Annual Report Card on Utah Legislature

April 2007

PDF version (Contains ratings charts and rankings)

How Did Your Representatives Represent You in 2007?

Contents

• Government Continues Growth in 2007
• Tilton Leads House Scores, Dayton Receives Top Score in Senate
• What is GrassRoots?
• Analysis of Bills for 2007
• Consistency

Government Continues Growth in 2007

The 2007 legislative session started with great promise as legislators passed a voucher bill after years of debate. While the legislation is not ideal, it is a step in the right direction. Our legislators and governor should be commended for its passage. Unfortunately, shortly after passing H.B. 148 lawmakers passed H.B. 174 which modifies H.B. 148 and puts strict restrictions on private schools robbing parents of true choice.

H.B. 202 which prevented teachers from recommending students take psychotropic drugs was passed and signed. This bill had also been debated for many prior sessions and is a victory for families.

While several good pieces of legislation were passed including some tax relief, the rate of government spending continued to increase. Spending in the recent administration exceeds that of the two prior administrations. This year citizens are left paying for a soccer stadium, $30 million for full day kindergarten, and a host of other programs in a budget that exceeded $10 billion.

Lawmakers failed to address the illegal immigration issue as a bill which would have allowed law enforcement officers to enforce immigration laws went down to defeat. A second amendment bill which would guarantee this right during emergencies also failed to pass. On the positive side a bill which would have banned guns on university campuses was watered down so citizens can still exercise this right while on the state’s college campuses.

Tilton Leads House Scores
Dayton Receives Top Score in Senate

House Summary: Aaron Tilton (R-UT) received the top score from GrassRoots in the House with a 91%, while Mike Morley (R-UT) followed close behind with a 90% . This year House members scores averaged 45% slightly below the House lifetime score of 47%.

Overall 11 representatives scored above 70 on the report. In addition to Tilton and Morley they were: Craig Frank, John Dougall, Curt Oda, Carl Wimmer, Becky Lockhart, Glen Donnellson, Christopher Herrod, Kenneth Summison and Bradley Daw. All members receiving above 70 were Republicans.

Senate Summary: In her first year in the Senate, Margaret Dayton (R-UT) received the top score in the Senate with a 76%. Last year’s top senator, Howard Stephenson (R-SL) received a 72%. Also scoring above 70 was Scott Jenkins (R-WB). This year the Senate received a 46% which tops its lifetime score of 45%.

Governor: Governor Huntsman received a 38% on this year’s report card below his lifetime score of 39%.

What is GrassRoots?

GrassRoots has been issuing an annual legislative report card since 1992. The Constitutions of the nation and state are the guides which GrassRoots uses in picking issues for its legislative report card. Bills are picked without regard to any particular individual.

Analysis of Bills for 2007

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 http://www.le.state.ut.us/.

A) H.B. 38 (M. Newbold) The “Real Salt Lake Bill” amends the transient room tax. Bill allows funds to be sent to build a soccer stadium after the Salt Lake County Council voted it down because it was not financially viable. According to the fiscal note up to $2.25 million will be allocated annually or up to $35 million. GrassRoots approves of a no vote. Passed the House (48-24-3), Senate (20-8-1) was signed into law by the governor.

B) H.B. 84 (J. Gowans) Bill creates the traumatic brain injury fund by increasing the DUI fine. While GrassRoots does not approve of DUI’s and believes those who drive drunk should be punished, this bill is a step towards socialized medicine. If the government feels it should create a fund for head injuries what other medical issues should it cover? GrassRoots approves of a no vote. Passed the House (63-8-4), Senate (23-4-2) and was signed into law by the governor.

C) H.B. 105 (G. Donnelson) Allows state and local law enforcement officers to enforce federal immigration laws. Protecting our borders is a proper role of government, and citizens should expect their law enforcement officers to protect our borders and enforce all of our laws. GrassRoots approves of a yes vote. Passed the House (43-30-2) but did not come up for a vote in the Senate.

D) H.B. 148 (S. Urquhart) Creates program to award vouchers to parents who send their children to private schools. While the bill was not perfect, this will create competition in our education system which just as it has in the free market will improve the education our children receive by bringing true accountability to our educational system. GrassRoots approves of a yes vote. Passed the House (38-37-0), Senate (19-10-0) and was signed into law by the governor.

E) H.B. 174 (B. Last) Bill modifies the education voucher bill. Bill imposes requirements on schools that choose to receive the scholarships such that it reduces the benefits of vouchers and the choices available to parents and students. GrassRoots approves of a no vote. Passed the House (54-11-10), Senate (23-5-1) and was signed into law by the governor.

F) H.B. 193 (G. Hughes) One of the complaints made by proponents of increased spending in our public schools is that not enough money is spent on classroom instruction. This bill would have required that 65% of school expenditures be spent on classroom instruction. GrassRoots approves of a yes vote. Failed in the House (24-49-2).

G) H.B. 202 (M. Morley) Bill prohibits school personnel from making certain medical recommendations for a student, including the use of psychotropic medications, and it prohibits removal of a child from parental custody based on a parent's refusal to consent to the administration of psychotropic medications. Bill strengthens parental rights. GrassRoots approves of a yes vote. Passed the House (45-22-8), Senate (20-9-0) and was signed into law by the governor.

