Welcome to The Senate Site

By Lyle Hillyard
Utah State Senator, District 25

Last session, I sponsored a bill in cooperation with the State Board of Regents to create a $1000 scholarship for high school graduates who complete a rigorous course of study for their 4 years in high school and have a good citizenship component to their school attendance. We decided to make it available to those who comply with the requirements with this graduating class mainly to see how it would work and to create some interest in the program. We have been very pleased to see the interest and the number who qualify. It will take all of the $900,000 that was allocated to the program this year. We will need more money to continue the funding, although the bill was written so that the Board of Regents can reduce the amount of the scholarships if those who qualify exceed the available revenue. An interesting question came up.

To qualify, each student is required to take 4 years of rigorous math. Several students completed difficult AP classes their junior year and thus did not take math their senior year. Do they qualify? I have recommended to the board, based on the budget and the fact that this exemption was not considered when the rules were announced, (hence there are probably many more students who would qualify if we made this exemption), that we not make this exemption. We should consider it carefully and if the decision is made to expand the qualifications, we do so in the future.

I really had two purposes in sponsoring the legislation. First, to create a new mind set in students beginning 9th Grade so that they would be thinking of this scholarship and change behavior early on. Granting the scholarships this year by expanding the qualifications won’t necessary accomplish that. Second, I believe we need to help students with the rapidly rising tuition costs. It would be very difficult to reduce tuition. This money will go to our graduating high school students and will be used for tuition costs for Utah post-secondary education including UCAT schools. Granting the scholarships to graduating students now accomplishes this goal. We are receiving very positive feedback from guidance counselors in high schools and believe the first year grants will create an interest and compliance with current students looking forward to their graduation and future educational training.

States who have started these programs have found two big problems. First, they make the scholarship a percent of tuition so that as tuition goes up, so do the costs of these scholarships. Second, they make the qualifications too easy so that in the end almost every one can qualify. We have avoided both problems with this bill but as we make exemptions, we raise the second challenge. It may be that some AP may qualify. As a college student, I did very well in all of my advance math classes but when I returned to USU after 2 ½ years on a LDS mission in Holland, I was very concerned that I had forgotten quantum mechanics. That made law school more inviting than to continue with my major in physics. Then someone raised the issue of concurrent enrollment qualifying. The Regency Scholarship program in my mind is to help students with the raising costs of tuition but more importantly to spur them on to better performance in tougher classes while in public education.

What do you think?

"Utah is laughing."

In 2000, the total appropriated budget for Public Education was $2,144,523,100.

As of this year (FY 2009), the appropriated budget is up to $3,712,949,800, an increase of 73.1 percent.

In the same time period, student enrollment increased 15.7 percent.

More from Senator Urquhart on performance-based pay:

Districts and Charter Schools have turned in their plans to implement performance pay measures. Those proposals can be viewed here. They are all over the map – and that is a great thing! Utahns don’t lack ideas to improve public education (or passion about those various ideas), and this initiative provides a great opportunity to experiment with some of those ideas.

After the voucher vote, I’ve had many people tell me how happy or sad they were that vouchers failed. But, regardless of their position on vouchers, they often express a strong desire to figure out a way to pay the best teachers more money. Matching that desire with an appropriate and fair way to actually to do it is a huge and complex task.

Rather than have one group come up a plan, Utah will now run more than 87 separate experiments. WOW! . . . We’ll monitor those experiments, collect the results and determine next steps.

Read more.

Check out the plans.

By Lyle Hillyard
Utah State Senator, District 25

I noticed an article the other day in the newspaper raising the old issue: Should lame duck legislators still travel at state expense to national meetings when they will not be able to use that information in upcoming sessions as they will no longer be serving? The newspaper article made some good points, and I would generally accept those arguments.

However, I think there are a few other considerations that may have an impact. When I was first elected, I was asked by the President of the Senate to attend a national meeting of NCSL because the Senator who had been assigned to a particular committee could not attend. Although everything had been arranged beforehand, when arrived at the meeting I discovered a rule that does not allow a substitute legislator to vote on issues in the national committee. So while I could attend and participate in the discussion, Utah did not have a voice in that final policy vote. A legislator at the end of his or her term can still add value by representing the state of Utah in these national organizations.

Second, I have attended meetings and picked up material that I know will help other legislators who are interested in the issue. I just pass that information along to the interested member and they can use it. Had I not attended, the material would not have been provided to those who need it. I know from previous leadership positions that we try to make sure that every committee is represented and that legislators attend their meetings so that the three goals of attending national meetings are accomplished:

1 - To express Utah’s position on national and state issues,

2 - To gather knowledge of what is happening in other states so that this can be used in Utah, and

3 - To meet people who are experts in their own states so that as issues come up in Utah, there is reference in the other states for input on what they are doing to handle the problem.

My suggestion would be, rather than making an iron clad rule that lame ducks are forbidden to travel for the state, look at each case and make a reasoned judgment.

By Lyle Hillyard
Utah State Senator: Cache Valley

There have been several events in my life that have really caused me to stop and think about how fast time flies. The first was when I turned 30. Then again when my first child was married. They all pale in light of the trauma of attending my 50th year class reunion which occurred over the weekend.

The class of ’58 from North Cache High School had 145 graduates (this was in Richmond, Utah. In the olden days it was the farthest north of any High School in Utah but has since been replaced by Sky View High School now in Smithfield). It was reported at our dinner that 29 have passed away. Surprisingly to me most were due to cancer. The second-highest cause of death was accidents with car accidents being the highest. Of the survivors 85 sent photographs and 69 attended the reunion. Most with spouses. One traveled from Eastern Pennsylvania and many from out of state. 37 live within the friendly confines of Northern Utah.

I soon tired of asking people what they were doing and be told that they were retired. Most were still recognizable but some were totally so different that even though I had spent 12 years in school with them, I would have never guessed who they were.

After a fine, full evening and lots of talking, I came to this conclusion; it did not make much difference in what they did for a living or where they lived. People are a lot more important than things. The main subjects for discussion were their health and their families.

I wish someone would have told me that 50 years ago. They probably did but I did not care to listen then.

This just in . . .

