Latest news with #SB310
Yahoo
02-05-2025
- Business
- Yahoo
What passed in the Alabama Legislature: April 29 — May 1, 2025
Sen. Jabo Waggoner, R-Vestavia Hills, pulls out his chair before the start of the session of the Alabama Senate on May 1, 2025 at the Alabama Statehouse in Montgomery, Alabama. (Brian Lyman/Alabama Reflector) Here is a list of bills that passed the Alabama Legislature this week. House HB 567, sponsored by Rep. Margie Wilcox, R-Mobile, allows Class 2 municipalities to include up to 50% of the total value of equalized taxable property within tax increment districts, aligning their authority with that of Class 3 municipalities. The bill passed 22-0. It goes to the Senate. HB 581, sponsored by Rep. Terri Collins, R-Decatur, revises the distribution of Tennessee Valley Authority (TVA) in-lieu-of-tax payments in Morgan County by reallocating funds to support a legislative delegation office, the Morgan County Rescue Squad and local education. The bill passed 13-0. It goes to the Senate. HB 589, sponsored by Rep. Brian Brinyark, R-Wyndham Springs, expands the authority of the Jefferson County building commissioner to enforce zoning regulations by requiring permits for construction and land use. The bill passed 22-0. It goes to the Senate. HB 590, sponsored by Rep. Tim Wadsworth, R-Arley, would create an 8% lodging tax in Winston County, with proceeds allocated to road and bridge improvements, law enforcement, volunteer fire departments and the county general fund. The tax could only be assessed with the approval of WInston County voters in a referendum. The bill passed 11-0. It goes to the Senate. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX HB 602, sponsored by Rep. Reed Ingram, R-Matthews, increases the Montgomery County probate judge's annual salary from $88,000 to $153,725 effective Oct. 1. The bill passed 15-0. It goes to the Senate. HB 301, sponsored by Sen. Jay Hovey, R-Auburn, authorizes the Lee County Revenue Commissioner to implement electronic filing for business personal property tax returns, mandating e-filing for certain businesses starting Oct. 1. The bill passed 13-0. It goes to Gov. Kay Ivey. SB 310, sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, amends procedures for filling vacancies on the Jefferson County Commission by stipulating that if a vacancy occurs with more than six months remaining in the term, the position remains unfilled until the next scheduled countywide general election. The bill passed 16-0. It goes to Gov. Kay Ivey. SB 319, sponsored by Sen. Billy Beasley, D-Clayton, authorizes Barbour County to impose new court fees – $25 on most civil and criminal cases and $10 on small claims cases. The bill passed 10-0. It goes to Gov. Kay Ivey. SB 326, sponsored by Sen. Steve Livingston, R-Scottsboro, authorizes the Jackson County Sheriff to establish procedures for using credit and debit cards for official purchases. The bill passed 11-0. It goes to Gov. Kay Ivey.. SB 328, sponsored by Sen. Steve Livingston, R-Scottsboro, establishes a fixed annual salary of $132,000 for the Jackson County Probate Judge. The bill passed 12-0. It goes to Gov. Kay Ivey. SB 329, sponsored by Sen. Jay Hovey, R-Auburn, transfers the responsibilities for land tax redemption from the Lee County Probate Judge to the Lee County Revenue Commissioner. The bill passed 15-0. It goes to Gov. Kay Ivey. HB 425, sponsored by Rep. Russell Bedsole, R-Alabaster, revises the composition and qualifications of Regional Mental Health Authority Boards, including board diversity, permitting remote participation in meetings and limiting additional qualifications beyond specified criteria. The bill passed 100-0. It goes to the Senate. HB 416, sponsored by Rep. Ed Oliver, R-Dadeville, requires all schools to place automatic external defibrillators (AEDs) at all athletic venues and events on school property. The bill passed 103-0. It goes to the Senate. HB 414, sponsored by Rep. Bill Lamb, R-Tuscaloosa, adjusts audit requirements for municipalities based on annual expenditures. The bill passed 102-0. It goes to the Senate. HB 528, sponsored by Rep. Frances Holk-Jones, R-Foley, extends the prohibition of unconscionable pricing during a declared state of emergency to include the provision of services, in addition to the sale or rental of commodities and facilities. The bill passed 96-1. It goes to the Senate. HB 537, sponsored by Rep. Ontario Tillman, D-Bessemer, specifies that a pretrial detention hearing conducted under Aniah's Law satisfies a defendant's right to a preliminary hearing. The