Legislation

The 2010 general session of the Utah State Legislature concluded on Thursday, March 11, 2010.  The Sutherland Institute again strove to promote and support legislation consistent with its governing principles and policy priorities, and to modify or defeat proposed legislation that was not.

"Shaping public policy that preserves and strengthens the traditional family and protects the well-being of our children and communities are key legislative priorities for us," said Stan Rasmussen, Sutherland public affairs manager.  "We express our thanks for the diligent efforts of the many legislators, informed and responsible citizens, and colleagues who worked hard in seeking to develop policy that makes Utah a better place to live, work and raise a family."

Against the backdrop of serious state and national economic challenges, the Utah Legislature is to be commended for a difficult job well-done.  Crafting a budget for fiscal year 2011 that reflects sobering revenue projections required a careful, bi-partisan balancing of priorities.

During the intensive, 45-day general session, Sutherland Institute engaged a number of issues important to the people of Utah.

SUTHERLAND’S EFFORTS AT A GLANCE

• Number of bills actively tracked: 35
• Number of bills decided consistent with Sutherland Institute’s intent: 26 (74%)
• Number of times Sutherland representatives presented testimony in committee: 17 (Stan Rasmussen, 9; Derek Monson, 4; Matt Piccolo, 2; Jim Giometta, 2)
• Number of email messages sent to legislators prior to floor votes: 14
• Other correspondence: Four letters (opposing any tax increase - re: HB196 and SB 40; requesting funding prioritization - HB 200; “lemons and lemonade” packages - SB 251; sex-ed opinion-editorial - SB54 and HB 127).

BILLS THE INSTITUTE PROACTIVELY SUPPORTED – 3 OUT OF 3 BILLS PASSED

1. Authentic Charity Health Care Resolution  (HJR 27)
Creates the framework for a state authentic charity care policy.
• Governing Principle: Charity [Center for Community and Economy]
• Sutherland Actions: Following months of preparatory efforts by the Sutherland policy team, Legislative Consultant Jim Giometta testified in support in the House Health and Human Services Committee where it was passed out favorably.  The bill was subsequently unanimously passed by the full House, favorably passed out by the Senate Health and Human Services Committee, and passed by the full Senate.
• Outcome: Positive – the bill was passed unanimously in every vote.

2. State Sovereignty Concurrent Resolution  (SCR 3)
Reaffirms the sovereignty of the state of Utah under the 10th Amendment of the U.S. Constitution and urges that all compulsory federal legislation that directs states to comply under threat of civil or criminal penalty or sanction or that requires states to enact legislation or lose federal funding be prohibited or repealed.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Jim Giometta testified in support of the bill in the House Judiciary Committee where it was passed out favorably, after being passed by the Senate.  The bill was subsequently passed by the House.
• Outcome: Positive – the bill was passed.

3. Removing Signature from Initiative and Referendum Petition  (SB 275)
Addresses disparity in the process by which a citizen may have their name removed from a petition as compared to the relative simplicity by which they can add their name to a petition.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Sutherland Institute encouraged the Legislature to consider legislation that would address the described disparity – by means of a press release and discussion on a local radio program.  Sutherland Public Affairs Manager Stan Rasmussen met with Senator Howard Stephenson who expressed willingness to sponsor a bill.  Sutherland Policy Manager Derek Monson testified in support of the bill in the Senate Government Operations and Political Subdivisions Committee where it was favorably passed out.  Monson and Rasmussen sent an email to all Senators prior to the vote in the full Senate recommending their support.  Rasmussen presented testimony in support of the bill before the House Government Operations Committee, where it was passed out favorably.  Through personal interaction, Monson, Rasmussen, and Sutherland Policy Analyst Matthew Piccolo encouraged Representatives to support the bill when it was debated and voted on in the full House.  Having been passed by both chambers by a 2/3 majority vote, the bill can go into effect much sooner (April 1), rather than after the standard 60-day waiting period.
• Outcome: Positive – the measure will go into effect on April 1.
• Special note: Accompanied by Dan Witte via telephone-conference connection, on Thursday, March 18, 2010, Stan Rasmussen met with John Pearce, legal counsel to Governor Gary Herbert, and staff attorney Tom Moore.  Rasmussen and Witte presented Sutherland’s recommendation, with supporting arguments, that Governor Herbert resist those who are urging him to veto SB 275.  Sutherland’s request was fruitful: the Governor signed the bill on March 26.