H) H.B. 209 (T. Cosgrove) Bill intrudes on parental rights by imposing regulations on how parents protect their children in a motor vehicle. GrassRoots approves of a no vote. Failed in the House (31-38-6).

I) H.B. 224 (G. Donnelson) Repeals Utah law which allowed illegal immigrants to receive in state tuition to Utah’s institutions of higher learning. Individuals who break our laws should have consequences for their actions, not be rewarded as Utah law currently allows. GrassRoots approves of a yes vote. Failed in the House (37-37-1).

J) H.B. 235 (P. Ray) Our nation was founded under the premise that government should protect “life, liberty and the pursuit of happiness”. As originally introduced this bill would have directly challenged Roe V. Wade. As passed, in the event the Supreme Court overrides Roe v. Wade which deprived the unborn of this right, this bill will outlaw abortion in the state. GrassRoots approves of a yes vote. Passed the House (62-12-1), Senate (20-7-2) and was signed into law by the governor.

K) H.B. 258 (B. Dee) Imposes additional continuing education requirements on architects to renew their license. Increases the role of government and makes it more difficult for individuals to provide for their families. Ultimately the free market regulates better than government. GrassRoots approves of a no vote. Passed the House (59-15-1), Senate (22-1-6) and was signed into law by the governor.

L) H.B. 273 (C. Oda) Permits smoking in certain fraternal organizations until 2009 which a previous law had banned. While smoking may not be good for an individual’s health, individuals still have property rights whether they will allow smoking on their property. Individuals also have the right to decide if they want to go to a business which may allow smoking. GrassRoots approves of a yes vote. Passed the House (58-12-5), Senate (23-3-3) and was signed into law by the governor.

M) H.B. 300 (R. Menlove) Increases fees for fireworks display licenses by 300% which allows the governments budget to continue to grow. GrassRoots approves of a no vote. Passed the House (55-17-3), Senate (26-0-3) and was signed into law by the governor.

N) H.B. 334 (A. Tilton) The right to property is one of our most basic rights. Eminent domain deprives citizens of this right. This bill makes it more difficult for government to use eminent domain for the purposes of creating parks and paths. GrassRoots approves of a yes vote. Passed the House (44-20-11) but did not come up for a vote in the Senate.

O) H.B. 365 (S. Urquhart) Two years ago the Utah Legislature passed legislation which limited the power of government to use eminent domain for purposes such as for creating new retail complexes. As noted earlier, the right to property is one of our most basic rights. Since passing legislation which protected property rights two years ago, the legislature has begun to unravel that legislation each year. This bill makes it easier to deprive citizens of their right to property. GrassRoots approves of a no vote. Passed the House (64-7-4), Senate (26-0-3) and was signed into law by the governor.

P) H.J.R. 7 (S. Sandstrom) Bill urges the Unites States to withdraw from the Security and Property Partnership Act and any other activity which would seek to create a North American Union. Such an agreement endangers United State’s constitutionally protected rights. GrassRoots approves of a yes vote. Passed the House (47-24-4) but did not come up for a vote in the Senate.           

Q) S.B. 31 (C. Bramble) Reauthorizes 49 state entities and programs within one bill. The purpose of sunset laws is for a program to end at a certain date. Reauthorizing a large number of unrelated programs in one bill is poor government. GrassRoots approves of a no vote. Passed the House (67-7-1), Senate (25-2-2) and was signed into law by the governor.

R) S.B. 36 (P. Jones) As originally written bill made it a primary offense for not wearing a seat belt. While wearing seat belts may be a good idea, an individual should still have the right to decide if they want to wear a seat belt. GrassRoots approves of a no vote. Passed the Senate (16-13-0) but failed in the House (33-39-3).

S) S.B. 43 (S. McCoy) Bans smoking in a vehicle while a child is present. While smoking may be harmful, parents still have the right to raise their children as they see fit. GrassRoots approves of a no vote. Passed the Senate (20-7-2) but did not come up for a vote in the House.

T) S.B. 49 (L. Hillyard) Creates an optional extended-day kindergarten. The program comes with an initial $30 million price tag. While government should only take away parental rights when a child is at risk, they also should not take away parental responsibility which this program does. GrassRoots approves of a no vote. Passed the House (57-13-5), Senate (18-5-6) and was signed into law by the governor.

U) S.B. 56 (M. Madsen) Allows access for all employee education associates (such as unions and fraternal organizations) to all public schools. The foundation of our free enterprise system is competition. This bill guarantees competition amongst employee associations who would want to compete to represent educators. GrassRoots approves of a yes vote. Passed the House (39-31-5), Senate (20-8-1) and was signed into law by the governor.

V) S.B. 78 (M. Madsen) Recently employees have been fired for having firearms in their vehicles. This bill guarantees that an individual will not be denied their second amendment rights when their firearms are stored in their personal property such as a car. GrassRoots approves of a yes vote. Passed the Senate (19-8-2) but did not come up for a vote in the House.