bill passed 103-0. It goes to the Senate. HB 559, sponsored by Rep. Jamie Kiel, R-Russellville, amends the state's loitering laws to specify that wearing a mask in public is not a criminal offense under certain conditions. The bill passed 74-22. It goes to the Senate. HB 543, sponsored by Rep. Chip Brown, R-Hollingers Island, increases the market value threshold for tangible personal property exempt from state ad valorem taxation from $40,000 to $100,000. The bill passed 98-0. It goes to the Senate. HB 298, sponsored by Rep. Brock Colvin, R-Albertville, excludes certain English language learner (ELLs) students from a public school's average daily membership when determining athletic competition classification. The bill passed 72-1. It goes to the Senate. HB 527, sponsored by Rep. Frances Holk-Jones, R-Foley, limits the civil liability of off-roading park operators for injuries or deaths resulting from inherent risks of off-roading. The bill passed 100-0. It goes to the Senate. HB 46, sponsored by Rep. Ed Oliver, R-Dadeville, provides a $10,000 annual tax credit for up to four tax years to qualifying rural physicians. The bill passed 102-0. It goes to the Senate. HB 474, sponsored by Rep. Craig Lipscomb, R-Gadsden, establishes a legal process for property owners or their authorized agents to request the removal of unauthorized individuals from their premises. The bill passed 101-0. It goes to the Senate. HB 449, sponsored by Rep. Ben Robbins, R-Sylacauga, establishes three degrees of unlawful DNA use with escalating penalties for intentional collection, use, retention or disclosure of another person's DNA or genetic information without express consent. The bill passed 98-0. It goes to the Senate. HB 435, sponsored by Rep. Andy Whitt, R-Harvest, updates state economic development laws by removing references to the outdated Accelerate Alabama Strategic Economic Development Plan and aligning them with the Alabama Jobs Act. The bill passed 101-0. It goes to the Senate. HB 53, sponsored by Rep. Patrick Sellers, D-Pleasant Grove, establishes a rebuttable presumption favoring joint legal custody and substantial parenting time for both parents in child custody cases. The bill passed 100-1. It goes to the Senate. HB 297, sponsored by Rep. Jennifer Fidler, R-Silverhill, introduces a fee on international wire transfers conducted by licensed money transmission businesses, with proceeds allocated to counties for specific purposes. The bill passed 83-1. It goes to the Senate. SB 118, sponsored by Sen. Will Barfoot, R-Pike Road, expands the list of crimes that will not be eligible for bond to solicitation, attempt and conspiracy to commit murder; and discharging a weapon into an occupied dwelling. The bill passed 87-0. It goes to Gov. Kay Ivey. SB 119, sponsored by Sen. Will Barfoot, R-Pike Road, makes discharging a weapon into an occupied dwelling a Class A felony, up from a Class B felony. That is punishable by 10-99 years in prison and fines up to $60,000. The bill passed 66-0. It goes to Gov. Kay Ivey. SB 186, sponsored by Sen. Clyde Chambliss, R-Prattville, mandates that all smartphones and tablets activated in the state on or after June 1 must include a pre-enabled internet filter to block access to obscene material for minors. The bill passed 103-0. The Senate later concurred in House changes, sending the bill to Gov. Kay Ivey. SB 297, sponsored by Senate President Pro Tempore Garlan Gudger, R-Cullman, designates the Division Chief of the Office of Water Resources as an exempt service employee, appointed by the director with the governor's approval. The bill passed 102-1. It goes to Gov. Kay Ivey. SB 140, sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, amends the Coach Safely Act to enhance compliance enforcement by the Alabama Department of Public Health. The bill passed 102-0 with a House committee substitute. The Senate later concurred with the changes, sending the bill to Gov. Kay Ivey. SB 123, sponsored by Sen. Arthur Orr, R-Decatur, enhances transparency in civil asset forfeiture reporting by requiring the Alabama Justice Information Commission to publish annual reports. The House concurred with conference committee changes 103-0. It goes to Gov. Kay Ivey. SB 183, sponsored by Sen. Josh Carnley, R-Enterprise, authorizes the Ma-Chis Lower Creek Indian Tribe to employ certified police officers to protect tribal property and residents. The bill passed 102-0. It goes to Gov. Kay Ivey. SB 242, sponsored by Sen. Sam Givhan, R-Huntsville, codifies the 2024 Regular Session Acts and technical