Mr. Peterson's Perspectives

Bill Surprises 2012

2012-02-24T10:08:00.000-08:00

This week I had a couple surprises and some learning experiences.

The first surprise came from an effort of one of my colleagues to pull my bill from the express lane and slow down its hearing. This, despite a great effort was made by myself and, more importantly, the committee members who hear the bill. I won't detail the drama of the situation here, but I was able to use a rare parliamentary procedure to expedite the hearing and overcome the challenges to the bill.

(Click Here To Watch The Video)

In other drama, a bill was heard today regarding the Good Landlord Program as it has been implemented in various cities across the state. The problem is that several cities have abused landlords through licensing fees and gouged them in regards to the program. A bill was proposed today that would essentially gut the good landlord program. Unfortunately, that would bode poorly for Ogden's neighborhoods and take Ogden backwards. I put the bill on hold in committee so we can have an opportunity to find a workable solution over the weekend.

(Click Here to Listen to the Bill Presentation and My Remarks)

Utah Education: Low Marks and Sacred Tradition

2012-02-23T19:52:00.001-08:00

I have recently been reading Malcolm Gladwell's book Outliers. If you haven't read the book yet, I highly recommend it. There are some fascinating lessons on life and success in the book.

One of the chapters deals with the American school system and some of the dynamics that are at play in helping students perform well. He describes circumstances that have laid the groundwork for education in Western culture versus the education of students in countries like Japan and China. Attention is drawn to the remarkable difference in test scores between American students and their Asian counterparts.

One of his conclusions is that the rice cultivation culture that has dominated Asian nations for centuries has created a fertile environment to students to perform well in school. But why?

To answer this, lets look at some data. Karl Alexander from John Hopkins University conducted a study of students in the Baltimore Maryland area from high, low, and middle income backgrounds. Using standardized tests, they tracked the students for 5 years with them taking tests at the beginning and end of each school year. Here is a table of the results:

Lets discuss his findings one section at a time.

This chart is derived from the table at the top. The blue line is children from high income households. The red line is low income. Notice that the test scores are not terribly different in the 1st grade. However, as time goes on, the difference grows greater and greater. What is causing this difference? Are poor children unable to learn as much a their affluent counterparts? Queue the next chart please:

To find out if the kids were learning or not during the school year, Mr. Alexander tested the children at the beginning of the school year and at the end. Do you see a broad divergence between the three groups here? I don't. In fact, in the 4th and 5th grade, affluent children were tracking just below their middle income and poor counterparts. If that is the case, how could affluent children be out performing their peers as we saw in the first chart? Our third chart holds the answer:

Because Mr. Alexander tested the children at the beginning and end of the school year, he was able to compare their scores before summer break and after summer break. Take a look at the above findings. With negative scores, the poor kids actually lost information over the long summer break after 1st and 2nd grades. Both the middle and low income kids both show low gains the rest of the time. However, the affluent kids show tremendous increases over this same period.

The study revealed a compelling and unsurprising reason for the difference. The answer? Affluent parents can afford to keep their children busy with learning opportunities during the summer months. The leisurely summer days spent by the low and middle income kids just aren't filled with the same learning opportunities. Their parents often plop them in front of the TV or mind numbing distractions. Meanwhile, the affluent kids are getting training in music, language, and other extra-curricular activities during the summer.

Regardless of income, the kids demonstrate equal intelligence. The difference is the opportunity for learning. Kids that come from well off homes in America tend to have more opportunity, via parental intervention, than those that don't. This brings us back to the difference between American students and those from Japan and China.

The average American school year is 180 days. South Korea has a school year of 220 days and Japan tops out at 242 days. With so much opportunity for learning, is it any wonder that these countries excel at educating their children?

This education ethos from the Orient stems from work ethos forged by centuries of cultivating rice patties. Unlike America's ancestors from the European feudal order of agriculture, where peasants spent only a third of their time in useful work during the planting and harvesting seasons, Oriental peasants harvested and planted year round and were self-employed in doing so. The incentive structures and work ethics for these historical cultures couldn't be more different from one another. Strikingly, as is detailed on Outliers, this cultural heritage telegraphs to societies today...for better or worse.

The trick to competing and improving in America is to recognize the inherent weaknesses in our system and adapt to them. Many schools have extended school days or more teaching days per year to increase the opportunities for learning and student improvement. Perhaps it is time for us in Utah to review some of our time honored traditions, such as summer break, and seek other ways to provide excellence in education.

GET INVOLVED: Understanding Utah's Caucus System

2012-02-23T14:15:00.000-08:00

I found this graphic online courtesy of the Sutherland Institute and I thought I would share. Get involved this year and be sure to participate in your neighborhood caucus meeting in March.

Look for a list of Caucus times and locations soon...

Alcohol Issues Update: Privatization and DABC Rebuild

2012-02-22T14:08:00.002-08:00

Many of you in District 9 have expressed concern about the alcohol issue and what the Legislature is doing on the subject. For your benefit, here is video of two Legislators who are authorities on the matter:

Honoring the Brave and the Fallen

2012-02-22T13:47:00.000-08:00

Today we had the opportunity to honor the officers involved in January's Ogden shooting tragedy and their kin.

(CLICK HERE TO WATCH VIDEO)

House Concurrent Resolution 4:

Concurrent Resolution Honoring

Weber County Law Enforcement Officers

Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:

                       WHEREAS, on January 4, 2012, Agent Jared Daniel Francom of the Ogden Police Department, serving on the Weber-Morgan Narcotics Strike Force, was fatally wounded serving a search warrant on a residence in Ogden, Utah;
                      WHEREAS, Officer Michael Rounkles, Agent Kasey Burrell, and Agent Shawn Grogan of the Ogden Police Department were also wounded in the shooting;
                       WHEREAS, Agent Nate Hutchinson, a sergeant in the Weber County Sheriff's Office was also wounded in the shooting;
                       WHEREAS, Agent Jason Vanderwarf of the Roy Police Department was also injured in the shooting;
                       WHEREAS, the officers on the Weber-Morgan Narcotics Task Force acted quickly and bravely to subdue the suspect, preventing further injury and loss of life;
                       WHEREAS, Officer Michael Rounkles, responding to the scene in the course of his patrol duties, displayed incredible courage above and beyond the call of duty in his efforts to rescue and defend the agents of the Task Force who had come under fire;
                       WHEREAS, Agent Jared Daniel Francom served with the Ogden Police Department for eight years;
                       WHEREAS, Agent Jared Daniel Francom served his community with honor and distinction;
                       WHEREAS, Utah has come together to mourn and honor Agent Jared Daniel Francom, with an estimated 4,000 people attending his funeral on January 11, 2012 in Ogden, Utah; and
                       WHEREAS, the injury or loss of any police officer is a reminder of the risks taken by all the men and women of law enforcement on behalf of their communities:
                       NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the Governor concurring therein, recognizes and honors the sacrifice of Agent Jared Daniel Francom.
                       BE IT FURTHER RESOLVED that the Legislature and the Governor extend their deepest condolences to the family and friends of Agent Jared Daniel Francom.
                       BE IT FURTHER RESOLVED that the Legislature and the Governor express their wishes that Ogden Police Officers Michael Rounkles, Kasey Burrell, and Shawn Grogan will have a full and speedy recovery.
                       BE IT FURTHER RESOLVED that the Legislature and the Governor express their wishes that Agent Nate Hutchinson, sergeant in the Weber County Sheriff's Office, and Roy Police Officer Agent Jason Vanderwarf will have a full and speedy recovery.
                       BE IT FURTHER RESOLVED that the Legislature and the Governor recognize the remarkable courage and honor displayed by the men and women in law enforcement and the risks they take to keep their communities safe.
                       BE IT FURTHER RESOLVED that a copy of this resolution be sent to the family of Agent Daniel Francom; to Ogden Police Officers Michael Rounkles, Kasey Burrell, and Shawn Grogan; to Agent Nate Hutchinson, sergeant in the Weber County Sheriff's Office; to Roy Police Officer Agent Jason Vanderwarf; to the Ogden City Police Department; to the Weber County Sheriff's Office; to the Roy Police Department; and to the members of Utah's congressional delegation.

Tid Bits of Widsom: Lessons From The House Floor

2012-02-17T11:03:00.000-08:00

It has been an interesting week and I learned a lot about what to do and what not to do at the Capitol:

Criticism

Public praise and private censure are the best policy. I have watched some Legislators publicly criticize the body or their colleagues. There is no faster way to lose favor (and support for your ideas) than to make this a regular practice. Admonishment is best handled privately. This advice applies to Legislators as well as most other leadership position including bosses, parents, managers ect. In contrast, public praise is always an excellent way to build moral, garner support, and move forward in a positive manner.

Anger Management

I learned long ago that email can be a real detriment to relationships when written in anger. This week several lobbyists burned their bridge when sending untruthful information about legislators whom voted against their wishes. Also, I watched a colleague react poorly to a conversation that did not end the way he wanted. He overreacted and those actions later negatively affected bills he wanted to pass. Proper restraint is necessary to maintain the relationships which are the key to our own success.

Social Calendar

This year's Session has been much more enjoyable in many ways. One thing I have chosen to do differently this year is to minimize my attendance at after-hours social gatherings. Instead, I have headed home to spend time with wife and kids. That has been good for both me and the family.

Photo of the Day: Feisty Electorate

2012-02-15T13:41:00.000-08:00

I sent out a voter questionnaire recently. It appears that many voters are agitated at the state of our current affairs and looking for some relief. While reading through the responses I came across this lively response:

It's not everyday that you see demand for a return to public executions. Hopefully, I will be able to find some common ground with this voter. I do know though I likely won't be sponsoring a Public Gallows Act anytime soon.

Economic Development Committee Budget Priorities

2012-02-14T08:51:00.000-08:00

The Economic Development Appropriations Subcommittee that I sit on concluded its work today and prioritized funds of about $23M to be distributed to various projects and programs. We had about 50 proposals. We prioritized over half of those and chose to not recommend funding the rest.

Here is the list of our priorities placed in order of importance in each category of One-Time funds and On-Going funds:

Committee Adopted Appropriation Priorities

Fortunately, St. Anne's shelter was placed on the list. Look for another $500,000 to go toward future construction which should start sometime in the next 18 months or so.

One of the great ironies of our committee is that we are charged with overseeing business driven programs that provide a direct return on investment...and homelessness. It is an interesting dichotomy.Anyhow, our work is done and the Executive Appropriations committee will take our recommendations and begin the hard work of finalizing the budget for the State.

Utah's Sex Education: Abstinence, Advocacy, and Abomination

2012-02-13T04:56:00.000-08:00

The House Education Standing Committee heard a recent bill proposed by one of my colleagues that would change Utah's sex education curriculum by presenting an abstinence only message without the discussion of contraceptives.

This bill provides the opportunity for an interesting discussion about the role schools play in the sexual awareness and attitudes of our rising generation. Certainly, schools play an important part in the dissemination of this information which is central to the perpetuation of our society. Without reproduction, our civilization would collapse in 40 years. Thus, this issue is of paramount importance for the future existence and prosperity of Utah and our nation.

So, with that in mind, why are children taught about sex in our schools? Who ultimately bears responsibility for this kind of education? One thing is certain, children only know what they are told. Yet, there are many competing voices for children to listen to on this subject. Parents provide the best and most influential instruction, schools provide another voice in providing information, and the media provides a third very sensationalized and misinformed voice.

Indeed, today with many parents unable or unwilling to engage their children on the topic, children are often left to the schools and the media to learn about sexual behavior. Unfortunately, the media provides a powerful and transfixing medium to learn from. Just like freshly cut potatoes that are dipped in hot grease and changed into french fries, our children today are immersed in a media awash in the corrosive and transformative influences of pornography. This extra-curricular menace provides nothing of meaningful value to children but instead lays the insidious foundation of serious anti-social behavior, inhibits the formation of long lasting relationships, and deteriorates the bonds of trust in future existing relationships. This is the great foe that schools and parents have to face in our day.

The concern that seems to be raised at the Legislature regards balancing the roles of parents and the schools in providing good information. Many parents are missing-in-action when it comes to educating their children on the powerful consequences that come from engaging in sexual activity. So, is there a policy position that can be taken regarding sex education at schools that will act as the surest and best safe guard of information for our children?

I believe there is and that answer is advocating abstinence while teaching awareness of contraception. Advocacy of any behavior other than abstinence simply opens the door to heart ache, public health problems, and societal ills.

Abstinence is a concept that environmental conservationists should understand very well. The concept of preserving and maintaining pristine virgin wilderness without despoiling it is something of great value. If a landscape is worthy of such a noble effort, then certainly the the virtue of our children commands even greater treatment. The teaching of Abstinence is an Innocence Conservancy Initiative.

The negative consequences of early sexual activity are broad and poignant. Single mothers are thrust into poverty; unwanted children grow up on welfare roles; the fragmentation of the nuclear family places ever heavier burdens on schools, police, and corrections facilities.

The individual liberty we each enjoy becomes a burden to all when it is abused to licentiousness. The consequences are heaped on all our shoulders in the form of larger government, greater taxes, and pervading human sorrow.

Therefore, it is my hope that greater emphasis is placed on abstinence in our schools. While children need to know of contraception, the details of how they are used should be left to the parents and guardians of the children. The existential basis of our society is the power to reproduce ourselves. May we treat this power with the reverence it deserves.

Breaking the Poverty Cycle: SB37

2012-02-08T14:52:00.000-08:00

Today I presented SB37 which was sponsored by Senator Reid. The goal of this bill is to tackle the issue of intergenerational poverty and study the effect that state government has in perpetuating the problem.

CLICK HERE TO WATCH VIDEO OF THE PRESENTATION

The bill now goes to the Governor for his signature. I look forward the the report which will be issued to us in September. Hopefully, it will provide amble substance for us to craft better policy next session.

Tax Relief: The Passage of SB129

2012-02-06T21:05:00.000-08:00

A while ago I reported on HB30 and the effort by the Legislature to roll back Unemployment Insurance payments made by businesses.

Shortly after the bill was written, Senator Bramble contacted me in an effort to amend the bill and make some minor improvements related to the way the state negotiates settlements with businesses to are defunct but owe money to the state at the time of their demise. We agreed that the best way to do that would be to write an entirely new bill and run it through the Senate initially. HB30 became SB129.

Today, I presented SB129 to the House floor for a vote.

CLICK HERE TO WATCH THE PRESENTATION

The bill now moves on to the Governor's office for a signature and implementation. If you are a business owner, look forward to lower taxes this year.

The Case For HB133: The 6-Month Car Registration Option

2012-02-03T09:37:00.000-08:00

Last year I had a constituent contact me about car registration practices. His concern was that vehicle registrations were tied to date of expiration, not the date of the new registration. For example, if he registered his car in July of 2010 it would expire in July 2011. However, if he waited and registered again in September, his new registration would expire in July 2012 not September.

His recommendation was to allow for real 12 month registrations regardless of the expiration date. This issue afforded me the opportunity to learn a lot about why the state does things the way it does today.

One of the eye opening things I discovered was that registration fees are not just a "fee" like the one you pay when you go to a State Park or get a marriage license. The fee we pay when registering a vehicle is actually a fee we pay in lieu of property tax on our vehicles. This explains why the dates of expiration aren't changed despite lag time in renewal. The fee is a means to collect property-type tax on vehicles. Many years ago, the state used to assess property taxes on each vehicle. However, this process was cumbersome and awkward to collect as most owners in the state delayed payment into the last days of December. The workload for the State was difficult to manage logistically under this past scenario.

Then, the State adopted the current method of age-based assessments for cars and light trucks. This current fee structure is called a fee-in-lieu.

Despite this new information, it still seemed that the State could offer some flexibility to meet the needs of the public when dealing with registration of their cars. So, I put my head together with the Tax Commission and began to look at some different registration options.

What we came up with was a 6-month registration option for owners in HB133. The registration fee would be discounted to about 60% of the yearly amount.

Why would owners want a 6-month registration? Here are come compelling reasons:

1. Cars to Be Sold - When a car is sold, the state does not refund the registration fee for the difference between when they sell the car and when their registration expires. Hence, owners that may know they are going to sell their car may choose a shorter registration. It makes economic sense to do so.

2. Seasonal Vehicles - Some folks own multiple vehicles which are seasonal in nature. Motorcycles, Rugged Utility Vehicles, Sports Cars, and other vehicles may prefer to use a shorter term registration since they receive less use during Winter months.

3. Social Economic Considerations - Many folks who are in poverty or living month-to-month are often disadvantaged when needing to pay the full year registration. This 6-month option provides a means for them to pay a less amount. Although the repeated use of the shorter term registration will cost more to them in the long run, it does allow for short term relief if needed.

In all, this bill should provide more options to the public while keeping tax revenue nearly neutral at the state and county level.

Syn Taxes, Bills, and Bananas - 2012 Session Update

2012-02-02T10:01:00.000-08:00

The 2012 Legislative Session continues to move forward.

Mr. Peterson's Bills

HB22 and HB23 passed the House Floor and Senate Committees. They will be heard on the Senate Floor and then move to the Governor's office for a signature.

SB129 and SB37 are on their way from the Senate to the House and I will be making presenations on the House Floor shortly.

My 6-Month Car Registration Bill (HB133) will be submitted to the House Rules Committee very soon.

Two more bills are still at Legislative Research waiting for numbering and will hopefully be ready very soon. One deals with an Unemployment Insurance exception for Head Start programs, and the other deals with creating a cross reference in the code to provide for better application of zoning enforcement.

Floortime

I had the opportunity to sponsor the yearly Revisor's Bill (SB104) in the House this year. You can watch my presentation on the floor HERE.

Box Elder Gone Bananas

Finally, Box Elder County GOP held its yearly Lincoln Day Dinner. A rogue candidate for U.S. Congress running against Rob Bishop had the opportunity speak to the audience. You can watch his interesting presentation, made in a wacky tie-die skirt, below:

I think this is a case of someone taking too much of something, or not enough of something else. Whew!

Salvation: Engineers and City Solve Seismic Woes

2012-01-30T08:06:00.000-08:00

The squeaky wheel gets the grease.

When I began working with the Baptist Church at 25th and Jefferson to find a solution to their seismic woes, the way forward was not entirely clear. Our proposed HB58 was adamantly opposed by the Structural Engineers Association of Utah and area building inspectors. The Legislature was interested in this issue but was sharply divided on which policy decision was best.

Fortunately, despite our disagreements on HB58, we all could agree that we still needed to find a solution that worked for the Baptist Church.

The circumstances of the Baptist Church don't fit neatly into the box created by statute to deal with seismic upgrades. Thus, my involvement to try to change the state statute. Although my proposal was a principled approach, it was described as "trying to nail a wall tack with a sledge hammer." Regardless, my ultimate goal was to provide some relief to my constituents. This is why I am excited to see the SEAU and Ogden City step up to the challenge and craft a unique answer to this perplexing problem.

After reviewing the matter, the SEAU has agreed to provide pro bono services to the Church to allow for a seismic survey and determine what needs to be done to help upgrade the property. This service is a significant savings to the church who would otherwise have been forced to fork out thousands of dollars for the review. The best part is that Ogden City has agreed to issue a permit to have the roof completed without siesmic upgrades happening first. In exchange, the Church will agree to put an "incremental" plan in place where they will agree to make upgrades as funding becomes available.

