Most Egregious Utah Laws Passed in 2011
The Utah Legislature will begin its 2012 session on January 23, 2012. In an effort to remind everyone why it is important to get involved in the political process, UDLC prepared the following list of some of the most egregious legislation passed by the Republican dominated Legislature in 2011. UDLC plans to provide periodic updates throughout the 2012 session of legislation you should be aware of. You can help UDLC provide assistance to our Democratic legislators in defeating the types of legislation described below by participating on UDLC’s Rapid Response Committee and Legislative Committee.
1. H.B. 477 – The GRAMA Attack
At the top of the list is H.B. 477, which eliminated key provisions of the Government Records and Access Management Act (GRAMA) requiring disclosure of electronic communications of government officials and imposing greater fees on those requesting records.
Jeff Eisenberg, former president of UDLC, stated, “H.B. 477 was rushed through the legislative process and not given a thorough or proper review by either the legislature or the public. It was an attack on open government and shows the arrogance of power that occurs when one party is so dominant in the state. Elected officials should be held accountable when conducting official business and H.B. 477 would have denied the public the ability to obtain vital government records. UDLC is concerned about the lack of transparency in state government and, although H.B. 477 was ultimately repealed, it is important for the public to stay vigilant on such matters. To that end, UDLC will work with willing members of the legislature and other public interest groups to ensure that any future revisions to GRAMA are fairly and openly discussed and meet the spirit with which GRAMA was passed twenty years ago.”
2. H.B. 76 – Constitutional Defense Council
H.B. 76 added a Federalism Subcommittee to Utah’s Constitutional Defense Council. The primary purpose of this subcommittee is to evaluate federal law to determine if it is authorized by the United States Constitution or violates the principle of federalism.
“The sponsors of H.B. 76 and Governor Herbert demonstrate a clear lack of understanding of basic constitutional principles such as Separation of Powers, Checks and Balances, federalism and the Supremacy Clause in passing this legislation.” said Mr. Eisenberg. He further added, “H.B. 76 is openly hostile to our judicial system which is one of the three branches of government enshrined in the United States Constitution.”
Mr. Eisenberg also noted that H.B. 76 will cost several hundred thousand dollars, which the state could better spend on education or other more critical needs.
3. S.B. 59 – School Grading System
Replaced Utah’s current standardized testing system, U-PASS, and sounds eerily similar to the highly criticized federal No Child Left Behind Act. S.B. 59 purports to establish a grading system based on (i) the students’ performance on statewide assessments, and (ii) for high schools the graduation rate and the students’ college and career readiness.
Sounds innocent enough, but S.B. 59 is ambiguous regarding what happens when a school receives a failing grade or how the State will help schools to improve. For example, S.B. 59 fails to allot money to failing schools and fails to limit class sizes, both of which would facilitate a better learning environment. S.B. 59’s point allotment system awards more points to schools that improve rather than those with consistently good results. Utah does not need its own version of a bad federal Act and can do better for its schools and students.
4. H.B. 354 – Insurance Amendments Relating to Abortion
Blocked insurance companies from offering comprehensive policies that include coverage for abortion and interferes with a woman’s private medical decisions. The original version was pitched as a safeguard against public money being used to fund abortion. But the expanded H.B. 354 applies to all private insurance plans, prohibiting abortion coverage except in cases of rape and incest, where the woman’s life or health are at risk or the fetus has a lethal defect.
H.B. 354 is likely unconstitutional under Roe v. Wade and Planned Parenthood v. Casey. And it clearly reduces women’s health care choices. This legislation was passed by Republicans who profess to want to keep the State out of our lives. Yet, this legislation restricts women’s ability to obtain a legal health care procedure. In addition, it attacks the very free enterprise system the Republicans have sworn to protect.
5. H.B. 75 – Dangerous Weapon Amendments
Modified provisions of the Utah Criminal Code regarding the definition of “on or about school premises” as related to the use of dangerous weapons. It eliminates the existing 1,000 foot buffer•zone around K-12 schools and colleges for carrying weapons, but maintains the prohibition of openly carrying a weapon on school grounds and at higher education institutions.
By eliminating the 1,000 foot buffer zone, the legislature apparently concluded that individual gun rights are more important than the safety of our state’s youth our teachers and school staffs. H.B. 75 allows a person with a dangerous weapon to get as close as 15 yards from a school. The 1,000 foot buffer allowed schools and law enforcement time to prepare for a possible gun assault to individuals in a school building. Over the past three decades, schools across the country have dealt with armed intruders who have assaulted individuals both outside and within school buildings. Not being able to determine the nature of an individual’s intent until they literally get to the front door of a school building puts children, teachers and school staffs at risk.