revisions into the Code of Alabama 1975. The bill passed 102-0. It goes to Gov. Kay Ivey. SB 194, sponsored by Sen. Tim Melson, R-Florence, authorizes agriculture authorities to exercise eminent domain to terminate or relocate easements on property they own. The bill passed with a floor amendment 97-0. The Senate later concurred in the change, sending the bil to Gov. Kay Ivey. SB 110, sponsored by Sen. Jack Williams, R-Wilmer, expands exceptions to state highway weight limits for certain trucks, and revises procedures for using portable scales to enforce these limits. The bill passed 99-0. It goes to Gov. Kay Ivey. SB 97, sponsored by Sen. Wes Kitchens, R-Arab, updates licensing requirements for nonresident surplus line brokers, including application procedures, bond amounts and legal service provisions. The bill passed 99-0. It goes to Gov. Kay Ivey. SB 151, sponsored by Sen. Shay Shelnutt, R-Trussville, corrects internal citations, ensuring consistency and accuracy within the state's insurance code. The bill passed 101-0. It goes to Gov. Kay Ivey. SB 259, sponsored by Sen. Vivian Figures, D-Mobile, increases the number of at-large members on the University of South Alabama Board of Trustees from two to three, and revises procedures for calling special meetings. The bill passed 99-0. It goes to Gov. Kay Ivey. SB 45, sponsored by Sen. Gerald Allen, R-Tuscaloosa, authorizes the Secretary of State to designate an individual to serve in their place on the Alabama Athlete Agents Commission. The bill passed 99-0. It goes to Gov. Kay Ivey. SB 134, sponsored by Sen. Sam Givhan, R-Huntsville, authorizes the Board of Pardons and Paroles to share electronic monitoring GPS data with law enforcement agencies during active investigations. The bill passed 102-0. It goes to Gov. Kay Ivey. SB 94, sponsored by Sen. Arthur Orr, R-Decatur, updates procedures for adoption investigations, service of notice, revocation of consent and the duties of the Department of Human Resources. It passed with a floor amendment 102-0. It goes to Gov. Kay Ivey. SB 312, sponsored by Sen. Rodger Smitherman, D-Birmingham, introduces two new alcoholic beverage licenses: an Event Storage License and a Government Venue License. The bill passed 82-4. It goes to Gov. Kay Ivey. SB 138, sponsored by Sen. Rodger Smitherman, D-Birmingham, creates a presumption of fitness for occupational licensure for individuals granted an order of limited relief, provides immunity to employers who hire individuals with such orders, and requires the Board of Pardons and Paroles to issue certificates of employability to certain individuals upon their release on parole. The bill passed 83-0. It goes to Gov. Kay Ivey. HB 186, sponsored by Rep. Rex Reynolds, R-Huntsville, is the $3.7 billion FY 2026 General Fund budget for most non-education public services. It is about 10% increase ($347 million) higher than the current budget and goes into effect Oct. 1. The House concurred with Senate changes 100-0. It goes to Gov. Kay Ivey. HB 185, sponsored by Rep. Rex Reynolds, R-Huntsville, appropriates $50 million in American Rescue Plan Act (ARPA) funds to the Department of Finance and provides over $12.6 million to the Unified Judicial System. The House concurred with Senate changes 100-0. It goes to Gov. Kay Ivey. HB 182, sponsored by Rep. Rex Reynolds, R-Huntsville, extends the assessment on emergency medical transport providers through the fiscal quarter ending July 2028, continuing funding for Medicaid and emergency medical services. The House concurred with Senate changes 102-0. It goes to Gov. Kay Ivey. Senate SB 89, sponsored by Sen. Arthur Orr, R-Decatur, requires that an inmate under the custody of the Department of Corrections be served with any arrest warrant under certain conditions. The bill passed 31-0. It goes to the House. SB 111, sponsored by Sen. Arthur Orr, R-Decatur, would transfer $375 million from the Education Opportunities Reserve Fund to the Renewing Alabama's Investment in Student Excellence (RAISE) Fund and up to $80 million to the Creating Hope and Opportunity for Our Students' Education (CHOOSE) Act Fund during the fiscal year ending September 30, 2025. The Senate concurred 30-0 with House changes. It goes to Gov. Kay Ivey. SB 112, sponsored by Sen. Arthur Orr, R-Decatur, allocates $9.9 billion for K-12 schools and higher education, a 6% increase over the current budget. The bill passed 103-0 with a House committee substitute. The Senate concurred 31-0 with House changes. It goes to Gov. Kay Ivey. SB 113, sponsored by Sen. Arthur Orr, R-Decatur, is