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2010 Legislative Report GrassRoots Committed to Promoting the Principles of Limited Government, Constitution, Representative Government, Participatory Democracy, Free Market Economy, Separation of Powers and Family UtahGrassRoots.org [email protected] Annual Report on Utah’s Legislature April 2010 The Year of the Tenth Amendment legislation must recognize that every individual, including elected officials, have rights which are guaranteed by the The Tenth Amendment to the Bill of Rights states: “The Constitution. These rights should not be infringed upon. powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” During lean economic times, it is easy for legislators to This year the Utah State Legislature decided finally to put curb runaway spending. GrassRoots urges our legislators some teeth behind these words. They voted to exercise and citizens to be equally concerned about government our health care rights, our land rights and our gun rights. growth when good economic times resume. While the legislature should be applauded for their efforts, the question GrassRoots asks is, “What took so long?” These issues have affected the state for quite some time; Morley Receives Perfect Score to Lead House they are not new. Dayton Leads State Senate Utah Grassroots lauds the courage of the Wyoming legislature which passed HB 95 (Wyoming Firearms House Summary : Mike Morley (R-UT) received a Freedom Act), and of the governor who signed this bill on 100% on this year’s report card. Other top scoring House March 11 of this year. Among other things, it provides jail members were Carl Wimmer (R-SL), Kenneth Sumsion time or fines (or both) to penalize government agents who (R-UT), Craig Frank (R-UT), Stephen Sandstrom (R-UT) attempt to enforce federal regulations on Wyoming-made and Chris Herrod (R-UT). This year the House had an firearms and ammunition, and authorizes the AG to average score of 58% which is up from the lifetime score defend any Wyoming citizen who is prosecuted for the of 51%. violation of any such regulations. Senate Summary: Margaret Dayton (R-UT) led the All news was not good from the session. Legislators Senate with a score of 90%. Other top Senators were raised the cigarette tax by $1 per pack which will increase Howard Stephenson (R-SL) and Mark Madsen (R-UT). the tax burden by $43 million. They also passed The Senate beat the House with a 61% rating. This is up legislation which would allow the Utah Transit Authority from their lifetime average of 51% to become a limited partner in housing development (this is comparable to the federal government investing in Governor: Gary Herbert’s score of 71% is the highest General Motors). Parental rights took a blow when a score by a governor since the founding of GrassRoots. move to liberalize the booster seat law failed in the What is GrassRoots? House. GrassRoots has been issuing an annual legislative report One of the big issues facing the state is the issue of ethics card since 1992. The Constitutions of the nation and state legislation. GrassRoots decided to not take a position on are the guides which GrassRoots uses in picking issues for the legislation passed by the legislature this year. its legislative report card. Bills are picked without regard Grassroots believes the best method of enforcing ethics is to any particular individual. an informed citizenry who are informed and hold all elected officials accountable for their actions. Ethics Contents GrassRoots Bills Summary…………………….…………….……2-3 and protect federal management lands in accordance with the US House…………………………………………...…….4-5 Constitution. GrassRoots approves of YES vote. Passed the Senate & Governor……………………………....…….6 House (67-2-6); Senate (23-5-1) and was signed into law by Rankings…………………...……………………….…..7 the Governor. The Tenth Amendment………………………………..8 F) H.B. 150 (B. Daw) This bill violates our Fourth Amendment Analysis of Bills for 2010 rights by requiring Internet Service Providers to turn over service records without search warrants. Our Founders believed Bills are listed by number with house bills listed first. The that it was important to protect the rights of citizens from sponsor of the bill is in parentheses. The tally on bills from government abuses. Just as the federal government was wrong each house is listed by Yeas, Nays and those Absent or Not to pass the Patriot Act; this bill strips citizens of God given Voting. Text of all bills can be found at www.le.state.ut.us. protections guaranteed in the Fourth Amendment and puts burdensome obligations upon business owners. GrassRoots A) H.B. 67 (C Wimmer) Prohibits a state agency or department approves of a NO vote. Passed