The Senate Site

Budget Report to the Board of Directors

2010-03-15T10:58:00.000-06:00

It didn't come easy, but the state budget is balanced.

Here is a pretty clear overview (PDF) followed by a committee-by-committee summary of the Utah State Budget.

Ghost Town: Monday after Session

2010-03-15T10:30:00.002-06:00

Friday Morning (OK, afternoon...) Workout

2010-03-12T13:28:00.003-07:00

Out of Context: Some Legislative Levity (Gehrke on Sen. Liljenquist's serenade)
Watch it here at the Senate Channel
Hesterman Report on the legislative session (SenateSite)
Daily Herald: Lawmakers finish up 45 days of heavy lifting
KUER: 2010 Legislative Session Ends
KSL: Lawmakers: The 2010 Legislative Session was a success
Bernick: 2010 Legislature to be remembered for budget, ethics
Fox13: Utah's 45-day legislative session coming to an end
SLTrib: The states' rights session
Davis Co. Clipper: 2010 Legislature
Daily Herald: Herbert: First session went well, even with tobacco tax increase
Roche: Gov. Gary Herbert listens, compromises in first session as governor
KSL: Utah legislative Democrats say bipartisanship hit a high note
SLTrib: E-Verify bill clears Utah House, ready to be signed
DNews: Lawmakers urge feds to relinquish disputed rural roads
DNews: No dollars for new state road projects
St. George Spectrum: $35M approved for DSC building
Daily Herald: UVU science building close to a done deal
SLTrib: School districts to get break on funding rules
KCPW: Lawmakers Reach Deal on Charter School Funding
DNews: Lawmakers drop charter issue to resolve education budget
Schencker: Schools' budget spared heavy cuts
DNews: Charter schools get boost in funding, seat on board
KCPW: Last-Minute Effort to Ban Paid Union Leave Fails
SLTrib: Utah Legislature calls on Congress to allow local control of old roads
DNews: Animal euthanasia not limited to lethal injection
SLTrib: Utah senate rejects animal euthanasia standards
SLTrib: Utah lawmakers urge health care transparency
DNews: Teen cell phone bill fails
SLTrib: Driving-while-phoning ban fails in Legislature
SLTrib: Teens get break on skills test
KSL: Utah bicyclists won't be allowed to run lights
SLTrib: State pension plan gets overhaul
DNews: Higher education dealt minor changes, remains optimistic
SLTrib: Utah senator-grading bill ready for signature
DNews: Herbert won't veto cigarette tax hike
SLTrib: Herbert expects to approve $1 per-pack tobacco tax
DNews: Lack of support dooms anti-affirmative action proposal
SLTrib: Utah backers of amendment to ban affirmative action abandon fight
KCPW: Equalization Repeal Law Passes After Several Revisions
DNews: Student reading bill passes
SLTrib: Lawmakers approve transit-oriented districts
DNews: Legislators approve DNA collection bill
SLTrib: Independent panel gets OK, cap on gifts fails
Davis Co. Clipper: Rob Miller: The ‘best’ and ‘worst’ of the 2010 Legislature
Davis Co. Clipper: Todd Weiler: The ‘best’ and ‘worst’ of the 2010 Legislature
Tooele Transcript: Big election year kicks off Friday
KCPW: Bison, Deer, & Bighorn Sheep Hunting to Be Allowed on Antelope Island
KSL: Ban on nicotine-flavored candies fails to pass

Last Day of 2010 Session part-2

2010-03-11T23:53:00.000-07:00

Sine Die

2010-03-11T22:59:00.000-07:00

Sine Die - ADVERB: abbr. s.d. Without a day specified for a future meeting; indefinitely: The Senate adjourned sine die.

Final Day of the Legislative Session

2010-03-11T12:10:00.000-07:00

Today will move fast. Twitter is probably the best way to track it.