BILLS THE INSTITUTE ACTIVELY OPPOSED – 9 OUT OF 13 BILLS DEFEATED

4. Income Tax Amendments  (HB 90)
Amends the state Individual Income Tax Act and increases individual income tax rates on taxpayers with state taxable income above certain levels.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Sutherland Policy Manager Derek Monson was prepared to present testimony in opposition in the House committee, but public-comment time was cut off.  The bill was defeated on a vote of 9-4.
• Outcome: Positive – the bill was defeated.

5. Antidiscrimination Study Related to Employment and Housing  (HB 128)
Requires the study by a legislative interim committee of public policy related to LGBT discrimination in employment and housing.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Sutherland discussed with Senate leadership a one-year moratorium on all homosexual/“gay-rights” legislation.  That was the decision.
• Outcome: Positive – the bill was not considered.

6. Administrative Subpoena Amendments  (HB 150)
Modifies the Code of Criminal Procedure regarding the use of administrative subpoenas in the investigation of specified criminal offenses.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Sutherland engaged this bill after it had reached the House floor.  Stan Rasmussen testified in the Senate committee wherein the committee was adjourned without a vote.  Pursuant to a brief discussion with members of the Attorney General’s staff, Rasmussen arranged a conference call wherein members of the AG’s office and Sutherland policy specialists engaged extensive discussions about the bill.  Sutherland communicated via email to the sponsors and to all members of the Senate the fact that the Institute’s position was unchanged: that administrative subpoenas are inherently unconstitutional because they allow an executive official and/or prosecutor to conduct a search and seizure without the oversight of a judge issuing a warrant.  The Senate passed the bill on a vote of 19-10.
• Outcome: Negative – the bill was passed.
• Special note: Accompanied by Dan Witte via telephone-conference connection, on Thursday, March 18, 2010, Stan Rasmussen met with John Pearce, legal counsel to Governor Gary Herbert, and staff attorney Tom Moore.  Rasmussen and Witte presented Sutherland’s recommendation, with supporting arguments, that Governor Herbert veto HB 150.  On April 1, Mr. Pearce called Rasmussen to inform that Governor Herbert appreciated Sutherland’s time and efforts and that, following careful review, he had signed the bill on March 30 and further indicated that if Sutherland sees evidence of the concerns expressed, he requests that we bring such information to his attention.  

7. Public Employees' Health Care  (HB 177)
Extends health insurance coverage for state employees to include an adult designee (unmarried partner).
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Sutherland discussed with Senate leadership a one-year moratorium on all homosexual/“gay-rights” legislation.  That was the decision.
• Outcome: Positive – the bill was not considered.  

8. Tobacco Tax Revisions  (HB 196) and
9. Cigarette and Tobacco Tax Amendments  (SB 40)
Both bills increase taxes on tobacco products.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Derek Monson prepared to present testimony in opposition in the House committee on HB 196, but the public-comment period was limited.  The bill was passed out favorably on a vote of 5-2.  Monson sent an email to all members of the House prior to the floor vote on the bill; it passed on a vote of 39-35-1.  The same message was emailed to all senators, accompanied by a letter from Paul Mero opposing any and all tax increases this session.  The House passed HB 196 on a vote of 19-8-2.  SB 40 was passed by the full Senate on a vote of 20-9.  The full House did not consider or vote on SB 40.
• Outcome: Negative – HB 196 passed, despite pre-session commitments to resist any tax increases.

