January 25, 2012 at 5:00 PM

Bills to Watch: HB 87, Billboard Revisions, Rep. Melvin Brown

If there is one thing our Utah State Legislature is good at, it is talking out of both sides of its mouth.

Take, for example, HB 87, Billboard Revisions, as proposed by Representative Melvin Brown (R-Coalville, District 53).

It seems that every year we hear the legislature complain about how there is too much government interference with the state, yet they (as the state) are all too eager to interfere with local governments when they do something that they don’t like.  The big example last year was Wayne Niederhauser’s bill that was a knee-jerk reaction to Salt Lake City attempting to stop McMansions in certain neighborhoods (more on that coming up in another post). This year, Brown is the one attacking Salt Lake City after Mayor Becker pushed to cap the number of electronic billboards in his city. Now the billboard companies didn’t like this much, but Mayor Becker stood firm.

Oooh, also, funny story: in his last election, Brown received $689 in campaign contributions from Reagan Signs – the sign company primarily affected by such a ban.

The decision to limit advertising in a municipality is the municipality’s decision – not the states. But Brown, apparently attempting to appease a donor, has thrown that idea out the window.  Utah legislators don’t want the Fed’s telling them what to do, but they are more than happy to dictate certain minutia to the cities.

This is a unnecessary and hypocritical law that was designed to please the interests of campaign donors and not the citizens of Utah.

To contact Rep. Brown, Click Here or call 435-647-6512

 

Impact: 2

Need: 0

Overall: -4

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

at 1:00 PM

Bills to Watch: HB 283, State Stores Pilot Program for Days of Sale of Liquor, Rep. Patrice Arent

One of the many perplexing liquor laws in Utah revolves around state liquor stores being closed on the more “obscure” legal holidays.  Most Utahns don’t get holidays like Columbus Day or Presidents Day off from work, yet our liquor stores are inexplicably closed on those days.

Thankfully Representative Patrice Arent (D – Salt Lake City, District 36) is attempting to change that with HB 283, State Stores Pilot Program for Days of Sale of Liquor.

The bill adds one paragraph to state law that would allow the liquor commission to decide which holiday’s they would like liquor stores to be open.  It would also allow this to be implemented as a pilot program to see the advantages and disadvantages of such a program.

Now, odds are, you won’t see liquor stores on Christmas or New Years, but it has always been odd that someone could not buy a bottle of wine on Martin Luther King day or real beer on Independence Day.  Heck, anyone who currently frequents liquor stores knows that being closed on a Monday does not magically decrease drinking on the holiday, all it does is increase liquor purchases on Saturday.

This bill, ultimately, is only a small step in alcohol reform – but it is a step in the right direction.

To contact Rep. Arent, Click Here or call 801-618-1946

 

Impact: 2

Need: 2

Overall: 3

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

 

at 9:00 AM

Bills to Watch: SB 34, Production and Sale of Food in Utah Revisions, Sen. Casey Anderson

After reading through SB 34, Production and Sale of Food in Utah Revisions, I literally spat out a sigh of disgust/confusion/and general “huh?” a-tude.

The bill, proposed by Senator Casey Anderson (R-Cedar City, District 28) says that if an agricultural product is grown, distributed, and consumed entirely in Utah, it is exempt from federal regulation.

This was the confusion part.

The bill then goes on to say that  if a state or federal agent arrests someone for growing, distributing, and consuming an agricultural product entirely in Utah, the state or federal agent will be arrested and charged with a Class A misdemeanor.

This was the “huh” part.

And the cherry on the cake – if some mean old law enforcement officer does manage to arrest someone without getting arrested themselves…wait for it…THE STATE WILL PAY THEM BACK FOR THEIR TROUBLES…EVEN THOUGH THEY BROKE FEDERAL LAW!

Disgust has now set in.

Really Senator Anderson? Really? I MEAN REALLY?!

Your grand idea, the whole reason you wanted to come to Capitol Hill was to propose some half-baked law that would be overturned in a heartbeat.

Yes, that is the best part of this bill – IT IS COMPLETELY IMPOTENT! SAYS SO RIGHT IN THE BILL!

Scroll down to the bottom, down there where Legislative Research threw in its own two cents; and I quote (emphasis added):

As drafted, these provisions raise issues relating to the Supremacy Clause, contained in Article VI, Section 2 of the United States Constitution (“This Constitution, and the Laws of the United States . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”). The United States Supreme Court has “long recognized that state laws that conflict with federal law are ‘without effect,’”… and has further held that an individual cannot be guilty of a state crime if the individual was acting necessarily and properly under the authority of the laws of the United States.