Hesterman Report - Final Look on 2010 Session

2010-03-11T12:03:00.007-07:00

As the 2010 Legislative session comes to a close I wanted to share with you some of the sound bytes from the session that stood out to me. In the final Hesterman Report you'll hear about the budget, State's Rights, and Ethics. Listen here. (MP3)

Last Day of 2010 Session part-1

2010-03-11T12:03:00.006-07:00

Media Briefing: March 11

2010-03-11T12:01:00.002-07:00

Today's media briefing included President Waddoups and Senator Jenkins recapping some of the accomplishments of the Senate during this session. Also, Senator Stephenson spoke on SB 2. Watch the full briefing here. Listen to it here. (MP3)

Senator Stowell on Streambed Access

2010-03-11T10:55:00.001-07:00

By Dennis E. Stowell
Senator, District 28

It is important that we bring the escalating confrontations between property owners and recreationists to a close. SB 141 affirms the right for a person to float or fish, while floating in public waters over private property. It also is designed to confirm the constitutional protection for private property owners.

Recreationists should know that they can still gain access to areas of rivers on private property through a program run by the Division of Wildlife Resources (DWR) called the “Walk-in Access” program.

This is how the Walk-in Access program works: The DWR can lease a tract of private land for hunting, trapping and/or fishing privileges for the use of public recreation. Those who travel on foot, hunters, anglers and wildlife watchers can enter and use the land without obtaining special permission or paying a separate fee. This partnership between the state and private landowners helps maintain important wildlife habitat on private lands and improves public access for wildlife-related recreation on private property.

Fishers should also know that there is still access available on streams that flow through private lands without walk-in access. Where access has historically existed, anglers will be able to walk within three feet of the water on either bank, and are also able to port around obstacles.

This bill is not meant to create dissonance between recreationists and private land owners. This bill is about ensuring that private property owners are receiving the constitutional protection for private properties. Thus making certain private property is not taken or damaged for public use without just compensation. Anglers are still welcome to enjoy the rivers and streams in the state of Utah but are expected to respect the rights that belong to those that own the property on which they use.

To further help open private areas we have passed SB 281 – Public access to Stream Beds, Utah Waterways Task force. This task force will be made up of 12 legislators that will study, during the 2010 interim session, areas of the state which have conflicts between fishermen and landowners. The task force will hold public hearings to allow the landowners and fishermen testify about the conflicts in these areas. This process will help the legislature better understand how the problem may be solved. The task force will also address funding issues in regards to expanding the DWR Walk-in Access program, funding to permanently purchase access rights from landowners, and establishment of cooperative fishing management units (CFMU’S).

Public Hearings for areas being studied will be announced on the Senate Site as they are scheduled. Please be involved.

Extra blessings for the final day of session

2010-03-11T10:44:00.001-07:00

Staff Highlights: Secretary of the Senate

2010-03-11T10:43:00.004-07:00

By Krystle Whitney
Intern in Exile

As the final member of The Circle, Secretary of the Senate Annette Moore was pretty tough to track down for an interview. With illness, session duties and my being stationed in Exile, I count it close to a miracle that we were able to meet up.

Having a long history with the Utah State, Annette is a key player and source of stability. She supervises session staff, certifies the transfer of bills from Senate to the House of Representatives and enforces Parliamentary Procedure (having read and learned the 100 page manual). With this being her 19th Session, she said she is always learning new things about the Legislative process.

"In 19 years I have not missed one day of Session...if you’re sick you just come to work," she said. "But, there’s been a virus going around and I was one of the unfortunate ones and I was just really impressed by the way the staff...just stepped up. I was impressed by the team effort."

To hear more about Annette’s Senate Highlights or her favorite “funny moment” during her 19-years of working for the Legislature, listen to her interview above.

Click HERE for the podcast.

Last Day of the Session Workout

2010-03-11T00:00:00.000-07:00

The Final 24 Hours
KCPW: Senate Votes to Keep Pay the Same
Daily Herald: Lawmakers vote to keep last year's pay cut
ABC4: Utah legislators decide not to take pay hike
KSL: Winners and losers of the 2010 Legislative Session
SLTrib: Senate backs new campaign finance reporting rules
SLTrib: Regents could get more rural
DNews: Public education budget bill comes down to last day
SLTrib: Will charter schools sink education funds deal?
DNews: Districts to help fund charter schools?
ABC4: Lawmakers make 10 million dollar cut to public education
DNews: Senate Oks bill limiting scholarships
KCPW: Teachers Will Still Get Paid Association Leave
SLTrib: Anti-gang measure heads to guv's desk
DNews: Gang prevention bill passes
SLTrib: Legislature approves holiday for Browning
KCPW: Watered-Down Prosthetic Parity Bill Clears Senate
SLTrib: Senate paves way for road upgrades in Salt Lake County
DNews: Rally at Capitol urges lawmakers to address climate change
Fox 13: Utah House resources Rep and former SLC Mayor debate climate change
Standard Ex: Antelope Island hunting part of budget legislation
Out of Context: Political Cornflakes
Sausage Grinder: Morning of the Last Day