6. H.B. 219 –State Firearm Designation
Designated the Browning model M1911 automatic pistol as the state firearm, placing it just between the state emblem — the beehive — and the state fish — the Bonneville cutthroat trout. Utah’s designation of a state firearm is the first such designation in the nation. Governor Herbert’s spokeswoman commented that the designation of the state firearm “isn’t about a gun,” but instead is “about honoring John Moses Browning and paying tribute to the man as an innovator and entrepreneur and someone has given a lot to the State of Utah.” Robert Pack Browning, the great-grandson of John M. Browning’s brother, Jon E. Browning, objected to the designation of the M1911 as Utah’s state firearm. “However brilliantly designed, however effectively the Browning M1911 has performed its role, those thoughtful men who designed and built that and so many other fine guns, as tools to be respectfully deployed by hunters and soldiers in military operations, would be shocked. It is no honor to the Browning achievement to exploit it in a crassly political gesture at the very moment when the dreadful abuse of firearms has so tarnished that achievement.”
7. H.B. 399 – Environmental Litigation Bond
Imposed a requirement that a plaintiff requesting a preliminary injunction or an administrative stay in any “environmental action,” (defined in the bill as an action seeking judicial review of an agency ruling issuing a permit by the Department of Natural Resources, the Department of Transportation, or the School and Institutional Trust Lands Administration), to post a bond “sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages that each defendant may sustain as a result of the preliminary injunction or administrative stay.” This legislation (i) bars potentially meritorious litigation by preventing citizens who lack the financial means to post a bond from requesting a preliminary injunction or an administrative stay, (ii) may violate the Open Courts Clause of the Utah Constitution, which provides that “all courts shall be open, and every person, for an Injury done to him in his person, property or reputation, shall have remedy by due course of law.” Utah Const. Art. I, § 11, and (iii) is unnecessary because the Utah Rules of Civil Procedure already provides a bond requirement for the issuance of injunctive relief, but allows Courts discretion to tailor the security posted for an injunction and to waive it where there is good cause to do so. This bill removes that discretion in a manner particularly harmful to property owners who lack financial means and are facing imminent harm as a result of the actions of one of the state agencies protected by this bill.
8. H.B. 317 – Currency Amendments
Recognizes gold and silver coins issued by the federal government as legal tender in the State and provides that the exchange of gold and silver coins for another form of legal tender does not create income or sales tax liability. H.B. 317 creates a gaping tax loophole that would allow people seeking to avoid capital gains taxes on assets to do so by selling those assets for gold or silver coins. It represents an example of the Utah Legislature engaging in political posturing rather than seeking to serve the people of Utah.
9. S.B. 44 – State Commission Amendments
Modified the duties of the Utah Tax Review Commission and modifies the duties of and the staffing for the Utah Constitutional Revision Commission. The Utah Tax Review Commission is a bipartisan commission composed of representatives of the House, Senate and appointees of the Governor’s office, but both parties are to be fairly evenly represented. It was originally established to establish an ongoing and comprehensive review of: (i) the tax laws of this state and the political subdivisions of this state and (ii) all issues related to revenue and taxation and make recommendations to the Governor and the Legislature on specific tax issues and tax policy of the state and the political subdivisions. The Utah Tax Review Commission was also authorized to advise the governor, the Legislature and political subdivisions on any proposed change of tax laws or tax policy. S.B. 44 provides that the Utah Tax Review Commission may now only make recommendations to the Governor and Legislature as requested by the Governor, the Legislature in a joint resolution of the Legislature; or the Legislative Management Committee. In addition, most of the responsibilities of the Utah Tax Review Commission have now been transferred to the Revenue and Taxation Interim Committee, a standing committee of the Legislature, the members of which are appointed by the President of the Senate and Speaker of the House. The Utah Constitutional Revision Commission was originally organized to conduct a comprehensive examination of the Utah Constitution and to make recommendations to the Governor and Legislature as to specific proposed constitutional amendments to implement the commission’s recommendations.
The Utah Constitutional Revision Commission was also given the power to advise the Governor and Legislature on any proposed constitutional amendment or revision. At the request of the Governor, the president of the Senate, the Speaker of the House, the minority leader of the Senate, the minority leader of the House, or the legislative sponsor of a resolution to amend the Utah Constitution. S.B. 44 provides that the Utah Constitutional Revision Commission shall now advise the Governor and the Legislature on proposals to amend the Utah Constitution, as requested by the Governor, the Legislature in a joint resolution of the Legislature, or the Legislative Management Committee.
S.B. 44 takes away the independence of the Utah Tax Review Commission and the Utah Constitutional Revision Commission by authorizing them to exercise their responsibilities only as requested by the Governor, the Legislature or the Legislative Management Committee. Since the Republican Party clearly controls both the Governor’s office and the Legislature, the result is that these entities may only exercise their responsibilities at the request of the majority party. Any attempt to have these entities operate in a bipartisan manner for the overall benefit of the State has now been lost, and the power of the Governor and Legislature has been enhanced at the expense of the Utah citizenry.