This solution gets to the rub of my argument at committe: seismic upgrades are an economic issue. If re-roofing forces people to make upgrades, it can bankrupt them due to the cost. Rather than go bankrupt, people will neglect making repairs to the roof and risk damage to their building. Essentially, the current law is an unfunded personal mandate. However, providing for an incremental plan addresses the affordability problem. It allows for upgrades to be made as funds become available to do so. This is a win-win for all involved.

I would like to thank Steve Patrick at Ogden City, Chris Kimball with Kimball Engineering, and Barry Welliver with the SEAU for forging a way forward that is both palatable and common-sensed. The Baptist Church and the community at large appreciate their efforts.

Moving Forward: Lessons From The First Week of Session 2012

2012-01-27T23:04:00.000-08:00

Growing Pains

This week has been quite the learning experience. Like anyone learning to ride a bike, the first step is to learn to stay up and moving. Once you get comfortable and aren't tipping over all the time, you can start to do more adventurous things.

This week's adventurous activity was being the only Freshman to have bills to present on the first day of presentations. These bills were heard during interim session several months ago and were approved UNANIMOUSLY by our committee at that time. A couple weeks ago I got a call from a colleague who asked if he could take HB30 and run it through the Senate with some minor alterations. I agreed since I thought it would be a good opportunity to work with a seasoned Senator and learn from his experience. That left me with HB22 and HB23 to present on the House Floor. These bills were seemingly simple and very straight forward...or so I thought.

The State has a new video archive system. You can watch my initial presentation HERE. (Be sure to click on the HB22 link in the scroll box below the player.) Unfortunately, I had some problems. First, my laptop battery died with my notes on it just as I got up to present. Second, I had no written notes. Third, I had not spent enough time reviewing the material and I had difficulty with mental translation. The summary I received from the Department of Workforce Services (DWS), who requested the legislation, was longer than the bill itself and written in a cryptic dialect of Bureaucratese. Here is the summary:

If you watch the video you can see the bill fail as the voting board runs red with "No" Votes. The title of the bill wasn't helpful either. Many of my colleagues expressed their distaste with the bill title. It might as well have read: Federal Mandate Database Act. Clearly, the Federalist spirit is alive and well in our legislative body.

To make the day even more interesting, I had to present HB23 immediately after that. You can use the same link to find that presentation. Fortunately, it went moderately better and the bill passed.

When HB22 failed, a colleague told me that he would bring the bill back for reconsideration if I could get some more information on the implications of the bill. I met with DWS at 9:30am the following morning to inquire as to its benefits and advantages. To my surprise there were many more than were initially provided.

You can watch video of my second presentation at 10:00 AM HERE. (Be sure to click on HB22 again). The bill passed. It is not very often that a failed bill gets a second opportunity at life. I am grateful the body gave me the opportunity to make the case. This whole experience was a valuable lesson in both preparation and proper presentation.

Honorable Mentions

After that drama was over, I got word that the Unemployment Insurance bill my colleague in the Senate was running would be mentioned by Governor Herbert in his State of the State address. Sure enough, my name was mentioned as a sponsor. You can see that clip below:

That was a nice gesture and I am sure it will help the prospects for SB 129. I already have many of my colleagues wanting to co-sponsor the bill.

Thumb Screws 101

Another interesting experience I had this week was watching some of my colleagues take an interest in an issue I took up in HB58. When HB58 failed in committee on Monday, I thought the issue was dead and I would move on. Not so. One of my colleagues was in negotiations with the parties who opposed my bill while dealing with a bill of his own. However, unlike my bill, my colleague was working as their advocate in his bill. Nevertheless, as their advocate, my colleague expressed his extreme displeasure with their treatment of my bill and began negotiating the introduction of its provisions into the bill he was writing. The dynamics of the negotiation were captivating to watch. I am unsure if they have concluded so I will have more information on the results of the wrestling match next week.

H.B. 58 SPIKED: Status Quo Steeple Statute

2012-01-24T05:30:00.000-08:00

Those of you who have followed the blog are aware of my efforts to change state law regarding the construction code to allow for more free market mechanisms to operate when it comes to seismic upgrades. My effort on this issue stems from constituent complaints originated back in October. This statute change was embodied in my proposed H.B. 58.

The first day of session was hectic as I tried to prepare a substitute bill. I had negotiated a compromise with members of the Structural Engineers Association of Utah. Unfortunately, I worked up the draft only to learn at the last minute that those I had negotiated with reneged on their proposed compromise. Members of my committee were also uncomfortable with some of the compromise provisions. Since we appeared to be making no one happy, we scrapped the compromise and pushed for the original wording of the bill. I invited the caretaker of the church to testify in committee today. In opposition, the Structural Engineers Association of Utah showed up in force. The conversation was contentious at times and it finally came to a vote.

Our proposal failed: 5-7. A couple of my colleagues surprised me with their vote. Interestingly, after interviewing the folks who I felt were on the fence, it became apparent that our cause would fail even if we amended the bill and tried to bring it back for reconsideration.

I am now trying to put together some Ogden area stakeholders to see if there are some other means available to help the Baptist Congregation fix their roof and seismically upgrade their property. Hopefully we can find a coalition of folks here locally who would be willing and able to help preserve this beautiful landmark and worship center.

The Thomas Paine Common Sense Caucus

2012-01-23T05:00:00.000-08:00

A group of of my colleagues on the Hill have made headway to form a new caucus on the Hill. We are calling it the Thomas Paine Common Sense Caucus. It's origins stem from the desire to have ample information on bills and also provide insight on their impact to the State on several different levels.

Today, when a bill is created, a fiscal note is attached to the bill and it shows the impact that the bill will have on state government revenue and expenses, local government revenue and expenses, and personal and business revenue and expenses. One of the main thrusts of the caucus is to expand that scope to understand more than just the monetary impact. The exact formula is still being honed but the caucus wants to have research done that produces "Impact Notes" showing the effect on family status, small businesses, and other socio-economic perspectives. The caucus has hired an auxiliary intern to assist with research.

I have joined the caucus as have many of my colleagues. Look for more news on this front as the caucus matures and starts producing interesting data on various bills.

Here's to Common Sense!

Equality Utah: Boiling the Frog In the Pot

2012-01-19T15:07:00.000-08:00

Yesterday afternoon I was at Capitol Hill meeting with stakeholders regarding one of my bills. While I was there, I bumped into a few of my colleagues to discuss some of the upcoming issues.

One of my Republican colleagues revealed he would be co-sponsoring a bill with a Senate Democrat. That doesn't seem so outrageous to me, I did that last year. But, the subject matter of his bill I thought was unusual. It appears that this year the same-sex attraction community is pushing for an anti-discriminatory bill to protect those in the LGBT community from eviction or firing from employment based on sexual orientation. The bill has not been released yet for review but it should be soon. Supposedly, it will mirror several statutes that already exist in several municipalities. I don't doubt that.

Personally, I feel that this bill will codify what is already the everyday practice of the marketplace and society. I don't oppose the bill's provisions because I don't think it is going to change anything about how people go about their business.

But, this raises another question. Why even run this bill? Is it a solution looking for a problem to solve? On the surface it appears to be. But when one takes a step back and examines the dynamics of LGBT issues and politics, it materializes that this bill is just one arrow in the quiver of same-sex attraction political strategy.

When I came home, I was greeted on my dining table by this packet that arrived in the mail from Equality Utah:

Equality Utah: Dan Jones Survey Results 1-19-12

The questionnaire lays the groundwork for the debate with an obvious bias by the survey sponsor, Equality Utah, in favor of the anti-discriminatory bill and other issues. The survey shows overwhelming support for an anti-discriminatory law. I think this reflects my perception. Everyone thinks it's the law already because that is how people already behave.

Also, to put further support behind this bill and others that are sure to follow, the survey asks if Utah is perceived as being fair and respectful of gay and transgendered folks. What is interesting about this is that it does not ask if Utah is fair and respectful but asks if other people think it is perceived as such. So the question is like me asking: What do you think your sister thinks about you? Not: What do you think of yourself. Interesting way to ask the question. Anyway, the majority say we don't think others perceive us well. Is this just more of the usual Utah-peculiar-people-self-conciousness? I bet that this score would be high regardless of the subject matter. You could ask: Do you think outsiders think Utahn's are strange? Of course we think they do. Perhaps we should keep that in mind while interpreting these survey results.

I will let you review the rest of the survey. But one thing is certain, expect to see more legislation to push forward the agenda of the gay and lesbian community. Clearly, encouraged by these survey results, the LGBT community feels that now is the time to strike to push their own agenda forward. For instance, today's Salt Lake Tribune reports about an openly gay Democratic colleague of mine who is pushing for insurance benefits for cohabitating adults of any sexual orientation. I am not especially excited about this particular measure.

Of course, the ultimate prize is to somehow conquer public opinion and legalize same-sex marriages at the Federal level. Like any experienced Cajun chef knows, you don't throw a frog in a boiling pot. Frogs are best cooked slowly and warmed to boiling degree by degree. For the LGBT community, that is done one state and one statute at a time.

Strange Bedfellows: Immigration's Unlikely Alliances

2012-01-16T06:30:00.000-08:00

Have you ever wondered why the immigration issue makes for such a wild debate? I wondered this myself. Part of me wondered how Tea Party activists could join ranks with the Sierra Club while Libertarians joined with Immigrant Lobby groups to advocate very disparate points of view.

What has been made most clear to me during this last year debating and studying the immigration issue, is that this issue, more so than any other, makes for the strangest political bedfellows one could imagine. To help illustrate my point, I created this chart (click to enlarge):

The left to right axis is the political ideological spectrum ranging from big-government-flaming-liberal on the left to small-government-tea-totaler on the right. The verticle axis represents views on immigration. At the top we have the restrictionist perspective which might reflect a view of limited immigration policy and/or a heavy enforcement preference in policy. The bottom of the spectrum would be dominated by a laissez faire policy view with more open borders.

This chart is by no means scientific but I tried to place the parties and institutions where I felt they belonged on the grid. Despite it's imperfections, I think it illustrates the point. The liberal-conservative axis almost becomes meaningless when applied to the immigration issue. Recent immigrants oppose new immigrants coming and competing for their jobs; liberal humanitarian groups and conservative religious organizations support allowing people the freedom to free themselves from tyranny in their homelands by coming to America; the Tea Party supports the stern rule of law while the Republican Party tries to balance the interests of business and the economy. It would seem that politics doesn't get any more interesting and rancorous than this.

However, it doesn't necessarily have to be that way in our discourse. I am always a big advocate for civil debate on the issues. Even emotionally charged issues deserve level headed discussion to help create reasonable solutions to policy questions. This civility is best practiced in our own personal lives. So, the next time you engage someone in a debate on this or any heated issue, think about their perspective and try to understand their argument before you engage in advocating for your position. You will be surprised at how much more respect that person will have for you and your point of view...even if you disagree in the end.

Weber County Issues 2012

2012-01-10T08:53:00.000-08:00

Our legislative delegation had an opportunity to meet with Weber County this morning to discuss pertinent issues. There were a few interesting issues that came up:

1. Weber County vs. Division of Wildlife Resources - The Weber River flooded last year and caused a lot of property damage and loss of crops. Part of the problem relates to the bird refuge at Ogden Bay which collects water from the Weber River before releasing it into the Great Salt Lake. Because the bay backs water up the river during heavy runoff, it was necessary to breach the dikes surrounding Ogden Bay to allow water to be released fast enough to avoid further damage. Weber County has been working with DWR to find a permanent solution but an agreeable solution related to funding has not been achieved. The County has requested that the State Legislature look at finding a long term solution to the problem since Weber County is the end of the road for Summit and Morgan County water. It seems that this issue transcends just the jurisdiction of the local County level.

2. Juvenile Detention Center Closures - Funding has been waning and the State is considering closing the Roy Juvenile detention center. The Weber Sheriff's Office indicated that this would be a public safety nightmare. The next nearest detention center is located in Farmington. Due to the transportation problem, only the most serious juvenile offenders would be transported to Farmington and the rest would be released back into the public. It is vitally important for the state to fund this center and maintain the Roy facility.

3. Quarter Cent Funds - There is discussion for allowing Counties of the 2nd class (i.e. Weber County) to use existing quarter-cent tax funds for development of Urban Collector roads to facilitate following the plans as represented in the WFRC 2040 Plan.

Look for these issues and others to receive attention on the Hill in the coming weeks.

Scarlet Letters: Reforming Exile to the Sex Offender Registry

2012-01-02T06:00:00.000-08:00

Utah's Sex Offender Registry has been seen as a tool to help encourage public safety. Individuals who have been convicted of sex offenses are placed on the registry along with their current address, photograph, and conviction record.

Placement on the registry typically means a life of hardship. Felons are difficult to employ and the stigma associated with being on the registry carries heavy social consequences. Those on the registry often face isolation and are ostracized from the community.

Due to the severity of the consequences, a review has taken place of the offenses that qualify a person to be placed on the registry. The questions have been asked:

1. Does the registry adequately serve the purpose of public safety when those that are on the registry do not pose a risk to the public?

2. Is it equitable to maintain registered status for those who do not pose a public safety risk?

3. By what means and method would the public safety risk be assessed for a registered individual?

To understand these questions, it is important to know which offenses qualify someone to be placed on the registry. Rather than enumerate the offenses, many of which are unspeakable, let us suffice to say that the list is long and disturbing.

Obviously, many of these crimes are so unfathomable they warrant registration...even for a lifetime. However, not all of these offenses are of equal gravity. Three offenses are of the least severity on the list (click for a legal definition):

Unlawful Sexual Activity With A Minor

Unlawful Sexual Conduct With A 16 Or 17 Year Old

Class A Misdemeanor Violation of Voyeurism

Two of them are what we would consider "statutory rape" crimes and the third would be a "peeping Tom" offense. However, when placed on the registry, these offenders are treated the same as violent rapists and pedophiles.

Do these offenders pose an equal threat to public safety and therefore warrant the same treatment as their violent and deviant counterparts? If a 23 year old dates and has a consensual sexual relationship with a 17 year old, when convicted, he or she will be placed on the registry until they are 33. There is an ironic real life case of a man in Cache Valley who was 19 and had relations with his 15 year old girlfriend. He was convicted, fined, and the two married upon his release. He is on the registry to this day and has restrictions placed on where he can live and what places he can go with his four children.

Was this the intent of the sex offender registry? Is this individual being treated equitably under our current law? A reasonable observer could conclude that this individual does not pose a threat to the public. So what can be done?

HB 13 has been proposed by my colleague in Cache Valley to help navigate this sensitive subject. Rather than create a blanket solution, the law allows for elected judges to decide with the help of input from victims. Here are the key provision of the bill:

1. It allows for a person who has been convicted of the following crimes to petition the court for removal from the Sex Offender and Kidnap Offender Registry after five years:

                         .    unlawful sexual conduct with a 16 or 17 year old;
                         .    unlawful sexual activity with a minor; or
                         .    a misdemeanor violation of voyeurism

2. Requires that the person have successfully completed any court-ordered treatment and not have any subsequent convictions.

3. Requires that a copy of the petition be delivered to the prosecutor and victim, or if the victim is still a minor, the victim's parents.

4. Gives the court discretion to order the person removed if it determines that the person is no longer a risk to society.

As someone who knows many victims and offenders of the more egregious crimes, I believe that this legislation will still preserve justice in our execution of the law and continue to provide for public safety. Yet, I believe it will also provide civic redemption for those who are deemed worthy of it by our courts. I understand that many of those affected by more egregious crimes will have strong feelings about this legislation. I sympathize and ask that the legislation be reviewed on its merits. As the father of four young daughters, I support this bill.

The Plat of Zion: New Urbanism On The Sprawling Wasatch Front

2011-12-26T14:08:00.000-08:00

I attended a meeting recently with the Wasatch Front Regional Council to discuss transportation, mass transit, and future development along the Wasatch Front. The topic of high density development came up. We acknowledged that most of Davis and Salt Lake Counties had reached a point where future housing development would be constricted by available land. However, I was curious about Weber County and how many years of developable land remained. I wanted to know how many more years we had before economic conditions would bring an end to suburban sprawl and force higher density development and in-fill within existing communities in Weber County.

Interestingly, when I posed this question several individuals in the room expressed their opinion that we had already reached that point. I wasn't presented with any data, but the point was to suggest that we need to start looking at ways to develop more sustainable and integrated communities...today. We need to look at rethinking our community design with the automobile as the keystone of a fulfilling and comfortable lifestyle.

I read a brilliant essay this week that takes a look back at Utah's urban planning history and explains how we got to where we are today and makes suggestions on where we go from here. The lessons from this essay are highly enlightening and I believe embody the qualities we need to adhere to as we plan for the future of our urban centers.

Here is a copy of the essay as it was sent to me:

Building Zion
One of the lessons gleaned from this essay regards the importance of personal association. It was important in the early days for people to cluster together for several reasons including cultural experiences and education opportunity. The automobile and the internet have made such close proximity unnecessary today.

However, from an LDS theological perspective, such proximity is still necessary so that the Priesthood can be exercised and administered. It is not possible to administer the sacraments via Skype or set apart someone to a church office via Twitter. Theologically speaking, there must be a physical interaction of humanity in order to bless humanity. Hence, the high density Plat of Zion design.

Regardless of religious affiliation, there are many other temporal benefits to such a design that bless the masses: Community cohesion and a wise use of limited resources being dominant ones.

It is my hope that the public becomes more knowledgeable about this subject and that communities across the Wasatch Front can begin to articulate how these ideas can benefit their towns. As we make plans for the future, may we be careful stewards and make judicious choices.

Top Heavy: Utah's Dependence on Federal Funds

2011-12-21T09:10:00.000-08:00

During our December Caucus meeting, I was sitting next to Ken Ivory who was reviewing a report he received from the State regarding last year's bill that required state agencies to make contingency plans for both a 5% and 25% reduction in Federal funding.

Of course, to do this, you first have to know how much of your budget comes from Federal sources. Ken was kind enough to forward me a copy of the report. Here is a list of state agencies and their corresponding dependence on Federal funds:

Pretty surprising results in some cases. Here are some highlights:

1. 84.4% - National Guard
2. 45% - Department of Community and Culture
3. 87.2% - Department of Workforce Services
4. 73% - Department of Heath

There are plenty more in there. The bottom line is that in the event of the Federal fund spigot being turned off or reduced, these agencies would be hugely impacted. What would a more self-reliant state funded bureaucracy look like? The whole report is 250 pages so I am still digging through it. More to come.

December Caucus 2011

2011-12-20T21:17:00.000-08:00

We met as a Republican Caucus today to review some up and coming issues regarding state business. Here are some highlights:

The Budget

The Governor made his budget proposal recently. Interestingly, his budget contains about $30 Million more than our consensus budget figures show. This is an interesting discrepancy. It appears that the Governor believes that there are accounts somewhere that can be tapped to cover this difference. If so, the House and Senate are not privy to the whereabouts of these funds and will be allocating funds accordingly.

The State is now at 90% of our constitutional borrowing limit due to a 7% decline in property tax assessments statewide this year. The state is also running at a $52 Million ongoing budget deficit that needs to be corrected. Also, student population growth increased 12,000 that needs to be funded. Even though it is widely reported in the press that we have a $120 Million surplus this year, this "surplus" will likely be consumed entirely in funding student growth, correcting our ongoing budget deficit, and paying down our debt.

Interestingly, a comparison was also given to us today showing how much we have eroded away at our Rainy Day Funds. In 2007 our Rainy Day Funds and reserves totaled $1.56 Billion. Today we have just $348 Million. Rainy Day Fund renewal should be a budget priority as well if possible.

