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Utah Grassroots 2012 Legislative Report GrassRoots Committed to Promoting the Principles of Limited Government, Constitution, Representative Government, Participatory Republic, Free Market Economy, Family and Separation of Powers UtahGrassRoots.org Annual Report on Utah’s Legislature April 2012 What Could Have Been Sumsion and Morley Receive Perfect Score to Lead House It was the year of “What Could Have Been.” Dayton and Anderson Lead State Senate Yes there were some important pieces of legislation House Summary : Ken Sumsion (R-UT) and Mike passed. Of particular note was H.B. 148 and H.J.R. in Morley (R-UT) received perfect scores to lead the House. which the state of Utah demanded that the federal Also receiving scores above 90% were Curtis Oda (R- government return land under federal control to them. Davis), John Dougall (R-UT), Bill Wright (R-UT), Craig Frank (R-UT), Chris Herrod (R-UT), Ken Ivory (R-SL), In the end, many pieces of legislation died for lack of a Brad Daw (R-UT) and Merilyn Newbold (R-SL). vote in the Senate or were watered down significantly. Senate Summary : Margaret Dayton (R-UT) and Casey Take for example H.B. 140 which would have removed Anderson (R-UT) were tops in the Senate. They were the administrative checkpoints in the state. Administrative only two Senators to receive above a 90%. checkpoints are clear violations of the Fourth Amendment which states that you can only be stopped for a crime with Governor: Gary Herbert received a score of 75% which probable cause. The bill passed the House only to die in is an improvement on his lifetime score of 73%. It is also the Senate for lack of a vote. Another vote that falls into the highest score ever received by a governor from this category is H.B. 49 which would have prohibited GrassRoots. municipalities from arresting individuals for participating in legal activities i.e. carrying a firearm. H.B. 50 would have ended the “Check a Buck” program, in which state GrassRoots has been issuing an annual legislative report general funds are given to political parties (which are card since 1992. The Constitutions of the nation and state private organizations). “Check a Buck” gives the are the guides which GrassRoots uses in picking issues government the right to curb political speech, as those that for its legislative report card. Bills are picked without give money can often set regulations on the organizations regard to any particular individual. receiving the money. Contents Bills Summary…………………….…………….……2-3 There were bills that were watered down. SCR 11 started House…………………………………………...…….4-5 off as a bill to prohibit federal officers from carrying out Senate & Governor……………………………....…….6 the National Defense Act in the state of Utah. It was Rankings…………………...……………………….…..7 changed to a resolution which was further watered down. First Do No Harm…….………………………………..8 In addition, the legislature did not take up any illegal immigration bills, despite several good bills being introduced. While states such as Wisconsin and Ohio made strong stands for limited government, Utah did not follow their lead. GrassRoots Analysis of Bills for 2012 people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not Bills are listed by number with house bills listed first. The be violated, and no Warrants shall issue, but upon probable sponsor of the bill is in parentheses. The tally on bills from cause, supported by Oath or affirmation, and particularly each house is listed by Yeas, Nays and those Absent or Not describing the place to be searched, and the persons or Voting. Text of all bills can be found at www.le.state.ut.us. things to be seized”. GrassRoots approves of a YES vote. Passed the House (41-33-1) but did not come up for a A) H.B. 49 (P. Ray) Provides that an individual may carry a vote in the Senate. firearm concealed or unconcealed providing that their behavior was otherwise lawful. There have been several G) H.B. 148 (K. Ivory) Requires the federal government instances where individuals have been charged with extinguish title to public lands and transfer title to those disorderly conduct for exercising their second amendment public lands to the state on or before December 31, 2014. rights by openly carrying a gun. Bill protects our second The United States Constitution (Article I, Section 8, Clause amendment rights. GrassRoots recommends a YES vote. 17) allows the federal government to own land in a state Passed the House (50-21-4) but did not come up for a only if it has the consent of the state in which the land final vote in the Senate. resides. The state of Utah has not granted the federal B) H.B. 50 (J.Dougall) Repeals the “Check a Buck” program