Annual Report Card on Utah Legislature

April 2002

How Did Your Representatives Represent You in 2002?

Contents

• Utahns suffer big losses in 2002
• Legislature uses technology to improve citizen involvement
• Report card chart - Senate
• Report card chart - House
• Analysis of Bills for 2002
• Top 25 Reps. - 2002
• Bottom 25 Reps. - 2002
• Top 25 - Lifetime
• Bottom 25 - Lifetime
• Senate Rank - 2002
• Senate Rank - Lifetime
• Fast Facts
• Credits

Two vetoes by Governor Mike Leavitt put a damper on the 2002 session of the Utah Legislature. Leavitt vetoed H.B. 287 which guaranteed the constitutional rights of state employees and H.B. 123 which prohibited school personnel from making medical recommendations. Leavitt's actions represented several misplaced priorities for Utah's elected officials (see page 8).

After doubling the size of government over the past 10 years, lawmakers found themselves with a budget shortfall. Instead of enduring the pain of deep cuts, the legislature raised taxes, dipped into the rainy day fund and bonded for $348 million. Utahns did enjoy some victories with this year's legislature, as parental rights were strengthened and it became more difficult for children to be removed from their parents.

But overall Utahns should feel disappointed in what progress could have been made, as several good bills including tuition tax credits, never came up for a vote on the House or Senate floors. In addition, the Senate refused to vote on a resolution calling for a constitutional amendment to ban abortion and would not vote on a bill which would have curbed voter fraud by requiring an individual to show a valid form of i.d. to vote.

Utah Government Spending

Source: Utah Comprehensive Annual Financial Report:

Year	1991	1996	2001
Dollars	3.0 bil	4.6 bil	6.23 bil
Spending per citizen	1,000	1,150	1,290

Two recent technological advances have made it easier for citizens to keep an eye on the legislature. Links to voting tabulation have been added to the bill status sheet and citizens can now check how their legislator voted by a click of the button. Previously one had to go through the journals to find this information. Also the house sessions are now broadcast via the Internet.

Grassroots lauds the legislature for opening its records to more citizens than ever before and hopes that the trend continues by adding vote tabulations for committee bills. Several good bills were killed in committee, but presently citizens cannot find out who voted for or against a bill in committee without going through the journals at the capital.

Bills are listed by number with house bills listed first. The sponsor of the bill is in parentheses. The tally on bills from each house is listed by yeas, nays and those absent or not voting. Text of all bills can be found at www.le.state.ut.us.

A) H.J.R. 10 (G. Way) Urges the United States Congress to send to the states a constitutional amendment protecting the life of the unborn. Grassroots approves of a yes vote. Passed the House (54-20-1) but did not come up for a vote in the Senate.

B) H.J.R. 30 (D. Clark) Proposes to change the Utah Constitution to add a property tax exemption for property owned but under the control of the state or political subdivision of state. Bill would be used to expand organizations such as the UTA. Bill raises a number of questions such as who will buy and then lease back government property. If UTA expands, will taxpayers be asked to pay higher taxes as has been the case with light rail? Grassroots approves of a no vote. Passed the House (67-6-2) and Senate (24-2-3).

C) H.B. 2 Second Substitute (G. Adair) Authorizes the state to issue $348 million in bonds for capital projects. Bonding today could lead to higher tax rates in the future. Grassroots approves of a no vote. Passed the House (49-21-5), Senate (18-9-2) and was signed into law by the governor.

D) H.B. 28 (W. Harper) Declares that there is no immunity for governmental employee child welfare workers who commit fraud, malice or perjury. . Grassroots approves of a yes vote. Passed the House (60-5-10), Senate (22-4-3) and was signed into law by the governor.

E) H.B. 43 (D. Hogue) Allows fluoridation of water in a non-fluoridated area if a resident requests it. Fluoridation of water deprives citizens of their right to determine which medications they and or their families take. Grassroots approves of a no vote. Passed the House (43-19-13), Senate (23-5-1) and was signed into law by the governor.

F) H.B. 76 (D. Cox) Creates a process to create new school districts by a petition of registered voters. Smaller school districts would allow greater parental input into their children's education. Grassroots approves of a yes vote. Passed the House (43-31-1) but failed in the Senate (12-12-5).

G) H.B. 101 Substitute (D. Bourdeaux) Mandates that racial information be included on driver's license, and that the state create a database to measure how often each race is stopped by law enforcement. The symbol of our justice system, Lady Liberty, wears a blindfold because justice should be blind. This includes being color blind. Grassroots approves of a no vote. Passed the House (54-18-3), Senate (19-6-4) and was signed into law by the governor.

