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Below are the extended bill summaries that are used to compile Pink Slip reports for various deserving legislators.  The bills are divided by year.

House Bill 76 (Rep. Duane Bourdeaux, Democrat): Under current Utah law, when parents receive a letter from the government school district regarding a potential truancy issue, they must provide some type of minimal "response" in order to avoid the threat of being charged with a Class B Misdemeanor. HB 76 would have forced parents who seek alternative methods of education to submit to the whims of bureaucrats and judges under the nebulous auspices of taking "reasonable steps to work with school authorities." This disguised attack on home school and private school families passed the house (64-9-2), but after intense citizen lobbying was defeated in the senate (8-17-4). A NO vote is correct. Study the bill itself.

House Bill 85 (Rep. David Litvack, Democrat): This bill would have created enhanced penalties for politically incorrect thoughts under the new criteria of "bias" and "prejudice." It would also have established group rights for selected classes of citizens. In America, Justice is supposed to be blind, impartial, general, and uniform—treating all victims and perpetrators equally. HB 85 would have undermined these ideals by placing citizens on unequal footing before the law. It passed the House (38-35-2), was later reconsidered by the House without a recorded vote, and was withdrawn by Rep. Litvack. A NO vote is correct. Study the bill itself. For more information, see the Thought Crimes section under our Issues & Alerts page.

House Bill 109, Substitute 1 (Rep. Katherine Bryson, Republican): Would have required prior informed consent before electroconvulsive (shock) treatment could be administered to adults. Children under 14 would not have been allowed to receive this treatment. HB 109 would also have established additional reporting requirements to track all such violent treatments. HB 109 passed the house (46-21-8) and was sent to the senate on February 25. The senate rules committee kept this bill from coming to the floor. After intense citizen lobbying, it was released to the floor on March 5, the last day of the session. It was also manipulated up and down on the agenda and was another casualty of the senate filibuster. A YES vote is correct. Study the bill itself.

House Bill 123, Substitute 6 (Rep. Morgan Philpot, Republican): Utah is different from other states in that Planned Parenthood is not allowed to perform abortions within their own facilities. However, abortion on demand is allowed, and is regularly performed, in state-licensed hospitals. Planned Parenthood reported that 3,289 abortions were performed in Utah in 2001—only 30 resulted from rape and 6 were supposedly performed to protect the life of the mother. The hospitals responsible may be directly or indirectly funded by the taxpayers.

HB 123 outlawed direct and indirect taxpayer funding of abortion, except in rare cases involving the life of the mother, rape, incest, and permanent, irreparable, and grave physical damage to the mother. HB 123 was passed by the House (56-15-4) and was sent to the Senate on February 25. The Senate Rules Committee, primarily composed of "pro-life" senators, shamefully prevented this bill from coming to the floor. After a full-scale citizen effort to bring HB 123 out of this committee, it emerged on the last day of the session (March 5).

HB 123 was modeled after an even tougher Colorado citizen’s initiative that has been found to be both constitutional and enforceable. Since its adoption in 1984 and Gov. Bill Owen’s efforts to enforce the law, abortions in Colorado have dramatically declined—at a higher rate than in Utah.

No senator was courageous enough to force a recorded floor vote to bring this bill out of the Rules Committee at an earlier date. During the final hours of the session, HB 123 was repeatedly manipulated up and down on the agenda and effectively filibustered and killed. Despite citizen lobbying, it was not until the final hour that a few useless and ineffective floor attempts were made to consider the bill. No senator was willing to vigorously fight for the lives of the unborn.

Federal courts have severely restricted a state’s ability to limit infanticide. It is intolerable to have a senate that utterly refuses to support the first bill that is both constitutional and restrictive in Utah.

We encourage readers who are guardians of the unborn to consider the horrible implications of this dereliction of duty. A YES vote is correct. Study the bill itself. For more information, including information on many senators who participated in the filibuster, see the Infanticide Report published by our Citizen's Task Force for Legislative Integrity.