10. Licensing Eligibility  (HB 227)
Requires all applicants for various licenses to provide the licensing authority with documentation of their lawful presence in the United States.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: The Institute engaged this bill after it had passed a House committee.  It was considered and debated on the House floor and defeated.  It was subsequently reconsidered and once again defeated, and then reconsidered again and passed.  Paul Mero and Derek Monson sent an email message in opposition to all members of the House prior to the second reconsideration vote, wherein it was passed on a vote of 38-36-1.  Stan Rasmussen presented testimony in opposition in the Senate committee hearing where the committee was adjourned with no vote on the bill.  When it was taken directly to the Senate floor, Rasmussen sent an email to all Senators prior to the floor debate and vote.  It was circled as part of an agreement to send it to interim study, but it was not included on the Master Study list.
• Outcome: Positive – the Senate committee adjourned to avoid a negative committee vote on the bill and it was not voted on by the full Senate, with the effect that the bill was not passed.

11. Adoption Revisions  (HB 300)
Permits a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state to adopt a child under certain conditions.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Sutherland discussed with Senate leadership a one-year moratorium on all homosexual/“gay-rights” legislation.  That was the decision.
• Outcome: Positive – the bill was not considered.

12. Antidiscrimination Amendments  (HB 305)
Modifies the Utah Antidiscrimination Act and Utah Fair Housing Act to address discrimination, including discrimination on the basis of sexual orientation or gender identity.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Sutherland discussed with Senate leadership a one-year moratorium on all homosexual/“gay-rights” legislation.  That was the decision.
• Outcome: Positive – the bill was not considered.

13. Health Education Amendments  (SB 54) and
14. Reproductive Health Education Amendments  (HB 127)
Modifies provisions relating to health courses taught in public schools including the establishment of curriculum requirements that include a general discussion of contraception.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: In an opinion-editorial published in the Salt Lake Tribune, Matt Piccolo articulated Sutherland’s opposition to the proposed sex-ed reforms.  The op-ed was sent to legislators and to like-minded groups who distributed it further.  Piccolo was prepared to testify in opposition to SB 54 when it was considered in the Senate committee, but no one on the committee would move to adopt the sponsor’s substitute bill to begin debate.  As a result, it effectively died.  When the sponsor of HB 127 was asked by Piccolo if he would pursue that bill, in view of the outcome of SB 54, he was noncommittal.  HB 127 was never considered by a committee.
• Outcome: Positive – SB 54 failed to receive a committee vote and HB 54 was never presented in committee.

15. Verification of Employment Eligibility  (SB 251)
Provides for voluntary registration with the Department of Commerce (DOC) by a private employer who participates in employee verification; and requiring the DOC to publish a list of registered private employers participating in employee verification.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Sutherland engaged this bill after it was passed by a Senate committee.  Stan Rasmussen and Paul Mero met with the bill sponsor to explain Sutherland’s opposition.  Mero composed an email that was sent to all members of the House and the Institute delivered “lemons and lemonade” packages to representatives’ desks underscoring the point that there exist better alternatives to SB 251.  Rasmussen emailed a message to all representatives encouraging them to send the bill to interim study where two important issues could be examined: the serious problem of identity theft; and Sutherland’s recommendation that the state develop an in-state working privilege permit.  The bill was passed by the House on a vote of 46-24-5.
• Outcome: Mixed: the bill was passed, but by ten fewer votes than was SB 81 in 2008.
• Special note: Accompanied by Dan Witte via telephone-conference connection, on Thursday, March 18, 2010, Stan Rasmussen met with John Pearce, legal counsel to Governor Gary Herbert, and staff attorney Tom Moore.  Rasmussen and Witte presented Sutherland’s recommendation, with supporting arguments, that Governor Herbert veto SB 251.  On March 31, Robert Spendlove, Governor Herbert’s policy director, called Rasmussen to inform that the Governor had just signed the bill.  Mr. Spendlove elaborated by indicating that the Governor did so with a commitment from Senator Buttars, the bill’s chief sponsor, to amend the bill before it goes into effect on July 1, 2010, to the effect that participation in the E-Verify system is entirely optional for one year.  The change will be addressed at a special session of the Legislature Gov. Herbert will call in May or June. 