Based on the federal statutes and case law described above, there is a high probability that a court will find that this bill violates the Supremacy Clause to the extent that it: 1) conflicts with valid federal regulation of intrastate commerce; 2) makes it a crime for a government agent to enforce federal law; or 3) requires a court or the governor to uphold state law in violation of the Supremacy Clause of the United States Constitution.

That’s right, if this bill were to pass, IT WOULD DO NOTHING! and (this is the best part) WASTE STATE TIME AND MONEY IN THE PROCESS!

I mean really? You are concerned about the feds? With Carrots? I mean…Really? You…we…Constiu…Can’t do it…won’t work…I…wha?

You know what? I am done here. Captain Picard, take us out.

To contact Sen. Anderson, Click Here or call 435-263-5854

 

Impact: 0

Need: 0

Overall: -5

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

January 24, 2012 at 5:00 PM

Bills to Watch: HB 70, Air Quality Task Force, Rep. Patrice Arent

On the list of “important things our legislature really should cover,” our metro area’s air quality should be at the top of the list.  Year after year the inversion gets worse and worse, and yet our lawmakers seem to completely ignore it. This is somewhat ironic as the inversion always seems to set in at about week three, and you can get a really good view of the muck that affects over three quarters of Utah residents from the halls of the Capitol Building.

That is why I am grateful that Representative Patrice Arent (D – Salt Lake City, District 36) is proposing HB 70, Air Quality Task Force.

The bill would create a task force specifically designed to review public and private efforts to improve the air quality and suggest changes to laws and regulations to improve the very air we breath in every day.

Of course, I am sure that Arent would like to be able to propose (and of course pass) bills that actually address the issues of poor air quality, however it is a pipe dream to think that conservative lawmakers will pass anything unless they are forced to confront the facts of air quality and how to fix them.  So, barring that, Arent is taking the most proactive approach she politically can to at least start to address the very serious issue.

I have high hopes for this bill. It is simple, straight forward, and a step in the right direction.  Just about anyone who lives from Ogden to Provo (and don’t forget Logan) experience poor air at least a quarter of the year – it is truly an issue that touches almost every Utahan.

…Oh, and I wish to propose the following as the official theme song for this bill.

 

To contact Rep. Arent, Click Here or call 801-618-1946

 

Impact: 5

Need: 5

Overall: 5

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

at 1:00 PM

Bills to Watch: HB 64 – Amendments to Public Employee Health Care, Rep. Brian Doughty

I have to hand it to freshman Representative Brian Doughty (D-Salt Lake City, District 30). His bill, HB 64, Amendments to Public Employee Health Care would go far in proving that Utah is not some backwater stuck in the 1940′s.

Doughty’s bill makes the revolutionary step to acknowledge that not every state employee fits into the classic Norman Rockwell painting, but that we live in modern times and our public servants have modern needs.

The bill would allow any state employee to designate an adult dependent who could benefit from our states public employee health care insurance.

Now, arch-conservative a-holes, this would mean that those gays would have the ability to give benefits to their partners; but it also means that someone could take care of an aging parent or relative who lives at home. It would mean that each and every employee be treated fairly in regards to health care benefits and that we as a state don’t create a narrow definition of which loved ones we should be allowed to take care of. Yes, it would mean that every public employee would be able to take advantage of one of the perks currently reserved for a select number of servants.

Republicans will spin this into a pro gay rights bill, and in some ways, it certainly is.  But what the bill really does is provide incentives to attract talented people to a sometimes thankless job. They will thumb their noses at the potential price-tag, without considering the fact that this would show to many large businesses that we are actually catching up with the policies of several Fortune 500 companies, making the state more attractive to companies and their employees.

Unfortunately, I doubt the backward thinking knuckle draggers will ever let this bill see the light of day…because they know that it actually would receive support from the public; forcing them to choose between their narrow minds and the will of the people.

 

To contact Rep. Doughty, Click Here or call 801-413-4931

 

Impact: 2

Need: 2

Overall: 5

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

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Bills to Watch: SB 19, Voter Information Pamphlets, Sen. Peter Knudson

Senator Peter Knudson’s (R- Brigham City, District 17) heart appears to be in the right place when he proposed SB 19, Voter Information Pamphlets, however the timing is a bit off.

Now, in the olden days, people actually had to walk uphill, both ways, with snow up to their ears to receive a voter information packet – it would arrive by either rain, sleet, or snow. By damn, you got a physical copy that would, most likely, be used to line your birdcage or sit at the bottom of a stack of bills.

But, you got it – and that is an important part of my point.