House Bill 194, Substitute 2 (Rep. Joseph Murray, Republican): Requires citizens to successfully pass state certification requirements prior to filing to run for the office of county sheriff. HB 194 drastically restricts the ability of qualified citizens to challenge establishment incumbents—particularly in small counties. What is next? Will candidates for legislative office be required to first be certified by the Utah State Bar Association to practice law? HB 194 passed the house (51-20-4), the senate (28-0-1) and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 240, Substitute 1 (Rep. Peggy Wallace, Republican): Established a $100 million "venture capital" contingency fund to provide welfare subsidies to private corporations. Utah taxpayers will be liable of up to $20 million each year for losses incurred. Any decent accountant can adjust the budget to reflect a $20 million loss.

HB 240 flagrantly violates the spirit of the Utah State Constitution regarding non-interference in the free market system (see Article XII, Section 20, restricting "conspiracy in restraint of trade or commerce."). For this reason, the Utah State Auditor’s Office has threatened suit. HB 240 passed the house (68-0-7), the senate (21-7-1), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 241 (Rep. Mike Thompson, Republican): This bill attempted to ban partial birth abortions and also gave the natural father rights to pursue legal action. HB 241 passed the house (66-8-1) and was sent to the senate on February 24. The senate rules committee also held this bill until March 5, the last day of the session. HB 241 was also manipulated on the senate agenda, and was half-debated and filibustered in the closing moments of the session. Again, the senate was derelict and dysfunctional and no senator took any substantive or timely action to ensure that it received so much as a direct or procedural recorded vote.

Though there may have been potential issues with some of the verbiage of the bill, a senate against infanticide would have made the time to work with the sponsor to amend it. A YES vote is correct. Study the bill itself.  For more information, including information on many senators who participated in the filibuster, see the Infanticide Report published by our Citizen's Task Force for Legislative Integrity.

Senate Bill 27, Substitute 3 (Sen. Blackham): Currently under Utah law, when you are merely accused of mental illness, you can be involuntarily committed to a mental institution. Your fate is decided by a judge or his appointed commissioner, and you will likely contend with the "professional" opinion of state-funded psychiatrists. You have no right to a trial by jury, you do not have to commit a crime, and you have little recourse if committed. Once committed, you have fewer rights than a convicted felon. You may be subjected to mind altering drugs and other experimental "treatments," and the length of your incarceration is determined by the same judges or commissioners.

SB 27 makes it easier for these unjust court proceedings to commit people against their will by, among other things, eliminating the current "immediate" standard of protection. SB 27 utilizes a new, looser definition called "substantial danger." SB 27 is poorly written, vague and open-ended, and could be used to commit just about anyone for just about any reason. It passed the senate (21-8-0), the house (56-15-4), and was signed by the governor. A NO vote is correct. Study the bill itself. For more information, see our legislative alert.

Senate Bill 103 (Sen. Curt Bramble, Republican): Currently, Utah recognizes concealed-firearm permits from all other states for only 60 days at a time. In other words, if you are a part-time Utah resident with a permit from your home state, you can only stay in Utah for 60 days at a time and still carry concealed. SB 103 eliminates this 60-day limit. This bill passed the senate (25-0-4) and the house (48-19-8), and was signed by the governor. A YES vote is correct. Study the bill itself.

Senate Bill 147, Substitute 1 (Sen. Lyle Hillyard, Republican): Proponents contend this bill was necessary to comply with the multi-state Streamlined Sales Tax Project (SSTP). In reality, this 208-page bill is a very complex and manipulative overhaul of Utah’s sales tax laws, and was sold as a $130 million tax increase on Utah citizens (Utah State Tax Commission). All sales, including catalog and Internet, are targeted.

The largest national taxpayer advocate organization in America, Americans for Tax Reform, has publicly attacked the SSTP and SB 147 S1 in particular as harmful to state sovereignty and Utah's fragile economy. They assert that the SSTP guiding commission is already crafting new tax definitions that states will be pressured to abide by. These definitions will be used to drastically increase taxes.