16. Joint Resolution on Legislative Ethics Commission  (HJR 15)
Amends the Utah Constitution to create an independent ethics commission to decide whether ethics complaints merit investigation by a legislative ethics committee
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: The Institute conducted a pre-session forum in which Utahns for Ethical Government initiative supporters made brief presentations and then responded to questions presented by Paul Mero, including their concept of an independent ethics commission.  Sutherland has encouraged legislative leadership to not create an independent legislative ethics commission, emphasizing two basic “pillars” – that ethical behavior must be tied to personal accountability as measured against a clearly-defined set of standards; and that standards of official conduct must be tied to the integrity of the institution (Legislature).
• Outcome: Mixed: the bill passed, establishing an “independent commission” – but one that serves as a clearing panel from which complaints meriting further consideration are sent to the respective House or Senate ethics committee.

BILLS SUTHERLAND SUPPORTIVELY WEIGHED-IN ON – 10 OF 14 PASSED

Identified and engaged by the Institute during the session, these are bills Sutherland weighed in on in committee, on the floor, or through individual contact with legislators, in an effort to encourage passage.

1. Joint Resolution on Energy Policy  (HJR 21)
Urges the Governor to withdraw Utah from Western Climate Initiative.
• Governing Principle: Free Markets [Center for Community and Economy]
• Sutherland Actions: Stan Rasmussen presented testimony in support as the bill was heard in the House Public Utilities and Technology Committee and in the Senate Natural Resources, Agriculture, and Environment Committee, where it was passed out favorably in both instances.
• Outcome: Positive – the bill was passed.

2. Joint Resolution on Equal Treatment by Government  (HJR 24)
Proposes to amend the Utah Constitution to enact a provision prohibiting discrimination and preferential treatment by government entities, on the basis of race, sex, color, ethnicity, or national origin with respect to public employment, public education, or public contracting.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Paul Mero discussed the proposed amendment with the bill sponsor and decided we would be supportive, but the bill was retained, circled, on the House 3rd Reading Calendar and never debated on the House floor.
• Outcome: Not passed.

3. Uniform Fiscal Procedures Act Amendments for Towns, Cities, and Counties Amendments (HB 94)
Requires transparency when local governments use restricted funds for general operations – i.e., amends the public notice and hearing requirements for the uniform fiscal procedures of towns, cities, and counties.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Derek Monson testified in support of the bill as it was heard by the House committee where it was unanimously passed out favorably.
• Outcome: Positive – the bill was passed.

4. Campaign Funds Expenditure Restrictions  (HB 124)
Modifies the Campaign and Financial Reporting Requirements by amending provisions related to personal use of campaign monies; prohibits a candidate or an officeholder from using campaign contributions for a personal-use expenditure.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Stan Rasmussen testified in the Senate committee wherein the bill was unanimously passed out favorably.
• Outcome: Positive – the bill was passed.

5. Informed Consent Amendments  (HB 200)
Requires that, if an ultrasound is performed on a woman before an abortion is performed, the ultrasound images will be simultaneously displayed in a manner to permit the woman to choose to view the images or not to view the images.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Stan Rasmussen signed a letter to the Executive Appropriations Committee chair requesting that HB 200 be prioritized for funding.
• Outcome: Positive – the bill was passed.

6. Lobbyist Disclosure and Regulation Act Amendments  (HB 267)
Requires the disclosure of an expenditure or aggregate daily expenditure greater than $10; prohibits a lobbyist, principal, or government officer from making an expenditure greater than $10, except for food, a beverage, travel, lodging, or attendance at a meeting or activity.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Stan Rasmussen testified in support of the bill in the Senate committee.  The bill was passed favorably on a unamimous vote of the committee.
• Outcome: Positive – the bill was passed.

7. Public School Innovations  (HB 268)
Creates the Innovation Schools Act which provides greater flexibility to public schools to meet the educational needs of students; to create an innovation plan and adopt the plan upon approval by the local school board and State Board of Education.
• Governing Principle: Limited Government [Center for Educational Progress]
• Sutherland Actions: Matt Piccolo notified the sponsor or Sutherland’s desire to support the bill.  Piccolo prepared to testify in support in the House committee, but the sponsor decided to send it to interim study.
• Outcome: Mixed; the bill was included on the Master Study Resolution list.