the $524 million 2025 supplemental appropriation for the Education Trust Fund budget. The Senate concurred 31-0 with House changes. It goes to Gov. Kay Ivey. SB 114, sponsored by Sen. Arthur Orr, R-Decatur, is a $1.25 billion supplemental appropriation from the Advancement and Technology Fund budget to various state education entities. The Senate concurred 31-0 with House changes. It goes to Gov. Kay Ivey. SB 265, sponsored by Sen. Chris Elliot, R-Josephine, would allow peer-to-peer car sharing programs, which connect auto owners with drivers who may need a vehicle. The bill passed 31-0. It goes to the House. SB 303, sponsored by Sen. Arthur Orr, R-Decatur, revises the definition used to determine eligibility of principals and assistant principals to receive annual stipends under the School Principal Leadership and Mentoring Act. The Senate concurred 31-0 with House changes. It goes to Gov. Kay Ivey. SB 318, sponsored by Sen. Bobby Singleton, D-Greensboro, would further provide for entities exempt from certain service contract regulations and require certain disclosures when advertising contracts. The bill passed 31-0. It goes to the House. SB 339, sponsored by Sen. Sam Givhan, R-Huntsville, would set the base salary for any newly elected Sheriff of Madison County to $170,000 a year. The bill passed 28-0. It goes to the House. SB 338, sponsored by Sen. Sam Givhan, R-Huntsville, would change the boundary lines and corporate limits of the New Hope in Madison County. The bill passed 29-0. It goes to the House. SB 334, sponsored by Sen. Tim Melson, R-Florence, would change the distribution of sales and use taxes in Lauderdale County. The bill passed 27-0. It goes to the House. SB 337, sponsored by Sen. Will Barfoot, R-Pike Road, would increase the salary of a Montgomery County probate judge with at least six years of service to the level of a circuit judge with the same years of service. The bill passed 25-0. It goes to the House. HB 488, sponsored by Rep. Debbie Wood, R-Valley, alters and extends the boundary lines and corporate limits of the Town of Cusseta in Chambers County by incorporating additional parcels of land. The bill passed 25-0. It goes to Gov. Kay Ivey. HB 540, sponsored by Rep. Bob Fincher, R-Woodland, authorizes Randolph County to distribute the tobacco tax to the volunteer fire department, for tourism, the agricultural center and to other county funds. The bill passed 26-0. It goes to Gov. Kay Ivey. HB 181, sponsored by Rep. Kerry Underwood, R-Tuscambia, authorizes the Alabama Building Renovation Finance Authority to issue bonds up to $50 million for construction, renovation, and improvement projects related to public office buildings. The bill passed 31-0. It goes to Gov. Kay Ivey. HB 182, sponsored by Rep. Rex Reynolds, R-Huntsville, would extend the emergency medical transport quarterly assessment period to July 2028. The bill passed 31-0. The House concurred in Senate changes, sending the bill to Gov. Kay Ivey. HB 183, sponsored by Rep. Pebblin Warren, D-Tuskegee, appropriates $36.6 million from the Children First Trust Fund for various entities, including the Alabama Medicaid Agency, the Department of Human Resources and the Department of Public Health for 2026. The bill passed 31-0. It goes to Gov. Kay Ivey. HB 184, sponsored by Rep. Laura Hall, D-Huntsville, appropriates $169,000 from the State General Fund to the Coalition Against Domestic Violence for 2026. The bill passed 31-0. It goes to Gov. Kay Ivey. HB 312, sponsored by Rep. Paul Lee, R-Dothan, extends Alabama's Hospital Provider Privilege Tax through fiscal year 2028, ensuring continued funding for Medicaid services. The bill passed 31-0. It goes to Gov. Kay Ivey. HB 405, sponsored by Rep. Chris Blackshear, R-Smiths Station, would extend the supplemental privilege assessment, the secondary supplemental privilege assessment and the surcharge for nursing homes through August 2028. The bill passed 31-0. It goes to Gov. Kay Ivey. HB 460, sponsored by Rep. Rex Reynolds, R-Huntsville, would make a supplemental appropriation of $41 million from the Opioid Treatment and Abatement Fund. The bill passed 31-0. It goes to Gov. Kay Ivey. HB 488, sponsored by Rep. Debbie Wood, R-Valley, alters and extends the boundary lines and corporate limits of the Town of Cusseta in Chambers County by incorporating additional parcels of land. The bill passed 25-0. It goes to Gov. Kay Ivey. HB 540, sponsored by Rep. Bob Fincher, R-Woodland, authorizes Randolph County to distribute the tobacco tax to the volunteer fire department, for tourism, the