H) H.B. 123 (K. Bryson) Prohibits school personnel from making medical recommendations for a child. Education should be in the business of educating our children and leave medical recommendations to parents and health professionals. Grassroots approves of a yes vote. Passed the House (65-6-4), Senate (23-3-3) but was vetoed by the governor.

I) H.B. 139 (D. Litvack) Creates a Family Employment Advisory Committee to study and make recommendations for eligibility and participation in the Family Employment Program. Fiscal note on bill states that if the recommendations made in the "shall implement" provisions were implemented it would cost over $8.6 million in 2004. Grassroots approves of a no vote. Failed in the House (37-36-2). Bills in the house require 38 votes to pass.

J) H.B. 144 (D. Ure) Allows children of illegal immigrants to receive in-state tuition at Utah colleges and universities if they meet certain requirements. Government should not reward those individuals who enter our country by breaking our immigration laws. Grassroots approves of a no vote. Passed the House (39-35-1), Senate (20-6-3), and was signed into law by the governor.

K) H.B. 183 (M. Philpot) Waives fee for criminal background checks for those individuals wanting to purchase a gun. Individuals should not be charged to enjoy their Constitutional rights. Grassroots approves of a yes vote. Passed the House (46-26-3) but failed in the Senate (9-18-2).

L) H.B. 226 Third Substitute (M. Throckmorton) Makes it more difficult for the government to terminate an individual's parental rights. Grassroots approves of a yes vote. Passed the House (59-15-1), Senate (22-2-5) and was signed into law by the governor.

M) H.B. 238 (C. Saunders) Raises taxes on cigarettes by 18-cents per pack. Increases the tax burden on certain Utah citizens who already bare one of the highest tax burdens in the nation. Grassroots approves of a no vote. Passed the House 40-28-7), Senate (15-13-1) and was signed into law by the governor.

N) H.B. 246 (S Mascaro) Reauthorizes 54 state entities and programs which would have ended before the 2003 session. The purpose of sunset laws is for programs to end. Citizens would be better served if legislators debated the necessity of each program, instead of reauthorizing such a huge number in one bill. Grassroots approves of a no vote. Passed the House (66-5-4), Senate (23-0-6) and was signed into law by the governor.

O) H.B. 258 (B. Lockhart) Helps prevent voter fraud by requiring voters to show valid identification before voting. Grassroots approves of a yes vote. Passed the House (47-24-4) but did not come up for a vote in the Senate.

P) H.B. 287 (M. Thompson) Prohibits the Board of Child and Family Services from requiring that foster parents surrender the Constitutional rights including the right to keep and bare arms. Grassroots approves of a yes vote. Passed the House (63-10-2), Senate (16-12-1) but was vetoed by the governor.

Q) H.B. 295 (T. Hatch) Mandates that the government obtain a search warrant before removing a child from a home unless it obtains consent of the parent or guardian. The government should have to meet the same requirement to remove a child as a piece of property. Grassroots approves of a yes vote. Passed the House (57-17-1), Senate (23-4-2) and was signed into law by the governor.

R) S.B. 44 (L. Hillyard) Provides $800,000 to fund a community legal center. Grassroots approves of a no vote. Passed the Senate (25-0-4) but never came up for a vote in the House.

S) S.B. 77 (L. Blackham) Provides $39,500 to fund a task force on the Involuntary Commitment of the mentally iIl. The task force may make it easier for the government to involuntarily commit an individual. Grassroots approves of a no vote. Passed the House (61-11-3), Senate (20-7-2) and was signed into law by the governor.

T) S.B. 97 (K. Hale) Expands the role of the Corrections Advisory Coordinating Council. Government is already too intrusive and its role should not be expanded. Grassroots approves of a no vote. Passed the House (41-23-11), Senate (26-0-3) and was signed into law by the governor.

U) S.B. 108 (E. Mayne) Provides that three-percent of revenues of boxing matches be set aside to promote amateur boxing in the state. Government already has too many roles; promoting amateur boxing should not be added to the list. Grassroots approves of a no vote. Passed the House (52-19-4), Senate (22-0-7), and was signed into law by the governor.

V) S.B. 147 (M. Waddops) Sets financial penalties for state institutions whose policies violate state law. No individual is above the law. Several state agencies and universities have policies which do not allow citizens to exercise their Constitutional rights and are knowingly breaking state law as set forth by the state legislature. If a state entity is allowed to break the law, how can we expect any better of the ordinary citizen? Grassroots approves of a yes vote. Passed the Senate (18-10-1) but failed in the House (35-38-2).

W) S.B. 157 (B. Wright) Allows school districts to negotiate individual contracts with employees. If an individual wants to negotiate their own contract outside of the labor union, he or she should have the right do to so. Grassroots approves of a yes vote. Passed the Senate (16-11-2) but failed in the House (32-42-1).