8. Expanded Uses of School District Property Tax Revenue  (HB 295)
Allows school districts to temporarily use capital funds for general ops)
• Governing Principle: Limited Government [Center for Educational Progress]
• Sutherland Actions: Derek Monson and Stan Rasmussen sent an email to all members of the House of Representatives prior to the debate and vote on floor of the House, where it was unanimously passed.  The Senate also passed it unanimously.
• Outcome: Positive – the bill was passed.

9. Fathers Do Matter Concurrent Resolution  (SCR 8)
This concurrent resolution of the Legislature and the Governor urges government agencies and nonprofit organizations to study and address the consequences of father-absent households.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Stan Rasmussen testified in support of the bill in the Senate committee where it was passed out favorably; it was subsequently passed by the full Senate.
• Outcome: Negative – the bill remained on the House calendar as the session ended.

10. Public School Extracurricular Activities for Home School and Private School Students (SB 66)
Addresses private school and home school students' eligibility to participate in extracurricular activities; with certain exceptions, such students may only participate in extracurricular activities at the public school within whose boundaries the student's custodial parent or legal guardian resides or a public school from which the student withdrew.
• Governing Principle: Family [Center for Educational Progress]
• Sutherland Actions: Matthew Piccolo, Derek Monson, and Stan Rasmussen sent an email to all members of the House of Representatives in support of the bill prior to the debate and vote by the full House, where the bill was amended and passed.  The bill eventually went to a conference committee that proposed a substitute version of the bill which was subsequently passed by both the House and Senate.
• Outcome: Positive – the bill was passed.

11. School District Leave Policies  (SB 77)
Prohibits a local school board from granting paid association leave for certain employee association or union duties, etc.
• Governing Principle: Personal Responsibility [Center for Educational Progress]
• Sutherland Actions: Derek Monson responded to questions from a representative about our position on the bill.  Matt Piccolo and Stan Rasmussen sent an email in support of the bill to all members of the House of Representatives prior to the debate and vote of the full House, where it was defeated.
• Outcome: Negative – the bill was defeated.

12. Eminent Domain Amendments  (SB 81)
Amends provisions relating to a settlement offer and litigation expenses in an eminent domain action; authorizes the court to, under certain circumstances, award litigation expenses.
• Governing Principle: Property Rights [Center for Limited Government]
• Sutherland Actions: Derek Monson testified in support of the bill in the Senate committee where it was unanimously passed out favorably.
• Outcome: Positive – the bill was passed.

13. Reading Requirements for Student Advancement  (SB 150)
Requires a school district or charter school to provide notice to a parent or guardian of a student in the first, second, or third grade if the student is reading below grade level; and of available reading interventions available through the school district or charter school.
• Governing Principle: Family [Center for Educational Progress]
• Sutherland Actions: Matt Piccolo testified in support of the bill in the Senate committee where it was unanimously passed out favorably.  Piccolo and Stan Rasmussen subsequently sent an email to all members of the Senate prior to the debate and floor vote wherein the bill was passed.
• Outcome: Positive – the bill was passed.

14. Charter School Amendments  (SB 188)
Modifies provisions regarding the operation and governance of charter schools; expands the membership of the State Board of Education by including a member of the State Charter School Board as a nonvoting member; removes a statutory enrollment cap on charter schools.
• Governing Principle: Family [Center for Educational Progress]
• Sutherland Actions: Matt Piccolo testified in support of the bill in the in the Senate committee where it was unanimously passed out favorably.  Piccolo, Derek Monson, and Stan Rasmussen sent an email to all members of the House of Representatives in support of the bill prior to the debate and vote by the full House, where it was unanimously passed.
• Outcome: Positive – the bill was passed.

BILLS SUTHERLAND SUPPORTIVELY WEIGHED-IN ON IN OPPOSITION – 2 OF 2 DEFEATED

1. Government Records Access and Management Act Revisions  (HB 266)
Modifies provisions of the Government Records Access and Management Act that relate to disclosure of gross compensation; requires a governmental entity to provide gross compensation information for all elected or appointed employees by name and for all other employees, by job title, rather than by name (thus diminishing transparency).
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Stan Rasmussen discussed Sutherland’s opposition with lobbyists supporting the bill and with the sponsor.  Derek Monson was prepared to testify in opposition to the bill as it was heard in the House committee, but it was decided to send the bill to interim study before the committee was to take public comment.
• Outcome: Positive – the bill was not passed, but was included on the Master Study Resolution list.