Health Care

We heard a presentation on the Affordable Care Act (i.e. Obamacare). I didn't like what I heard. You won't either. Here is what you have to look forward to:

Those aged 25-34 will have their premiums increase 40% by January 2014.
Those who choose not to purchase a policy will be fined 1% of their yearly income.
If an employee chooses a wrong policy, their employer will be fined.
Transgender assignment surgery will be covered in all policies.
As your premiums increase, the Feds will subsidize your premiums (with money they taxed from you.)
...and more unsettling regulations.

We also discussed that Utah has 600 individuals on high risk state funded insurance called HIP. This small group of people have consumed $40 Million in just two years ($33,360 per individual per year). The Federal government granted Utah the $40 Million to help this group a couple years ago with the idea that the funds would last through 2014. Today, the money is gone and rather than discontinue the program, the Federal Government has cut Utah a check for another $40 Million in order to prevent embarrassment and discrediting of the program.

Public Education

The Legislature discussed the concepts of merit pay for school teachers and some of the dynamics at play. Although no details were discussed, it appears that the body is leaning toward this type of compensation plan for teachers. Of course, the devil is in the details. Keep your eyes peeled on this issue in the weeks to come...

Note: Federal funds equal just $280 Million of our $3.4 Billion public school budget. Is it worth the strings that are attached? Let's figure out a way to jettison Federal dollars and exercise freedom to teach under our own recognizance.

Land Issues

In a big push back at Federal overreach, Ken Ivory is proposing a bill that will force the Federal Government to sell public lands to private owners. The National Parks would be deeded to the U.S Government but the remaining land would be sold off with 5% of the proceeds going to school funds. The remainder would be revenue for the U. S. Government (and hopefully would pay down the debt.)

It's a bold idea. I support it.

Look for more updates to come....

Rollback: Reducing the Burden of Unemployment Insurance

2011-12-15T10:05:00.000-08:00

I am sponsoring three unemployment insurance related bills this year. Two of them are technical in nature and bring Utah's code in line with Federal law regarding reporting procedures and accounting practices. I won't bore you with the details.

The other bill is more substantive and should be a blessing to taxpayers this year. First though, let me give you some background on Utah's Unemployment Insurance (UI).

UI is derived from a formula that is written in the state code. The final number that determines the Overall Contribution rate paid out by any employer is determined by several factors that combine together and produce a figure. Here are a few components of that:

1. Employer Contribution Rate - This part of the equation equals all the UI benefits paid out on behalf of the employer over a four year period divided by all the taxable wages of the employer for that same period. If you are a new business and have no employment history, then the rate you pay will be the average of rates paid by businesses in your industry until you get enough history behind you.

2. Social Contribution Rate - This rate is derived by calculating all the UI benefits paid out statewide over a four year period and divide it by all the taxable wages in the state over that same period.

3. Reserve Factor - This is a multiplier that is used like a gas pedal or brake pedal to keep the UI fund solvent. The fund is designed to hold 18 to 24 months of benefits at any given time. Ideally, the reserve factor is set at 1.0. If there is too much money in the account the reserve factor reduces to 0.5. If there isn't enough in the fund, the rate can change to 1.5 or 2.0 depending on the circumstances.

Here is the formula found in statute to determine what you pay in UI:

Employer Contribution Rate x Reserve Factor + Social Contribution Rate =

Overall Contribution Rate

The bill that I am sponsoring dose a couple things:

A. It places a cap on the Employer Contribution Rate so that it cannot exceed 7% for 2012. Currently that cap is at 9%.

B. It caps the Social Contribution Rate at 0.4% for 2012. Currently, that is scheduled to be 0.5% if this bill does not pass.

So what is the benefit? Well, Utah's maximum rate is the second highest in the Union. Maintaining the current course places our business recruiting efforts at a considerable competitive disadvantage. Encouragingly, it is also estimated that these changes will put an additional $26.4 million in the pocket of Utah taxpayers this year.

UPDATE 12/20/2011 - Here are the links to the bills:

HB22 - Centralized New Hire Registry Act Amendments
HB23 - Special Administrative Expense Account Amendments

HB30 - Unemployment Insurance Amendments

If you have any questions or concerns, please contact me.

Utah's Promising Money Infusion: From Russia With Love

2011-12-07T13:03:00.001-08:00

I recently had the opportunity to talk with Alexander Aginsky of the Aginsky Consulting Group. He runs an asset management and investment firm specializing in bringing capital from world markets to investment opportunities in the United States.

His business, as you can likely guess from the name, has a particular niche in placing Russian money in opportunities is the U.S.

In our conversation, I discussed Utah's interest in human capital and our desire to bring well-educated and skilled people to our state. I also discussed our desire to have people invest financially in our community.

What Mr. Aginsky had to share was fascinating in my opinion. Due to the current brain drain going on in Russia, talented individuals are seeking opportunities abroad. More interestingly, wealthy Russians are seeking a way to transfer their assets to the safe haven of the U.S. while also obtaining green cards to live here.

As it turns out, our government has a program where wealthy individuals can "buy" their immigration into the U.S. by committing a certain level of funding to invest in American businesses. With the creation of 10 jobs through the investment, the foreign investor is granted permission to obtain a green card. This is certainly exciting news for several reasons.

First, given Utah's innovative economy, it may be ripe for such capital investment. Secondly, the money comes with extremely affordable terms. The point of the investments are to preserve and protect capital rather than to push it to astronomical returns. Such a motive provides cheap money for local businesses to grow. Third, this process opens the doors for desirable immigration as those of means and education come to the U.S. to establish themselves. This process in essence increases the wealth and prosperity of the community that receives both the financing and the people making the investment.

So what kind of opportunities benefit from this proposal? The Aginsky Group does underwrite all the potential investments for viability. However, he did say that real estate developments, medium sized existing businesses, and commercial real estate are excellent places for their client's funds. Funding infusions can be as low a $1 million and as high as $200 million. Required returns can be as low as 0.5% (not a typo).

If you are looking to finance the growth of your company, expand a product line, finance a real estate development, or invest in commercial real estate, the Aginsky Consulting Group may be a good place to start.

Peterson Family Thanksgiving Blues Jam

2011-11-23T22:04:00.001-08:00

It has been years since we have had Thanksgiving dinner with my family. As it turns out, my brother and his wife flew into town this week by surprise for the holiday. Here is a glimpse into what happens when the Peterson boys get together:

I am thankful for my family.

U-Turn: Ogden School District's Bold Plan For Improvement

2011-11-16T08:43:00.000-08:00

I was invited by the new Superintendent of the Ogden School District, Brad Smith, to walk classrooms with him this past week. In the invitation, it stated his goal was to personally visit every every classroom in the district within the next several months.

I accepted the invitation and we met to walk through Dee School. To be honest, I was unexcited about the visit because my children attended Dee a couple years ago and I was very familiar with its challenges. Dee School, as of 2010, was the lowest ranked school in Utah. The population is economically challenged and also diverse. The complexion of the school is approximately 20% Caucasian, 75% Hispanic, and 5% Miscellaneous. English as a second language has been a big challenge for the school.

When our children attended, we loved our children's teachers. However, it seemed that much of the school was in a defensive posture. Students struggled for survival and academic achievement in a system that was awkwardly equipped to meet their needs. Our children's experience at Dee ended when they ultimately tested into Ogden School District's Advanced Learning Academy before transferring to Ogden Preparatory Academy, a Public Charter School.

I met Superintendent Smith at the school and the first thing that impressed me was the new Principal. Mrs. Sondra Jolovich-Motes was transferred from Ogden High School to oversee the transformation of Dee School. I was impressed with her focus, drive, and knowledge. As we walked the school, which has a very awkward cylindrical floor plan, it became apparent very quickly that it was not the same school that our children had attended. First, the class sizes were reduced to 19 per teacher. Secondly, the ESL students were getting almost 30 minutes a session with the Imagine Learning program which is highly reputed for its ability to accelerate English skills in ESL students.

Most importantly, however, was the dramatic change that has been made in the way that teachers address student's skill sets. The school is partnering with the University of Virginia on a system for accelerating student achievement. The concept involves testing the students for specific skills and identifying weak spots. Each student then has an action plan created based on the skills they need. The teachers identify what is needed for the class as a whole based off the individual assessments and teach based on that. Lesson plans are changed weekly as student's progress is measured and reported.

The objective of the School District is to use this smart approach to propel Dee from last place to the top of the rankings for schools with similar socio-economic traits. The goals are big but the School District has taken bold action to achieve them. We will find out in May how the program has helped students and the school at large. Let's wish Ogden School District well and congratulate them on adapting to meet the needs of the students. I look forward to May's report.

Moving Cheese: Creating Competition In Utah's Education System

2011-11-15T07:08:00.001-08:00

In 1998, Spencer Johnson published the book "Who Moved My Cheese?" The book is a motivational message about adapting to survive in life that is constantly changing. The gist of the title refers to the mice that are found in a laboratory maze looking for their cheese. If the cheese is kept in one place in the same maze, the mice will quickly be able to find it each time they are placed in the maze. However, if the cheese is moved, the known path to the cheese changes and must be learned anew.

The crux of the book was that as people, when our "cheese" is moved, we have the choice of how to react. We can cheerfully adapt and find new ways to the cheese. Or, we can pout, sulk, and carry on with a doom and gloom attitude. Sometimes, we find ourselves somewhere between the two.

I refer to this book because of an experience I had recently with some of my colleagues discussing education. We recently had an opportunity to meet with the stakeholders and parents involved is several Weber County Public Charter Schools. During this discussion we were able to address some of the issues challenging Public Charter Schools. However, the most poignant comments were regarding the purpose of Public Charter Schools existence.

In essence, my colleagues who were present at the meeting view Public Charter Schools as a competitive force in the marketplace of education. Historically, according to my colleagues, efforts to reform the traditional public education system have been too difficult to achieve in a significant way. Much of this has to do with a giant existing bureaucracy that consumes half of our state budget. So, rather that try to change the traditional public school system from within, the Legislature has chosen to support a path that creates forces outside of the traditional system to spur competition between the two. Thus, the Legislature has "moved the cheese" of the entire public education system. (Note: This is not the same as the press' regular accusations of the Legislature "cutting the cheese". Different issue.)

A most recent example of how this competitive force works is through a recently passed bill that supports online education. SB65 allowed tax credits to be paid to vendors providing online classes. Although the legislation will be refined this year, it has had a curious effect already. Some, traditional school districts are looking to provide their own online classes in order to capture those tax credits. This is the exact intent of the legislation.

The Public Charter School system provides additional opportunities for learning and does so in specific niches. The Traditional Public School system provides a valuable service to the community as well. Let's hope that innovation and improvement continue in both spheres as we work to take Utah's students beyond proficiency and toward excellency.

On-Line Education: Putting Taxpayers Underwater?

2011-11-01T13:23:00.000-07:00

I had an opportunity to visit with the administration of the Weber School District and discuss some of the issues facing public schools from a Weber County perspective.

One of the topics of discussion was the implementation of SB65 which was proposed last year to allow Utah students to enroll with on-line education providers. One of the consequences of the bill was that it provided a taxpayer subsidized credit to any online provider which now appears to be in the amount of $731 per credit.

Unfortunately, it also appears that the legislation provided few mechanisms for providing adequate accountability from those providers receiving taxpayer dollars.

The school district cited two areas of improvement to SB 65 that it felt would better achieve the goals of the legislation while also providing some checks to misuse:

1. Reduce the Dollar Amount Allotted Per Credit

The statutory Weighted Pupil Unit (WPU) is a formula used to determine how many taxpayer dollars are allocated per student to a public school. In 2011, this number was $2,816. Under SB 65, as it currently stands, on-line providers will be given $1,462 for providing classes for just two credits. That is nearly half of the WPU allotted to a public school over the year. In 2016 when students are allowed to take up to six credits, the total amount will be $4,386...nearly twice WPU. It appears that this type of program, if on-line classes are to become more prominent in the education of Utah students, will begin to weigh heavily on the public coffers, jeopardize its viability, and make the program unsustainable.

A solution to this dilemma would be to reduce the subsidy to the on-line provider to an amount in line with other privately available courses. For example, BYU's Independent study courses cost betwen $48 and $126 per credit.

2. Allocate Funds to Districts to Also Develop On-Line Courses

Given the taxpayer investment that already exists in local school districts, it may be appropriate to allow local districts to develop their own on-line course material which can dovetail with the new higher standards of the Common Core Curriculum and provide students with an alternative means of study but with material that can be adapted to be compatible with current curriculum. Also, having district level on-line credits would also allow for better accountability in testing. By following testing protocols found in many universities, dishonesty in academic achievement (i.e. when mom or dad do the student's on-line work) can be removed from the learning experience.

In essence, it appears that SB 65 has produced a few unintended consequences. This is not surprising as almost all new legislation does this. Hence, it may be wise for the legislature to look at amending the statute to address some of these concerns. I look forward to the debate and seeing what we can do to make the on-line learning experience more productive and more cost-effective.

Video of the Day:Talking Redistricting

2011-10-08T16:08:00.000-07:00

Scott Schwebke caught me at the Ogden River Restoration ribbon cutting and asked a few questions about redistricting:

More fun coming up October 17th!

Benevolent Baptists vs. Bloated Bureaucracy

2011-10-08T14:31:00.000-07:00

I was recently made aware of a conflict in my neighborhood involving our local Baptist Church and recent legislation to update building codes.

At the center of the conflict is the following code 15A-3-113 which reads:

A new section IBC, Section 3401.6, is added as follows: "3401.6 Parapet bracing, wall anchors, and other appendages. Buildings constructed before 1975 shall have parapet bracing, wall anchors, and appendages such as cornices, spires, towers, tanks, signs, statuary, etc. evaluated by a licensed engineer when said building is undergoing reroofing, or alteration of or repair to said feature. Such parapet bracing, wall anchors, and appendages shall be evaluated in accordance with 75% of the seismic forces as specified in Section 1613. When allowed by the local building official, alternate methods of equivalent strength as referenced in an approved code under Utah Code, Subsection 15A-1-204(6)(a), will be considered when accompanied by engineer-sealed drawings, details, and calculations. When found to be deficient because of design or deteriorated condition, the engineer's recommendations to anchor, brace, reinforce, or remove the deficient feature shall be implemented.

In this particular case, the Baptist congregation had begun to replace the shingles on their building in three phases a couple of years ago. Each phase of the re-roof they pulled a permit with the city. The third phase was to begin just a couple weeks ago. However, when the contractor went to pull the permit, he was informed by the desk clerk that the above state statute was in effect and that in order to complete their roof repair they would need to have an engineer design a plan for seismic upgrades to include having bracing installed to tie together the roof trusses and the unreinforced masonry walls. As you can probably guess, that is a very tall order for a small congregation of elderly worshipers.

Obviously, something seems to have gone awry. In discussing this particular section of code with a colleague familiar with the subject, he believes that the definition of a re-roof is to tear into the structural aspects of the roof rather than simply replacing the water barrier (like shingles and tar paper). However, it appears that city zoning inspectors differ in that interpretation.

I will be organizing a meeting between city zoning and the parishioner to see if we can introduce some common sense into the permitting process for this job. If not, the next order of business will be to open a bill file and change the statute to compel municipal zoning enforcement to operate in a more reasonable fashion.

Let's see what happens.

Fighting Intergenerational Poverty

2011-10-06T17:29:00.000-07:00

One of the issues that was discussed at interim session in September was the issue of intergenerational poverty. Senator Stuart Reid placed the issue on the agenda of our Economic Development committee to find out what tools were at the State's disposal to help curb this cultural problem.

The hearing was slightly discouraging as we discovered that the state lacked the proper records to make substantive conclusions on the issue. That means we will need to change the law to better account for who is receiving assistance from the State and when.

The poverty issue is a dead weight around the neck of the taxpayers of Utah. A large portion of our state taxes are used to service those who find themselves in poverty. If we can find a way to open doors of opportunity for children out of the poverty lifestyle, the state could return millions of dollars to its taxpayers.

Finding these opportunities will prove challenging. Education has been mentioned as a key in breaking the poverty cycle. Interestingly, due to mostly environmental forces, it appears that many in poverty remain in those circumstances due to a lack of education. Yet, cultural forces within the poor community often place low value on educational opportunities or academic achievement. It can be a viciously self-impeding feedback loop.

The CATO Institute recently published this brief video on poverty:

Hopefully the Legislature can address this issue this year and find some policy solutions that will benefit both the poor and the taxpayer alike.

Redistricting Session: Stalemate

2011-10-05T07:53:00.000-07:00

The last two days we have spent at the Capitol in an effort to agree on new maps that will represent district shapes for the next 10 years. Yesterday we passed the House District map with near unanimous support. The Senate District map was less unanimous but received little push back during debate on the floor.

The Congressional map on the other hand is turning into a contest of will between not only Republicans and Democrats but also between the House and the Senate.

The morning was punctuated by a Redistricting Committee meeting that was held to publicly air two new maps that were drawn. One map, what we will call the Ipson Map, was attractive to those in the House. The McAdams Map, which was also presented, appeared to be favored by Democrats. In a bizarre turn of events, all Senate committee members and Democrats voted for the McAdams Map, while just the Republican House members voted against it. The map failed to pass out of committee. When the Ipson Map came up for a vote, Republican House members voted for it, and Democrats and all Senators voted against it. It failed as well. It was a complete surprise to the Republican House committee members that the Republican Senate members would oppose the Ipson Map.

The meeting was also spiced up with a very vitriolic and confrontational presentation by the Utah Democratic Lawyers Council. You can listen to this outlandish tirade HERE. (The fun starts about halfway through the meeting.) He didn't win any converts but he did succeed in antagonizing everyone.

It appears that the Senate strategy was to support their Senate colleague in a back-handed way by supporting the McAdams map while knowing that the House member of the committee would vote it down. Vise versa for the Ipson Map.

This strategy left the only viable option for debate being the so-called Sumsion Map which is not as palatable to the House but is liked by the Senate.

They rest of the day was spent waiting for stakeholders to figure out which tweaks and adjustments were acceptable to make both the House and Senate happy.

Late in the evening we met to wrangle with how to handle this situation, our caucus dismissed at 10:15pm.

The Verdict: We will draw new maps, hold new public hearings, and vet maps until we find one that the House and Senate can agree on. We will reconvene October 18th.

Introducing Utah House District 9 Version 2.0

2011-10-03T21:08:00.000-07:00

The votes were cast and with only one dissenting vote by a Democratic legislator, the new Utah House Map was passed into law this evening.

This is the map of the new District 9. It will encompass a significant portion of Downtown Ogden but also now spreads west where a lot of the population growth occurred in Weber County. It will include the communities of West Haven and a portion of Roy.

I look forward to meeting the voters of these neighborhoods and establishing new relationships with the residents of these communities.

Welcome to District 9!

U.S. Congressional Map: Mr. Peterson's Option 1

2011-09-22T20:25:00.000-07:00

I have attempted to draw my own congressional map. Unfortunately, the www.redistrictutah.com site would not accept my map. Therefore, I have chosen to publish it here instead. I think this is a map we all can agree on:

Hopefully I can present this to the redistricting committee to spur some serious discussion.

Thoughts on 9/11

2011-09-10T20:07:00.000-07:00

It always seems that decennial anniversaries harbor special meaning. In many ways, it is the year that we determine whether the event we remember is going to have lasting meaning into the future; or, whether it is going to fade into insignificance in our memories and be replaced by some new event or anniversary.