News Release
July 10, 2008

CNBC Ranks Utah #3 Top State for Business
Other High Rankings from the Milken Institute, Business Facilities Magazine

Salt Lake City -For the second year in a row, CNBC has ranked Utah the No. 3 Top State for Business, recognizing Utah’s economy, high quality of life, and business friendly environment.

“This ranking highlights our constant effort as a State to maintain a strong economic foundation,” Utah Governor Jon Huntsman said. “Our unmatched quality of life, livability, and dynamic workforce make Utah a great place for businesses, employees, and their customers.”

Utah’s annual job growth is the third highest in the nation at 1.4 percent with the national average at 0.1 percent. While our state’s job growth is slowing, we continue to add jobs. Our unemployment is the third lowest in the nation at 3.2 percent, significantly lower than the national average at 5.5 percent. Utah provides businesses with a young, highly educated and hard working workforce pool, vital for continued success.

Utah was also recently recognized as No. 1 for Technology Concentration and Dynamism by the Milken Institute in their State Technology and Science Index, which gave the State a No. 8 ranking overall.

Business Facilities Magazine just ranked Utah as a top ten state in five core areas: Business climate, manufacturing momentum, most educated workforce, drugs and pharmaceuticals (top ten medium metropolitan area: Provo-Orem, No. 5), and medical devices and equipment (top ten large metropolitan area: Salt Lake City, No.2).

# # #

By Lyle Hillyard
Gardener

I have been out of town for several days and could not believe my eyes when I saw my garden yesterday. It seems like once the irrigation begins, the garden grows up by the day. My strawberries are about done, as is the rhubarb. The potatoes have blossoms and that usually means that I can dig new potatoes. That will be the project this week. The peas are in pod so creamed peas and new potatoes will soon be on the table.

The reality of living in “cold” Cache Valley came home on the 4th of July which we spent at our daughter’s home in Centerville. Their garden is months ahead of ours. They even have tomatoes soon to be ripe and ours haven’t even begun to bloom. We trade our new potatoes and raspberries for their tomatoes and cucumbers. This year with food prices and the concern about shipping costs, we may find ourselves thankful for what we have produced and maybe willing to eat of potatoes and carrots that we dig up under the snow and leaves and not be so dependent on the food in the grocery store that is shipped in from Chile.

Call me next March if you run out of food.

The sun never shone on a cause of greater worth. ’Tis not the affair of a city, a county, a province, or a kingdom; but of a continent—of at least one-eighth part of the habitable globe. ’Tis not the concern of a day, a year, or an age; posterity are virtually involved in the contest, and will be more or less affected, even to the end of time, by the proceedings now.

A group of elected officials, including Mayor Kent Money, Senator Waddoups and Senator Buttars met with the governor today to talk about delaying the Jordan District split. They presented the governor with a petition and information showing stark imbalance in student enrollment, building needs, and taxable property value between the two new Jordan School Districts.

Here is a PDF of the information.

When you have that up on your screen, click on Senate Radio to hear Senator Waddoups explain the numbers. (Here's the MP3).

By Lyle Hillyard
Senate Chair of Executive Appropriations

While the issues of mission creep are always involved with any discussion about challenges for Higher Education, Utah has two movements that will really test the future of this state. First, are the smaller schools that feel they need to expand their offerings and become what their area must have to be competitive. We have been able to address some of that needed expansion with the large amounts of new money we have been receiving.

Those days are gone for now but the pent up demand is still there. Where will we get the money? Each of the big schools can also show that they also have unmet needs that require that they receive a substantial boost in funding. While every legislator is supportive of higher education, they seem to be more supportive of the schools in their area or where they attended than for the system as a whole. If we begin taking money from one and giving to another for what ever reason, it will create war and could risk stopping the good system we have had since 1969 of a Board of Regents to govern all the schools.

The other challenge comes from the UCAT’s who want to pull away from the control of the Board of Regents but still offer credit to the students who want it so that they can transfer that credit to one of the regular colleges as they progress towards graduation. That is currently being handled by articulation agreements between the various UCAT schools and a higher education facility. If the legislature gives a blanket approval for such a transfer of credit, I am concerned that we could jeopardize the credibility of these current schools to have their graduates move on out of state into graduate programs with this credit on their transcript. A second problem in my view is if teachers at the UCAT programs are teaching classes that have the same credit as classes at the local universities then why should they not be paid the same and why should the students not pay the same tuition? I am concerned that after this expansion is completed, some one will come to the legislature and say we need a new program that focuses on technical training where students are trained in skills that they need so they can move right into the workplace. UCATs provide an important service that could be lost with a change

I wish the Board of Regents good luck as they try to handle these issues and then present their recommendations. We do want what is best for the students, economy, and educational establishments of the state. We are talking about big bucks here.

DNews.

Deseret Morning News:

. . . the current 'one size fits all' approach doesn't offer enough incentive. It's time teachers who are worth their weight in gold get paid that gold. Just as it's time for teachers who simply 'phone it in' to be bucked from the horse so true professionals can run the show.

Salt Lake Tribune:

For the first time, Utah school districts are seriously considering how they can distribute bonuses or pay raises to teachers based on how well they do their jobs.

. . . That would benefit not only dedicated, talented teachers but also their students, as mediocre teachers would sharpen their skills in order to earn more money.

. . . [But] there are two myths that must be dispelled before merit systems can be effective. The first is that there are no mediocre or poor teachers in our schools. The second is that, even if there were, there is no way to differentiate between them and the excellent teachers. Both these myths have been used by teacher association leaders to undermine past efforts to adopt effective merit-pay plans.

SLCSpin:

Until recently… honestly analyzing public schools, their teachers, and administrators

was never done in polite society…

Those days are over. Finally.

On Washington Post's D.C. Wire:

The U.S. Supreme Court today did not release its long-awaited ruling on whether the District's handgun ban violates the Second Amendment. That means the potentially landmark decision will almost certainly come tomorrow morning when the court is planning to issue the last of its rulings for the term. The case, District of Columbia v. Heller, which was argued nearly four months ago, could settle the decades-old debate over whether the Second Amendment grants individuals the right to own firearms.

Utah's Constitution - BTW - is pretty clear on the "individual right" question.


[Thursday morning update:] Here's the decision.