24

2010-03-10T23:28:00.002-07:00

Day 45. The final day of session. The Senate will work on House Bills. The House will work on Senate Bills. We'll concur (or not) with House amendments to Senate Bills. The House will concur (or not) with Senate amendments to House Bills.

Watch for conference committees throughout the day. (A conference committee is the small negotiating team that will resolve differences between House and Senate versions of a bill.) In a bygone era you could find them by listening for the shouting. These last few years - not so much.

Leadership of both bodies will trade priority lists. Senate Leadership will prioritize senate bills for the House to consider. House Leadership will prioritize house bills for the Senate to consider.

Bills are debated and acted on faster than normal. You’ll see hopes rise and fall as the clock hurtles toward midnight.

We might end early this year. We'll see. The state constitution indicates the last possible moment we can vote a bill up or down is the stroke of midnight.

Follow along on the Twitter Site.

Or watch or listen live via our official site. We'll be here all day, if you need us.

It's been a tough but productive session.

Thanks for paying attention.

The Phantom Student Phase Out

2010-03-10T21:07:00.005-07:00

Senator Howard Stephenson explains the Phantom Student Phaseout and fair funding of public schools in SB2.

Share the Youtube version of the Video by visiting here.

Senate Floor Action: How to track your bills

2010-03-10T20:57:00.000-07:00

We've been documenting senate floor action (here, here and here).

As the final End of Session Crescendo arrives, here are a few pointers on gathering all that vital information for yourself.

Visit the Audio & Video Archives

1. Visit the Legislative web site.

2. On the far right side, you’ll see the “Quick Links” section. Listed under this section is "Floor Debates." Click on the Senate tab.

3. On this page, fill in the desired Legislative Session year and date.

4. Once you have chosen a specific day, all floor action of that day should show up with options to view each action (or bill debate) either visually or with audio.

Bill Search and Bill Status Page

1. On the right upper corner of the Legislative site, you’ll find the “Quick Bill Search” section. Type in your bill number, name of the sponsor or the subject of the bill into the search box. Easy as pie.

2. Click on your bill.

3. Now you're at the Bill's info page. You'll be able to . . .
Upload and read the actual bill in PDF or HTML format.

Track bill status to see where the bill has been or where it is headed and track the tallied votes it has received.

Listen to debates on the bill, either while it was in committee or on the Senate floor.

Have updates bill sent to your email address.

Etcetera. Check it out. Here's an example.

More Tracking Tools

On the left side of the Legislative site, mouse over Bills and check out the options.

The Reading Calendar

"What bill are they on now?" Also easy as pie to find out. Go to the Reading Calendar. Put a check in the House or Senate "Display Board" box. Now you know. You can see the vote count here too.

On the left side you can also check boxes to view a live video feed, list of bills to be discussed next and indications as to which bills are circled, and links to the text of all the bills on the calendars.

Leave a comment if you have any questions.

March 10, 2010

2010-03-10T20:15:00.000-07:00

Staff Highlights: The Circle

2010-03-10T16:06:00.007-07:00

(click picture for sound)

By Krystle Whitney
The Intern in Exile

The Circle (which actually isn't a circle at all but a elongated semi-circle) refers to those sitting in front of the Senate dais right below the Senate President. The three individuals who make up The Circle are known (amongst the Senate staff) as holding the most prestigious clerical positions. It consists of the Secretary of the Senate, Reading Mending Clerk and the Docket Clerk.

Because of illness, availability and the diversity of each of their positions, I’ve decided to interview the two clerks and the Secretary of the Senate separately. Leslie McLean (Reading Mending Clerk) and Paula Tew (Docket Clerk) amend bills, receive communications from the House, manage Senate services, aid the Third House and bring a comedic side to the Senate floor, to name just a few of their responsibilities.