government the right to own land in the state. Per the in the state of Utah. Under current law, if an individual Constitution this land should be returned. GrassRoots checks a box on the state tax return, money is sent to the approves of a YES vote. Passed the House (59-14-2); political party of their choice. This money comes out of the Senate (21-6-2) and was signed into law by the general fund and not the individual’s donation. Political Governor. parties are private organizations, and it is inappropriate for H) H.B. 194 (D. Brown) Allows correctional facilities to government funds to be used to fund private organizations. petition court to forcibly administer food or fluids prisoners. “Check a Buck” puts government in the position it can One of our most basic rights is to control ones’ body. While regulate first amendment speech. GrassRoots recommends an individual who is a prisoner may forfeit some rights for a YES Vote. Passed the House (51-20-4) but did not his crimes, under most circumstances he does not forfeit the come up for a vote in the Senate. right to eat or drink or refrain. GrassRoots approves of a C) H.B. 65 (P. Arent) Creates the College and Career No vote. Passed the House (63-10-2); Senate (27-1-1) Counseling Pilot Program at an annual cost to the taxpayer and was signed into law by the Governor. of $800,000 per year. Our schools already have guidance I) H.B. 198 (C. Herrod) Provides that certain food grown by counselors and resources in place to do this. GrassRoots an individual for consumption by the individual’s family is recommends a NO vote. Failed the House (31-42-2). not subject to local or federal regulation and that certain D) H.B. 129 (P. Painter) Clarifies that a person is justified in food grown or stored by an individual for consumption by defending their home and family against criminal activity the individual’s family may not be confiscated by a and may not be liable for civil damages for injury or damage government entity. The very fact, that legislators would feel occurring while doing so. Two of our most fundamental that such a bill is necessary, demonstrates that our God given rights are the rights to life and property; we government has grown too large and tries to do too many should have the right to defend both. These are natural things. GrassRoots approves of a YES vote. Passed the rights and it is proper that government should recognize House (53-16-6); Senate (21-6-2) and was signed into law them. GrassRoots approves of a YES vote. Passed the by the Governor. House (73-0-2); Senate (25-0-4) and was signed into law J) H.B. 325 (D. Ipson) Under current law businesses cannot by the Governor. market fuel below a certain price. This bill would have E) H.B. 132 (D. Pitcher) Reduces the marriage license fee for delaye3d the repeal or “sunset” date for this law another five a couple who undergo premarital education and counseling years (until July 1, 2017). The free market is the best way to and creates a three-day waiting period before a marriage determine prices, not some arbitrary number set by the license may be used (unless the couple went through government. This bill was poor law when originally passed prescribed counseling). While premarital counseling may or and should be sunsetted. Grassroots approves of a NO may not be laudatory, it is not the proper role of government vote. Passed the House (41-31-3) but did not come up to encourage such counseling. Bill also grants county clerk for a vote in the Senate. right to waive waiting period which puts additional power K) H.B. 363 (B. Wright) requires human sexuality into hands of government officials. GrassRoots approves instructional programs to teach and stress abstinence from of a NO vote. Failed the House (31-42-2). all sexual activity before marriage and fidelity after F) H.B. 140 (D. Butterfield) Bill protects our fourth marriage as the only sure methods for preventing certain amendment rights by ending administrative checkpoints. communicable diseases. Our schools should not be One of the tools used by law enforcement is administrative circumventing the rights of parents by teaching values checkpoints, where citizens are stopped without just cause involving birth control and alternative lifestyles, which to see if they are committing a crime. This is a violation of contradict their values. Parents have the ultimate the Fourth Amendment which states, “The right of the responsibility for teaching values to their children. This bill 2 GrassRoots upholds this right. GrassRoots approves of a YES vote. vote. Passed the Senate (19-9-1) but did not come up for Passed the House (45-28-2); Senate (19-10-0) and was a vote in the House.
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