By Lyle Hillyard
Utah State Senator, District 25

Last Friday, I came home from my brisk 5 mile walk and sat down to a great breakfast of Cheerios and raspberries from my garden. I looked at the two most important parts of the Herald Journal and the Deseret News (obituaries and letters to the editor) and did not see my name so I knew it would be a good day. I scanned the rest of the paper and, to my surprise, saw that I was mentioned in an editorial piece by my friend Bob Bernick of the Deseret News. I was tempted to cut it out and send it to my grandchildren and see if they were impressed with me being called “well-respected” (I knew my children would not be) but then I realized that they work through a thing called the Internet so they would not even know what a newspaper was. Because of some of the things stated in the piece and the whole idea of a blog being used to "report news", I thought I should offer a response.

First, I am glad what I did was only a "minor issue." Actually the TC 23 is not issued by legislative staff or even us “bosses”. It is issued by the State Tax Commission which I believe is official state action. What I did was give my comment on what it showed and how I believe it should be handled in my capacity as Senate Chair of Executive Appropriations, and after talking with our non-partisan fiscal analyst staff. When I heard that the collections were down for one month only, I visited with the Governor’s staff to get their read on the event. They agreed with our staff that the revenue collections for the year are still within the ranges and until we know more any discussions would be pure speculation. More numbers will be available in August.

You may remember that the same cash flow for the end of April showed clearly that we would end the fiscal year with a surplus. There were also concerns that new withholding tables and new collection methods may have caused the downturn in collections - it may have had little to do with a serious downturn in the economy. We all agreed that the revenues had been so allocated that we would have enough surpluses to cover to the end of June so there was no need to panic and stop spending on the budgets approved during the session. I was also concerned that the wrong signal – panic, panic, we are really losing money and hence going into a recession even in Utah – could become self-fulfilling prophecy.

Second, the memo given to the members of Executive Appropriations included the full House and Senate Democratic Leadership. Any one of them could have asked for the item to be discussed during the meeting under other business or talked about the memo. The legislative staff works for them as well (staff does a very good job about not taking sides).

Third, our State budget has a lot of input from the Democrats. I have found them just as interested in it being balanced and that we have surpluses to spend with a well managed State. If you checked the record, you will find most of them vote for the budget bill. I try to take a lot of time during the session and in the interim meeting on that side of the aisle, answering questions and accepting their suggestions. At least from my perspective and from what I have seen over the years, I think we work quite well together in creating a state budget.

As I drove home the day after we had announced my reaction to the TR 23, I was concerned when I heard on the radio that the budget chairman had announced that we could be $100.0 M down in revenue that no mention was made that we also could be up $70.0 M. I was pleased that we do do have a credible means to share information. We don’t have to sit back and listen to what news reporters choose to highlight or mention. We even encourage Democratic Senators to make their comments on this Senate Blog Site. Bob knows my cell phone and is welcome to call me any time he wishes to discuss reports or the lack of reports but even this old dog can learn new tricks.

If I can use the Internet to post information on a blog site anyone can and the reliance people have had to place on the printed or broadcast news can now be balanced from other sources. They can then choose what to believe and accept. As new revenue and budget numbers become available, I expect to report them on the Senate Site along with my recommendation on what to do with this information.

Missouri does it right. At the end of session legislators chuck their bills and paperwork into the air. Georgia does too. Stateline.org chronicles America's legislative end-of-session traditions like songs, skits, synchronized ceremonies and even the "Shroud Award" for the deadest bill. Minnesota is bugged.

Representing Utah, Senator Scott McCoy describes our final night awards ceremony:

"Interns in Utah’s state Senate award signed Certificates of Senator Superlatives at the session’s close, including honors for the best wardrobe, the most likely to vote no, and the “only person on the floor able to understand his bill,” among others.

"State Sen. Scott McCoy, a liberal Democrat in a state where two-thirds of the House and Senate is Republican, won an award from this year’s interns for delivering speeches most likely to fall on deaf ears.

"'I’m often a dissenting voice on a lot of things we pass.' McCoy said. '(But) all of (the awards) are in good fun and in jest, and a way to celebrate what is normally a high-intensity, short time-frame period of 45 days.'"

Representative Urquhart: Performance-based pay for teachers.

Wow.

By Lyle Hillyard
Senate Chair of Executive Appropriations

Utah enjoys one of the hottest economies on the planet, but we learned this week that we may not be completely immune from the larger national picture. State revenue collection for the last month has turned out to be slightly less than we expected it would be. We are still within the range we predicted last February, however.

More detail: The most recent Tax Commission Revenue Summary shows combined year-to-date General Fund and Education Fund revenues down 0.8% at the end of May -- lower than February's Fiscal Year 2008 growth forecast of 0.6%. Here's the report.

Our economists now predict revenue for Fiscal Year 2008 (which ends this month) will be in a range between $100 million lower and $70 million higher than the February forecast, with likely risks on the downside.

This is not a surprise. Some of us old timers have been through an economic cycle or two and you probably remember us worrying about it during session. I'm proud of my colleagues for supporting wise fiscal policies such as limiting spending, depositing $100 million into the Rainy Day Fund over the last two years, setting-aside another $100 million for next year, and carefully building a balanced budget. We're so old-fashioned we look progressive.

Bottom line: We will be just fine for Fiscal Year 2008, but we'll need to watch the cash flow collections like hawks. If it turns out we need to address the Fiscal Year 2009 budget we should be able to do so in the upcoming legislative session.

Interestingly, revenue collections at the end of April were slightly higher than we forecast - so we don't think this recent atypical drop can be completely attributable to the economy. Two factors that may have played a part are 1) recent adjustments to the state withholding tables, and 2) a new method of collection we just implemented.

We'll have a more complete picture for you when we close out FY 2008 (which is usually mid-August). We appreciate the citizens of this state who monitor the Senate Site and pay attention to what happens on Capitol Hill.

We'll keep you in the loop as the situation unfolds.

By Lyle Hillyard
Utah State Senator, District 25

As you all know, this has been a very slow spring for planting my garden (until last Saturday, I would not have called it a summer). With the constant rains, it has been too wet and too cold to work the soil and help many of the plants grow. I did notice that the rhubarb and the strawberries have done exceptionally well.

