), a family practitioner who sees patients at a University of Utah-owned clinic in Orem. "I would do it in a heartbeat. Would others do the same?...I believe they would."

Notably, wethinks, we find NO pending bill in the Utah legislature which would require Utah medical providers to "to contribute four hours a week to charity care," so we'll just chalk up Rep. Kennedy's above remark as a mere political non-sequitur.

Olde-timey religious love fest

Adding to the above alternate reality vignette we find this Utah House of Representatives gem, focusing on the House floor antics of  HB391 sponsor  Jake Anderegg (R-Lehi) for whom yesterday's House pre-vote "debate" devolved into something weirdly resembling a "visionary religious revival meeting":

Crying and quoting scripture, Anderegg called upon providers to do more and upon corporations to divert money they spend on international charities to building and staffing clinics at home.

"So-called charity care is a viable option if you get the right people at the table," he said. "My vision is a vision of people, county by county, throughout the state hearing the call to action and stepping up to serve the least of these, our brethren."

For a complete list of House representatives who joined in on yesterday's seeming olde-timey politico-religious love fest, bowed to currently faddish and twisted GOP ideological dogma and voted yea on this decidedly mean-spitited bill, we helpfully link, straight from the Utah Legislature's website, yesterday's final House vote tally:

• 2HB 391 - Prohibition of Medicaid Expansion - Anderegg

Drilling down within the above list, Weber County residents, here are the names (for 2014 election day reference) of your local legislators who voted to summarily deny Affordable Care Act expansion to 131,000 poor and uninsured Utah residents:

• Brad L. Dee (R - Ogden)
• Gage Froerer (R - Huntville)
• Richard A. Greenwood (R - Roy)
• Lee B. Perry (R - Perry)
• Jeremy A. Peterson (R - Ogden)
• Dixon M. Pitcher (R - Ogden)
• Ryan D. Wilcox (R - Ogden)

"HB391, however, faces a doubtful future in the Senate," the Trib also reports. In that connection, of course, we'll continue to closely monitor this crackpot bill, as the 2013 Utah legislative session inexorably edges within three days of final adjournment.

2013 Utah Legislative Update: Herbert, Lawmakers Head for Showdown Over Medicaid Decision - UPDATED

Health care train wreck looms in the state legislature

[Rep.] Anderegg said he incurred "tens of thousands of dollars" of medical debt during a five-year stint without health insurance and said he told creditors, "I will pay what I can." He still owes $232. "People who think they cannot get coverage without [the Affordable Care Act], that's just not true," Anderegg said. "But it takes integrity, and it takes people who are willing to work and make sure they can get things paid off."

Deseret News
Utah lawmakers push for alternatives to Medicaid expansion
March 8, 2013

While we’re glad that Representative Anderegg, who lists his occupation on the legislature’s website as “sales manager,” was able to pay off his medical bill, it is absolutely inconceivable, and irrational, to expect those [with low incomes] to take on additional bills just so they can stay alive.

Utah Political Capitol
EDITORIAL: Lawmakers Claim Utahns Don’t Need Health Insurance
March 10, 2013

Fascinating 2013 showdown looming between Utah's executive and legislative branches, as Utah House Rep. Jake Anderegg (R-Lehi) advances his HB391 out of committee and onto the State House floor for a vote scheduled for this very afternoon.  Anderegg's bill is founded upon what we'll label the "Twin Towers of GOP Health Care 'Reason,'" i.e., 1) the purely ideological notion that all federal money is per se bad, and 2) 130,000 uninsured Utahns don't need the health insurance anyway, because people with "integrity" and a "willingness to work" (people like Anderegg, that is) can "make sure they can get things paid off," even without health insurance.

Legislative passage of this bill would of course deprive Governor Herbert of the opportunity of carefully study the pros and cons of "taking a slow, studied approach" as to the issue of whether to expand Utah's medicaid insurance program to include federal "Obamacare" subsidization of up to 100 percent, and would even more importantly, kill the Medicaid implementation of the Affordable Care Act in the State of Utah entirely.

Check out the full Standard-Examiner story here, which frames this showdown as something of a potential political train wreck:

•  Herbert, lawmakers head for showdown over Medicaid decision 

Added Double Bonus:  HB391 not only "comes with a warning from legislative lawyers that it is likely unconstitutional," but also Anderegg and his Utah legislative colleagues won't be personally effected by the bill's outcome anyhow, inasmuch as these fine, highly GOP-principled legislators (and their families) "receive health insurance through the state, which is heavily subsidized and primarily paid for by the taxpayers. The coverage lasts as long as they remain in office, until they reach the 10 year mark, after which they get to keep their taxpayer-subsidized coverage for life," as yesterday's most excellent Utah Political Capitol editorial carefully notes:

• EDITORIAL: Lawmakers Claim Utahns Don’t Need Health Insurance

The floor's open, O Gentle Ones.  So what about it? Will our Utah legislature stick with its continuing anti-federalism posturings and reject what amounts to a federal health care economic windfall? Or will our our state legislature adopt the sensible practical approach of House Rep. Dixon Pitcher (R-Ogden),  who says, regarding a Obamacare, "At some point we’ve got to … say, ‘Yeah, we really did lose?’" 

And if this bill actually does somehow successfully clear the legislature, will Governor Herbert have the political courage to wield the "veto pen and Just Say No?

Lotsa good questions to consider this morning, eh, folks?

Update 3/11/13 12:05 p.m.:  Uh-oh.  We just learned from our friends at Alliance for a Better Utah (ABU) that "46 members of the Utah House of Representatives just voted to refuse expansion of Medicaid and eliminate the Governor and public from the decision. This needs greater study and thorough public discussion."

We join ABU in recommending that you "contact Senate President Wayne Niederhauser, and ask him to oppose this unwise and mean-spirited bill," now that it's on its way to the State Senate:

• wniederhauser@le.utah.gov
• (801) 538-1035