2010 Legislation

The 2010 general session of the Utah State Legislature concluded on Thursday, March 11, 2010. 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: 34
• Number of bills decided consistent with Sutherland Institute's intent: 25 (74%)
  
  

2009 Legislation

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• Joint Resolution to Amend the Marriage Provision of the Utah Constitution(HJR 2) - Withdrawn by the sponsor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.

2008 Legislation

Bill	Legislation's Impact	Governing Principle	Status
1SHB 33: Waivers of Immunity - Exceptions	This bill would amend the Utah Human Services Code and the Governmental Immunity Act to provide exceptions to the immunity granted to government employees and certain persons, officials, and institutions, if the person intentionally, willfully, or knowingly engages in certain misconduct.	Family as the Fundamental Unit of Society, and Limited Government	Passed
SB 37: Home School and Extra Curricular Activities Amendments	This bill addresses home school and private school students' eligibility to participate in public school extracurricular activities.	Family as the Fundamental Unit of Society, and Free Markets	After being passed by the Senate, left on House Calendar on the last day of the session
2SSB 38: Transparency in Government Finance	This bill modifies the Utah Administrative Services Code by providing that certain public financial information be made available on the Internet.	Limited Government	Passed
HB 256: Criminal Penalties Amendments - Including Jessica's Law	This bill makes it a first degree felony in the attempt to commit murder, child kidnapping, and certain sexual offenses.  These offenses are punishable by fifteen years to life.  This bill also increases the minimum term of imprisonment for rape of a child, object rape of a child, or sodomy on a child, from 25 years to life.	Family as the Fundamental Unit of Society	Passed
SB 142: High School Graduation Requirements	Similar to bills passed by the Senate in the 2006 and 2007 legislative sessions, this bill would allow public school students and home school students to graduate high school early and receive a diploma if the student passes the basic skills competency test and receives certain scores on the ACT.	Personal Responsibility, and Family as the Fundamental Unit of Society	In Senate Rules Committee at end of session
SB 242: Law Enforcement Tracking of Domestic Violence Statistics	This bill requires law enforcement officers in large cities responding to a domestic violence report to gather information on the marital status of involved parties, the relationship of the alleged suspect and victim, and record whether or not an arrest was made.	Family as the Fundamental Unit of Society	Passed
SB 97: Immigration Task Force	This bill creates the Immigration Task Force, who will review and make recommendations on federal and state laws, programs, and policies that relate to illgal immigrants residing in Utah; on the state's role in enforcing federal immigration law; and on federal preemption of current or proposed state immigration laws.	Personal Responsibility; Family; Religion; Private Property; Free Markets; Charity; Limited Government	Passed by the Senate and left on the House Concurrence Calendar on the last day (Implemented by leadership as the Immigration Interim Committee)
HB 315: Child and Vulnerable Adult Endangerment Provisions	This bill amends Utah Criminal Code provisions relating to endangerment of a child or a vulnerable adult.  It protects the innocent from wrongful prosecution while also allowing for the prosecution of those who would risk harming vulnerable individuals.	Family as the Fundamental Unit of Society	After unanimously passing in the House, left on Senate Calendar the last day
HB 34: Email Information Required of Registered Sex Offenders	This bill requires that sex offenders required to register also provide online names and email addresses.	Family as the Fundamental Unit of Society	Passed
1 SB 36: Charter & Online Schools - Participation in Extracurricular Activities	This bill addresses the eligibility of charter and online students to participate in extracurricular activities at public schools.	Family as the Fundamental Unit of Society, and Free Markets	Passed