My father was a field man for Del Monte for many years in Cache County and told me that corn will only grow when it reaches 70 degrees. We have not had many of those days so far this year. As I see how poor the corn crop is in Iowa, I think my corn may be more valuable this year. My wife does a great job cutting it off the ears and freezing it for year round eating.

Some of the squash froze last Thursday night when it got to 32 degrees here in Cache Valley. Is it really June 12th? I could not go walking the other morning because it was snowing. And the morning before that, I could see my breath while walking. I refuse to wear a winter coat in June so I toughed it out in my sweatshirt. I hope with the sudden increase in the temperature that the garden will really take off. I can’t see many small apples on my apple trees so that causes concern. My son-in-law told me that he was trying to buy fruit trees the other day and was told that the tree lot was sold out. There seems to be a rush on fruit trees every year that employment becomes unstable because people are looking for ways to provide food for their family.

By Chris Buttars
Utah State Senator, District 10

When we first started to consider the split, both sides, I believe, were in agreement. Especially considering the purpose of the District split was to improve the educational process for the kids. Because it was originally perceived as being “all about the kids”, almost everyone voted for the split.

Unfortunately, it hasn’t ended up that way. In fact, as it stands today, it’s not about the kids at all. It’s all about the money. As the proposal stands today, and as reported by the East side to the press, the amount of money the West side would owe the East side could very well reach $300 Million!

Yes, you heard it right. The West side could be obligated financially up to $300 Million, payable to the East side. And this, before we even consider our own bonding obligations of somewhere between $500-600 Million over the next six years.

Now ask yourself if you were in this situation with a proposal that you had not even been allowed to vote on, and the proposal as it currently stands could cost you, upfront, $300 Million (payable to the East side district) and in your discussions with the other side telling you “if you don’t like it, then let’s go to mediation”, how would you feel?

That’s where we are at. Is it any surprise that the West side will not accept this proposal in any way, shape, or form? If the East side holds onto present demands, I believe there will be major legal action and an injunction that will prevent the implementation of the split until who-knows-when. That action would cost hundreds of thousands of dollars. Can anyone tell me how that action is “all about the kids”?

I believe that a simple, temporary fix would be for the Governor to call a special session to delay the implementation date of the split.

By Carlene Walker
Utah State Senator, District 8

The theft of records at the U of U Medical Center is not the first large-scale breach of sensitive private information in Utah. It was actually the fourth such incident in less than six months.

We will not know the impact of the recent theft anytime in the near future. Even if the tapes are recovered no one would know if they were copied. The thief now knows how valuable they are.

The costs of just monitoring the credit of the 1.3 million people with stolen SSNs will run between $31 and $46 Million dollars. To their credit, the University Medical Center has committed to making sure that credit monitoring will be provided free for a year.

Bottom line: We can not know that our private information is secure. Many times we won't know our information has been taken until years later. And we may never know.

Given that reality, what is our next line of defense?

Here is a short list.

1. Monitor your credit report. At a minimum, you should check your credit report. Go to annualcreditreport.com (NOT freecreditreport.com. Annual Credit Report .com is free. Free Credit Report . com is not. Go figure.) You may request a free report from each of the credit agencies once a year, so it makes sense to do one every four months.

2. Red Flag. Contact each of the three credit bureaus and put a 90 day red flag alert on your credit files. This is free, but you have to renew it every 90 days.

3. Credit Freeze. If you want to take safety a step further, you can freeze your credit. It will cost you $10 per credit bureau but I think it's worth the $30.

We passed legislation so, beginning in September 2008, you will be able to unfreeze your credit in 15 minutes. Currently it takes three days. This matters when, for example, you suddenly want to buy a new car and they have to check credit quickly.

4. If you think you may be a victim of ID fraud the Attorney General's website will walk you through reporting, then rebuilding your credit and your life.

Here's the link:

www.idtheft.utah.gov

Taking steps to protect your credit is just as important as locking your front door at night. Please keep yourself safe.

We don't allow bikinis in the senate either.

Two excerpts from the Deseret News Editorial on the lead article in the Utah Taxpayers Association's June Newsletter:

The irony is that Utahns get more outraged about property taxes than any other tax. In truth, Utahns pay less in property taxes than the national average, and less than people in California, who have spent 30 years under Proposition 13 — a tax-limiting measure some Utahns covet.

Another truth is that Utahns have the eighth-highest overall burden of taxes and fees in the nation. That is according to the latest figures from the Utah Taxpayers Association, which annually calculates the state's burden and measures it against all other states. Conventional wisdom says Utahns have a high tax burden because of the large numbers of children they must educate. To some extent, this is true. But a big part of the burden Utahns bear comes from fees, for everything from business licenses to drivers' licenses and college tuition.

. . . The report offers some good news. Despite a growing tax burden as a percentage of personal income, Utah's rank actually has slipped, from fifth place in the previous report. Also, recent tax cuts enacted by the Legislature are bound to improve that ranking in the future.

But without the fees, Utah ranks 20th in tax burden. It ranks 15th in individual income taxes, again because of public education costs.

The property tax burden, however, ranks 38th.

By Howard Stephenson
Utah State Senator, District 11

Hearing the truth about erroneous, but deeply held beliefs is a painful experience for all of us. Nevertheless, truth can also be a powerful anesthetic for that pain. Truth about the ominous omnibus education bill, SB 2, has been largely missing in reports about this important piece of legislation. That is why I would like here to debunk litigant's stories about SB2 before they reach the status of Utah political mythology. Maybe it's too late, but even established mythology should be challenged.

As co-sponsors of SB2, the education funding bill also known as "omnibus", Representative Brad Last and I wrote an op-ed for the Deseret Morning News. We wanted to mop up some of the misconceptions circulated by the candidates who are suing the state for what we think must be political motives.

We thought those who read this blog would also appreciate additional perspective.

1. The litigants make their first obvious blunder when they say that good bills were "held hostage" until the end of the session so they could be combined with "bad" bills in an omnibus package. The fact is that all fiscal note bills are held until the end of session. That is not a violation of our rules. It is exactly what our rules require and what we do every year. That is how we ensure a balanced budget each year.

2. Litigants are saying SB2 includes language from bills that didn't pass the first time through. HB200 was one of those bills. When its language was included in SB2, Rep. Karen Morgan tried to amend it out. The House debated it for 30 minutes. She couldn't persuade a majority to vote with her. Sen. Scott McCoy tried to amend the same provisions. He failed, too.