agricultural center and to other county funds. The bill passed 26-0. It goes to Gov. Kay Ivey. House HB 598, sponsored by Rep. Van Smith, R-Clanton, extends the corporate boundaries of the Town of Pine Level in Autauga County. The bill passed 30-0. It goes to the Senate. HB 608, sponsored by Rep. Rick Rehm, R-Dothan, authorizes the Henry County Commission to provide a vehicle equipped with necessary tools, such as a stretcher and radio, for the county coroner and deputy coroner to use in official duties The bill passed 15-0. It goes to the Senate. HB 609, sponsored by Rep. Rick Rehm, R-Dothan, authorizes the Henry County Sheriff's Office and the Henry County Task Force to sell, use or destroy certain abandoned, stolen or unclaimed property. The bill passed 17-0. It goes to the Senate. SB 256, sponsored by Sen. David Sessions, R-Grand Bay, grants Class 2 municipalities like Mobile enhanced authority over property maintenance and tax lien enforcement. The bill passed 17-0. It goes to Gov. Kay Ivey. SB 327, sponsored by Sen. Tim Melson, R-Florence, alters the corporate boundaries of the Town of Saint Florian in Lauderdale County. The bill passed 7-0. It goes to Gov. Kay Ivey. SB 331, sponsored by Sen. Billy Beasley, D-Clayton, establishes that the probate judge of Barbour County shall receive an annual salary determined by the Barbour County Commission, not less than 70% of the salary paid to a state district court judge. The bill passed 9-0. It goes to Gov. Kay Ivey. SB 330, sponsored by Sen. Dan Roberts, R-Mountain Brook, restructures the Birmingham Water Works Board. The bill passed 66-27. It goes to Ivey. SB 322, sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, authorizes the annexation of certain community development districts by wet municipalities within the dry county where the district is located. The bill passed 74-0. It goes to Gov. Kay Ivey. SB 279, sponsored by Sen. Sam Givhan, R-Huntsville, allows the Legislature to demolish the existing State House after the lawmakers and staff move into the new State House in 2027. The bill passed 99-0. It goes to Gov. Kay Ivey. SB 35, sponsored by Sen. Gerald Allen, R-Tuscaloosa, expands the definition of sexual extortion to include threats to release or transmit recordings of individuals engaged in sexually explicit conduct, with the intent to compel or attempt to compel the victim to act against their will. The bill passed 103-0. It goes to Gov. Kay Ivey. SB 216, sponsored by Sen. Clyde Chambliss, R-Prattville, allows certain retired firemedics to return to work without suspension of their retirement allowances, capping annual compensation at $52,000. The bill passed 103-0 with a floor amendment. It goes to the Senate for concurrence or conference committee. SB 174, sponsored by Sen. Clyde Chambliss, R-Prattville, requires counties and municipalities to submit annual reports on business license and privilege taxes to the Department of Revenue. The bill passed 100-0. It goes to Gov. Kay Ivey. SB 304, sponsored by Sen. Arthur Orr, R-Decatur, establishes the Alabama Energy Infrastructure Bank within the State Industrial Development Authority to finance energy infrastructure projects, procure critical components and support electric providers. The bill passed 98-1 with a House amendment. It goes to the Senate for concurrence or conference committee. SB 313, sponsored by Sen. Rodger Smitherman, D-Birmingham, authorizes the transfer of funds from the Alabama 21st Century Fund for various economic development initiatives, like the Alabama Energy Infrastructure Bank. The bill passed 100-0 with a House amendment. It goes to the Senate for concurrence or conference committee. SB 311, sponsored by Sen. Josh Carnley, R-Enterprise, expedites the permitting process for electric transmission infrastructure by establishing specific deadlines for the Alabama Department of Transportation to approve or deny applications. The bill passed goes to Gov. Kay Ivey. Senate SB 94, sponsored by Sen. Arthur Orr, R-Decatur, would revise the state's adoption procedures and clarify the role of the Department of Human Resources. The Senate concurred with House changes, sending the bill to Gov. Kay Ivey. HB 123, sponsored by Rep. Kerry Underwood, R-Tuscumbia, extends the Alabama State Board of Pharmacy's existence until October 1, 2026. The bill went to conference committee and was approved by the Senate 31-0. It goes to Gov. Kay Ivey. HB 88, sponsored by Rep. Jerry Starnes, R-Prattville, classifies parole officers as law enforcement officers. The bill passed 30-0. It goes