2007 Legislation

Bill	Legislation's Impact	Governing Principle	Status
SB 248: Parent and Child Amendments (In Loco Parentis)	This bill (formerly HB 148 in 2006) was passed by the State Legislature during the 2006 legislative session, was one of two bills vetoed by Governor Huntsman.  In vetoing the bill, the Governor remarked, "I remain hopeful and optimistic that the legitimate concerns expressed by this bill's proponents can be addressed through legislation introduced in a future legislative session.  I will gladly sign such legislation if it protects parental rights without giving rise to the unintended consequences articulated in this [veto] letter."	Family as the Fundamental Unit of Society	Substitute bill passed favorably out of Senate Committee (2/12/07) and was subsequently withdrawn when the Utah Supreme Court issued in the decision in the Jones v. Barlow
HB 343: Foster Placement and Adoption Amendments	This bill establishes a priority for placing a child with a man and a woman who are married to each other when the child is placed in an adoption or a foster placement.	Family as the Fundamental Unit of Society	Passed.
SB 56: Education Employee Association Amendments	This bill prohibits school districts and charter schools from establishing or maintaining procedures that favor one teacher association over another; or explicitly or implicitly endorsing a teacher association.	Free Markets and Limited Government	Passed
SB 57: High School Graduation Amendments	This bill, passed by the Senate and left on the House calendar at the conclusion of the 2006 legislative session, would allow public school students and home school students to graduate high school early and receive a diploma if the student passes two significant achievement tests.	Personal Responsibility and Family as the Fundamental Unit of Society	Passed in the Senate (2/20/07).  Defeated in the House (2/26/07).
SB 81: Home School and Extracurricular Activities Amendments	This bill, passed by the Senate and left on the House calendar at the end of the 2006 legislative session, addresses home school and private school students' eligibility to participate in public school extracurricular activities.	Family as the Fundamental Unit of Society and Free Markets	Passed in the Senate (2/19/07).  Amended by and passed in the House (2/28/07).  Senate refused to concur with House amendments (2/28/07).
HB 376: Penalties for Sex Offense Against a Child	This bill is informally named in the memory of Jessica Lunsford, who was abducted and sexually assaulted before being butally murdered.  Jessica's Law refers to legislation passed in Florida and other states which stiffens the penalties for child molesters.	Family as the Fundamental Unit of Society	This bill merged with HB 86: Penalties for Sexual Offenses and Child Kidnapping.  HB 86 passed.
HB 86: Penalties for Sexual Offenses and Child Kidnapping	This bill amends provisions of the Uah Criminal Code relating to penalties for sexual offenses and child kidnapping. It provides that a person who commits certain sexual offenses after previously being convicted of a grievous sexual offense shall be sentenced to life imprisonment without parole. It provides that a person who commits certain sexual offenses after previously being convicted of a grievous sexual offense shall be sentenced to life imprisonment without parole.	Family as the Fundamental Unit of Society	Passed
HB 228: Penalty for Homicide of a Child	This bill amends the Utah Criminal Code to provide that murder of a child younger than 14 years of age is a capital felony.	Family as the Fundamental Unit of Society	Passed
HB 395: Waivers of Immunity - Exceptions	This bill would amend the Utah Human Services Code and the Governmental Immunity Act to provide exceptions to the immunity granted to government employees and certain persons, officials, and institutions, if the person intentionally, willfully, or knowingly engages in certain misconduct.	Limited Government	Passed in the House (2/21/07).  Defeated in the Senate (2/28/07).

2006 Legislation

Bill	Legislation's Impact	Governing Principle	Status
HB 85: Abortion by a Minor/Parental Notification and Consent	The bill requires parental consent and notification for abortions performed upon subject to certain exceptions.	Family as the Fundamental Unit of Society	Passed
HB 148: Parent and Child Amendments	This bill has two purposes: 1) statutorily define the proper bounds of the in loco parentis doctrine, and 2) protect the traditional prerogative of the Utah Legislature to set forth the requirements for adoption, visitation, child support, and legal recognition of parental status.	Family as the Fundamental Unit of Society	Passed in the House and Senate; vetoed by the Governor.
HB 322: Costs of Divorce	This bill requires review and adjustment of court fees to ensure that the state is not subsidizing divorce.	Family as the Fundamental Unit of Society	Passed
HB 109: Sales and Use Tax on Food	This bill repeals the sales tax on "food and food ingredients" effective January 1, 2007.	Limited Government	Passed

2005 Legislation

Bill	Legislation's Impact	Governing Principle	Status
HJR 19: Joint Resolution Urging Health Care for Utah's Indigent and Needy Uninsured	This Resolution is aimed at providing a voluntary system of authentic charity care, replacing all government health insurance, for all Utahns living without health care.	Charity as the Wellspring of a Caring Community	Passed
HB 260: Amendments Related to Pornographic and Harmful Materials	This act elevates the penalty for pandering obscenity from a misdemeanor to a felony.	Family as the Fundamental Unit of Society	Passed
HB 338: Child and Family Welfare Revisions	This bill provides a balance in our child welfare laws to effectively protect children and parental rights.	Family as the Fundamental Unit of Society	Passed
SB 59: Home School Amendments	This bill allows parents to home school and private school their children without state interference.	Family as the Fundamental Unit of Society	Passed
SB 82: Individual Income Tax - Earned Income Tax Credit	This act provides a refundable state earned income tax credit for working families struggling to stay out of poverty.	Family as the Fundamental Unit of Society	Held in Senate Committee for Inclusion in the Tax Reform Task Force.
HJR 2: Joint Rules Resolution Family Impace Statement on Legislation	This act requires all legislation and regulations to consider their impact on the family.	Family as the Fundamental Unit of Society	Held in House Rules Committee