Proponents of SB 147S1 claim that it is only a "voluntary" tax increase. According to ATR: What they [SB 147S1 proponents] don’t talk about is SB 147 S1’s stipulation that businesses that go along with the SSTP project now will not incur liability for past failures to collect sales taxes when STTP is fully functioning. In other words, these government extortionists have implicitly warned businesses that if they don’t pay their "voluntary" protection fees today, Guido will rummage through their past records tomorrow—looking for something to hang them with." SB 147 passed the senate (26-0-3), the house (58-14-3), and was signed by the governor. A NO vote is correct. Study the bill itself. See ATR's legislative alert for more information on this horrible bill (also see "Internet Taxes: The Deception of 'More Fair Government'").

Senate Bill 213, Substitute 3 (Sen. Ed Mayne, Democrat): A nearly $20 million state and local sales tax increase on satellite and cable TV subscriptions. SB 213 passed the senate (20-9-0), the house (39-32-4), and was signed by the governor. A NO vote is correct. Study the bill itself.  For more information, see our legislative alert.

Senate Bill 225, Substitute 1 (Sen. Leonard Blackham, Republican): This bill forces Utah courts to limit the damages that are awarded to the innocent victims of negligence or abuse (to include death) by government agencies or employees. The rates are $532,500 for one victim and $1,065,000 for two or more victims. A double standard is created in that private entities and individuals are not limited to these same damage maximums. In addition, these limits are entirely too low. A government-made widow with multiple small children, for example, would be hard pressed to survive or continue a decent standard of living for decades on $532,500. HB 225 passed the senate (27-2-0), the house (47-20-8), and was signed by the governor. A NO vote is correct. Study the bill itself.

Judge Nehring confirmation (nomination made by Governor Michael Leavitt): Judge Ronald Nehring was instrumental in the judiciary’s recent defiance of state law by refusing to install gun-storage lockers outside courtrooms. Nehring was nominated to the Utah State Supreme Court by the governor and almost unanimously confirmed by the state senate (27-1-1). Since taking his seat on Utah's highest court, Justice Nehring has already publicly affirmed his disregard for the life of the unborn. Who knows how much damage Justice Nehring will do to the right to keep and bear arms, the rule of law, and other issues in the future? A NO vote is correct. Read the Senate Journals for more information.

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House Bill 28 (Rep. Wayne Harper, Republican): Under current state statute, government employees who commit perjury are granted immunity by the State of Utah. HB 28 ends this unacceptable practice. It also ends government immunity for child welfare workers who act or fail to act through fraud or malice. This bill passed the house (60-5-10), the senate (22-4-3), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Bill 101, Substitute 1 (Rep. Duane Bourdeaux): This bill mandated that racial information be included on drivers' licenses, and that the state create a database to supposedly record how often people of each race are stopped by law enforcement. Forcibly segregating people into different groups and statuses based upon the color of their skin plays right into the trap of the racism, and only serves to deepen the divide between Americans. This bill passed the house (54-18-3), the senate (19-6-4), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 123, Substitute 4 (Rep. Katherine Bryson, Republican): This bill would have prohibited the Utah Department of Child and Family Services (DCFS) and the courts from investigating and seizing children on the sole basis that their parents refused to consent to the administration of psychotropic drugs to their child. HB 123 would also have protected parents who refuse psychiatric, psychological, or behavioral treatment or evaluations. School officials and child welfare employees increasingly use the threat of DCFS involvement to intimidate parents into putting their children on mind-altering drugs or psychiatric treatment programs. This bill passed the house (65-6-4), the senate (23-3-3), but was vetoed by the governor. A YES vote is correct. Study the bill itself.

House Bill 144 (Rep. David Ure, Republican): This bill allows children of illegal aliens to receive in-state tuition at Utah colleges and universities if they meet certain requirements. HB 144 blatantly discriminates against American citizens—particularly those who achieved their status through legal and lawful means—and encourages lawlessness.

It passed the house (39-35-1), the senate (20-6-3), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 183 (Rep. Morgan Philpot, Republican): This bill would have waived the fee for criminal background checks for those individuals wanting to purchase a gun. People have an inherent right to defend themselves and their families without being harassed and financially penalized by their government. HB 183 passed the house (46-26-3), but failed in the senate (9-18-2). A YES vote is correct. Study the bill itself.