I got a call the morning of September 11, 2001 from my mother. I happened to be at home instead of school that morning. She told me that two planes had struck the World Trade Center and I turned on our TV to watch the events of that day unfold.

My father is an airline pilot and I accumulated tens of thousands of frequent flier miles growing up as the child of an airline pilot. The cabin of an airliner is a fixed part of my life experience. I could only imagine the horror that the passengers must have experienced as their planes were hijacked, and then the gut-wrenching realization at the last moment that they were not going back to the airport as they had been misled to believe by their captors.

I listened to the audio tapes released this last week that show how the events unfolded from an air traffic control perspective. You can hear the chilling voices of the terrorists as they key the mic and instruct the passengers to remain seated. A struggle and screams in a cockpit are also heard.
Although unsettling, I found that this sobering record sharpened my focus and caused me to ponder.

It is important that we remember 9/11 for what it was. As a nation, we are only as strong as our people. May we take a moment of introspection this year. May we resolve to carry on the American tradition of life, liberty, and pursuit of happiness. May we make ourselves a better people and better nation as we improve our own individual spiritual foundations. As we do so, perhaps the circumstances and forces that combined to bring about this past tragedy will be turned to our favor and require less of our life and treasure to prevent a future tragedy than is the case today.

Ogden Utah Businesses Innovate and Succeed

2011-08-24T08:09:00.000-07:00

I had the pleasure of meeting with a group of leaders in education, government, and business this week to discuss economic development in Ogden, Utah. The meeting was hosted by Weber State University and USTAR. We learned some fascinating things about how state funds are opening the door for new technologies and innovations.

We were presented with several success stories related to innovations in technology. The first example we were presented with was the story of the PreventisMedical company and its saline solution product which is branded as Respia. At McKay Dee hospital in Ogden, one of the doctors there noticed that infections were occurring when infants with respiratory problems were placed in the NICU and fitted with traditional respiration devices. What he discovered was that the saline solution that hospitals use to clean the equipment was caustic to the infant's airways and created an environment for infection. With the help of the pharmacist in the hospital basement, a new solution was created and tested on infants in the NICU. The result was a dramatic decrease in infections and post hospital stay complications.

Obviously, this new product has broad applications across the medical industry. However, the doctor nor the hospital had experience in taking product innovations to the marketplace. That is when McKay Dee Hospital created a partnership with Weber State University. By utilizing a minimal USTAR grant, they were able to create a business plan to then receive venture capital funds from the private funding market.

The Respia product was created in April 2010 and the company will be turning its first profit in the next few months. The product has just recently gained access to the largest distributors of medical equipment in the United States and will be available nationwide shortly.

The great news is the owners expect the business to create 30 to 50 jobs.

Another success story was related to the company Enve which is located at the Ogden airport. This company recently relocated its operations from the UK to Ogden, Utah. They are builders of carbon composite biking materials. Their operations have increased to the point that they are seeking more space in the Ogden area to accommodate their growth.

Finally, we discussed a new venture being sponsored by Weber State University and USTAR to bring more entrepreneurial talent to Ogden in the software and computer programing field. The proposal (branded as Apps Inc.) involves using small seed grants (that may be repaid upon profitability) to induce small up-and-coming software companies to relocate to the Ogden area. Upon arrival, the businesses will be teamed with the business development arm of Weber State University to further develop and monetize their product in preparation for it being taken to market. WSU Vice Provost (and successful entrepreneur) Alex Lawrence will be heading the effort. This program will draw new jobs in the innovative software development industry.

It's exciting to see these local businesses growing and innovating despite a challenged economic environment. This is the kind of ingenuity and entrepreneurialism that warrants our support. Certainly, these businesses' success is a testament to the Utah worth ethos.

Mr. Peterson's Portraits: Little People Art

2011-08-07T19:58:00.000-07:00

Yesterday my 4-year old daughter was drawing some interesting characters. After looking at her work, I told her "You need to draw a picture of your dad." Well, it appears that my other daughters heard me say that. When I returned from visiting another congregation today, my wife informed me that our daughters had each rendered their depictions of me during sacrament meeting.

Portrait # 1

Spider Legs Dad by Esther Peterson (Age 3)

Notice the grumpy mouth. Esther explained that I was mad at her in this picture. She must have been remembering me during her bedtime when she routinely gets out her toys and runs around after we turn the lights out. Yes, dad does get grumpy when that happens.

Portrait # 2

T-Shirt Dad by Sophie Peterson (age 4)

Sophie was the one I originally asked to draw a picture of me. I was a bit confused because it looks like I am wearing a dress or a moo moo. Sophie explained "Dad is wearing a T-shirt." It appears that she confused me with her because when I give Sophie my T-shirts to wear for pajamas, this is what they look like on her...not me. The letter "A" was a mystery also. When we asked what it stood for she said "It stands for AAAAAH!"

Portrait # 3

?????? by Wynnie Peterson (age 7)

No questions were asked and no explanation was offered by our daughter Wynnie. I am glad my teeth seem to be in good shape...all of them.

Portrait #4

Podium Pounding Papa by Hannah Peterson (age 9)

Obviously the most life like and proportional. Hannah said "Here you go dad!", handed this to me and ran off.

I will take a crack at drawing pictures of them and posting them in the future. We'll see who gets the last laugh.

The Affluent, The Extravegant, The Absurd: Mr. Veblen's Classic Critique

2011-08-06T21:01:00.000-07:00

I recently finished reading Thorstein Veblen's Theory of the Leisure Class. It is a fascinating look into the social mores and norms of the wealthy during the late Victorian era and how their behavior affected society at large. His book was published in 1899.

The book is definitely heavy reading and it took me quite some time to digest its 258 pages. However, it was well worth the time invested and has enlightened my perspectives regarding how the world works and often continues to work despite the date on the calendar.

The book is a mixture of thoughtful insight sprinkled with rapier wit and cutting criticism.

Here are some interesting quotes:

Regarding Desire for Wealth

"Visible success becomes an end sought for its own utility as a basis of esteem."

"[Man's goal] is the conversion to his own ends of energies previously directed to some other end by another agent."

"The motive that lies at the root of ownership is emulation."

"Those members of the community who fall short...suffer in esteem of their fellowmen; and consequently they suffer also in their own esteem...apparent exceptions to the rule are met with, especially among people with strong religious convictions."

"In any community where goods are held in severalty it is necessary, in order to ensure his own peace of mind, that an individual should possess as large a portion of goods as others with whom he is accustomed to class himself; and it is extremely gratifying to possess something more than others. But as fast as a person makes new acquisitions, and becomes accustomed to the resulting new standard of wealth, the new standard forthwith ceases to afford appreciably greater satisfaction than the earlier standard did. The tendency in any case is constantly to make the present pecuniary standard the point of departure for a fresh increase of wealth."

Regarding Presentation of Wealth Through Action

"In order to gain and hold the esteem of men it is not sufficient merely to possess wealth or power. The wealth or power must be put in evidence, for esteem is awarded only on evidence."

"Few of us, if any, can dissociate an offense against etiquette from a sense of the substantial unworthiness of the offender. A breach of faith may be condoned, but a breach of decorum cannot."

"The pervading principle and abiding test of good breeding is the requirement of a substantial and patent waste of time."

Regarding Presentation of Wealth Through Consumption

"Unproductive consumption of goods is honorable, primarily as a mark of prowess and a perquisite of human dignity."

"Infirmities induced by over indulgence are among some peoples freely recognized as manly attributes."

"The only practicable means of impressing one's pecuniary ability on these unsympathetic observers of one's everyday life is an unremitting demonstration of ability to pay."

"If the canon of conspicuous consumption were not offset to a considerable extent by other features of human nature, alien to it, any saving should logically be impossible..."

Regarding Living a Wealthy Lifestyle

"It is notoriously just as difficult to recede from a "high" standard of living as it is to lower a standard which is already relatively low; although in the former case the difficulty is a moral one,

"In the rare cases where it occurs, a failure to increase one's visible consumption when the means for an increase are at hand is felt in popular apprehension to call for explanation, and unworthy motives of miserliness are imputed to those who fall short in this respect."

"The standard of expenditure which commonly guides our efforts...is an ideal of consumption that lies just beyond our reach; or to reach which requires some strain."

"With the exception of the instinct of self-preservation, the propensity for emulation is probably the strongest and most alert and persistent of the economic motives proper."

Regarding the Wealthy Standards of Taste

"The thief or swindler who has gained great wealth by his delinquency has a better chance than the small thief of escaping the rigorous penalty of the law; and some good repute accrues to him from his increased wealth and from his spending the irregularly acquired possessions in a seemly manner."

"...the hand wrought spoon gratifies our taste, our sense of the beautiful while that made by machinery out of the base metal has no useful office beyond a brute efficiency."

"The superior gratification derived from the use and contemplation of costly and supposedly beautiful products is, commonly, in great measure a gratification of our sense of costliness masquerading under the name of beauty."

"What productive use [a race horse] may possess, in the way of enhancing the well being of the community or making the way of life easier for men, takes the form of exhibitions of force and facility of motion that gratify the popular aesthetic sense."

Regarding Dressing In a Wealthy Way

"...at no other point is the sense of shabbiness so keenly felt as it is if we fall short of the standard set by social usage in this matter of dress."

"The need of dress is eminently a 'higher' or spiritual need."

"Even more strikingly than the everyday habit of the priest, the vestments, properly so called, are ornate, grotesque, inconvenient, and, at least ostensibly, comfortless to the point of distress."

Regarding Institutions and the Affect of the Wealthy on Society

"The evolution of social structure has been a process of natural selection of institutions."

"Institutions are, in substance, prevalent habits of thought with respect to particular relations and particular functions of the individual and of the community."

"Institutions are the products of the past process, are adapted to past circumstances, and are therefore never in full accord with the requirements of the present."

"...by virtue of its high position as the avatar of good form, the wealthier class comes to exert a retarding influence upon social development far in excess of that which the simple numerical strength of the class would assign it."

"...privation among the body of the people is a serious obstacle to any innovation."

Regarding Foundational Traits of the Wealthy

"Freedom from scruple, from sympathy, honesty, and regard for human life, may, within fairly wide limits, be said to further the success of an individual in the pecuniary culture. The highly successful men of all times have commonly been of this type."

"The lawyer is exclusively occupied with the details of predatory fraud, either in achieving or in checkmating chicanery..."

"[Industrial society's best interest is served by] honesty, diligence, peacefulness, good will, an absence of self seeking, and an habitual recognition and apprehension of causal sequence..."

Regarding Attitudes of the Wealthy

"[Regarding spiritual maturing] those who fail on the average remain as an undissolved residue of crude humanity in the modern industrial community."

"[College sports are] expressions of an attitude of emulative ferocity...deliberately entered upon with a view to gaining repute for prowess."

"The addiction of sports, therefore, in a peculiar degree marks an arrested development of the man's moral nature."

"The leisure class canon demands strict and comprehensive futility; the instinct of workmanship demands purposeful action."

Regarding The Wealthy and Devout Observances

"A believer is eminently a person who knows how to obey and accept chastisement with good grace."

"In economic theory, sacred holidays are obviously to be construed as a season of vicarious leisure performed for the divinity or saint in whose name the tabu is imposed and to whose good repute the abstention from useful effort on these days is conceived to inure."

"It is not ordinarily in good form for the priestly class to appear well fed or in hilarious spirits."

"The leisure class acts to conserve, and even to rehabilitate, that archaic type of human nature and those elements of the archaic culture which the industrial evolution of society in its later stages acts to eliminate."

"A still more characteristic and more pervasive alien element in the motives which have gone to formally uphold the scheme of devout life is that non reverent sense of the aesthetic congruity with the environment which is left as a residue of the latter-day act of worship after elimination of its anthropomorphic content."

"...the generation which follows a season of war is apt to witness a rehabilitation of the element of status, both in its social life and it its scheme of devout observances and other symbolic or ceremonial forms."