1. Becky Lockhart
2. Morgan Philpot
3. Glenn Way
4. Glenn Donnelson
4. Merylynn Newbold
6. Margaret Dayton
6. John Swallow
8. Chad Bennion
9. Darin Peterson
9. Matt Throckmorton
11. Jeff Alexander
12. Steven Mascaro
13. Stephen Urquhart
14. Katherine Bryson
14. Jim Ferrin
14. Doug Aagard
17. Kevin Garn
18. Wayne Harper
18. David Ure
20. Don Bush
20. Marty Stephens
22. Tom Hatch
23. Greg Curtis
24. Craig Buttars
24. Bradley Johnson

51. Carl Duckworth
52. James Gowans
52. Max Young
54.Eric Hutchings
54. Karen Morgan
56. Fred Fife
56. Richard Siddoway
58. Ralph Becker
58. Afton Bradshaw
60. Trisha Beck
61. Brad King
61. LaWanna Shurtliff
63. Neil Hendrickson
64. Jackie Biskupski
64. Duane Bourdeaux
66. Patricia Jones
67. Neal Hansen
68. Patrice Arent
68. Judy Buffmire
68. David Litvak
68. Ty McCartney
72. Scott Daniels
73. Cindy Beshear
73. Brent Goodfellow
75. Carol Moss

1.Becky Lockhart
1.Morgan Philpot
3. Glenn Donnelson
3. Matt Throckmorton
5. Jeff Alexander
5. Glenn Way
7. Margaret Dayton
7. Merylynn Newbold
9. David Ure
10. Katherine Bryson
10. Jim Ferrin
10. Steven Mascaro
13. John Swallow
14. Darin Peterson
14. Stephen Urquhart
16. David Clark
17. Mike Thompson
18. Kevin Garn
18. Tom Hatch
20. Roger Barrus
20. Stephen Clark
22. Marty Stephens
23. Doug Aagard
23. Don Bush
23. Craig Buttars
23. Wayne Harper

51. Max Young
52. Sheryl Allen
52. Carl Duckworth
52. Afton Bradshaw
55. Richard Siddoway
56. Karen Morgan
57. Eric Hutchings
58. Patricia Jones
59. Neil Hansen
60. Jackie Biskupski
60. Duane Bourdeaux
60. Lamont Tyler
63. Trisha Beck
63. LaWanna Shurtliff
65. Brad King
66. Fred Fife
66. David Litvak
68. Judy Buffmire
69. Patrice Arent
69. Cindy Beshear
69. Brent Goodfellow
72. Ty McCartney
73. Ralph Becker
74. Scott Daniels
75. Carol Moss

1. Scott Jenkins
2. Bill Wright
3. Curtis Bramble
4. Parley Hellewell
5.Dave Gladwell
6. Terry Spencer
6. Michael Waddops
8. Chris Buttars
8. Howard Stephenson
8. John Valentine
11. Al Mansell
12. Ed Mayne
13. Lyle Hillyard
14. John Hickman
15. Mike Dmitrich
16. Carlene Walker
17. Dan Eastman
17. Peter Knudson
17. Steven Poulton
20. Leonard Blackham
21. Gene Davis
22. David Steele
23. Beverly Evans
24. Edgar Allen
25. Ron Allen
26. Millie Peterson
27.Karen Hale
28. Paula Julander
29. Alicia Suazo

1. Bill Wright
2. Howard Stephenson
3. Scott Jenkins
4. Curtis Bramble
5. Parley Hellewell
5. Terry Spencer
7. Chris Buttars
8. John Hickman
8. John Valentine
8. Michael Waddops
11. Dave Gladwell
11. Steven Poulton
13. Dan Eastman
14. Al Mansell
15. Carlene Walker
16. Leonard Blackham
17. Lyle Hillyard
18. Beverly Evans
19. Peter Knudson
20. Ed Mayne
20. David Steele
22. Millie Peterson
23. Mike Dmitrich
24. Gene Davis
25. Edgar Allen
26. Ron Allen
26. Paula Julander
28. Karen Hale
29. Alicia Suazo

Average score for 2002 was 50 percent for house members and 39 for senators.

Twenty-two representatives and one senator received scores of 70 or above. In 2001, 26 representatives and 12 senators received similar scores.

GrassRoots

The 2002 GrassRoots Report was prepared by Don Guymon and converted to HTML by Iodynamics.

President of GrassRoots: Kenneth Olafson

For more information email GrassRoots at UtahGrassRoots.org

The author thanks all of those individuals who helped in the publication of this newsletter.