to Gov. Kay Ivey. HB 437, sponsored by Rep. David Faulkner, R-Mountain Brook, establishes a shark alert system for people on Alabama beaches to be alerted of a nearby shark. The bill passed 32-0. It goes to Gov. Kay Ivey. HB 315, sponsored by Rep. Joe Lovvorn, R-Auburn, connects certain products covered under state sales tax holidays to the Consumer Price Index to account for inflated costs. The bill passed 33-0. It goes to Gov. Kay Ivey. HB 199, sponsored by Rep. Travis Hendrix, D-Birmingham, would allow the Board of Pardons and Parole to electronically monitor a juvenile delinquent before their court hearing. The bill passed 33-0. It goes back to the House for concurrence or a conference committee. HB 320, sponsored by Rep. Chris Pringle, R-Mobile, allows the Department of Finance to adopt rules for advertising bids on the websites of newspapers and how those govern bids. The bill passed 32-0 and goes back to the House for concurrence or a conference committee. HB 477, sponsored by Rep. David Faulkner, R-Mountain Brook, would allow the Alabama Farmers Federation (Alfa), the state's dominant agricultural organization, to offer a health plan that is outside of state insurance regulations and only available to its members. The bill passed 30-2. It goes to Gov. Kay Ivey. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-03-2025
- Politics
- Yahoo
Utah legislators disagree: Should cities charge transportation fees to churches?
The Utah House and Senate are barreling toward a collision after taking opposite positions over whether religious organizations should pay city fees tied to property ownership. On Thursday, the Senate narrowly passed a House bill that would regulate city transportation utility fees after amending it to carve out certain religious properties, with Senate President Stuart Adams, R-Layton, serving as the tie-breaking vote. Days earlier, the two chambers approved nearly identical bills distinguished only by whether they exempted churches from city fees that function like taxes. As lawmakers rush to pass hundreds of pieces of legislation, the overlap between fees and taxation, and church and state, has led to a last-minute scramble with just two days left in the 2025 legislative session. Rep. Karen Peterson, R-Clinton, came to the state Capitol this year determined to find common ground between local governments and faith groups to regulate how municipalities levy so-called 'transportation utility fees.' But on Tuesday, House lawmakers roundly rejected Peterson's 'compromise' proposal to exempt church meetinghouses, church administrative buildings and church welfare centers from road-use fees imposed by cities to fund transportation infrastructure. In a 70-3 vote, representatives opted for the original version of Peterson's bill, HB454, which would allow cities to implement transportation utility fees on all property owners if they conduct a study to ensure fee rates are 'reasonably related' to road use and follow the same truth in taxation process required for property tax changes. 'Whenever we exempt somebody, the tax doesn't go away, it just gets shifted on everyone else,' said Rep. Norm Thurston, a Republican from Provo. 'In our city that is a real problem because it's already concentrated.' One hour earlier, Sen. Brady Brammer, R-Pleasant Grove, saw his almost identical bill, SB310, pass with large margins in the Senate, but with one major difference; it would require cities to exempt all religious organizations from transportation utility fees. Whereas Peterson's failed substitute would have let cities impose these fees on church-owned stadiums, office buildings and other commercial endeavors covered by property taxes, Brammer's bill would exempt all property owned by religious organizations, including their 'auxiliaries' and 'associations.' On Thursday, Brammer, as the floor sponsor to Peterson's bill, introduced almost the exact same substitute that the House had rejected on Tuesday. The bill passed 15-14, with Adams tipping the scale, after a debate over whether churches and other nonprofits — which are also exempt in the substitute — should do more to 'pay their way.' Brammer pointed out that Utah's Constitution prohibits the taxation of religious, charitable or educational nonprofits, and that despite a 2023 Utah Supreme Court ruling, transportation utility fees effectively function as taxes because they are not directly based on the fee-payer's use of a service and are tied to property ownership. 'I don't think they're properly measuring the usage of the public asset by the religious organization,' Brammer told the Deseret News. 