Regarding the Wealthy and Attitudes Toward Education

"Athletics have an obvious advantage over the classics for the purpose of leisure class learning, since success as an athlete presumes, not only a waste of time, but also a waste of money, as well as the possession of certain highly unindustrial archaic traits of character and temperament."

~~~~~

It appears that Mr. Veblen never played ball much. However, the quotes do make me chuckle even if I disagree with some of his points. Some of his insights are dead on though, especially regarding human nature and our desire to compare ourselves to one another. I am impressed with his comments regarding institutions never being adequate for present needs. As a Legislator, I agree with this assessment. I highly recommend this book.

Video of the Day: Gold and Money

2011-07-25T16:12:00.000-07:00

I found this very interesting video online:

The question to ask is: What would the economy look like if we returned to the gold standard? (FYI: We likely won't see that for a very long time into the future.)

The answer is slow deflation. Since gold is limited in supply, as population grows, wages and the price of goods continually drop as the supply of gold (or gold-backed currency) is spread out among more people as a use of exchange.

Anyway, the video is fodder for good conversation.

Special Session July 2011: Booze, Budgets, and Ballets

2011-07-20T17:00:00.000-07:00

Interim session was held today and we discussed several issues:

Utah's Looming $5 Billion Hole - During Conservative Caucus meeting this morning Rep. Ken Ivory gave us an overview of the looming budget problems that will coming down the road. Of Utah's $12 Billion budget, $5 Billion are funds received from the Federal Government in the form of block grants and other types of payments. With the Federal Government soon to be forced into austerity measures, state and municipal governments will be the first to feel the reduction in money flows. Interestingly, the ratings agencies on Wall Street recently warned the state of Utah that it will need to prepare for this scenario. The agencies were shocked to learn that we had already passed HB 138 during the 2011 general session which creates a plan for our state government to operate in the event that Federal money becomes unavailable. The passage of this bill has helped Utah maintain is 'AAA' bond rating. Regardless, it was felt among the body that our Federal deficit and debt problems will be affecting Utah and the States in the very near future.

"Preferential Balloting" - In committee meeting this morning we discussed the possibility of using a rare form of "preferential ballot" It's main purpose would be to be used when more than two candidates appeared on a ballot. It would allow voters to rank their preferences and allow for quick elimination of inferior candidates and to give a clear majority victory to one candidate. One of the reasons to use such a system would be to reduce "spoiler" candidates (i.e. Green Party, Constitution Party, Ross Perot) from causing victories to be established by plurality rather than a majority. Unfortunately, our current voting system does not provide for voting in this manner and the cost to purchase a new voting system would be at least $26 Million.

Board and Commission Review - Our committee also agreed to submit a survey to all boards and commissions established by state government to identify efficiency and effectiveness so we can identify any consolidation and cuts that can occur. Surveys will be mailed to 252 committees and boards that taxpayers are funding.

Government Optimization - Efforts are constantly being made to improve state government. We learned today that state employees are paid 17% less than the private sector while receiving benefits that are 20% superior to the private sector. Adjustments to state employees compensation were suggested. It was also proposed that the number of cabinet level agencies be reduced from 21 to just 7.

FLUB OF THE DAY - Mike Mowers : "The governor wants every state employee focused on growing government."

Interesting Special Session Bills:

HB 2002 - Prison Relocation and Development Authority Act Amendments - This bill deals with how the state will sell its 800 acre prison facility located in Draper, Utah. Due to the unique situation and the political sensitivity of such a transaction, this bill provides that the Legislature (and thus vicariously the people of the state) approve the sale of the property to any developer that submits a satisfactory proposal.

HB 2003 - Insurance Amendments - This bill provided some technical changes and gives insurers in the state some flexibility in how they craft policies to meet the needs of their customers. There was a debate on the floor about the context of the bill. It appears that the insurance industry has become so mired in regulation that changes in the law have ripple affects across the entire industry and interfere with other regulations. The questions on this bill were regarding whether it would create insurance products that are "in" the state exchange system and also "out" of the system simultaneously. The bill passed both the Hosue and Senate today.

SCR 201 - Resolution Supporting the United States Balanced Budget Constitutional Amendment - The title is self explanatory. We passed this resolution to send a message to Washington D.C. that we expect our nation to keep it's fiscal house in order like Utah does each year. This bill passed today.

SB 2002 - Alcoholic Beverage Control Act Amendments - This bill fixed some of the unintended consequences that occurred when we passed legislation earlier this year. The bill corrects some conflict of interest problems, religious permit usage, and licensing details. The bill passed 60-0.

Ogden School District - Finally, in Majority Caucus meeting today, Ogden School District was mentioned and received applause from much of the room for its initiative to work toward performance pay.

Ogden School District vs. UEA - KSL SUNDAY

2011-07-18T05:49:00.000-07:00

The Ogden School District performance pay debate continues...

Bruce Lindsay does an excellent job asking pointed and direct questions. Superintendent Zabriskie does an excellent job handling those questions. In trying to get her message across, Ms. Gallagher-Fishbaugh seems to become mired in legal jargon that was probably lost on most of the audience. (Click Segment 2 to watch)

Video Courtesy of KSL.com

It appears that the Ogden Education Association was asleep at the wheel while allowing the teachers to operate without a contract this past school year. The union seems to recognize the implications of that mistake and is now demanding a last minute renegotiation. I am curious how this dynamic would appear if the School District and UEA changed seats. Would the UEA be as amenable to watering down its negotiating advantage as it is asking the Ogden School District to be today?

COURAGE! Ogden School District Goes Performance Pay

2011-07-05T08:00:00.000-07:00

In a courageous step, the Ogden City School District has contractually initiated a paradigm shift in teacher compensation toward performance pay. This is a first-of-its-kind move and I believe warrants public support.

Teachers who wish to stay and renew their contract with the Ogden School District under this new paradigm can do so by July 20th. Here is a copy of the letter issued by the district:

For the facts, here is a video of Superintendent Zabriskie speaking to the Standard Examiner editorial board:

It is quite remarkable to hear the reaction from the union chiefs at the Ogden Education Association. The recent Standard Examiner article on this issue contains some interesting quotes:

Doug Stephens, president of the Ogden Education Association, one of the organizations representing teachers in negotiations, said he is shocked.

“It is unprecedented in the state of Utah,” Stephens said. “It’s crazy. No school district or school board has ever done this before. This is a horrible thing.”

Well, even Christopher Columbus had his skeptics. He goes on:

"So the NEA, President Obama and Congress have all been trying to figure out a fair system of performance pay, and no one has been able to come up with a system that is equitable, but a few board members and administrators in Ogden just magically have the answers?” Stephens said.

-snip-

“There’s going to be a mass exodus of quality teachers, and they may not be replaced with the same kind of exceptional teachers that can change a kid’s whole outlook and make him feel better about himself,” he said.

“We are losing teachers right now, over the summer. Teachers are not going to stay in a district when they can get paid $3,000 or $4,000 (more) in another district.”

Stephens said there is a false impression, created by the media, that teachers and their representative groups are greedy. He said Ogden School District teachers have not asked for a raise in recent years and have gone without step increases for three years straight.

Note To Self: If President Obama and Congress can't get something done, then it's certainly not worth doing and it should never be thought of or tried by anyone else.

Tangential thoughts: Is it our public schools' job to teach self esteem? Or is it to prepare for higher education and the job market? Does self esteem come before or after being educated with the proper skills? Where does a parent's responsibility end and the school district's begin?

Additionally, is Ogden School district really going to have trouble finding folks when they put a "Now Hiring" sign on the front lawn? Granted, not every person can be a teacher but I am sure there are qualified folks out there who will jump at the opportunity. Looking for a job now? Here is a list of job opportunities currently.

Also, in regards to "step increases" (or "pay raises" as the private sector calls them) I am sure most of the taxpayers in our state have not recieved a pay raise in the last three years.

Yet, do we need to pay teachers more? I believe we do. However, we need to do it with the money that we have. It's remarkable that teacher salaries were preserved at their current levels despite the severe contraction in tax revenues during the past several years. Let's be grateful for what we have.

My hat is off to the Superintendent and the School Board for their willingness to innovate and work for change in the School District. They have shown leadership and they have my support as I hope they do yours.

George Washington: Americans Make Their Own Bed

2011-07-04T04:52:00.000-07:00

"The foundation of our empire was not founded in the gloomy age of ignorance and superstition, but at an epocha when the rights of mankind were better understood and more clearly defined, than at any former period, the reserches of the human mind, after social happiness, have been carried to a great extent, the treasures of knowledge, acquired by the labours of philosphers, sages, and legislatures, through a long successsion of years, are laid open for our use, and their collected widsom may be happily applied in the establishment of our forms of government; the free cultivation of letters, the unbounded extension of commerce, the progressive refinement of manners, the growing liberality of sentiment, and bove all, the pure and benign light of revelation, have had ameliorating influence on mankind and increased the blessing of society. At this auspicious period, the United States came into existence as a nation, and if the citizens should not be completely free and happy, the fault will be entirely their own"

- George Washington Circular to the States

State Government Shutdown: Minnesota's Mess

2011-07-01T07:09:00.000-07:00

The state of Minnesota's government shut down today due to an impass on fixing a $5 Billion budget deficit. The governor wanted to increase taxes and cut spending. The legislature wanted to just cut spending and not increase taxes.

Here is the governor's finger pointing statement:

I found this statement amusing:

Governor: "Our American Revolution was very much about fair and just taxes, where the middle class was over taxed while the very rich went tax free."

My Rebuttal: So his answer is to tax the rich more so the overtaxed middle class feel better? I don't hear of any tax relief for the middle class in this speech.

Instead of promising to continue working toward a budget solution the good governor engages in class warfare.

He states that he cannot accept a Minnesota where:

People with disabilities loose part of the time they are cared for...
Young people cannot afford the rising tuition and University of Minnesota...
Elderly widows are denied at the "At Home" services...
Where local governments have to further slash their firefighters and police forces...
Where special education is being cut...

"...So millionaires do not have to pay one dollar more in taxes. That is not Minnesota."

This speech highlights struggles that are going on in many other poorly managed states in the country. I am grateful that Utah is not one of them.

June Interim Session: Fire Escapes, Waste, Mission Creep, and Child Care Conundrum

2011-06-15T22:11:00.000-07:00

I attended our interim session committee meetings today at the Capitol. Unlike last month, the agenda this time was full of interesting topics and lively discussion.

HB138 - Federal Receipts Reporting Requirements

One of the bills we discussed this morning is HB 138 sponsored by Ken Ivory. We passed this bill during the general session. The gist of the bill is to require state agencies to create operation plans for scenarios involving a 5% and 25% reduction in overall available budget. The point is that $5 Billion of our $12 Billion state budget comes from Federal sources. Given the ill health of our national fiscal situation, we want to have plans in place for the time when Federal funds are no longer dispersed to the states. This is a basic self-reliance plan.

Today we discussed implementation and how it would affect city and county governments and how we might go about requiring cities and counties to make contingency plans as well. The representative from the League of Cities and Towns was there to speak on behalf of the interest of cities and towns in the state. His message: "Thanks, but we can put plans together quite easily so there really isn't a need for us to report our compliance to you." I am always suspicious when someone says they will do something and then asks that they not be bothered reporting on whether they did it or not. With 200 municipal bankruptcies anticipated nationwide in the next year or two, complying with HB 138 even once every two or three years is probably not asking very much.

You can listen to the entire meeting HERE.

Unemployment Insurance

The next topic of lively discussion came as we talked about the status of unemployment insurance in the state. The trust fund that makes up the insurance base has fallen from over $800 million in 2008 to a projected $130 million next year. The state has been dispensing much more than it has been bringing in.

Benefit payments of unemployment insurance in Utah are the 16th highest in the nation with 50% of recipients using the full 26 weeks of payments that the state offers. Also, we discovered that the state routinely over pays benefits by about 6% of total disbursements and only collects on half of that through court action and sanctions. That basically means that 3% of our unemployment insurance goes to line the pockets of those who don't need it. It's wasted tax dollars.

The gentleman presenting on this issue talked about all the "stimulus" that unemployment insurance gives to the economy. One of my colleagues challenged that notion since the government is basically taxing businesses so it can pay people not to work. This is an issue that needs to be looked at more closely.

Displaced Homemakers

After our rancorous interrogation on the unemployment insurance topic, we were treated to a supposedly less controversial topic: The Dispalced Homemakers program. Well, at least the presenter thought it would be less controversial.

The program has been going on for 10 years and is under the umbrella of Workforce Services. Since the program is scheduled to sunset this year, they approached our committee today to ask for another 10 years of existence. The gist of the program is to help homemakers (non gender specific) who have been out of the workforce for eight or more years to reacquire skills so they can rejoin the work force. This sounds like a nice idea except for one thing: the program doesn't have enough people to help.

The program has been mostly over funded for 10 years by 15%-20%. Those funds have just been kept and kicked forward to future budgets. Since they were having so much trouble finding people to help, the presenter alluded to the idea that they would ask us to modify the requirements to expand the reach of their program. When I asked her what she had in mind, she thought they would reduce the requirement from eight years to two.

In my mind, this is mission creep. If tax dollars have proven not to be useful for their intended purpose, perhaps we should refund the taxpayers who are footing the bill for this ineffective program. I also suspect there may be duplication and redundancy in other programs the state offers though I can't provide any specifics. We do know that the private sector is providing services like this also.

When the vote came to extend the sunset, the committee, including myself, voted no. Workforce Services will now be compelled to find a sponsor who will put forward a bill next year to keep this program alive.

Public vs. Private Child Care Debate

Finally, we heard from a colleague on the touchy issue of the child care industry. There are private child care providers who are licensed, taxed, and regulated. Then there are non-profits and publicly subsidized child care facilities that compete directly in the market for money in this industry. The question proposed today is about the justice of having tax dollars compete for services provided by the public sector. It was a very interesting debate and I encourage you to listen. You will be surprised by what you learn. We will be discussing this more in the coming months.

You can listen to the lively discussion on Unemployment Insurance, Displaced Homemakers, and Child Care issues HERE (my comments start at 1:12:29).

Utah Immigration: Like A Day At Lagoon

2011-06-15T10:07:00.000-07:00

Imagine this scenario:

You are at Lagoon with your family and, even though your children are teenagers, you are told by park management that you and your family can only ride on Bulgy the Whale.

Then, someone on the ride says that they had heard that there are lots of open seats on the Colossus. You ask around and discover that it is common knowledge that there are open seats. You leave Bulgy the Whale and travel across the park to Colossus.

When you get there you discover there is a line of people from Bulgy the Whale, Tilt-a-Whirl, and a few other inferior rides stretching for a hundred yards waiting for their turn. Then you notice a curious thing. While there are ten empty seats available on Colossus, the attendant only lets one person on at a time while leaving nine of the seats empty. Meanwhile, there is a sign posted that says:

"Line Jumping will not be tolerated and may be cause for ejection from the park."

Another thing that you notice is that, rather than waiting in line, many of the folks are jumping the fence and seating themselves in the empty seats. Often, in the confusion, this means that more are climbing over than there are available seats. The attendant seems to shrug off this violation of the rules yet continues to dutifully administer his gate keeping responsibility with the folks still in line.
You hear someone in line talking about this situation and discover that park management has no intention of enforcing its line jumping rule. Yet, bafflingly, it also does not want to reduce the amount of seats available or increase the allowance of passengers to promote order and safety either!

Then you notice the Colossus' mechanics at work with welding torches cutting into the fence and creating another gate. The mechanics are tired of cleaning up messes created by the disorderly way people have been climbing on the ride. They are also upset with park management for making the ride unsafe and worse for wear. They have taken a vote and decided to create another gate so that the ride is full but not overflowing. The new gate will cut down on people line jumping while bringing order to a chaotic situation.

While this is going on you can hear a few original riders on Colossus yelling loudly: "Hey, you can't do that! That's against park management policy! Only park management can make new gates! And get all these Bulgy the Whale people off our ride!"

And thus, you see the mechanics reviled by the riders - the same mechanics who know the strengths and weaknesses of the ride and expend their efforts in correcting a problem so they can protect and preserve the very same ride in which they serve as caretakers.

On Saturday, June 18th, the majority of quiet voices in the Utah GOP will have a chance to be heard. May we hope that reason prevails and the loud and angry voices give way to those of sound judgment. Let us reject the resolution to repeal HB 116.

UPDATE: You can find a lightly edited version of this at the Standard Examiner website HERE.

Legoland Logic: Redistricting Committee Compels Weber County To Eat Its Young

2011-06-07T11:19:00.000-07:00

I received a copy of the map proposed for the new Weber County House district boundaries.

The orange boundary is my current District 9. The new proposed district is white. As you can see, the new lines are a dramatic change from our existing district. The district would cross Harrison Blvd. at 33rd Street and take in everying east and south of Harrison to consume the remainder of District 10.

Which, by the way, places freshman Representative Dixon Pitcher and I in the unenviable position of living in the same district if this map is adopted. Obviously, we both can't be elected as the Republican candidate for our district at the County convention next year.

It is still early and nobody knows if this map will be adopted or how Dixon and I will respond if it is. However, I do hear rumors that Dixon is exploring a presidential run and I will back him up 100% on that endeavor! -grin-

Ogden School District: Capitulating to Failure?

2011-05-26T10:50:00.000-07:00

I was dismayed to read the Deseret News yesterday and discover that 5 of the 10 worst schools in our state last year are in the Ogden School District.

Here is the snapshot of the lowest performers (click to enlarge):

This report is an abomination.

What is happening in the Ogden School District?

I live across the street from Dee School. In fact, my oldest daughter attended Dee for kindergarten in 2008 before being put in the advanced learning program for 1st grade which was held at Heritage Elementary across town. My second daughter Wynnie attended kindergarten at Dee in 2010, the year these test scores were produced. Wynnie tested 100% on her end-level tests for the 1st grade at Ogden Preparatory Academy (a charter school) this year.

From personal experience, I don't believe throwing more money at schools is going to cure the problem we have. I also don't believe the transient student base is as large of a problem as its made to be. You see, I was a transient student and attended the following schools growing up:

1983-1985 Hillcrest Elementary - American Falls, Idaho
1985 Shelley Elementary - Shelley, Idaho
1986 Westside Elementary - Idaho Falls, Idaho
1986 Four Georgians Elementary - Helena, Montana
1986-1987 Adelaide Elementary - Bountiful, Utah
1987-1988 Woodland Hills Elementary - Kingwood, Texas
1988 Kingwood Middle School - Kingwood, Texas
1988-1989 Westside Elementary - Idaho Falls, Idaho (Yes, I suffered the indignity of going from middle school back to an elementary school system in a different state.)
1989-1991 Kingwood Middle School - Kingwood, Texas
1991-1995 Kingwood High School - Kingwood, Texas

Of all the schools I attended in the different states, Texas by far had the most serious education system at the time. Their no-guff attitude and strictness translated into excellent classroom behavior and high expectations of students and faculty. That, in turn, translated into better performance on tests.

Texas schools are funded strictly on property tax. There is no income tax in Texas. So, the inner city schools are "rich" relatively speaking and their school buildings are palaces as funding from property taxes paid on skyscrapers is much much more than it is on suburban residential homes. Nevertheless, the inner city schools of Houston were always languishing in performance, despite the significant financial upper hand.

I attended a very poor high school in Texas. Yet, we produced some of the highest grades in the school district we were in. What was the difference between my school and others? Answer: A culture of discipline and high expectations.

Thus, I believe Ogden's problem is not a financial one but one of attitude and workplace culture. If we want Ogden schools to fail, all that is require is for us to continue doing what we are doing right now. It's an easy road. If we want to change this shabby performance, we need to do things differently...and in a big way.

For example, if a child brings a switchblade to school, that child needs to be disciplined. There needs to be consequences. We don't need to ignore the kid because "getting attention is what the child really wants" and so ignoring his misdeed somehow becomes the perverse answer to encouraging better behavior. We need solid discipline.

However, this kind of change will require fortitude and toughness. People don't like changes in the status quo. I know this. I changed the status quo in my neighborhood so much that my life was threatened. But, you don't see pimps and hookers running the show in my neighborhood anymore either. We prevailed by taking some risks and sticking to our big plan for change.

I am eager to hear innovative suggestions from the education community on how we can turn this situation around. Do we need to open an ESL only school? Do we need to allot state money directly to the schools instead of letting it trickle down through the districts for better or for worse? I want to know how we can turn these lemons into big juicy apples.

I don't want to point blame. I just want results. So let's get to work! Email or call me with your suggestions.

Defining Milqtoast Mormonism: Fidelity in Faith

2011-05-13T11:00:00.000-07:00

There is a great ongoing debate about the role that religion should have in our public arena. Over the last 40 years we have seen a trend toward purging religiousness from the public square. That trend has manifested itself in our country through the occasional banning of Christmas Nativity scenes during traditional Christian holidays to the rejection of expressions of faith such as prayer in public places.