W) S.B. 81 (M. Madsen) Allows students who are home schooled to participate in extracurricular activities at public schools. Currently parents who home school their children not only pay for the cost of educating their children but also are paying for children to be taught in the public schools. It is only fair that their children be able to benefit from their tax dollars by being allowed to participate in activities at public schools. GrassRoots approves of a yes vote. Passed the House (40-32-3), Senate (26-2-1) and was signed into law by the governor.

X) S.B. 112 (C. Buttars) Regulates the sale of certain over the counter cough and cold medicines by requiring a person to show photo identification and for the business to keep a record of these transactions for one year. In the name of fighting methamphetamines, this bill violates a person’s fourth amendment rights by attempting to punish any individual who goes to the store to buy medicine to relieve them from their suffering from a cold but also expands the role of government by putting undue burdens on stores which sell such products. GrassRoots approves of a no vote. Passed the House (64-0-11), Senate (28-0-1) and was signed into law by the governor.

Y) S.B. 183 (S. Killpack) One of the threats to the right to own property is the ability of government to declare the property a wetland. This bill prohibits counties and municipalities from declaring a wetland unless the property has already been designated a wetland by the federal government. GrassRoots approves of a yes vote. Passed the House (52-16-7), Senate (23-4-2) and was signed into law by the governor.

Z) S.B. 190 (G. Davis) Under this bill if a government entity felt that an animal owner was not properly caring for their animal that citizen could be charged with a felony. Often such judgments are arbitrary, and a felony conviction causes a citizen to lose voting and second amendment rights. For example, some extremists believe trapping a mouse is animal cruelty. While animals should be treated with proper care, the bill is vague on several definitions it puts to many citizens’ rights at risk. Passed the House (54-18-3), Senate (18-9-2) but because the two chambers passed different versions the bill did not go to the governor. Hence the bill did not become law.

AA) S.B. 201 (M. Madsen) During Hurricane Katrina some citizens were denied their second amendment rights; this bill guaranteed that citizen’s in the state of Utah would not be denied this right in an emergency. Passed the Senate (19-8-2) but did not come up for a vote in the House. GrassRoots approves of a yes vote.

Consistency

By Don Guymon

Consistency.

If we could achieve this one word in Utah politics, it would be a great day for this state.

Opponents of H.B. 148 which introduced educational vouchers to the state lamented the cost. Yet 30 of the 48 House and Senate members who voted against vouchers had no problem giving at least $35 million for a soccer stadium.

If sending every dollar possible to educate our children is the real reason to oppose vouchers why is the $35 million soccer stadium an exception?

If it is so important that every possible dollar be spent on classroom spending, why did 34 of the 37 representatives who voted against vouchers oppose insuring more money was funneled into the classroom? H.B. 193 would have required that 65% of school funding be spent on instruction. The bill was defeated in the House 24-49-2.

One would think that if the state was not spending enough money to teach its children then we would be attempting to finance the system we currently have. Yet S.B 49, which creates extended day kindergarten in the state, passed overwhelmingly. The bill carries a $30 million price tag for the first year.

Many of our politicians proclaim the pro-life mantle and talk about the importance of protecting the unborn. H.B. 235 would have been a test case to challenge Roe v. Wade which legalized abortion. Yet in a year of record spending increases the state would not spend money to defend this bill in court but gave millions of dollars to a millionaire to fund a soccer stadium.

Being consistent when it comes to principals is not easy. This year H.B. 84 which created the Traumatic Brain Injury Fund passed both chambers by large margins. The money comes from increased fines for those convicted of DUI’s. Certainly those who commit this crime should be punished, but is creating another government program the way to go? What happens if we are ever able to rid the society of drunk driving? How will this continue to be funded? For those who decry socialized medicine, isn’t such a bill a step in the direction of a government run system?

This year it became more difficult to purchase cough and cold medicines. Yet nothing was done to curb the attack on our borders of illegal immigration.

Of course, the lack of consistency is not only absent in our state politics. On a national level, conservatives are falling all over themselves to support candidates who only recently were pro-abortion and pro-gay rights.

Our lack of consistency will eventually hurt this state. Currently our economy is growing and unemployment is very low. Government, however, has grown larger than the rate of inflation and according to the Utah Taxpayers Association has grown on average 9% over the past two years.

What will happen to this state when the economic good times end? It may not be a popular notion but every Economics 101 class in college teaches of economic cycles with times of growth such as we are in now, but times of correction when the economy does not fair as well.

When the economy goes bad, as it inevitably will, who will pay for the increased state spending? How will we fund full day kindergarten or a soccer stadium and the myriad of other programs which have been recently implemented?

While our lawmakers should be praised for recent tax cuts, ultimately the lack of fiscal restraint will ultimately lead to an increased tax burden. Instead of increasing spending, more money should have been given back to those who paid the taxes to keep the economic pump primed.

When faced with cutting spending or raising taxes, unfortunately our elected officials have been remarkably consistent. Please hold onto your wallets as that will be the price all taxpayers will pay for inconsistency in our state government.

Don Guymon is the chairman of GrassRoots