I personally have to admit that interviewing these ladies had to be one of my highlights of this Session. Listen to their interview and see why.

Click HERE for the podcast.

Media Briefing: March 10

2010-03-10T11:30:00.002-07:00

In today's Media Briefing Senator Jenkins gave the latest updates on the positions of the majority caucus and Senator Stephenson spoke on funding related to education. You can watch the full briefing here. Listen to the full briefing here. (MP3)

Wednesday Morning Workout

2010-03-10T08:03:00.001-07:00

Park Record: Session enters last days
Political Cornflakes: Political Cornflakes
SLTrib: Education funding: Guv, lawmakers salvage most of schools' budget
DNews: Education takes a small hit in final budget
2News: Legislature Taps Rainy Day Fund To Spare Education
DNews: Money for roads will now fund new buildings
KSL: Governor, lawmakers reach deal on education funding
Daily Herald: State budget proposal: Swap road projects for higher-ed needs
Standard Ex: Utah governor, lawmakers come to terms on budget, cigarette tax
Herald Journal: Legislature OKs FY 2011 budget
KUER: Governor, Lawmakers Reach Agreement on Public Ed Funding - Also, Teachers Paid Leave, Eminent Domain, and How to Catch A Fish
Stewart: Bill regulating teacher union rep funding fails in House
Daily Herald: Gov. Herbert will decide if Utah jumps into federal land lawsuit
SLTrib: Eminent domain bill ready for governor
DNews: Senate approves eminent domain bills
SLTrib: Senate approves bill to condemn federal land
KSL: Governor signs bill requiring financial disclosure
DNews: Bill would allow bonding for higher ed projects
SLTrib: Road funds to take detour
DNews: Legislation would allow closed auto dealers to seek damages
Gehrke: Utah Legislature OKs bill to reinstate Chrysler dealers
DNews: Lawmakers approve hike in waste fees
SLTrib: Senate backs restrictions on stream access
KCPW: Senate Approves New Streambed Access Bill
The Spectrum: E-Verify may become Utah law
KSL: Legislature puts a stop to real estate transfer fees
SLTrib: Senate blocks legal notices in free publications
KSL: Tension builds as Legislative session comes to a close
SLTrib: Guv inks bill to thin number of school tests

Senator Stephenson on SB 250: holding U.S. Senators accountable

2010-03-09T20:21:00.001-07:00

By Howard Stephenson
Senator, District 11

Article I Section 3 Clause 1 of the Constitution states:

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one Vote.

This process was chosen as a part of the Great Compromise in 1787 to ensure that checks and balances exist within our government: by having the state legislature elect senators to the upper house of the national congress this measure balanced the populist tendencies of the direct election of members to the House of Representatives. As officials are most accountable to those bodies that elect them, the intent was to ensure that focus on legislating for the States as whole and sovereign bodies rather than conducting broad and overreaching national programs that intruded upon the rights of the States.

This long-standing method came to end in 1911 with the passage of the Amendment XVII. It amended the Constitution to allow U.S. Senators to be selected by a direct, general election of the public at large. This turned out to be a far reaching shift in the balance of elected offices in the context of federalism. While the passage of Amend. XVII not only had the effect of putting Senators in a more direct, responsive relationship with the average citizen, it also limited the all too often corrupt influence Senators could exercise over the local races in their home state.

These laudable impacts are, however, outweighed by that which was sacrificed in the process: a vital link of cooperation and mutual responsibility between the Federal Government and State Legislatures. Today, rather than national Senators exercising undue influence over the election of state offices, national Senators appear to be too little interested in the needs of their respective States and their governing bodies. The misuse of the TARP and ARRA funds, lined and laced from one end to the other with pork-barrel projects and private Washington gamesmanship, is only the most recent in a “long train of abuses and usurpations.” Many of these projects are either blatantly unnecessary or simply unwanted by the states that they were so graciously “bestowed” upon—namely without their consent. Direct elections, far from making U.S. Senators more responsive to their constituents, appear to have actually distanced them from their duties.