There were more attempts to amend SB2, but you get the picture.

The fact is that every single word in SB2 was subject to discussion and amendment. Welcome to an essential (and potentially frustrating) element of democracy: You need a majority vote to change the law. It seems the political message being taught here is if you can't attract enough votes by the force of your argument, you can always sue those who voted against you.

3. Our so-called omnibus bill was 42 pages . . . hardly the thousand-page congressional monstrosity the litigants try to invoke.

4. SB2 didn't happen in the dead of night. It was the result of an entire session of negotiations. The news media reported the details. We posted information on our official Web site and on our blog site. We passed out the details to all legislators, reporters and the interested public. We made staff available to answer questions. The two chambers and the governor's office were in constant communication. The entire chamber debate is archived online for everyone to witness.

The only way this anti-democratic lawsuit makes any sense is as a campaign stunt. Sixteen of the plaintiffs are currently running for office. Others are reportedly running for leadership positions in their caucus. As the vice chair of the state Democrats recently said, "If some of the plaintiffs on this suit win their elections due to 'earned media' then so be it."

I think that is pathetic. Let the money flow to the teachers and classrooms. We hope our board of directors (a.k.a voting citizens of Utah) will recognize this lawsuit as election-year grandstanding, pure and simple.

I believe that the root cause of the litigation is not so much about process as it is about innovation and change. Public education is a sacred cow for many people. Attempts to modernize, incentivize or test new programs are usually met with resistance. Our goal is to provide a world-class education for Utah's families with the funding available. Sacred cows must be examined for efficiency and new ideas will be piloted where appropriate.

By Greg Bell
Utah State Senator, District 22

At a recent legislative committee hearing I heard an example of the classic dilemma elected officials face.

Both sides had compelling arguments. The county health departments told the interim Political Subdivisions Committee about their crisis in funding. County health departments are the first line of community health. They address communicable diseases, food-handling safety in restaurants and stores, swimming pools, and children’s health in public schools. They do a very good job and are thus invisible to the public . . . until cryptosporidium flares up and makes swimmers sick or there is an outbreak of food poisoning at a restaurant.

County health departments are funded by each County Commission/Council. Most county governments have been hit recently by the political whiplash from property tax increases, and consequently have held the line on budget increases. Health departments have no other source of revenue. With increasing populations to serve, the expanding mission to address bioterrorism and homeland security issues, they claim they need some more funding.

One idea was to create a public health district like a water or mosquito abatement district with a board of trustees which could levy a modest property tax.

A Representative responded that he would do nothing to implement any tax increase on his constituents because they are hurting badly with sharp increases in gas, bread, milk, cereal and other staples. No argument there!

So there you have it: A high-priority public program, which delivers proven societal benefits that differentiate us from a third-world country, seeking funding that is, apparently, highly necessary to complete its mission . . . versus the evil of a new tax. In the abstract, almost everyone agrees that there should be “no new taxes.” But we are also quick to criticize a preventable outbreak of a contagious disease or a TV expose’ of the cut in the number of restaurant inspections carried out.

These are the dilemmas lawmakers face every day. Would love to have your thoughts.

Senator Hickman's opinion seemed to have touched a nerve, if the comment section and the ambiguous "Was this article worthwhile?" vote count are any way to judge.

Representative Steve Urquhart writes:

I regularly meet with legislators from other states. Bill's sentiments are directly in line with the vast majority of state legislators across the nation. States aren't perfect. Often, we're far from it. But we're worlds better, or at least braver, than the show horses in D.C., who habitually hide from tough or controversial issues.

As for Utah's 5 representatives in Congress, I think they are exceptional human beings. And that's what really depresses me. If a Rob Bishop or a Bob Bennett can't put a significant dent in the machine, we're in a bad way and in desperate need of reform.

Dan Harrie and Connor Boyack also posted on the subject.

By Bill Hickman
Utah State Senator, District 29

Where is the leadership?

For years we've supported our congressional delegation. We believed them when they told us that seniority was important. When they told us Utah would be in a prime position to lead on the issues that matter - if we would only give them a few more years in office - we believed them. We invested our votes and we invested years of our time.

What happened?

What have they done with the seniority we allowed them? They have squandered it like foolish children. They worried about staying in power to the point they neglected to perform their fundamental mission. They betrayed all of us.

Congress overspends. The deficit accumulates and the interest compounds into what we have now - a national debt of almost $9.5 trillion dollars, which encumbers my kids and grandkids. Every one of my grandchildren was born $30K in debt due to congressional dereliction of duty. We plainly have more government than we can afford, yet our elected delegation shirks the disciplined work of limiting spending to income.

Our senators and congressmen are derelict in other areas as well. The trade deficit is staggering. Between our budget deficit and the trade deficit, we are sitting on a ticking time bomb. The increase in fuel prices is directly connected to the plummeting value of the dollar. Congress has taken upon themselves the management of our school systems in which they have no constitutional role, yet they neglect border security - which is clearly a federal task. The ridiculous list of shame goes on to include earmarks, the war, the housing and credit crisis, and a thousand smaller crises that naturally arise from a leader's abandonment of duty.

This is a dangerous situation that saps American vitality, and opportunity. It limits the realm of our possibility. It throws power to foreign lenders. This behavior is anti-republican and pretty damn un-American. For decades our leaders in congress blamed the other party. Then, suddenly, from 2002 to 2006, our party was in charge. We controlled both chambers of Congress and the Presidency. We had power to change our course. The nation needed leadership. Congressmen: You failed to do your duty and you broke your trust with the people of Utah. I'm looking at you, Senator Hatch.

Congress has failed to act as a check and a balance to the executive branch. Like impotent self-important bulls in a china shop, they have shattered liberties paid for by the best blood of the past several hundred years. They did so while mouthing patriotic soundbites like sheep. They built up counterfeits of genuine patriotism and true security and worshiped at that altar while the nation crumbled.

Let me ask a question we all should have been asking long ago.

If congress is neither a check nor a balance; if they increase our debt each day they control the budget; if they fail to carry out the responsibilities for which they were chartered, yet clumsily usurp work others are doing better and less expensively; if they fiddle while our liberty and economy burn; if by both action and inaction they increase the danger to which each American citizen is subjected…

If they are guilty of all these things - and they are as guilty as sin - then I ask:

Why are they still there?