This procedure of sterilizing society of the pathogens of pious expression has produced some interesting side effects. One of those effects has been the conflict created between elected officials personal spirituality versus the job that the official must perform while in office. In order to justify the poor behavior of some politicians while also qualifying those of conspicuous religious standing there has been a doctrine promoted that a man’s public life is separate and somehow inoculated from his personal life. The creed would say that what a man does in his spare time does not in any way affect his day job.

I reject this thinking. Although each of us wears many hats (father, husband, legislator, employee, brother, friend, ect.) those roles are influenced by our world view and our value system. That may or may not include a religious way of life. But, if it does, that faith, whatever it is, becomes part of who we are. Regardless of how politically incorrect it is to believe, it is part of what defines us.

This leads to some of the interesting remarks expressed by our former Governor Jon Huntsman Jr. In a recent TIMES magazine article we read the following:

I don't even come close to getting him to spill such puny secrets as whether he thinks we should be in Afghanistan or Libya ("There will be more to say about that"), in what ways he disagrees with Obama ("I don't want to get into specifics") or, for that matter, where he parts company with his fellow Republicans, including his distant cousin, former Massachusetts governor Mitt Romney ("It wouldn't be fair to offer an opinion without doing due diligence"). And as for whether or not Huntsman still belongs to the Church of Latter-day Saints, I know less than I did before I asked him. ("I'm a very spiritual person," as opposed to a religious one, he says, "and proud of my Mormon roots." Roots? That makes it sound as if you're not a member anymore. Are you? "That's tough to define," he says. "There are varying degrees. I come from a long line of saloon keepers and proselytizers, and I draw from both sides.")

Let’s put these remarks in proper context. First, TIME has never been a bastion of Christian ethos. That is proven by their annual Easter edition celebrating scholarly doubts about the divinity of Christ. Second, the general public has very little accurate information about the Church of Jesus Christ of Latter Day Saints. In this interview, Mr. Huntsman is basically entering an arena that is foreign to religious values and where the opinions of the public are unpredictable and possibly hostile based on how the interview is reported.

If the reporting is indeed accurate, which Mr. Huntsman’s spoke people have not refuted, then what we have is an interesting, if not surprising, expose into who Jon Huntsman Jr. really is at his core.
It appears that these comments can be interpreted in two ways. First, that he is cynical enough to play coy about his personal convictions so as to maximize the greatest political benefit from the interview. Or second, that he is a man that lacks confidence or conviction in a religion the citizens of Utah have assumed he belongs to. Unfortunately, neither of these interpretations is satisfying.

It is best when we own who we are. If we are unbelievers, then we should own it. As much as people wished that they didn’t have to express any faith or theology they espouse, these things are part of who we are. Or as we often see, once they become an inconvenience to personal ambition, they can be easily tossed aside like shoes that are no longer in fashion.

Whatever world view or faith each of us espouse, may we have fidelity to it, and stand for what we each believe.

Drinks on the House

2011-04-13T16:21:00.000-07:00

There has been a lot of buzz and misinformation recently regarding a proposal to get the Utah state government out of the alcohol distribution business.

Rather than try to summarize the proposal myself, I will let its sponsor, Rep. Ryan Wilcox, do it for me. Here is an excerpt from his post on Vox Populi:

I am proposing that we divest ourselves of our retail outlets; that we move toward truly limited government, and that we allow the market to determine the success or failure of retail stores, the fate of communities who depend on the services, tax revenue, and jobs they provide, and NOT politics and budget cuts at the state.

Currently, in smaller communities throughout Utah, the DABC already licenses what are called “package agencies” (similar to a franchisee) to essentially run privately held “State” liquor stores. In fact, this model is the norm, for the majority of “control” states. In Utah, this is primarily done in areas where there is less demand for the larger, more expensive stores we are familiar with along the Wasatch Front.

Under this bill, the DABC would be required to sell each of the state-owned liquor stores to private operators. Just as with any other business, these so-called “package agencies” would be allowed to succeed or fail, based not on whether or not the State of Utah was experiencing a downturn in the economy and was forced to cut their budget, but rather whether or not they offered excellent customer service, and on how they responded to market demands and customer needs.

-snip-

As a control state, the state of Utah would remain as distributor, and as such, would also retain the 85% markup that currently provides the bulk of the profit margin. Both the state and the communities who depend on sales tax provided at the register would retain those revenues, just as they do now. Additionally, we anticipate a small windfall, as properties and stores are either leased or sold outright, and as the additional state employees are removed from the payroll.

It seems that the news media is so giddy with excitement about this story that even though they are supportive, they are still getting the facts wrong. The history of alcohol control in the state hearkens back to the exaggerated acrimony of Mormon vs. Gentile coexistence. It appears the media is rehearsing this tired historical narrative either a.) out of its own ignorance on the issue or b.) to sell more papers, ad space, ect.

This legislative proposal is just a mild first step towards more liberated markets and warrants the support of the public. However the media and public must also recognize that it is not a complete dismantlement of the State's alcohol control system. To believe otherwise is to set up oneself for disappointment.

Improving the Utah Legislative Process

2011-04-02T11:18:00.000-07:00

The 2011 General Session of the Utah Legislature saw an unprecedented number of bills written and passed. The legislative bodies managed to pass 504 bills in just 33 working days. As you can see from this chart, we appear to be on a disquieting trend which started in 2005:

On average in 2011, we passed about 15 bills per working day. The average bill size is about 10 pages. Multiply that by the number of bills passed and it comes to 150 pages of reading per day that legislators needed to mull through.

It would seem that this might be a manageable task. Indeed, not all of the pages have new information on them, many of the pages are preexisting code and require little scrutiny. Yet, unfortunately, the manageability of this workload is burdened by its uneven distribution through the legislative session.

At the beginning of the session, debate is long-winded and few bills are ready to be presented for a vote. Many committee meetings are canceled due to the fact that bill language has not been properly prepared for pubic and committee scrutiny. This leads to a crescendo in workload and bill flow as the session progresses.

To illustrate how this build-up affects the legislative process, I have put together a couple of graphics:

This above chart illustrates the traditions bill flow process. A constituent or legislator has an idea and the legislator directs legislative research to draft a bill. Once ready for review, the bill is numbered and released to the Rules Committee which determines whether the bill is worthy of review by a standing committee and public input. If it does, a standing committee holds a hearing where public input is received and the merits of the bill are discussed. A vote is taken in the committee to move the bill to the House Floor. If the bill passes that vote, it goes to the House Floor where all the legislators are able to ask additional questions and debate the merits of the bill. A vote is taken on the floor whether to pass the bill and send it to the Senate for consideration. The same process then ensues in the Senate.

Now, toward the end of the session, the number of bills prepared and ready for review begins to backlog under this normal operation. To mitigate this problem, it is typically proposed during the last few days of the session that the body operate under "Suspension of the Rules". Here is what the flow looks like under "Suspension of the Rules":

As you can see, the Standing Committee hearings are eliminated to expedite the bill being heard on the House Floor. There are obvious disadvantages to this. Public input is not able to be received and the bills are not scrutinized by committees which typically specialize in topics related to the bills they review. It is my opinion that this practice may do more harm than good. It seems to be the private sector equivalent of sending your quality control inspectors home so you can make a manufacturing deadline.

My purpose here is not to point blame but to step back and take a look at our current process to see if there some things we can do to improve it. Here are a couple suggestions that came to mind:

1. Reduced Workload - It may seem like the legislature can pound it's chest in pride that is was so "productive" and passed so many bills. I don't feel this is necessarily a bragging right. It seems to me that if we force nearly all bills to be heard in a standing committee, that the number of bills being passed will be reduced and thus gear legislators' talents toward quality rather than quantity.

2. Balanced Workload - It also seems that many legislators' bills are not prepared at the beginning of the session. It may be wise to create incentives through deadlines for legislators to have their bill's prepared in advance and also expand the Legislative staff's ability to prepare those bills before the session begins. Keeping a steady pace of hearing bills and limiting unnecessarily long-winded debate would allow legislators to do a better job of reading and vetting legislation while also conserving their personal energy for budget related issues.

I know that we will be looking at this process as a study topic during interim. It is my hope that we can come up with some good solutions that help make the process more manageable and equitable.

ENDORSEMENT: Ken Ivory For Utah State Senate District 10

2011-03-22T20:13:00.000-07:00

Ken Ivory is a bright mind and articulate communicator who benefits from an enormous catalog of knowledge that has amassed from his life experience.

During Ken’s service in the House of Representatives, he took a course far from the norm for freshmen legislators by sponsoring substantive and paradigm-shifting bills while also engaging in heated debates on fundamental issues such as state’s rights and fiscal responsibility.

Ken also was able to forge working relationships with those he agreed with, but also more importantly, those he disagreed with. He has the rare ability to respectfully disagree without reducing those differences to personal acrimony.

It is my belief that the people of Senate District 10 deserve someone who can vocalize what they believe and back it up with the facts. Ken Ivory is that man and I support his bid for Senate District 10. I encourage all to examine his life, his record, and his character where I am confident he will be determined the most viable and worthy candidate.

Utah and the Gold Standard: Civil War Currency

2011-03-20T14:38:00.000-07:00

As I mentioned in a previous blog post, I have been reading Saints and the Union by E.B. Long. Its a colorful recounting of Utah's history during the Civil War years.

The book tells the story of the displeasure incurred in June of 1864 by Colonel Conner at Fort Douglas when he discovers that merchants in Salt Lake City were encouraging the use of gold as means of commerce instead of "greenbacks" as U.S. paper dollars were called in the day. The Colonel sites a Deseret News article advocating the practice. A search of our state newspaper archives provides us a visual copy of that article. Click to read full scale large version (article highlighted):

I find it interesting that confidence was waning in the "greenback" and that inflation was occurring as a result. Sound familiar?

The article describes the problem of courts enforcing contracts that were established in gold backed dollars but compelled the receivers to accept payment in "greenbacks" at face value even though they had depreciated below the gold standard that the contract has been established in originally. The result was that creditors were being robbed by inflation.

Here is an interesting excerpt:

"Mechanics, laborers, producers, and all concerned will understand at a glance that we deem 'greenbacks' the most uncertain in value of all the commodities in their possession, and we trust will govern themselves accordingly, lest, though retiring at night with pockets overflowing with currency, they awake bankrupt."

Fast forward 147 years and today we have HB317 - Currency Amendment sponsored by a bright legislator from western Weber County. The legislation permits gold and silver coins issued by the federal government to be accepted and tendered as payment. It also establishes a commission to find out if establishing another form of legal tender is appropriate.

What would spur such a piece of legislation? Our nation is at war, our banking system is a wreck, our national treasury can't seem to borrow enough money, and lo and behold people have started to doubt the value of the 'greenback' once again.

The monetary gimmickry occurring at federal level will be revealed for what it is sometime in the future. In the meantime, we have an obligation to ourselves and our children to learn from history...before we repeat it.

Patriotic Muppetisms

2011-03-18T16:03:00.000-07:00

I loved the Muppets as a kid. I thought you would enjoy this:

Best Regards!

THANK YOU!

2011-03-12T12:17:00.000-08:00

Having completed one of the most intense experiences of my life while at Capitol Hill, I would like to take a moment to publicly thank several individuals:

Speaker Becky Lockhart - For allowing the freshman class to spread their wings and find their voices on the Hill. Whether it was freshmen Republicans walking off the farm and supporting Democrat sponsored legislation, rallying opposition against senior member's bills, or speaking way too long and too often on the floor, it was a great experience for me and I know it was a great experience for my freshmen colleagues.

Luz Robles - For having the tenacity and spirit to push forward a sensible piece of legislation despite the insurmountable odds.

Rhonda Menlove - For being accessible and willing to help us know who to talk to and how to get things done.

The Sutherland Institute - For taking on a controversial issue and doing so in a way that was constructive to the debate and provided a grounded voice in a sea of shrill criticism.

Ron Gordon - For putting up with my attitude and freshman foibles while we hammered out good law enforcement policy.

Steve Thompson and Eric Stein - For walking through the process together as we tested the minds of policymakers and understanding that patience is a virtue when trying to move mountains.

Paul Rimmasch - For being willing to bring forward a major concern and help make a law to fix it.

Jon Greiner - For telling me how it is and being right.

Ryan Wilcox - For being a great mentor and teacher and also for filtering his feedback to me with such carefully couched remarks like "Oh no! Jeremy, what have you done?!?"

Brad Dee - For tolerating my shenanigans and the raw potatoes I put on your desk...yes that was me.

Dan Thatcher - For rescuing one of my bills from sudden death.

Brad Daw - For handling our Transportation Committee with dignity and leadership.

Curt Webb - For making the Political Subdivisions Committee a fun and enjoyable experience.

Jim Neilson - For seeing through my "bleeding heart" to know there is a conservative lurking inside.

Jennifer Seelig - For teaching me proper decorum and demeanor...ha!

John Dougall - For watching out for my bills even though I lack the same libertarian stripes.

Fred Cox - For making me smile by saying whatever is on his mind whenever its on his mind regardless of context or setting.

Todd Kiser - For being tactful and graceful in cutting government in the face of budget constraints.

LaVarr Christiansen - For teaching the freshmen how to reserve the right to make a motion to amend.-grin-

Francis Gibson - For teaching me that not all is as it seems.

Lee Perry - For being a great chair mate during our first session together.

Thanks again. The session was the best teaching experience I have ever had and I look forward to a productive and enjoyable work session next year.

Best regards to all!

General Session 2011: Last Day Roundup

2011-03-11T10:25:00.000-08:00

We concluded the 2011 General Session Thursday. The tempo was remarkably relaxed compared to previous sessions I am told. Here are a couple notable items from the day:

HB 48 - Juvenile Fingerprints

After languishing on the Senate board for a couple weeks due to the fiscal note associated with the bill, money was found to fund the bill and it came up for a vote. Unfortunately, there appeared to be a personal disagreement in the Senate between a senior Senator and my Senate sponsor of the bill. That disagreement manifested itself in the senior member "gutting" the bill with an unfriendly amendment. I was in the room watching and my stomach turned as I realized that all the time and labor put into getting the bill right was about to be wasted. You can watch the proceedings HERE. Fortunately, Senators in support of the bill were able to persuade the sponsor of the amendment to reconsider his actions and HB48 passed the Senate later that day and now awaits the signature of the Governor.

WSU Buildings

It was debated in our body whether we should borrow bond money to construct several new buildings at our state universities. After analyzing the market dynamics at play, the majority of our body felt that it would be wise to do so at this time rather than defer several years. The reasons being that interest rates are likely headed up as the bond market gets traumatized by municipal defaults and other market trauma on the horizon. We felt that borrowing at 1.5% would not be available much longer. Also, with inflationary forces raising prices on construction materials, it was felt that we could avoid paying more in the future by building now. With the governors approval, the Davis Campus of Weber State University will have a new classroom building to handle its expanding student enrollment.

Education Budget

The education budget is bewildering to say the least and I won't try to explain it here. The bottom line is that education received a 2.2% increase in a year where we cut everything else by the same margins.

Protests

Just to make things interesting Friday night, protesters showed up to express their displeasure with HB477. They filled the House gallery and were yelling and singing until security came to reiterate the importance of politeness inside the chamber. Most were quiet thereafter so we could finish our business.

The End

Fortunately, Kim was able to spend the evening with me as we wrapped up. We worked debating and passing bills until midnight. A funny and entertaining vaudeville performance by Mike Noel, Ryan Wilcox, and others followed and we left about 1am to come home.

General Session 2011: Day 42 - Def Comedy Jam, GRAMA Wrinkles, and a Jazz Bear

2011-03-07T20:15:00.000-08:00

After Friday night's showdown on HB 116, the House needed some emotional relief from that high tension experience. Here is the comedic stylings of the Representative from Kanab with the rest of the House pitching in ad lib:

Also today we honored Jerry Sloan for his career with the Jazz:

Finally, we had a meeting on the GRAMA situation and learned more about what is happening with the press, the public, and where HB477 is going. It appears that the speed in which HB477 was passed through our body has created in interest in the media to come to the negotiating table on writing an agreeable piece of legislation. Several years ago, Representative Aagard worked on a task force with the press to accomplish just such a feat. Unfortunately, after offering input and agreeing to a bill, the press reneged on their support and the legislation that was created by the task force failed. The desertion of the press on support for the revision had discouraged the legislature from reviving the issue until now.

The plan now is for HB477 to be recalled soon for another vote. It will be amended to be implemented in July of 2011. In the meantime, a new task force will be created involving the press and a new agreeable piece of legislation will be drafted with their input. That new bill will be approved in a special session to be called in June by the Governor. However, if the press reneges again on their commitment to participate in the process, HB477 will become law as it currently stands. Obviously, there is a strong incentive for all parties to come together on this issue.

Immigration Update

2011-03-05T14:06:00.000-08:00

I received a call today asking that I post an update on what is going on with the immigration issue. Before I start, let me say that there were various issues and aspects of immigration that were trying to be addressed in legislation this year. The House had several bills from various representatives and the Senate had a couple bills from several different Senators. Here is a rundown on each bill and its current status:

SB 60 - This is the bill that Luz Robles (D) sponsored in the Senate and I signed on as the Republican house sponsor. This was a very smart and well thought out piece of legislation that I believe trumps any other "guest worker permit" legislation that has been presented. However, due to the minority status (politically speaking...eh hem) of the sponsor, the Senate opted to delay and defer on the bill and then put it in a state of suspended animation (what we call being "circled") on the Senate side. As of this post, SB 60 is sitting "circled" on the Senate floor and will in all likelihood die there as the General Session concludes on Thursday.

HB 116 - This is the bill that we passed out of the House last week as a "Guest Worker" bill. It was the skeletal framework of SB 60 but without all the details fleshed out. That is the form in which we passed it out of the House. When it arrived in the Senate it underwent major surgery and other big parts were attached to the bill. For some reason, visions of Frankenstein come to mind, anyway, it came back with all the new parts. That is the bill we debated last night on the floor. The mood on the debate floor last night felt like being at a funeral, or worse, an execution, but despite that mood HB116 was ultimately passed 41-32. You can listen to the melancholy banter HERE. You can READ THE BILL AS IT PASSED HERE. You can notice the differences between the original and how it came back from the Senate. Here is the final vote on the House Floor that sent it to the Governor for a signature.

SB 288 - At the start of the session, when the immigration debate started rolling forward, a specific Senator felt compelled to bring all the parties together and synthesize an "Omnibus" or Mish-Mash bill comprising all the parts of everyone's different legislation. This work group fell apart very early in the session. Since all the parties left the table, the author of the bill "borrowed" language from everyone's different bills and assembled it into SB 288. This SB288 was then mostly copied and pasted into HB116 which we passed last night. So, it is likely that SB 288 will die in the Senate at the end of the General Session.

HB 70 - This was the Heavy Law Enforcement Arizona Like Bill. This bill was then watered down, diluted some more, then watered down again for passage out of the House. However, the rhetoric and and stigma about the bill persisted so the Senate killed it in a committee hearing on Wednesday.

HB 497 - In exchange for letting his HB70 die peacefully, the sponsor of HB70 was allowed to open a new bill and copy the language of HB70 into it except with one final round of watering down of language. HB 497 is THE "I'M NOT AN ARIZONA BILL I AM A UTAH SOLUTION" BILL. This bill passed out of our House yesterday and passed out of the Senate as well but was only released by the Senate when they saw that we had successfully passed out HB116 at 9:45pm last night. That was the deal. You can read more on that in the SLTrib. This bill is now on its way to the governor for a signature.

HB 253 - This was an E-verify bill that had some components inserted into HB 116. HB 253 was passed out of the House but will likely die in the Senate.

HB 191 - This was a bill that started out revoking in-state tuition waivers but was then modified to allow it except for certain conditions. The bill passed the House but will likely die in the Senate. Provisions of the bill were inserted into HB116 which passed the House.

HB 466 - Finally this was a Migrant Worker bill that allowed for Utah to partner with the Mexican state of Nuevo Leon to look at bringing workers from that state to Utah to work. This was a team effort on the part of the House and Senate. It has passed both bodies and is on it's way to the governor for a signature.

HB 469 - This is a very interesting "blast from the past" bill presented by a libertarian leaning representative in the House. It basically provides for individuals in Utah to "sponsor" individuals to come here to go to school or to work. I have heard some folks coyly describe it as an Indentured Servitude bill. The real question is how it will jive with the rest of the legislation that has already been passed. This bill is sitting in the Senate. Lets keep an eye on where it goes.

With HB116, HB466, and HB 497, the full spectrum of immigration issues should be addressed. The question now is how effective will they be. I anticipate they will be signed into law and we can begin watching to see how they perform. We should start to see fruit from these bills in about 6 months with the broader impact coming in about 24 months.

Mutually Assured Destruction

2011-03-04T22:30:00.000-08:00

You might remember from the 80's the term M.A.D or Mutually Assured Destruction. It was the military doctrine that advocated the full deployment of a nuclear arsenal toward an enemy who was equally armed and would behave in the same way. If one party moved against the other, it guaranteed that both parties were annihilated. It acted as a great deterrent. It was a strategy that kept us alive during the Cold War.

After tonight's experience passing HB116 on the House floor and HB497 on the Senate floor, I am starting to think that some folks in our Legislature have served time as military strategists.