the House (48-20-7); Senate from implementing federal health care reform; unless the state (19-10-0) and was signed into law by the Governor. legislature specifically authorizes the implementation by statute. The federal health care bill recently passed by Congress exceeds the authority granted to the federal government specified by the G) H.B. 196 (P. Ray) Increases the tax burden on Utahns by Constitution. HB 67 helps protects the Tenth amendment rights $43 million by raising the cigarette tax. When government of the state of Utah and protects citizens’ rights from unlawful increases taxes on any citizen, it provides a mechanism to federal mandates. GrassRoots approves of a YES vote. continue to grow the government. The sponsors of this Passed the House (53-20-2); Senate (16-7-6) and was signed legislation have stated that a purpose of this legislation is to into law by the Governor . discourage individuals from smoking. If the government is successful in getting citizens to stop smoking; how will it make B) H.B. 82 (F Seegmiller) This bill infringes on our basic right up for the revenue generated by this tax? It will raise taxes on to property. H.B. 82 would have banned individuals from the non smokers. This bill also violates the principle of equality smoking in their motor vehicle if a child is present. Citizens under the law and will harm certain legal businesses. would face a fine of $45 for doing a lawful activity on their own GrassRoots approves of a NO vote. Passed the House (39-35- personal property. While GrassRoots acknowledges the dangers 1); Senate (19-8-2) and was allowed to become law when the of second hand smoke, it believes that property rights and Governor failed to sign or veto the bill. GrassRoots is personal responsibility are more important. GrassRoots considering this a yes vote for the governor; since he had the approves of a NO vote. Passed the House (40-31-4) but did power to stop the tax increase but did nothing. not come up for a vote in the Senate. H) H.B.221(K. Garn) Reauthorizes over 40 state entities and C) H.B. 113 (C. Herrod) In 2007, the Legislature infringed programs within one bill. The purpose of sunset laws is for a upon parents’ rights by requiring all children under the age of program to end at a certain date. Reauthorizing a large number eight years old to ride in a booster seat. This bill sought to ease of unrelated programs in one bill is poor government. this requirement by allowing a child to not have to be put in a GrassRoots approves of a NO vote. Passed the House (64-8- booster seat in areas that the speed limit did not exceed 45 miles 3); Senate (22-0-7) and was signed into law by the Governor. per hour. GrassRoots prefers the state legislature reassert parents rights by repealing the original bill. This bill was a I) H.B. 227 (S. Sandstrom) Requires those applying for minor step in the right direction. GrassRoots approves of a business licenses to show proof of U.S. citizenship. One of the YES vote. Failed in the House (24-47-4) proper roles of government is protecting our borders. This bill protects the rights of U.S. citizens and reinforces that we are a D) H.B. 143 (C. Herrod) Approximately 70% of Utah’s land is nation governed by laws. GrassRoots approves of a YES vote. controlled by the federal government. The vast majority of this Passed the House (38-36-1) but did not come up for a vote in land is controlled in manners not authorized by the US the Senate. Constitution. The citizens of this state should have a greater say in how our land is used. This bill authorizes the state to exercise J) H.B. 234 (S. Sandstrom) Prohibits the state of Utah from eminent domain authority on property held by the federal participating in the federal Real ID program. One of the property unless the land was acquired with the consent of the concerns with the Real ID is that it allows the government to Utah Legislature. GrassRoots approves of a YES vote. have access to personal data of citizens. The proper role of Passed the House (48-17-10); Senate (21-6-2) and was signed government is to protect citizens’ rights not to collect private into law by the Governor. information that may be abused. GrassRoots approves of a YES vote. Passed the House (70-0-5); Senate (23-5-1) and E) H.B. 146 (M. Noel) Bill asserts Utah’s Tenth Amendment was signed into law by the Governor. rights by stating that Utah does not recognize federal law enforcement agency authority beyond that necessary to manage 2 GrassRoots K) H.B. 278 (C. Herrod) Requires government entities to eligible for the Utah Children’s Health Insurance Program produce documents in electronic format upon request; if (CHIP).
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