Why do we still pay for them? Are they any different than the class of royal power we divested in 1776?

I want my money back. I want my vote back. I want the years our state has invested in these congressmen returned to us all. I want a change in D.C. If our congressional delegation cannot turn it around, I want leaders who can.

I am proud of Utah. We have an army of talented leaders who are sharp, seasoned, energetic, and wide-awake. We are consistently rated one of the best-managed states in the nation. Our budget is balanced. Utah is the best place to start a business and raise a family. This is due, in large part, to keen-minded, innovative leaders with a lot of common sense. You probably know a dozen such. So why do we keep sending Orrin Hatch and Bob Bennett back to D.C.? They are not our A Team.

We can do better.

America's problems are complex, but Americans can do complex things. We can overcome monumental challenges. I have come to believe, however, that the solution to this one starts at the ballot box.

I have served in the Utah State Legislature for 16 years, but I'm not running for re-election. A man with nothing to lose is sometimes inclined to speak the truth. Bottom line: We have all been cheated. I think we should cut our losses and start over.

By Mary Lou Emerson
Director, Utah Substance Abuse and Anti-Violence Coordinating Council

At any given point in time, as many as 85% of offenders incarcerated in Utah’s prisons have substance abuse problems related to their criminal activity. We have long been aware of the relationship between drugs and crime, and that locking drug abusers up will not solve the problem. More often than not, when these offenders are released from prison, they will continue to abuse drugs and commit crimes related to their drug habit. Further, these offenders are taking up valuable prison beds that should be reserved for only the most serious and dangerous offenders.

In 2007, the Utah Legislature took action to address the vicious cycle of drug abuse and crime by passing the Drug Offender Reform Act and appropriating $8 million to provide screening, assessment, supervision and treatment services for offenders with substance abuse problems. Research has shown that the frequency and severity of crime escalate as drug use increases, and that substance abuse intensifies and sustains criminal activity. We also know that substance abuse treatment in a criminal justice setting, whether it be in prison or jail, or in the community while on probation or parole, has proven effective. The Drug Offender Reform Act, or DORA, will address the root causes of much of the crime being in committed in Utah, by making effective substance abuse treatment available throughout the state for those offenders with drug dependencies.

The statewide implementation of DORA began on July 1, 2007. As of this date, Utah’s courts are now required to order every offender convicted of a felony to participate in a screening, an assessment if indicated, and substance abuse treatment if determined to be appropriate. The screening is a preliminary appraisal of the offender’s substance use, and determines whether a more comprehensive problem assessment is needed. The assessment is an in-depth examination of the offender’s substance use/abuse that is used to determine if treatment is needed and at what level of care (day treatment, outpatient, residential, etc.).

DORA implementation is overseen by a State DORA Oversight Committee and Local DORA Implementation Teams throughout the state that involve collaboration among the Courts, Corrections, substance abuse treatment providers, and prosecutors and defense attorneys. This collaboration ensures offender issues are addressed immediately, with a team supervision approach that greatly increases the chance for success.

As of the first of May, 2008 an estimated 1,003 felony offenders had been assessed by Local Substance Abuse Authority agencies throughout the state, and 616 offenders had been admitted to DORA treatment services. It’s a great start toward saving lives, reducing drug use and crime, and increasing the health and safety of Utah’s communities!

We now have two Senator Niederhausers - fairly odd, given the unique nature of the name.

Congratulations to Molly Niederhauser, daughter of Senator and Melissa Niederhauser, who was elected to the State Senate at Girls State being held at the campus of Southern Utah University.

Special thanks to the American Legion Auxiliary who sponsor the event every year to help educate High School students on the workings of a government of, by, and for the people.

Yesterday, The Governor touted Utah as being a leader in encouraging energy efficiency. He ceremoniously signed 5 Energy Bills that will help achieve greater goals in energy efficiency:

• HB 106 S01 Clean Air and Efficient Vehicle Tax Incentive
• HB 146 School Bus Amendments
• HB 359 Tax Changes (section covering Solar Tax Credit)
• SB 84 S01 Net Metering Programs
• SB 202 S01 Energy Resource and Carbon Reduction Initiative
  

There were also 2 bills recognized as part of the Energy Bills (were ceremonial signed earlier):

• HB 103 Use of State Alternative Fuel Network
• HB 198 State Agency Energy Savings

Governor Huntsman talks about Utah's strides in energy policies. Senator Van Tassell stands directly to his right.


Senator Wayne Niederhauser discusses the tax credits that may be available with solar energy use.


Governor Huntsman signs the above bills with Sens. Van Tassell and Niederhauser to his left.

By Carlene Walker
Utah State Senator, District 8

The news reports some of my colleagues are asking Governor Huntsman to call a special session to delay the creation of East and West Jordan School Districts. They are good people and I respect them immensely but I honestly don't see the need.

We knew the division of assets between old and new districts would be a challenging task and we planned ahead for it by listing arbitration as a last resort. Now we seem to be at that point. Let's let the plan work.

The teams have done a good job bringing us as far as they have. Now some outstanding arbitrators will step in and help finish the job. We all knew that this process would not be easy but I remain convinced that all parents and children, east and west, will be better served by smaller, more manageable school districts.

Thomas Jefferson, May 6, 1810:

"No one more sincerely wishes the spread of information among mankind than I do, and none has greater confidence in its effect towards supporting free and good government."

Hat tip: Founders' Quote Daily

The Institute for Legal Reform (an affiliate of the US Chamber of Commerce) rated Utah 5th in the nation for the fairness of its litigation environment.

Here's the report.

View all state rankings.

And the least fair locations.

Hat tip: Utah Policy Daily.

Finally, recognized for something OTHER than our accomplishments . . .

Ladies and Gentlemen of the Senate.

Your vote counts - now more than ever!

James Madison in 1826:

"The best service that can be rendered to a Country, next to that of giving it liberty, is in diffusing the mental improvement equally essential to the preservation, and the enjoyment of the blessing." - - From today's Founder's Quote Daily (subscribe here).

The Utah Bloghive: Diffusing mental improvement since 2004. And now the DNews is blogging. Who knew? (Trib bloggers have been messing with people for years.) Welcome aboard.