GRAMA Drama

2011-03-04T20:44:00.000-08:00

Several constituents contacted me and asked for some clarification on my "yes" vote on HB 477. Before I get started, let me present the list of folks that voted on it in the House:

And for good measure, here are those that voted on the bill in the Senate today:

Several days ago our body was approached with the proposal for HB477 (CLICK HERE TO READ A COPY). The Legislative Research department made the presentation and gave us the run down on what was wrong with current GRAMA rules. The presentation focused on extremely broad and sweeping requests (i.e. like asking for every email for a 9 month period from every legislator on a broad topic) made by the press.

1. Time Costs

The workload already this legislative season has totaled over 400 man hours on the eight GRAMA requests we have received thus far. This provides a major constraint as the legislative attorneys that draft our bills are forced to spend time instead on sequestering laptops, reading e-mails, determining their pertinence to the request, and then putting them in a form that can be delivered to the requestee. Due to the budget reductions of the past few years, the legislative staff tasked with this has been reduced significantly and there are now major bottlenecks in use of time under current GRAMA rules.

2. Monetary Expense

The legislative attorneys that handle the requests cost about $50/hour. Multiply this by the time necessary for any one request and you have the tab for that request paid for courtesy of the Utah taxpayer.

3. Public Privacy Issues

Because current rules blur the line between personal correspondence and legislative correspondence, any communication that we receive from the public regardless of the content, is available to the individual making a GRAMA request if it's deemed pertinent to the request.

4. Time Studying the Issue

Although the press has asked for more time to look at the issue, those legislators that have been here a while have attested to the fact that GRAMA has been studied for years now with now. Despite this length of study, when conversations have been had between the government and press on how to improve the statute, no suggestions have been made...just requests for more time to study the issue.

I would also recommend that you LISTEN TO THE COMMITTEE HEARING on the issue for more information.

Having little experience myself with this issue, I trust the judgment of our non-partisan legal staff and those who have a long institutional memory and know how this has affected the people's business in a negative way. However, if there are problems that arise from this bill, I am certainly willing to tackle the issue and amend the statute in our next legislative session.

The crux of this issue is whether the the disclosure of debate and deliberation of decision making among public officials should be put on equal footing with personal conversations and discussion that public officials have with others. Based on the information that was provided to us, I believe that HB 477 clarifies this distinction and should be a logical solution. Let's watch and if there are obvious problems that arise when this law takes affect, we can work together to make the proper adjustments if necessary.

General Session 2011: Days 37 and 38

2011-03-03T16:50:00.000-08:00

The Hill is buzzing with anticipation as time runs out on the clock and legislation is being presented for passage or failure on the debate floor.

On Wednesday we held our final Political Subdivisions Committee meeting. The most noteworthy bill was SB 243 which puts a moratorium on Historic Landmark Designations in Salt Lake City. The Yalecrest ("Yell"crest) neighborhood erupted into a Hatfield and McCoy dispute recently over how the city was preparing to make the neighborhood a historic district. The neighborhood showed up to committee and gave passionate testimony on both sides of the issue. After voting the bill down on Monday, we received new information which prompted us to reconsider it on Wednesday where it passed out of committee with a favorable recommendation.

Wednesday also saw the ignominious death of HB70 - The Heavy Enforcement So-Called Arizona-Style Bill. Despite the bill being nurtured in weeks previous, the Senate Judiciary committee struck down the bill as "polarizing". You can listen to the Senate's brief comments on the bill HERE. The interesting side-story is that the Senate asked the bill sponsor to water down the wording in HB70 one more time and then put those words in a new bill with a new name. The senate has agreed to pass the new bill in its final compliant form.

At the same committee I was able to present HB48 - the Juvenile Fingerprints bill - for their consideration. You can listen to the audio presentation HERE. It was approved and will be heard on the Senate Floor.

Today we had a visitor. Shawn Bradley paid a visit to our Chamber. I am told that he once played a professional sport of some kind.

Finally, the House passed a GRAMA bill that makes common sense changes to the way the press access records of elected officials. Current law allows them to request personal records and exchanges. The changes in the bill will limit them to legislative business only.

The end game is in place for our immigration bill SB 60. The new "Omnibus" Immigration Bill SB 288 is due to be debated tomorrow. SB 60 is sitting safely "circled" on the Senate board and is ready to be pushed forward at any time. The bill was debated on the Senate Floor briefly today. You can watch the video and get a feel for where the Senate is going with immigration HERE. We will find out the fate of our bill likely tomorrow. Stay tuned for that.

Indian Attack: Lessons for Today From 150 Years Ago

2011-03-01T19:57:00.000-08:00

When the Mormon pioneers first came to Utah, they established relationships with the Ute Indians. Since the Indians were hunter/gatherers, they often suffered deprivation during especially harsh seasons. Often, the Indians would make attacks on neighbors as resources for their tribe became more scarce. In light of this, the pioneers established a policy of offering food and clothing to the natives to help meet some of their needs. As a consequence, the Indians tended not to raid Mormon outposts or emigrants even during harsh times.

Nevertheless, in the Autumn of 1862, during the Civil War, Utah experienced a marked increase in Indian attacks along the Overland Trail and other emigration routes across the territory. U.S. Troops from California were previously stationed at Fort Douglas in Salt Lake City to help protect the emigration routes and new telegraph lines that had been erected. They also were there to keep an eye on the "peculiar" people of Utah.

Colonel Conner, who oversaw the troops, decided to retaliate against the Indians that winter and to demonstrate to the tribes that the U.S. would not stand idly by while these attacks occurred. He ordered his troops to Cache Valley where they attacked the Indians at their winter camp along the Bear River. Almost 300 warriors were killed in the assault. Although they prevailed, Colonel Conner's men suffered heavy losses at the hands of the Indians and many more men suffered amputations due to frozen feet.

In commenting on the presence of U.S. troops, Brigham Young had this to say:

"I will, comparatively speaking, take one plug of tobacco, a shirt and three cents' worth of paint, and save more lives and hinder more Indian depredations than they can by expending millions of dollars vested in an army to fight and kill the Indians. Feed and clothe them a little and you will save life; fight them, and you pave the way for the destruction of the innocent." - Journal of Discourses Vol. X

This quote got me thinking about the context of their situation and what lessons we can draw from them for today.

Federalism

It is clear from history that the pioneers knew better how to handle the Indian situation than the Feds did at that time. Even today, 150 years later, we find ourselves as a state fighting a large, cumbersome, and ineffective government who is unaware or ambivalent to local solutions to Utah's current problems. Not much has changed.

Charity

The pioneers and the Indians came from very different cultures and backgrounds. They competed for scarce resources initially. However, rather than using their technological advantage to destroy the Indians, the pioneers were able to share some of their resources and help the Indians survive during harsh seasons. We might imagine it would have been ideal for the pioneers to purge the land of the Indian nuisance. Nevertheless, the cost-benefit ratio of charity outweighed that of idealism.

In many ways, today's immigration debate is being framed in this same context. The result is that the hard edges of idealism are giving way to the cost-benefit advantages of charity...which is probably just how Utah's pioneer forefathers would have done it.

Banter: Debate on HB 191

2011-03-01T07:30:00.000-08:00

Here is a fun video clip from our debate on HB 191 - In-State Tuition for Undocumented Immigrants.

General Session: Day 31 - A Family Affair and Division On the Floor

2011-02-25T09:21:00.000-08:00

Today I was privileged to say the opening prayer for the day and have my daughters Hannah and Wynnie lead the House of Representatives in the Pledge of Allegiance. You can watch the opening of the meeting and the girl's performance HERE.

I also ended up on some radio talk show in Logan. The show had myself and an immigration reform opponent on the show. Unfortunately, I learned that not all radio hosts are created equal as 12 minutes of our 15 minute interview were consumed by the opponent's viewpoints with a last minute turnover of time to me for a couple quick rebuttals.

The floor also debated a much anticipated bill regarding In-State Tuition for illegal immigrants. The case was being made that undocumented kids that go to our high schools and graduate should not be allowed in-state tuition as a way to punish their parents for coming here illegally. A representative from central Utah offered an amendment that turned the intent of the bill on its head and would allow in-state tuition to kids whose parents had paid taxes for 12 months, a requirement we make of anyone coming to Utah to go to our higher learning institutions. It was such a contested issue that a Call of the House was ordered where the Sergeant-In-Arms was summoned to compel all members of the House to come to the chamber to vote. When the sponsor of this bill saw that the vote for the unfriendly amendment would pass regardless of all members being present, he withdrew the Call. You can watch the drama HERE. Here is the result of the vote on the amendment:

Once the sponsor saw that the provision passed, he "circled" his bill to stop further deliberations and the fate of the bill is now undetermined.

Finally, the wife and I ended the day with the Lincoln Day Dinner in Ogden with speeches from Governor Herbert, Senator Mike Lee and more. I also spent much of the evening explaining the immigration dilemma to constituents and helping everyone understand what has been happening on the Hill.

General Session 2011: Day 30 - The Run Down

2011-02-23T20:19:00.000-08:00

Today was an extremely busy day with lots of things to mention.

I was strolling through the hall today and bumped into Congressman Jason Chaffetz. I stopped and we had a good conversation about immigration before he had to run off to another meeting. Special thanks to a stranger in the hall for taking this photo with my Blackberry.

Also on the docket today was HB 116 another much anticipated immigration bill that is very much of the same design as our SB 60. In fact, if you compare the bills side by side, they employ nearly the exact same concepts except that SB 60 has most of the details of the program spelled out where HB 116 is a platform for fleshing out detail at a later date. I spoke very briefly in favor of the bill as it dovetails with our efforts. To my pleasant surprise, many of my colleagues spoke in favor of this type of approach. If you are up at 1am and have nothing better to do, you can watch the 2 hour floor date HERE.

In the end, the vote was favorable and the bill passed 43-28.

After floor voting time, I headed to the Senate Judiciary committee to speak in favor of our SB 60. The committee was small with only two senators present to get started. Toward the end of the meeting, three other senators arrived...just in time to cast their votes. You can listen to the meeting, which includes my introductory comments at 10:00 minutes HERE. My comments are immediately followed by Attorney General Mark Shurtleff. This was a very good meeting with great testimony. The committee voted 3-2 to pass the bill to the Senate Floor for a vote.

You can read the Salt Lake Tribune article on the meeting HERE.

H.B 48: Moving Fingerprints Forward

2011-02-23T05:11:00.000-08:00

I had the opportunity to present HB 48 - on the House Floor yesterday. I was the second to last bill considered before we adjourned for the day. Fortunately, my presentation went well and it was approved 69-0 and moves on to the Senate. You can watch the presentation HERE.

Photo of the Day: The Romneys

2011-02-21T14:06:00.000-08:00

Mitt and Ann Romney flew into Salt Lake City last week to plant some seeds regarding a potential presidential run in 2012. I was close by so I swung in to shake hands and introduce myself. Janis Christensen was kind enough to snap this photo.

Honesty in Policy: My Sole Republican Vote Against H.B. 70

2011-02-18T14:08:00.000-08:00

The House of Representatives today voted on H.B. 70, the much anticipated "Heavy Enforcement" Immigration bill. Many of us were in queue to speak on the floor and my prepared remarks were unable to be heard today during floor debate. I was the sole Republican to vote against this piece of legislation.

In lieu of hearing my words on the floor, here they are in written form:

There has been a major disconnect between public perception and what this bill really does. If you go outside of these walls the average person on the street believes the bill that we are debating today is the strong enforcement cure to our immigration ills. For nine months we have heard inflammatory rhetoric that has attended this debate and appealed to the fear and anger in our community. Yet, at this 11th hour we discover that in fact this bill will have no meaningful effect on the way law enforcement deals with illegal immigration. Is it any wonder then that the citizens of the state have such deep seated cynicism toward their government and this body? Don't get me wrong. I disagree with a punitive enforcement only approach to this issue, however, I still cannot agree to support a benign bill that masquerades as something that it isn't. It is my opinion that the people are being bamboozeled into believing this bill is more substantive that it really is. I ask that my colleagues in this room join me to vote down this piece of legislation.

H.B. 70 was amended last Friday with "may" provisions to tone down the impact. Today on the floor it was amended further to indemnify municipalities from litigation in the event that they don't enforce the provisions of the bill. In essence, this misdirected bill has been diluted to futility. The public is completely unaware.

General Session 2011: Day 24 - Some Good News

2011-02-16T21:25:00.000-08:00

After last week's beating, this week has been quite pleasant thus far.

On Tuesday, the Juvenile Fingerprints bill (HB48) that I sponsored was passed out of committee finally and will be heard on the House Floor in the next couple of days. You can hear the final committee meeting HERE.

This morning I presented our immigration bill S.B. 60 to the Conservative Caucus along with my other colleagues who presented their competing legislation. It was a very lively debate. One of my colleagues got down right testy and openly bad mouthed other competing bills. It was difficult to hold my tongue as he chose to use inflammatory rhetoric to make his case. In the end, I felt that his tone and railing accusations were best left to speak for themselves.

One of the big items we released today was the fiscal note for S.B. 60. Based on projections, we estimate that our immigration program will generate about $12 Million in new tax revenue after expenses each year. Here is a summary of those projections:

Another interesting item today was my attempt to open a bill file on the House Floor. The rules state that a bill cannot be opened this late in the session without a majority of the members of the House consenting. You can see the short video of my effort HERE.

Finally, the USA Today ran a nice article on our bill as well. Click to read.

General Session 2011: Week 3 Summary

2011-02-13T16:23:00.000-08:00

This week flew by. In fact, events are occurring so quickly that it seems almost dreamlike. I have a hard time reconciling my memory of events with a calendar. I also ended the week in total exhaustion.

One of the interesting developments in the immigration debate this week was the passing of HB70 (the so-called heavy enforcement bill) from committee on Friday. This bill has now become symbolic rather than substantive in its effect. The key changes in the bill this week were done by making detainment a "may" provision rather than a "shall" provision. It seems like a small change but the real effect is a remarkable diversion from the bill's original intent. Expect to see the status quo in detainment practices from law enforcement departments across the state. The "Deport Them All Now" crowd believes they are getting a tough law pushed through but in reality they are just getting symbolic gestures from those interested in playing to their emotions on this issue.

The watering down of HB70 is timely. The majority of the public is searching for other answers to this problem and more thoughtful (and less expensive) solutions are now on the table for discussion. We spent this week discussing SB 60 and HB 116 in a workgroup with the Senate to see if there is some common ground among the alternatives proposed. There will be more developments on this subject next week.

Finally, the last thing I did on Friday was attend the Judiciary Committee meeting for my Juvenile Fingerprints Bill HB 48. However, before my turn, I was treated to hearing the same committee eviscerate HB 59 sponsored by my good friend from Layton. Even with big names like Mark Shurtleff testifying in behalf of the bill, the committee was unimpressed and, after a torturous hour and half or meticulous cross examination, struck down the legislation.

This was the less-than-cheerful tone of the meeting in which I presented HB 48. Unfortunately, we also were walking into the meeting with a couple of marked disadvantages. First, I misunderstood the feedback I received from the stakeholders involved in our first committee hearing and made changes that needed further clarification. Secondly, Legislative Research neglected to release the bill for review until an hour before the meeting. The stakeholders and I had no time to adjust any wording. Thus, the scene was set for the near death experience of this bill. One legislator on the committee tried twice to kill the bill through a motion to "table" the legislation. You can listen to the experience HERE. I'll be back to the committee next week for a final attempt to get this to the House Floor for a vote.

An Unscripted Message

2011-02-10T06:10:00.000-08:00

This is what happens when party folks shows up in your office and say: "Hey, I have a video camera, go ahead and say something," The result is interesting.

General Session 2011: Day 13 - Bill Status Update

2011-02-05T13:05:00.000-08:00

I had some time to breath today and I thought I would sit down and account for where some of my bills are right now:

H.B. 45 - Vehicle Impound Amendments - This bill was heard at the Senate Transportation Committee on Thursday and was moved out of committee with a favorable recommendation for a vote on the Senate Floor next week. I anticipate it will pass without incident and be signed by the governor in March to become law.

H.B. 63 - Left Hand Turn Penalty and Sentencing - we held our committee meeting on this bill on Tuesday this week. A.B.A.T.E. came and supported us as well as Ron Brown who shared testimony about the passing of his son in a tragic accident. You can listen to our presentation HERE. We made a compelling case for enhancing the penalty when a death results in left hand turn accidents. However, the committee felt that increasing penalties was too punative and inconsistent so decided to hold our bill pending revisions. In my interviews with committee members after the meeting, it became apparent our bill could not move forward even with revisions. Basically, an overall shift in penalty policy is too big to be dealt with in this narrowly focused bill. In other words, our little bill was trying to move a mountain with a shovel. After discussing the issue with my constituents, we decided to let the bill die this year while we petitioned Legislative Research for an interim study on the subject. Our hope is that the research from other states will show that increased fines do cause an effective decrease in the number of deaths. With Legislative Research's credibility behind the study, and if the findings are favorable, it will lay the ground for a paradigm shift on how we fine motorists who cause death and bodily injury. We will see how the study goes and try again next year based on what we find.

H.B. 48 - Fingerprints of Juveniles - This has been a very interesting bill to run. I presented before the Judiciary committee and you can listen to that meeting HERE. There is a "saunter" portion while paperwork was being found so fast forward through that part. I had great testimony from Paul Rimmasch with Weber County Metro CSI and also some support from Rod Gordon on the Commission on Criminal and Juvinile Justice. The committee liked the intent of the bill. The problem was that whoever wrote this section of code prior to my arrival did a poor job and left lots of open doors for mischief to occur. The committee demanded that I fix the rest of the pre-existing language in the bill to their satisfaction. I will be working on that on Monday and hopefully have that back to their committee for approval next week.

S.B. - 60 Utah Pilot Accountability Permit Program - This bill is getting lots of local attention with national media outlets likely reporting on this legislation next week. This bill will be entering a Senate committee soon for a hearing. Most likely that will happen next week sometime. From there, if approved, it will be voted on the Senate Floor and then heard in a committee on the House side for an ultimate approval and then a vote on the House floor.

General Session 2011: Day 10

2011-02-02T21:11:00.000-08:00

Quite the day today. We held a press conference to announce bipartisan support for SB 60 which is an immigration reform bill sponsored by Senator Robles (D) in the Senate and which I am sponsoring in the House. Here is KSL's take on it:

Video Courtesy of KSL.com

Shortly after the press conference I presented my Juvenile Fingerprints bill to committee which fell under heavy scrutiny. I will be working tomorrow to amend the bill to appease the committee when we next meet.

The Case for S.B. 60: Utah Pilot Accountability Permit Program

2011-02-02T07:47:00.000-08:00

One of the issues that I promised my constituents I would address when elected was the immigration issue. It was made very clear going door to door that the voters wanted something done to achieve some meaningful change. Up till now, however, the debate has largely centered on an enforcement only initiative proposed by a legislator from Utah county.

Several weeks ago, I was made aware of a piece of legislation being run in the Senate that I believe is more effective and accomplishes what my constituents and Utahns really want from immigration reform. As I was visiting with voters during the campaign, I consistently ran into folks who were conflicted over how to deal with illegal immigration. On one hand, they wanted our government to do something about the faceless hoards of people streaming across our borders unchecked and causing problems in the community. Yet, on the other hand they hoped that their immigrant friends and neighbors would be unaffected by any enforcement because they were good people. This seemed like an impossible challenge to overcome. That is until now...

I would like to announce my sponsorship of Senate Bill 60 on the House Floor. SB 60 answers the question of how to maintain public safety while holding harmless those of good will. It is rigorous but fair legislation.

Here is a summary of the program (click image to enlarge):

In essence this bill creates a controlled environment in which undocumented immigrants will pay a fee to be screened. The bar will be raised on expectations as they will be required to learn English and basic civics. They will not have access to welfare and unemployment benefits. They will be given the option of participating in the program or being compelled to leave the state as they are shut out of the workforce. To give traction to the whole system, businesses who violate the program will be fined starting at $10,000.

I wrestled with this issue for some time before deciding to support this legislation and I understand that not all of my constituents will be happy with this proposal. However, I do believe that it will accomplish more to enforce the law and promote prosperity than the alternatives that are currently being presented. I ask for your thoughtful consideration of this proposal as we move forward in the debate on immigration. May we have a civil and insightful discourse.

2011 General Session: Day 5

2011-01-28T21:57:00.000-08:00

I can honestly say that this week has been the most rewarding, the most educational, and the most exhausting week I have had in a very long time. The routine consists of a 5am wake-up, a 45 minute drive to the Capitol, meetings starting at 7am and then things "winding down" around 6pm with another 45 minute commute home.

The week consisted of 10,000 new facts, 1000 opinions, 500 disagreements, 250 decisions, 125 new relationships, 50 invitations to events, and 10 missed meals.

Today was special because I had my first speaking opportunity on the House Floor. HB 45 came up for a vote on the floor and I had to introduce it to the House of Representatives and explain it.

WATCH THE VIDEO HERE.
(you will need RealPlayer to view - free download)

My introduction was convoluted by the fact that a typo was discovered just a few minutes before the presentation (somehow it was overlooked by our attorney staffers). I did not have enough time to prepare a written amendment and therefore I was left with a verbal correction. The situation was also complicated by the fact that the Speaker who controls the flow of the presentation was absent and had a substitute sitting in for her. The substitute "Pro Tem" Speaker was as surprised by my verbal amendment as much as I was by having to offer it. This awkward process got me a bit flustered and the rest of my presentation was not as polished as it could have been. Nevertheless, the legislation passed 60-8.