2. Health Amendments for Legal Immigrant Children  (SB 44)
Amends the Medical Assistance Act and the Utah Children's Health Insurance Act to provide Medicaid coverage and health insurance coverage to a legal immigrant child, regardless of the length of time that the child has been in the United States; exercises the option to remove the five-year residency requirement for a legal immigrant child to be eligible for coverage under Medicaid or the Utah Children's Health Insurance Program.
• Governing Principle: Personal Responsibility [Center for Community and Economy]
• Sutherland Actions: Stan Rasmussen testified in opposition to the first substitute version of the bill as it was initially heard in the Senate committee, where it was defeated on a tie vote of committee members present.  The basis of Rasmussen’s testimony was that, instead of further expanding government involvement in health care, the health care needs of those specified in this bill would more appropriately be provided in the form of authentic charity care, as specified in Authentic Charity Health Care Resolution – HJR 27, proposed by Sutherland Institute (see details above).  The bill was brought back to the committee where a second substitute version was considered and passed out favorably.  The second substitute version of the bill was defeated when it was debated and voted on by the full Senate.
• Outcome: Positive – the bill was defeated and included in the Master Study Resolution list.

BILLS SUTHERLAND SOUGHT TO AMEND – 2 OF 3 BILLS AMENDED

1. Release of Court Documents and Child Interviews  (HB 133)
Limits the release of court documents and child interviews.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Stan Rasmussen and Robert Alsop met with the bill sponsor and representatives of the Attorney General’s office, Sentencing Commission, DCFS, office of the Guardian Ad Litem, and the Office of Legislative Research and General Counsel, and others.  The discussion resulted in a revision of the bill that addressed our concerns.
• Outcome: Positive – the bill was amended before being passed.

2. Reductions to Education Mandates  (HB 166)
Exempts a local school board from the requirement to develop and administer certain activity disclosure statements for two years – i.e., temporarily exempts school districts from reporting to the state financial transparency website, transparent.utah.gov.
• Governing Principle: Limited Government [Center for Limited Government]
• Sutherland Actions: Paul Mero talked with the bill sponsor who agreed to amend the bill.  Sutherland representatives arranged to have the bill amended as it was debated on the Senate floor.
• Outcome: Positive – the bill was amended before being passed.

3. Child Protection Revisions  (HB 239) 
Amends provisions of the Utah Human Services Code and the Juvenile Court Act of 1996 relating to the performance monitoring system of the Division of Child and Family Services (DCFS), the interviewing of children in DCFS custody, and the provision of reunification services.
• Governing Principle: Family [Center for Family and Society]
• Sutherland Actions: Stan Rasmussen and Robert Alsop of the Sutherland Policy Committee met with the bill sponsor and agreed on an amendment to address our concerns.  However, the bill was not amended consistent the discussion.
• Outcome: Negative – the bill passed without being amended.

_______________________

The following is an overview of Sutherland’s efforts during the 2009 general legislative session.

Personal Responsibility

• Individual Development Account Amendments (HB 91) - PASSED
S.I. developed and actively supported.                                                      
Allows disabled individuals to save money for technologies that improve their mobility.

Family (Protecting Liberty and Preserving the Traditional Family)

• Wrongful Death Amendments (SB 32) - FAILED in Committee
S.I. actively opposed.
A component of the "Common Ground Initiative" package of bills, this bill expands the definition of "heirs" to include a wrongful death designee - unnecessarily because this can be accomplished through private contract. For this reason a marriage-like remedy is not needed. This bill would contribute to the creation of the foundation upon which marriage could be redefined in Utah. 

• Joint Resolution to Amend the Marriage Provision of the Utah Constitution (HJR 2) - Withdrawn by the sponsor
S.I. was prepared to vigorously oppose this bill.
A component of the "Common Ground Initiative" package of bills, this bill repeals language prohibiting any domestic union other than a marriage to be recognized or given the same or substantially equivalent legal effect as a marriage. By removing 21 of the 33 words comprising Utah's Marriage Amendment, this bill undermines traditional marriage and thereby diminishes personal and religious liberties of all citizens.