SB 19 would basically eliminate physical voter registration pamphlets, allowing the state to instead put voter information packets online while advertising where potential voters can go to learn more.  If the bill were to pass and you still longed for the days where you could draw mustaches on candidate photos, you could still request a physical copy to take with you.

I have two main concerns with this, however.

First, although I do just about everything online, I am weary of retiring physical documents such as voter information pamphlets. In a day and age where we delete 30 emails a day because it is such an pain to see that inbox grow, it feels (to me anyway) that a physical copy of something just means more – it means it is of value and it means that it is important. I worry that if physical copies of the pamphlet were removed, we would loose the value of the document.

My second concern is a more practical one.  We have many people in this state (read the elderly) who are still technophobic or tech-illiterate and simply will not know how to access this information easily. If they do want to obtain a physical copy, there is an extra step put in their way that makes things just a little more difficult.

I am not saying that we shouldn’t have an online voter information packet, but I really feel that it should be an opt-in program and not an opt-out. We are seeing a trend where voting becomes just a little bit harder; and this bill would make the process of becoming an informed citizen even more difficult. I honestly don’t think that that was the intent of this legislation, however it is an consequence of it.

To contact Sen. Knudson, Click Here or call 435-730-45699

 

Impact: 1

Need: 2

Overall: -2

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

January 23, 2012 at 6:31 PM

Bills to Watch: SB 117 – Publication of Education Fund Revenue Reductions, Sen. Ben McAdams

Senator Ben McAdams (D-Salt Lake City, District 2) is taking charge and working hard to hold legislators accountable with SB 117 – Publication of Education Fund Revenue Reductions.  The bill is very straight forward, but will have big ramifications by holding lawmakers feet to the fire.

The bill, in short, would require any bill that negativity effects education funding be reported to the legislature.

Think about that for a moment.

It means that, unless a bill sponsor can specifically show that a reduction in public education funding is beneficial to the public education system, they will have a very public forum showing that their bill takes money away from our already underfunded school system.

Of course, I am skeptical that this bill will actually go anywhere – after all, why would legislators actually want to be held accountable to other lawmakers and the public? That means that they would actually have to step out of the closed door.

To contact Sen. McAdams, Click Here or call 801-618-1946

 

Impact: 3

Need: 5

Overall: 5

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

at 9:00 AM

Bills to Watch: SJR 7 – Joint Resolution on Priority Status for Bills

I don’t even know where to begin on this one folks.

With SJR 7 – Joint Resolution on Priority Status for Bills, Senator Margaret Dayton (R – Orem – District 15) is such an overt attempt to squelch the rights of the political minority that it sounds more like the fiat of a third world dictator than that of a modern democracy.

SJR 7, in no uncertain terms, would give any bill proposed by the minority party in the legislature automatic “second class” status. Furthermore, it comes up with absurd requirements for drafting legislation to begin with.

The resolution does three things: makes bill drafting a “first come, first served” affair, places a priority of bill drafting by legislators when requesting bills, and requires that any bill that is prioritized by majority vote of an interim committee be drafted first.

So, lets look at the situation.

I am a Democratic lawmaker who wises to pass comprehensive education reform, so I go to legislative research (the folks who actually draft the legalese part of bills)  and ask for this bill to be put together.  Well, that is just super, but, unfortunately, your Republican colleagues don’t want to see this happen, so they made sure to flood leg research with dozens (if not hundreds) of fluff bills beforehand, thereby tying up resources to get your bill through in a timely manner – your bill is diligently worked on, but not released until it is to late. All because of the “first come-first serve” basis. Yes, even if your bill is a half-cocked mess, you still get priority over a bill that has been well researched and ready to go out of the gates.

But, lets suppose you came to the front of the line and ask that your bill be properly prepared. Whelp, that still is a problem because, again, Republican leaders have come up with a backup plan. Flood leg research with committee (read Republican dominated) requested bills.

Oh ho – but SJR 7 specifically says that those bills are to be drafted on a first come, first served basis before committee bills are recognized. But does anyone honestly believe that, in a culture where legislators already throw their weight around to get their bills out, they will somehow not do the same when there are seven or eight of them?

This bill is designed to do one thing, and one thing only – make it harder for Democrats to get their bills out and, therefore, make it harder for them to pass any legislation that they feel is important. Dayton has been known as a bully for years, and this bill is just further proof of that.