Next up are my HB 48 and HB 63 in committee meetings and floor votes next week.

Stay tuned for an exciting Tuesday announcement as well...

Passed: HB 219 - Symbols of Honor

2011-01-26T10:07:00.000-08:00

The House today passed Carl Wimmer's HB 219 which designates the Browning M1911 as the symbolic State Firearm.

Since John Browning has left such a legacy in Ogden, the State, and the Nation, I voted in the affirmative in honor of his contribution to our community and country.

NOTE: Be sure to click on the bill link to discover what our State vegetable, fruit, fossil, song, hymn, folk dance and other obscure designations are. Keep in mind that although I voted in the affirmative on this bill you won't find me occupying the House's time by proposing this kind of legislation.

The First Day of Session 2011

2011-01-24T18:24:00.000-08:00

I invited my family to attend our swearing in today at the Capitol. It was a wonderful experience.

Here is the oath which I took upon myself:

"I do solemnly swear that I will support, obey and defend the Constitution of the United States and the constitution of this State, and that I will discharge the duties of my office with fidelity."

Fun factoid from today:

The Judiciary reported to us that they are working to make the courts in our state completely paperless in the next three years. It's quite an ambitious, innovative, and forward thinking initiative.

Now on to the people's business...

New Bill: HB 63 - Left Hand Turn Penalty and Sentencing

2011-01-21T11:19:00.000-08:00

You can read this proposed bill HERE. (Underlined text is the new language.)

This is another constituent based bill that is designed to increase the penalty for those who kill someone while making a left hand turn.

In August of this year, Kenneth Cox, age 64, was driving on 1900 W near 2700 N. in Weber County. He was on his motorcycle while wearing his helmet. In the opposite direction was traveling a young female driver who was having a heated argument with her boyfriend. The female driver crossed a double yellow line attempting to make a left hand turn while crossing into oncoming traffic. Mr. Cox hit her car traveling at 55MPH. He had so little time to react that he was unable to engage his breaks. Mr. Cox died almost immediately from his injuries. The female driver, as it turns out, had no driver's license and no insurance.
...
On April 7, 2010, Zach Brown was traveling on 1900 W. in Weber County on his motorcycle while wearing a helmet. A female driver headed in the opposite direction attempted to turn left onto Midland Drive while crossing oncoming traffic. Zach hit her vehicle while traveling at 45MPH. He had no time to react could not hit his brakes. His body was crushed and he died from his injuries the following day. The female driver was licensed and had high-risk insurance.

These may seem like extreme cases but what makes these situations even more outrageous is that the drivers each received just a $90 ticket for failure to yield to oncoming traffic. Based in these cases, my constituents asked that the law be amended to address this discrepancy and help all drivers make wiser decisions when making left hand turns.

To do this, the bill addresses the penalty by doing the following for those who kill another person when a left hand turn is involved:

1. Increases the fine to $500.
2. Requires a 30 day suspension of license.
3. Grants the courts the discretion to suspend a license for up to six months based upon the circumstances of the case.

Hopefully, these measures will adjust the risk-reward ratio and enhance driver safety on our roads. No dollar amount can compensate for the loss of a loved one, however, perhaps a change in statute can encourage us to drive more defensively and save lives.

Potporri: Presession Update

2011-01-20T06:48:00.000-08:00

I visited the Capitol yesterday for several meetings. Here are some tidbits that you might find interesting:

1. No Patrick Henry "Litmus Test" - The Patrick Henry Caucus, which I am a member of, voted to change it's bylaws which required its members to vote 90% of the time with the caucus position. Obviously, this provision seemed heavy handed to many legislators and therefore it has been removed.

2. Rep. Frank Fried - The Republican caucus voted in a majority to redraw Rep. Frank's boundaries when session commences last week. The only problem is that law requires a supermajority of 50 votes to get it done. Based on the vote count in the meeting, this seems very unlikely. It was apparent in the meeting that the personal politics involved here hindering an affirmative vote. It appears Rep. Frank's last recourse is the courts.

3. Expect Cuts - Our appropriations subcommittee received recommendations from the Office of Legislative Research on where to cut programs that we oversee by 10%. The staff said that the departments heads offered no suggestions as to where to make cuts so they arbitrarily chose places they thought were best. I am sure this will make our discussions with the various department heads quite lively.

4. Immigration Debate - The immigration debate is about ready to get it's kickoff with a broad variety of opinions and sentiments. Look for interesting news on this issue.

There will be more coming soon....

In Defense of Sheriff Terry Thompson

2011-01-14T08:08:00.000-08:00

The row over Sheriff Thompson's letter is unfortunate. In his defense I conjure the words of Bill Federer:

"Tolerance was an Amercan Christian contribution to the world. Just as you drop a pebble into a pond, the ripples go out. There was tolerance first for Puritans, the Protestants, then Catholics, then Liberal Christians, and then it went out completely to the Jews. Then in the early 1900's, tolerance went out to anybody of any faith, monotheist or polytheist. Finally, within the last generation, tolerance went out to the atheist, the secular humanist and the anti-religious. And the last ones in the boat decided it was too crowded and decided to push the first ones out. So now you have a unique situation in America where everybody's tolerated except those ones that came up with the idea." - America's God and Country

Tolerance is a two-way street.

Life, Liberty, and Property: A French Perspective

2011-01-12T16:56:00.000-08:00

One of my legislative colleagues was gracious enough to give me a copy of Frederic Bastiat's work The Law. In the book, Bastiat launches a full frontal rhetorical assault against the French way of governance as conducted in his day in 1850.

So what exactly was the "French way" of governance back then? Lets listen to Mr. Robespierre, one of Bastiat's contemporaries:

"The principle of the republican government is virtue, and the means required to establish virtue is terror. In our country we desire to substitute morality for selfishness, honesty for honor, principles for customs, duties for manners, the empire of reason for the tyranny of fashion, contempt of vice for contempt of poverty, pride for insolence, greatness of soul for vanity, love of glory for love of money, good people for good companions, merit for intrigue, genius for wit, truth for glitter, the charm of happiness for the boredom of pleasure, the greatness of man for the littleness of the great, a generous, strong, happy people for a good-natured, frivolous, degraded people; in short, we desire to substitute all the virtues and miracles of a republic for all the vices and absurdities of a monarchy."

So, in other words, Mr. Robespierre's desire was to legislate the people into morality through the use of the force of law. The objectives seem well-meaning enough. However, the means of accomplishing them via lawful decree is counterproductive. Mr. Bastiat retorts:

"But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed - then the law is no longer negative; it acts positively upon people. It substitutes the will of the legislator for their own wills; the initiative of the legislator for their own initiatives. When this happens the people no longer need to discuss, to compare, to plan ahead; the law does all this for them. Intelligence becomes a useless prop for the people, they cease to be men, they lose their personality; their liberty, their property."

France in 1850 was a nation of many government programs. The economy was being micromanaged by government which made private profits a spoil of political dominance. The list of interferences in the economy included: tariffs, protection of industry, benefits, subsidies, encouragements, progressive taxation, public schools, guaranteed jobs, guaranteed profits, minimum wages, a right to relief, a right to the tools of labor, free credit and more. This all according to Mr. Bastiat's record.

In speaking of using the public treasury to pay for citizen benefits he says:

...the law is not a breast that fills itself with milk. Nor are the lacteal veins of the law supplied from a source outside the society.

In a very French way, he hits the nail on the head by declaring that public money doesn't just magically appear, but comes from private people...the taxpayers.

So how do we stack up today? Clearly France has had a more volatile history than the United States. Nevertheless, there are clear comparisons between his nation in 1850 and our nation today. Where would Mr. Bastiat have us go from here?

"And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works."

Frederic Bastiat died December 24, 1850 of tuberculosis shortly after The Law was published.

Whoops! Shapeshifting Map Renders Rep. Frank Flummoxed

2011-01-10T17:54:00.000-08:00

A bombshell was dropped on the House of Representatives this evening as it was disclosed that Representative Craig Frank has been mistakenly living outside of his legislative district for almost two years.

The narrative indicates that Rep. Frank consulted Utah County maps showing that land he was purchasing to build a home was inside his district 57 boundaries at the time. Unfortunately, it appears that the maps he was presented were outdated and erroneous.

However, one question that is not being asked is how were his neighbors, who also live outside district 57, able to vote for him instead of the representative of the district they actually live in? It is my understanding that up to 2,500 people in that Utah County neighborhood voted in the race for district 57 believing that they lived in that district. If this is the case, then Utah County has some embarrassing questions to answer as to how they allowed something like this to occur.

It also makes the case for a special session to correct the boundary mistake if indeed the voters believed they were casting votes for an eligible candidate because he lived in their neighborhood of which they believed to be part of district 57. It's important to note that the only way that the voters and Rep. Frank believed they were in district 57 was due to Utah County actions. Otherwise, the ballots would have had the correct names on them and the maps would have been correct.

This appears to be is a very serious and embarrassing county level fumble.

Economic Development: CSN Stores Coming to Ogden

2011-01-08T15:07:00.000-08:00

KSL reports that the online retailer CSN Stores will bring 266 jobs to a new distribution center that will be located in Ogden:

The Governor's Office of Economic Development Thursday announced Boston-based CSN Stores LLC will open a new western U.S. customer care operation and distribution center in Ogden.

CSN Stores is the third-largest online retailer of home goods in the nation, with more than 250 different shopping sites including Luggage.com, Cookware.com, AllModern.com and BedroomFurniture.com.

In 2010, the company's sales grew more than 50 percent, surpassing $375 million, according to a news release.

During the next two years, the company will create up to 266 full-time positions in northern Utah. Also, new worker training will be provided to CSN employees by the Utah Department of Workforce Services and the Applied Technology College resulting in up to 163 new full-time jobs in the next decade.

In addition, to those positions, up to 700 additional jobs will be developed over the 10-year life of an incentive agreement with the Governor's Office of Economic Development.

This is great news for Ogden!

New Bill: HB 48 - Fingerprints of Juveniles

2011-01-03T14:06:00.000-08:00

Wording for my new bill has been published online. You can read the bill HERE.

One of my constituents works for Weber County CSI. He has been talking to me about this issue for several years. However, recently there has been story that has brought new urgency to this issue. Apparently, a perpetrator was recently booked into Weber County as an adult on burglary charges. Since this was his first time being booked as an adult, his fingerprints were taken and put into our state Bureau of Criminal Information's database. Once there, a search was run and it was discovered that his prints matched 10+ unsolved cases where prints were taken from the scene but no match was found from perpetrators who had been caught.

Yet, this perpetrator had been caught before. However, he was a juvenile when he was apprehended previously. So why didn't his fingerprints show up in the system? His prints simply weren't taken by law enforcement.

I discovered in my interviews with law enforcement personnel that there is a widely held belief that juvenile offenders CAN"T be fingerprinted. If you read the law, you can see that this belief simply isn't the case. Nevertheless, there is a superstition about this issue that seems to pervade law enforcement. Therefore, the current practice is to apprehend, issue a ticket or court date, and then release the juveniles back to their parents without getting any prints along the way.

This bill aims to remove any hesitation that now exists when fingerprinting juvenile offenders after apprehension. This bill also adds gang crimes as an offense worthy of fingerprinting.

There are several benefits to having fingerprints documented:

1. It will prevent crimes from occurring by identifying perpetrators early and allowing for apprehension more quickly.
2. It should decrease property damage and should decrease insurance rates due to a decrease in claims.
3. It will put pressure on gangs who use juveniles to do their bidding. Many young gang member earn "stripes" by committing offenses to gain recognition within their particular gang. You can read more about that here. These types of gangs know that juveniles have been shielded from fingerprinting. These types of activities will not longer be "protected".

Probably the most interesting part of this bill is that all the people, hardware, and paperwork is already in place to make it happen. This bill will give them the nod to go ahead and do their job. It will hopefully make for quieter streets and increase justice in our society.

A Year of Tribulation: 1776

2010-12-26T06:53:00.000-08:00

I recently finished reading David McCullough's book 1776. This is a book I couldn't put down. It recounts the formation of the Continental Army and George Washington's efforts to rally his undisciplined troops as they laid siege on Boston, were defeated at New York and then rebounded for a surprise victory in Trenton, New Jersey. An amazing story. It's a miracle we are not a British Commonwealth country like Canada is today. The deprivation our forefathers endured for the cause of freedom is awe inspiring in and of itself.

There were a couple great quotes in the book:

"We must accept men as they are, not as we wish them to be." George Washington commenting on his troops.

"Whatever is, is right." - Alexander Pope alluding to our faith and acceptance of God's hand in our own life's events.

Pick up a copy of this book. It's a fast read and you'll feel like you are actually there experiencing the events.

Christmas: America's Immigrant Mash-Up Holiday

2010-12-22T08:09:00.000-08:00

I hope you are enjoying the Christmas season this year. With temperatures where they are, I feel like I should put the yule log away and break out the clovers and leprechaun decorations. Speaking of Irish things, I wanted to take a look at our Christmas traditions just to put them in perspective.

Interestingly, since the Native Americans had no Christmas traditions of their own, all of our traditions have come from other countries. What we have today is a potpourri of holiday practices from everywhere on Earth. It's quite an interesting history. Let's take a look at the time and origin of some of our favorite Christmas symbols:

1.  The Candy Cane                Germany     1600's   

2.  The Twelve Days of Christmas  England     1500's 

3.  Christmas Carols              Italy       1200's 

4.  Stockings                     Europe      1300's               
5.  The Christmas Tree            Germany     1500's

6.  Gift Giving                   America     1880's

7. Wreath                        Germany     1500's

8. Poinsetta                     Mexico      1830's

9. Mistletoe                     England     1700's

10. Rudolph the Reindeer         America     1940's

11. North Pole Legend            America     1880's

As you can see, many of our holiday traditions descend from Northern Europe.  Also interesting is that most of the German traditions stem from ancient pagan practices re-adapted for Christian meaning.

So how did all these traditions get to America?  Immigration.  The melting pot has produced quite an eclectic mix for us all to enjoy.  With current immigration trends and pop culture's knack for creating new icons, what Christmas traditions will be in store for our grandchildren?  Let me offer a couple alternative visions of the future:

Be sure to enjoy your Christmas Holiday (or Hanukkah for our Jewish friends) and God Bless!

New Bill: H.B. 45 - Vehicle Impound Amendments

2010-12-21T07:38:00.000-08:00

The Vehicle Impound Amendments bill I am running has been numbered as HB 45.
CLICK HERE TO READ THE BILL

NOTE: The bill is just adding some additional language into existing code. The underlined text is the new language. Everything else is already existing law.

Let me know if you have any questions or concerns. You can read more about the background on this bill HERE.

Op Ed: Stardard Wrong On Repeal Amendement

2010-12-15T08:01:00.000-08:00

My guest commentary was published in the Standard Examiner this morning (I am still waiting for a good link from their online live version). Here is the text:

I would like to thank the Standard Examiner for airing its opinion on the Repeal Amendment and State’s Rights. Although I completely disagree with the position held by the editorial board, the discussion affords us an opportunity as a community to explore this burgeoning issue.

One of the questions we need to ask ourselves as Utahans and Americans is this: At what point does the Federal Government overstep its bounds? A good follow up question might be: Do we as a people even recognize what those bounds are?

Fortunately, to answer both of these questions, we need to look no further to our high school text books or, hopefully, our own bookshelves for a copy of the Constitution. If we understand our Constitution, we can begin to understand the power structure that was put in place to best assure the protection of our liberties and our happiness as a people.

We are all familiar with the checks and balances provided by the three separate branches of government that make up our Federal system. Each branch is supposed to keep the power and influence of the other two branches from growing any more powerful than its own. But this just addresses the balance of power within government. What force is there to check the unlimited growth of power and influence by the Federal Government as a whole? Thomas Jefferson believed that the states of our Union could provide just that balance:

“It is important to strengthen the State governments…it must be done by the States themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves or by the General Government.” Thomas Jefferson to Archibald Stewart, 1791.

Yet, the Standard Examiner editorial board feels that the voters can simply vote out Federal Legislators and that will somehow resolve the issue of our bloated government:

“If voters don't like what a current U.S. Congress is doing, they have the right to vote federal pols out of office.” - S.E. Editorial Board

The problem lies in the fact that the new guy takes the reins of a government that is every bit as large as it was when his predecessor left. Voting out legislators does not reduce government programs, eliminate executive orders, or overturn judicial interpretation that all aim towards an enlargement of Federal power.

Even Alexander Hamilton, the supreme advocate of centralized federal government in his day said:

“This balance between the National and State governments ought to be dwelt on with peculiar attention, as it is of the utmost importance. It forms a double security to the people. If one encroaches on their rights they will find a powerful protection in the other. Indeed, they will both be prevented from over passing their constitutional limits by a certain rivalship, which will ever subsist between them.” (Alexander Hamilton, speech to the New York Ratifying Convention,

1788)

Indeed, we may be asking the impossible. The “rivalship” between the Federal and State level is mediated by the Supreme Court. Is justice even possible when the defendant in the case, the Federal Government, is also a party to the mediator? I think not. And so, over the past two centuries our government has been drifting ever so slowly, but surely, in the direction of ever more consolidated centralized Federal power. We should not rely on our Federal government to exercise self-restraint in this regard. Our Founders did not envision The New Deal, The Great Society, or No Child Left Behind when they signed our framing document. These have been possible only through subtle interpretation of the constitution and the collective acquiescence of the American people.

That acquiescence is coming to an end. Rob Bishop’s Repeal Amendment embodies the return of public sentiment to our Founding Principles. It will give the States the necessary tools to effectively counter-balance an overzealous and cumbersome Federal government. For this reason I support this cause and I hope that you, the reader, will do so as well.

Day at the Capitol: Up Coming Issues

2010-12-13T20:00:00.000-08:00

I spent the day at the Capitol with my legislative colleagues and fleshed out some of the issues that will be addressed during the Legislative Session starting in January. Here are some interesting points we discussed and some things you can look forward to:

$313 Millions Budget Deficit - The state budget still has a revenue shortage of $313 million that needs to be addressed. Under current tax rates, we will need to cut another 7% from the budget. Look for more difficult belt tightening.

Immigration - We were presented with the 8th revision of a much anticipated immigration bill. Apparently, the bill has been made bullet proof to constitutional challenges.

No New Taxes - We voted as a Republican Caucus today to not raise taxes this year to meet the budget deficit. This is good news for everyone. Instead, look for more paired down state programs this year.

Federalism Issues - The issues surrounding Federalism seem to be gaining traction on the Hill. One legislator is investigating the possibility of Federal Tax Escrow accounts while another is proposing reawakening the Constitutional Defense Council.

Deferred Building Maintenance - To trim the budget and live within our means, the legislature has taken money from funds used to maintain buildings. We have deferred this maintenance for several years now and we were warned that this can only happen a couple more years. We will be forced to increase the maintenance budgets again or otherwise risk more extensive damage to state owned buildings.

Rejection of Governor Herbert's Tax Acceleration - Governor Herbert's budget called for one time acceleration of tax revenue collection by mandating that businesses pay state taxes quarterly rather than yearly. This accounting "gimmick" would add about $110 Million to this year's budget by pulling revenues from the future. It's a one time fix and also would add an additional $10 Million in collection burden to the business community. We saw that as an undue tax increase and committed to not support that measure.

Book Review: A Century of Service - 1860-1960 - A History of the Utah Education Assocation

2010-12-04T17:38:00.000-08:00

Ok, I will be honest with you. I did not "read" page for page this book. It is a 680-page encyclopedic diary of committee motions, board findings, leadership successions and other minutia that I felt were best left as a reference on the pages of the book than swimming around in my head. However, among the ocean of detail I did find a few noteworthy things.

Among them, the book extracts from the October 1921 edition of Review, a UEA publication, in suggesting a "Teacher's Code of Ethics":

1. The Constitution of the United States gives every man the right to life, liberty and the pursuit of happiness. If we choose to be teachers, we should show by our action that we are happy in our work.
2. Do not be a grouch; it will show in your work, your face, and your schools.
3. Make yourself so important to the people with whom you work, that they will feel your absence. The community you work in should be the best in the country.
4. Don't content yourself with knocking [criticizing]. You are only ringing your own death knell; for everything you knock out, you should build something better to take it's place.
5. Join the teachers association, and see that you help make it a factor for good by doing your full duty without complaint, that those who see our good work may help us to better conditions.
6. Make your work the first consideration all the time.
7. Remember that the privileges we enjoy have been earned by steady application to work for high ideals. Do not abuse the privileges we have. By better work and higher ideals, let us earn greater freedom. Remember always that increased freedom is always dependent upon greater responsibility.
8. Demand the standard of punctuality of your students and then be sure that you do all and more than you require of them.
9. Do not be a gossip carrier. The best of us sometimes make mistakes. Help the one who has erred back to a good healthy attitude.

My how times have changed! For fun, contrast these words to the legal disclaimer message of today's UEA code of ethics. Which one inspires you more?

It was refreshing to find this gem in the book. The "Code" from Review are words we all should live by, regardless of our profession. How pleasant would our lives be if everyone we knew at work lived by these basic rules?

Finally, here is a departing fun factoid from the book: In 1875 Utah had 236 School Districts, 458 teachers, 19,278 students, and 65 children per school.

I am grateful to the owner of this rare book who loaned it to me to peruse.