In Sunday's Daily Herald:

A group suing over an omnibus education bill passed this year by the Legislature should take their complaints to the venue best suited to decide such issues: the ballot box. Their beef is more about politics than law.

. . . legislative bodies can go too far with "catch-all" bills. The U.S. Congress is one of the worst offenders -- note the recent omnibus farm bill, which granted huge subsidies to millionaire farmers and also gave handouts to race horse owners. We'd say that's distasteful, but not unconstitutional.

And the remedy is for voters to register their contempt at the polls for any senator or congressman who went along with the bill.

The Utah Legislature has created a parallel case with SB 2. But it was far more restrained than Congress.

At the beginning of the session, almost all observers agreed that Utahns were demanding action on education. That's Job No. 1 for any legislative body: respond to the wishes of the voters. So it's hard to criticize lawmakers for trying to address education.

Well, then, is SB 2's title, "Minimum School Program Budget Amendments," clear according to the state constitution? We'd say it's not exactly a model of clarity, but neither is it obfuscatory. Omnibus bills always have title troubles.

Is the bill about "one subject"? Defenders say yes -- education. The bill ranges from a major appropriation ($2.5 billion for the Uniform School Fund) to a host of lesser matters, including the powers of the State Charter School Board, various education programs, school transportation funding and more.

But all of them deal with education.

Let's look more closely at the bill. Does it hide items in a huge package that no human being can reasonably read? No. The bill is not enormous. It runs a mere 40 pages printed out, which isn't haiku but isn't too bad as laws go.

Numerous news accounts about the bill have been published since it was cobbled together. Those reports seem fairly clear and complete; so Utahns had some notice about what was in it.

The bill was passed in the last few days of the Legislature, but last-minute bills are normal for all kinds of legislative bodies.

So, all in all, we don't see what all the fuss is about.

. . . It's been said that this lawsuit is more political than legal, a charge disingenuously denied by the attorney for the plaintiffs. If you were to view a few dozen plumbers unclogging drains or installing hot water tanks, you'd have no hesitation in saying they were engaged in plumbing. Here, seeing a few dozen people trying to reverse an action of the legislature, we have no hesitation in saying they are engaged in politics.

The Senate Education Chair talks about political grandstanding a lawsuit on the Education Bill on KCPW. Eric Ray reports:

Republican Senator Howard Stephenson calls a lawsuit questioning the constitutionality of an omnibus education bill passed by lawmakers this year nothing more than election year politics.

"The plaintiffs know that there's no substance to the lawsuit. Omnibus bills have been done on single subjects, as this has been, for years in the state of Utah and have been found to be valid," says Stephenson. "I think if this was not an election year, this lawsuit would not have been filed."

Stephenson says the fact that the suit wasn't taken directly to the Supreme Court, and was instead filed in district court, is evidence of an attack by the plaintiffs on the Republican dominated legislature. He says the legal process will take longer, and gain extensive media exposure, by filing the suit in district court:

"They see this as a very low cost way of improving certain people's chances for reelection, and a chance of defeating conservative Republicans," says Stephenson. "This is just money in the bank for them. It's earned media and they don't have to pay for the advertising because the media will cover it for them."

Senator Ross Romero donates billboard space to help bring justice in the death of Rosie Tapia.

If you have information, please call 801-799-INFO.

By Cherilyn Bacon Eagar
Director, World Class Education Research

Since 2005, controversy has dogged the International Baccalaureate Programme. But does the criticism have merit? IBO has responded on their website.

This is my analysis. For each statement, below, I have answered TRUE, FALSE or PT/PF (partly true, partly false), and given a short explanation. Here is a more thorough document, complete with citations. I have compiled an even more extensive overview on the International Baccalaureate Diploma Programme. If readers would like more information they can contact me.

The IB was developed for the purpose of creating an ‘international education system’.” PT/PF.

The founders were truly internationalists, liberal, and humanist in philosophy. The original idea was to provide an education that would provide continuity for transient League of Nations employees’ children (later of the U.N.). To this day, the mission of the international school re-mains different from a national or state school. The international school is not concerned with developing a national identity. That was not - and is not - its intent. A state school should examine why a curriculum constructed for students who are living abroad and who are transient is being used in schools whose student body is not transient and should develop an identity to the state and nation.

“The IB is only for private and international schools.” PT/PF.

The international schools that so many Americans speak so highly of from their experience living abroad are usually the privately-run IB programs that have a high tuition averaging around $25,000 a year per student. The IBO curriculum is in about 400 U.S. schools, public and private, and over 2,000 schools in 125 countries. The IBO is a business that plans to bring the IB to as many schools - public, charter, or private - as possible. Again, the mission of an international school is different from a national/state school. So in that regard, the IB is more appropriate for transient students living abroad.

“The IBO promotes a left-wing agenda, socialism, disarmament, radical environmentalism, and moral relativism, while attempting to undermine Christian religious values and national sovereignty.” TRUE.

A review of speeches given by its founders and contemporary leaders show an array of progressive (leftist) thought that include all of the above. Former IB Deputy Director Ian Hill delivered a speech on the purpose of international education to the Disarmament Forum identifying the organization’s political persuasion.

Desmond Cole, the recently deceased director of the United Nations International School in NYC, and one of the key leaders in the development of the IB gave a speech which supported the idea that no war is ever justified - only the war on poverty, want and hunger.

An Internet search of IB teacher websites shows a predominantly leftist thought process. The U.N. and UNESCO share the leftist ideals of redistribution of the wealth (for achieving “sustain-ability”), world citizenship, disarmament, and environmental policies whether or not scientific research warrants it. The solutions require that wealthy countries redistribute their wealth to developing countries through taxation.

History is taught from a regional perspective, rather than a national view.

The perspective of the teacher certainly could make a difference. However, because the curriculum takes a holistic, interdisciplinary approach (educating outside the traditional “three R’s”), the tests require politically correct answers and test in the “affective domain” - attitudes and values. One can logically reason that those who are internationalist and progressive in their own personal political philosophy would be more attracted to teaching in an IB program in the first place, so a more leftist philosophy is what a parent can expect. (More later on this point.)