'We have long found that we save far more taxes by enabling religious and charitable organizations than we do by taxing them.' Cities started implementing road-use fees a decade ago, beginning with Provo and spreading to a dozen others, as decreasing gas tax revenues and increasing road maintenance costs made it difficult to find funding for badly needed infrastructure improvements without raising already high property taxes. 'It became clear that there just wasn't enough money to meet those needs,' said Cameron Diehl, the executive director of the Utah League of Cities and Towns. The controversial new funding mechanism led to a 2023 ruling from the Utah Supreme Court which determined that transportation utility fees are to be considered fees, not taxes, as long as they bear some 'reasonable relationship to the cost of the benefit or service.' To stay well within these legal bounds, the League of Cities and Towns worked with Peterson to craft strict requirements for the study cities must conduct to implement the fee, Diehl said. The studies must take into account traffic counts and apportion fee rates based on whether the traffic is mostly for residential, commercial or house of worship purposes. Cities opposed Tuesday's compromise bill because they worried that legislative exemptions for religious organizations would spread from one type of fee to another, Diehl said. Brammer said he understands the League of Cities and Towns' point of view but believes that cities are 'discounting the benefit that religious organizations play in their cities.' Rev. Dr. Curtis Price of First Baptist Church of Salt Lake City said he can see both sides of the argument as the pastor of a small congregation that occasionally struggles to pay other utility fees while doing all it can to offset its tax exemptions by contributing to the community through service, religious instruction and activities. But Curtis recognizes that in some areas of the state, churches are one of the largest property owners and it makes sense for cities to ask 'to spread that pain out a little bit' to fund shared resources. 'Those properties take resources that the city has to pay for and so I understand a need to get creative about having to resolve some of those issues,' Curtis said. The Church of Jesus Christ of Latter-day Saints, which is headquartered in Utah and owns the parent company of the Deseret News, is one of the largest landowners in the state and would be impacted by this bill. Many of the lawmakers in the Legislature are also members of the church. The church did not respond to a request for comment about the legislation. Before HB454 made its way to the Senate, Adams said he is 'adamantly opposed' to the House proposal. During a media availability on Tuesday, Adams said he was 'disappointed' that the League of Cities and Towns had come out against exemptions for religious meetinghouses. Echoing a point made by Thurston and Brammer, Adams said that regardless of court rulings, transportation utility fees function like a tax. 'This is a tax, they'll call it a fee. But I just can't imagine we in Utah want to tax religious organizations and wash away that exemption,' Adams said. 'And I think that's the battle. And personally, I'm going to stand up.' Peterson's House bill will now head back to the House where it will likely be rejected, requiring the bill sponsors to come together in a conference committee to negotiate a version that can pass both chambers. If some sort of religious exemption is not included, Thurston, Brammer and Peterson alluded to potential lawsuits from religious institutions. Although the bill specifies that city transportation utility fees cannot be based on property ownership 'alone,' nonprofits could still argue that the fee is directly tied to property like a property tax, Peterson said. But this question has already been settled by the courts, according to Thurston. Provo has already included religious organizations in its transportation utility fee for a decade, he said. And while Thurston agrees that the fee is essentially a tax, he said that under the court ruling, these fees should be applied as equally as possible to avoid impacting some residents more than others while also supporting local government. 'It's a way of funding the government. Should that apply to everybody? And the answer is, yeah, it should apply to everybody,' Thurston said. 'In an ideal world, there's a better way of doing it, but in the meantime, this is what we have.'