House Bill 246 (Rep. Steven Mascaro, Republican): This bill reauthorized all 54 state entities and programs that were scheduled to end (sunset) before the 2003 session. It is ridiculous for legislators to claim that they are concerned about big government and then give carte blanch approval to 54 agencies. This is a pathetic way to prioritize the state budget. Each of these agencies should have been considered in a separate bill and debated. HB 246 passed the house (66-5-4), the senate (23-0-6), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 258 (Rep. Rebecca Lockhart, Republican): This bill would have required voters to show proper identification before voting. It could have assisted in strengthening the integrity of our election process, preventing illegal aliens from voting, and assuring that voter fraud or impersonation was not committed at the local level. It passed the house (47-24-4), but did not come up for a vote in the senate. A YES vote is correct. Study the bill itself. For more information on vote fraud, see our legislative alert.

House Bill 287 (Rep. Mike Thompson, Republican): This bill prohibits the Board of Child and Family Services from requiring that foster parents surrender their Constitutional rights, including the right to keep and bear arms. Foster parents should not be made defenseless, second class citizens for stepping forward and attempting to alleviate the suffering of a child. It passed the house (63-10-2), the senate (16-12-1), but was vetoed by the governor. A YES vote is correct. Study the bill itself.

House Bill 295, (Rep. Tom Hatch, Republican): Requires child welfare workers and police officers to either obtain search warrants (except in extreme cases, termed by the courts as "exigent circumstances") or obtain consent of the parent or guardian before they invade a home or remove a child. The Department of Child and Family Services has a long and sad history of invading the homes of Utah families for the most frivolous reasons. This bill forces them to at least obtain a search warrant and is the first step to reforming that rogue agency. This bill passed the house (57-17-1), the Senate (23-4-2), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Joint Resolution 10 (Rep. Glenn Way, Republican): This resolution rightly pointed out that between 3,500 and 3,700 abortions are performed annually in the state of Utah, and that many abortion victims have survived the ordeal. If passed, it would have strongly urged "the United States Congress to send to the states an amendment to the United States Constitution protecting the life of the unborn." (lines 39-41) This bill passed the house (54-20-10) and died in the senate due to their cowardice. A YES vote is correct. Study the resolution itself.  For more information, see the Infanticide Report published by our Citizen's Task Force for Legislative Integrity.

Senate Bill 147, Substitute 1 (Sen. Michael Waddoups, Republican): This bill would have established financial penalties for state institutions whose policies violate state law. State agencies, particularly universities, routinely and knowingly violate state law, and need to be reigned in. It passed the senate (18-10-1), but failed in the house (35-38-2). A YES vote is correct. Study the bill itself.

Senate Bill 157 (Sen. Bill Wright, Republican): This bill would have allowed local school boards to negotiate individual contracts with employees, rather than forcing employees to bargain through a government union. It was the first step toward freeing government school employees from the monopolistic tyranny of the Utah Education Association. It passed the senate (16-11-2), but failed in the house (32-42-1). A YES vote is correct. Study the bill itself.

Condoning Torture & Murder of Religious Victims in China (Governor Michael Leavitt, Republican, 2003, and other members of the legislature): Members of the violently persecuted Falun Gong faith desperately implored Governor Leavitt to sign a pledge of support for their religious freedom.  Leavitt, whose religious ancestors claimed to have been denied similar appeals for protection from the U.S. government, openly refused to sign the pledge.

In China, men, women, and children of the Falun Gong religion are imprisoned, drugged, barbarically tortured, raped, brainwashed, and murdered by the Chinese government.  Due to the very disturbing nature of the heinous crimes perpetrated against these human beings, Accountability Utah will not post their eyewitness accounts and pictures.  However, we encourage all readers to visit the Falun Gong Information Center.

Leavitt's spokeswoman Natalie Gochnour defending his actions to the Deseret News with the following:

"We are preparing to host the world.  This is an international political issue that is really not our fight. We are committed to not causing international controversies right now."

"There are real sensitivities on this issue.  It is very clearly a big issue, a significant issue to the Chinese government. The governor was trying to be sensitive to that."

"We have many international visitors coming to our state and we are trying to be sensitive."