A full scale repeal of the long entrenched Amendment would be inefficient and a reactionary measure at best. Rather than alter a well-established process of elections, why not reexamine giving the people new guards and securities against the responsibilities of their officials? Senate Bill 250 is designed to restore the efficacy of checks and balances between Utah and her federal officials. This bill will allow political parties to consult with their respective members of the Utah House of Representatives and Senate on the job performance of the Senators in Washington. Parties will then be better informed as to how the Federal Delegation is representing the State and that they pursue Federal policies that work in the best interest for the citizens of Utah. We all know that regular reporting by an outside observer—just as in auditing—keeps an agent honest towards his principal, and that is the principle at work in SB 250.

S.B. 250 will allow a political party to establish bylaws . . .

(1) . . . in order to rate and evaluate their elected legislators both in the state and nationally.

(2) . . . whereby members could rate their state senators and state representatives.

(3) . . . in order to rate and evaluate their national senators generally, as well as specifically regarding their performance and position on the state’s rights.

(4) . . . in order to rate candidates for the United States’ Senate races.

March 9, 2010

2010-03-09T19:30:00.000-07:00

Senator Valentine on SJR 19: slight but significant change to the Ethics Complaint Process

2010-03-09T18:04:00.001-07:00

By John L. Valentine
Utah State Senator, District 14

Senate Joint Resolution 19 - Joint Rules Resolution on Ethics Complaints clarifies SJR 3. To remove possible criticism about the process, this bill requires any new ethics complaints to go directly to the Independent Legislative Ethics Commission rather than going through the Senate or House legislative ethics committees first. In my previous bill, the legislative ethics committee chairs served as the gatekeepers during the filing period. However, I believe we want to make the commission truly independent by giving them the primary authority to investigate ethics complaints against members of the legislature.

Along with the change in the initial filing, this resolution also provides that the chair of the commission will provide notice of a filing of an ethics complaint – confidential, no names or details until publicly disclosed by the commission – to the Speaker of the House or the Senate President as well as the chair and vice-chair of the legislative ethics committee.

This bill passed the Senate today unanimously and is headed to the House for their consent.

Run for the hills! It's HB 150

2010-03-09T17:45:00.000-07:00

The much-talked about HB 150 passed the Senate this morning. We've heard some valid concern about this bill, mixed with a little healthy paranoia and some outright misunderstanding.

Here are some facts:

HB 150 is designed to give law enforcement a technological tool to investigate not only sex offenses against children but also child kidnapping and stalking activity. Criminals have expanded their criminal activities with technology (text messaging, emails, access to internet) and it is important to expand law enforcement's ability likewise to include electronic communication devices such as cell phones as well as being able to trace email addresses.

HB 150 does not violate the Fourth Amendment. The bill does not go after content. It only covers contact information such as name, phone number, email address, bank account identifiers and location of suspected offenders (of the three listed crimes: sex offenses against a child, kidnapping of a child, and stalking). The electronic sources being used are cell phones, smart phones, PDA's and email addresses.
Additional content can only be obtained only through court orders/warrants.
Other states that have similar laws in place: Florida, Idaho, Massachusetts, Minnesota, Nevada, North Dakota, Kentucky, Virginia, and Wyoming.
Most of the major providers of electronic services have service contracts advising customers that the providers will cooperate with law enforcement in criminal investigations.
Every federal court that has addressed this topic has ruled that subscriber information to an internet provider is not protected by the Fourth Amendment. The internet provider is a third party and there is no legitimate expectation of privacy in non-content information

Hope that helps. You can watch the Senate's floor debate to this bill here.

Staff Highlights: Senate Hostesses

2010-03-09T16:51:00.007-07:00

(click picture for sound)

By Krystle Whitney
The Intern in Exile

If you’ve listened to past “Staff Highlights” interviews this Session, or if you’ve looked at the colorful pictures published on our Picasa Site, you’ve probably guessed that a big highlight to working with the Senate is the amount of food we share with each other. And who better to prepare and distribute these delicious treats than the Senate Hostesses Evoline Gardner and Katherine Gardner (no relation).

“I don’t think people realize how hard everyone works,” Katherine said. “That’s one of the things that has impressed me in the two years that I’ve been here; the wonderful people that are working very hard to bring all of this about in just 45 days.”

Joking that their highlight for Session this year was the amount of chocolate milk they were able to hand out, they both said they have enjoyed getting to know the Senate staff and are impressed by the help everyone offers for each other.

To listen to their highlights and learn more about their position, click on the audio above.

Or click HERE for the podcast.