• Adult Joint Support Declaration (HB 160) - FAILED in Committee
S.I. actively opposed.
A component of the "Common Ground Initiative" package of bills, this bill allows two unmarried individuals to enter into a "Declaration of Joint Support." The bill needlessly creates confusion regarding current law governing inheritance and medical decision-making when an individual is incapacitated. It is also unnecessary because the legal forms and processes are already available whereby such designations can be made. This measure would introduce into Utah statute one of the incremental steps pointed to by the California Supreme Court as bases upon which that Court, in 2008, gave same-sex couples the right to marry. The Court did so by striking down California's earlier passage of the Proposition 22 ballot initiative which defined and limited marriage to the legal union of a man and a woman.

• Antidiscrimination Amendments (HB 267) - FAILED in Committee
S.I. actively opposed.
A component of the "Common Ground Initiative" package of bills, this bill prohibits public and private employers, as well as commercial home sellers and landlords, from considering "gender identity or sexual expression" and "sexual orientation" in their employment and housing decisions. Establishing of these terms in state statute would form the basis upon which a new, non-constitutional suspect (protected) class could be created. Such a creation would diminish the personal and religious liberties of all citizens.

• Adoption Amendments (HB 288) - FAILED in Committee
S.I. actively opposed.
This proposed legislation allows any unmarried, cohabiting couple to adopt a child in the custody of the Division of Child and Family Services, thus overturning current Utah law that prohibits an unmarried person cohabiting with a sexual partner, including a homosexual partner, from adopting a child.

Charity (Authentic Charity Care)

• Charitable Care Amendments (HB 399) - PASSED                                            
S.I. amended and then supported.
Among other elements, specifies that donations from charity care clinic patients do not qualify as compensation for health services.

Free Markets (Energy/Environment)

• Energy Policy Amendments (HB 412) -PASSED, but not enrolled due to technical clerical error.                                            S.I. actively supported.
Requires study of economic impacts of climate-change policies of the Executive branch.

• Resolution on Energy Policy (HR 3) - PASSED                                            
S.I. actively supported.
Asks the Governor to withdraw Utah from the Western Climate Initiative.
 
Limited Government

• Utah Transparency Board Amendments (SB 18) - PASSED   
S.I. actively supported.       
Requires cities, counties, school districts, special districts and transit districts to post all expenditures online.

• Joint Resolution on Fiscal Note Process (SJR 18) -        Senate passed; left on House 3rd Reading Calendar at end of session 
S.I. actively supported. 
Requires all new state spending to have attached performance measures and requires a sunset of the spending if goals are not met.

Illegal Immigration

• Delayed Effective Date for Illegal Immigration Legislation (SB 113) - FAILED in Senate Committee 
S.I. actively supported.
The bill would delay for one year the implementation of SB 81 (2008).

Criminal Law 

• Child and Vulnerable Adult Endangerment Provisions (HB 26) - PASSED          
S.I. actively supported.
Makes it a felony to expose a child or vulnerable adult to drugs.

• Amendments to Email Information Required of Registered Sex Offenders (HB 247) - PASSED
S.I. actively supported.
Modifies legislation passed in 2008 to conform to provisions of a recent federal judicial case decision.  

Education 

• Home School Amendments (SB 146) - PASSED
S.I. actively supported.
Creates a 30-day time limit for school districts to respond to requests for attendance waivers for home school students.

• Home School and Private School Students' Participation in Extracurricular Activities (SB 61) -
Left on Senate 3rd Reading Calendar at end of session
S.I. actively supported.
Allows private and home school students to participate in extracurricular activities at their local public school.

• Teacher Quality Amendments (HB 328) - PASSED
S.I. actively supported.
Creates a performance-pay pilot program for public school teachers.

• Educator Evaluation Amendments (HB 264) - PASSED
S.I. actively supported.
Requires school district to develop and conduct ongoing performance evaluations of career public school teachers.

• Equal Recognition of School Parent Groups (SB 199)- Senate passed; House FAILED
S.I. actively supported.
Requires school districts to allow and promote involvement by all parent groups in the school district.