Los Angeles Times
27-02-2025
- Politics
- Los Angeles Times
California tribe enters first-of-its-kind agreement with the state to practice cultural burns
Northern California's Karuk Tribe has for more than a century faced significant restrictions on cultural burning — the setting of intentional fires for both ceremonial and practical purposes, such as reducing brush to limit the risk of wildfires. That changed this week, thanks to legislation championed by the tribe and passed by the state last year that allows federally recognized tribes in California to burn freely once they reach agreements with the California Natural Resources Agency and local air quality officials. The tribe announced Thursday that it was the first to reach such an agreement with the agency. 'Karuk has been a national thought leader on cultural fire,' said Geneva E.B. Thompson, Natural Resources' deputy secretary for tribal affairs. 'So, it makes sense that they would be a natural first partner in this space because they have a really clear mission and core commitment to get this work done.' In the past, cultural burn practitioners first needed to get a burn permit from the California Department of Forestry and Fire Protection, a department within the Natural Resources Agency, and a smoke permit from the local air district. The law passed in September 2024, SB 310, allows the state government to, respectfully, 'get out of the way' of tribes practicing cultural burns, said Thompson. For the Karuk Tribe, Cal Fire will no longer hold regulatory or oversight authority over the burns and will instead act as a partner and consultant. The previous arrangement, tribal leaders say, essentially amounted to one nation telling another nation what to do on its land — a violation of sovereignty. Now, collaboration can happen through a proper government-to-government relationship. The Karuk Tribe estimates that, conservatively, its more than 120 villages would complete at least 7,000 burns each year before contact with European settlers. Some may have been as small as an individual pine tree or patch of tanoak trees. Other burns may have spanned dozens of acres. 'When it comes to that ability to get out there and do frequent burning to basically survive as an indigenous community,' said Bill Tripp, director for the Karuk Tribe Natural Resource Department, 'one: you don't have major wildfire threats because everything around you is burned regularly. Two: Most of the plants and animals that we depend on in the ecosystem are actually fire-dependent species.' The Karuk Tribe's ancestral territory extends along much of the Klamath River in what is now the Klamath National Forest, where its members have fished for salmon, hunted for deer and collected tanoak acorns for food for thousands of years. The tribe, whose language is distinct from that of all other California tribes, is currently the second largest in the state, having more than 3,600 members. The history of the government's suppression of cultural burning is long and violent. In 1850, California passed a law that inflicted any fines or punishments a court found 'proper' on cultural burn practitioners. In a 1918 letter to a forest supervisor, a district ranger in the Klamath National Forest — in the Karuk Tribe's homeland — suggested that to stifle cultural burns, 'the only sure way is to kill them off, every time you catch one sneaking around in the brush like a coyote, take a shot at him.' For Thompson, the new law is a step toward righting those wrongs. 'I think SB 310 is part of that broader effort to correct those older laws that have caused harm, and really think through: How do we respect and support tribal sovereignty, respect and support traditional ecological knowledge, but also meet the climate and wildfire resiliency goals that we have as a state?' she said. The devastating 2020 fire year triggered a flurry of fire-related laws that aimed to increase the use of intentional fire on the landscape, including — for the first time — cultural burns. The laws granted cultural burns exemptions from the state's environmental impact review process and created liability protections and funds for use in the rare event that an intentional burn grows out of control. 'The generous interpretation of it is recognizing cultural burn practitioner knowledge,' said Becca Lucas Thomas, an ethnic studies lecturer at Cal Poly and cultural burn practitioner with the yak titʸu titʸu yak tiłhini Northern Chumash Tribe of San Luis Obispo County and Region. 'In trying to get more fire on the ground for wildfire prevention, it's important that we make sure that we have practitioners who are actually able to practice.' The new law, aimed at forming government-to-government relationships with Native tribes, can only allow federally recognized tribes to enter these new agreements. However, Thompson said it will not stop the agency from forming strong relationships with unrecognized tribes and respecting their sovereignty. 'Cal Fire has provided a lot of technical assistance and resources and support for those non-federally recognized tribes to implement these burns,' said Thompson, 'and we are all in and fully committed to continuing that work in partnership with the non-federally-recognized tribes.' Cal Fire has helped Lucas Thomas navigate the state's imposed burn permit process to the point that she can now comfortably navigate the system on her own, and she said Cal Fire handles the tribe's smoke permits. Last year, the tribe completed its first four cultural burns in over 150 years. 'Cal Fire, their unit here, has been truly invested in the relationship and has really dedicated their resources to supporting us,' said Lucas Thomas, 'with their stated intention of, 'we want you guys to be able to burn whenever you want, and you just give us a call and let us know what's going on.''