To contact Sen. Dayton, Click Here or call 801-221-0623

 

Impact: 1

Need: 0

Overall: -5

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

January 20, 2012 at 1:00 PM

Bills to Watch: SB 31, Classroom Size Amendments, Sen. Karen Morgan

I must admit that I was impressed when I saw that Senator Karen Morgan (D – Salt Lake –District 8) proposed SB 31, Classroom Size Amendments. It is short, it is sweet, and it cuts to the very core of one of the principal problems with Utah schools: large class sizes.

Morgan is proposing that there be no more than 18 students in a kindergarten class, 20 students for a 1st grade class, 22 students in a 2nd grade class, and 24 students in a 3rd grade class in any English, math, science, or social studies class.

The bill provides feasible ways for this goal to be achieved from a logistical stand point by allowing so called “paraprofessional’s” to teach classes to these students. These paraprofessionals would essentially take on a group of students during the school year and teach them the curriculum assigned – meanwhile the primary teacher could focus their efforts on students that are struggling.  If, of course, the classroom already met these guidelines, the school would not need to pay to bring in one of these professionals.

Aye, there’s the rub. This bill has a fiscal note points out that the initial cost of this bill will be between $12.7 and $31.2 million just to get the bill off the ground. By the time the bill is fully phased in, it will cost the state between $22 and $67 million a year ,depending on various factors.

I am not saying that this means I think it is a bad bill – far from it, I am just saying our “never tax anyone, slash budgets everywhere” Republican controlled legislature probably won’t warm up to the idea. Hell, they thumb their noses at the mere thought of increasing funding for education in general, let alone when a specific policy is brought up.

Good luck Senator Morgan, I am pulling for you. If I might make one suggestion, be sure to point out that your Republican colleagues bring very little to the table, and you are eager to find solutions.

 

To contact Sen. Morgan, Click Here or call 801-943-0067

 

Impact: 3

Need: 4

Overall: 5

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

at 9:00 AM

Bills to Watch: HB 30, Unemployment Insurance Amendments, Rep. Jeremy Peterson

When I first noticed HB 30, Unemployment Insurance Amendments as proposed by Representative Jeremy Peterson (R – Ogden, District 9), I have to admit that I was ready to completely rip into the bill, but after much consideration, I have decided to only point out its many flaws.

The long and short of the bill is that it would reduce the unemployment insurance rate that employers have to kick in to the unemployment fund by two percent, reducing it from the current rate of 9 percent to 7. This bill would expire in 2013, thereby resetting the rate back to 9.

Now, being the pinko commie that I am, I immediately have to ask why we are defunding unemployment insurance at a time when, unfortunately, we are forced to use it? After all, one would not decide to cut their food budget after having a kid.

But then I got hung up on the whole “expires in 2013″ thing.  ”AH,” I so cleverly said to myself, “this is clearly meant to be some sort of program designed to incentivize business to invest.”

Sadly, this logic has some misleading flaws.

Though it is true that businesses would have more money for the year, the expiration date  means that any smart company knows that it should not spend its money on an ongoing expense (read employees). This means that businesses will do one of three things with the extra money they now have: 1)pay for debts already incurred (and, therefore not increase growth); 2) Put the money away in savings to ensure a buffer exists in the event that the company takes a turn (again, not increasing growth); or 3) Put the money into capital investments (i.e. new equipment or a new building).

I must admit that this third option could grow the economy – if this were permanent. The problem is that, once a building is built, a company isn’t going to build another one. Once a machine is ordered, the factory isn’t going to need another. In short, the effects of this bill would be more like a hit of a drug, not a dose of a cure. Some jobs will be created, but this policy would do very little to sustain economic growth.

Meanwhile, what this policy would do is reduce the amount of money people already in need could receive.  I remind you that the unemployed draw from unemployment insurance – not unemployment welfare. Every single person on unemployment is only able to take advantage of the poorly named “benefit” because, at one point, they were paying into the system when they were employed.  Just as you have the right to receive a check from your insurance agent if your car gets in an accident, you have the right to receive a check from the insurance fund in the event you loose your job.

By reducing the buy-in that companies provide, you are naturally reducing the amount of money the insurance provider is able to payout. The safety net people expected to land on becomes just a little bit smaller.

So, if this bill had no expiration date it would be bad because it kicks people when they are down; because it does have an expiration date, it will kick people when they are down (but only for a year), and do little to actually fix the problem.

I think Rep. Peterson thought he was making a good bill on this one, however it just falls flat.

 

To contact Rep. Peterson, Click Here or call 801-317-5386

 

Impact: 2

Need: 2

Overall: -1

 

Questions about the rating system? Click Here

To view other bills in the 2012 Bills to Watch series, Click Here

 

© 2012 Blue in Red Zion: Poorly Spelled, Properly Thought Out.