It must be remembered that President Reagan withdrew the United States from UNESCO primarily because of its un-American views and leftist policies. The U.S. did not re-join Until 2003. Even then, the Heritage Foundation issued an unheeded warning.

Secretary of Education Rod Paige spoke to UNESCO, and even acknowledged the work of that organization in providing the Education for All Framework at Dakar as the parallel to the U.S.’ current plan - No Child Left Behind. Those who do not subscribe to the progressive, anti-American policies of UNESCO will not be supportive of NCLB, nor the progressive educational models that stem from any UNESCO partnership.

The claim that the IB might be anti-religious stems from two sources: First, the IB applies a narrow scope of analysis to “what is knowledge” and “how we know truth.” This is applied to a holistic curriculum (not limited to the 3 R’s, but including religious and ethics beliefs), which requires religion or the faith-based domain to be examined under the same microscope as the scientific method and empirical research. That which cannot be proven through epistemology can-not be true or fact. Although it would be unlikely that one’s religion would be outwardly attacked in a classroom setting, the critical thinking/higher order thinking skills process is persuasive.

The other concern is most likely that the UNESCO/IBO partnership, the connection between UNESCO’s Education for All and the U.S. Secretary of Education’s reference to its U.S. parallel, No Child Left Behind, shows a logical connection of principles. For example, Education for All Article 58 references allegiance to the United Nation’s universal Declaration on Human Rights Article 26 (a document the U.S. has not yet ratified), and in particular, its commitment to pro-mote U. N. activities.

U.N. activities include the promotion of its policies, declarations, accords, treaties and agreements, of which The Earth Charter is one. UDHR also declares that the purpose of education is to develop the affective domain (meaning to change children’s values and attitudes), to socialize students to the ideals of the UDHR. Among these ideals are same gender marriage rights, abortion rights, and immigration rights. No immigrant can be denied the right to change their nationality (which could explain why schools are hesitant to identify illegal students and why the U.S. Congress has been paralyzed in building a border fence or in keeping illegal immigrants from entering the country.)

The Earth Charter has put pressure on the U.S. to redistribute the wealth to eradicate worldwide poverty, to support abortion rights and same gender marriage internationally as human rights, and it uses controversial environmental “un-science” to drive its socialist solutions. Read it for yourself. www.TheEarthCharter.org .

To simplify this connect-the-dots maze, UNESCO, the IBO and NCLB are aligned in principle. UNESCO laid out the framework for NCLB, and the IBO is a model curriculum for that framework and in partnership with UNESCO, which is the U.N.’s education arm and which endorses the UDHR. (Citations here.)

“The IB comes from a philosophy that ‘America’s foundational principles of national sover-eignty, natural law and inalienable rights are at odds with the IB curriculum and are not taught.’” PT/PF.

The IB program gives lip-service to the right of a nation to teach about the national culture first, recognizing that most countries have state requirements. (Again, this references the two separate missions of national and international schools.)

For example, all Utah students are required to take U.S. History. However, U.S. History is not an IB course. The IB approach deconstructs the national view and re-constructs a new world view - for example, the regional, pan-American view. In IB history a student can select a region, but it does not necessarily have to be the pan-American region. The student is only required to research a 100 year period anywhere from 1750 to current events.

The IB Theory of Knowledge course, central to the program, places all perspectives on the table and, in a relativistic way, values them equally (e.g.: “What I value as right may not necessarily be what you value as right, but your value has as much value as mine.”). Therefore, what is a terrorist to one nation is a freedom-fighter to another. All things being equal, who is to decide who is right and who is wrong?

“The IB is very expensive.” PT/PF.

That depends on what is being evaluated. The IB tests themselves are comparable in cost to AP tests, minus the expensive international mailing costs. However, the entire program, including professional development, facility requirements, small class size requirements, start-up costs, ongoing costs, etc. makes the IB more expensive to deliver. I went to the IBO website to order two small booklets and the total was over $300, $70+ for shipping. The most effectively run IB schools are private and have an average tuition of $25,000 per student per year. The IB pro-grams in U.S. public schools are estimated to run about 3 to 7 times as expensive as AP courses. The IB school contracts with Geneva, so the Utah State Office has not been tracking the costs.

“The IB is a non-academic ‘fad’ program and many colleges and universities will not accept IB courses as fulfilling undergraduate requirements for admissions.” PT/PF.

The IB program not only tests academic rigor, it also tests the students’ attitudes and values toward the subject matter (such as global warming, population control, and sustainability, which lead to support of international, government-run programs to eradicate poverty). As mentioned before, AP courses are accepted as college credit. Only in rare instances are IB courses used for college credit.

“The IB examination assessment is not thorough enough.” PT/PF.

That depends on what one considers “thorough.” The IB assessment is an open essay format, as opposed to a multiple choice format, which requires the student to be able to write about a particular topic. However, the students also know what they will be tested on in advance. The student must give politically correct answers in order to qualify for the highest descriptor scores.

“The IB tests and papers of American [IB] students are sent to Europe/Geneva for grading and evaluation.” PT/PF.

The tests are not only sent to Europe/Geneva; they are sent to a number of regions of the world. The student does not know whether an examiner in Thailand or in Australia will be evaluating their essays, nor of what cultural or political persuasion that examiner will be. The answers must be written from a “neutral” position. (That in itself is an oxymoron.)

The international perspective of the IBO and its partner UNESCO embrace the Dakar Framework - Education for All - the U.N. parallel for No Child Left Behind. The Dakar Framework embraces The Earth Charter and other U.N. agreements promoting sustainability and global citizenship. Because of the partnership with UNESCO, the standard is outlined in the various protocols and agreements on human rights and sustainability. Those are the ideals to be demonstrated in the essays.

One of the most respected of leaders in global, international education is Robert Muller, former U.N. Assistant Secretary-General and 1989 recipient of the UNESCO Peace Education Prize. He summed up the philosophy of UNESCO and its partners in a daily email I received from him just as I was concluding this “Myth v. Fact” response. (What good timing he has.)

"In the year 2000 there were 3500 days left to the year 3000. If every day produces [sic] in their skyscrapers come up with more products, more markets and more advertisements, this might mean the end of our planet if the world population is not stabilized, if the rich countries continue to increase their consumption of often needless products, needless travel, car and airplane uses unnecessarily, which might lead to di