Chinese trade is not worth turning a blind eye to horrific and inhuman acts of torture and abuse.  During the 2002 session, House Joint Resolution 6, "Resolution Urging an End to the Persecution of Falun Gong Practitioners," by former Rep. Matt Throckmorton, was killed by house leadership in the house rules committee.  Like thousands of captured Falon Gong practitioners, this resolution never saw the light of day.

Governor Leavitt and others in the state legislature are, in part, now responsible for these crimes against humanity.

Source: "Leavitt skirts Chinese issue," Jerry Spangler, Deseret News, January 10, 2002.

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House Bill 170, Substitute 2 (Rep. Matthew Throckmorton, Republican): This bill protected parental rights by amending the definition of child abuse to exclude the failure to administer prescribed medication if a parent or legal guardian has not been notified of his right to have an examination by a medical professional. Parents have the right and responsibility to determine which medications are fit and appropriate for their children. Their families should not be destroyed for exercising their right and responsibility. It passed the house (55-18-2), the senate (18-5-7), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Bill 179, Substitute 1 (Rep. Chad Bennion, Republican): Currently, public employee unions and other organizations use the government payroll system to simply and automatically collect political action committee monies, deducted from employees' paychecks. Taxpayers, through this mechanism, have become unwilling funders for collecting PAC monies. Using that system to collect PAC monies for political causes, often opposed to taxpayer interests, is an abuse of the system. Force is wrongfully applied because there is no way for disgruntled taxpayers to refuse to pay the taxes that fund the government payroll system. In addition, according to members of the defendants/intervenors in the subsequent court battle over this bill, the Utah Education Association has abused this system and has strong-armed government school employees into making continued payments against their wishes. SB 179 S1 passed the house (42-33-0), the senate (17-12-0), and was signed into law by the governor.  A YES vote is correct. Study the bill itself.  For more information, see "PAC Abuses in Government".

House Bill 199, Substitute 1 (Duane Bourdeaux, Democrat): This bill forced citizens to record their race on traffic tickets. Forcibly segregating people into different groups and statuses based upon the color of their skin plays right into the trap of the racism, and only serves to deepen the divide between Americans. This bill passed the house (58-16-1), but ultimately failed in a motion to reconsider in the senate (11-18-0). A NO vote is correct. Study the bill itself.

House Bill 376 (Rep. Glen Donnelson, Republican): Prior to this bill, Utah did not recognize concealed weapon permits from other states. HB 376 recognized concealed weapon permits from other states for 60 days. This period of time is entirely too short for individuals to attempt to get a Utah permit, but it was a start. It passed the house (53-18-4), the senate (24-2-3), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Bill 387 (Rep. Matthew Throckmorton): This bill would have modified human services code by amending the definition of child abuse to exclude the reasonable exercise of discipline by a parent or guardian. It is absurd and disgusting to seize children and destroy families because a parent swatted or reasonably spanked a child. It passed the house (51-20-4), but failed in the senate. A YES vote is correct. Study the bill itself.

Senate Bill 37 (Sen. Pete Suazo, Democrat): This bill would have created enhanced penalties for politically incorrect thoughts under the new criteria of "bias" and "prejudice." It would also have established group rights for undefined groups and classes of citizens. In America, Justice is supposed to be blind, impartial, general, and uniform—treating all victims and perpetrators equally. SB 37 would have undermined these ideals by placing citizens on unequal footing before the law. It passed the Senate (21-5-3), and was defeated by a motion to bypass the rules committee in the house (36-39). A NO vote is correct. Study the bill itself. For more information, see the Thought Crimes section under our Issues & Alerts page.

Senate Bill 65 (Sen. David Steele, Republican): This bill authorized up to $12 million dollars in taxpayer-backed bonds for the Soldier Hollow golf course. Government is not supposed to be in the business of providing welfare subsidies for elitist golfing establishments. It passed the senate (25-0-4), the house (56-14-5), and was signed by the governor. A NO vote is correct. Study the bill itself.

Senate Bill 274 (Sen. Steve Poulton, Republican): This bill would have required a taxing entity to gain prior approval from voters before exceeding the certified tax rate.  This bill failed in the senate (13-14-2).  A YES vote is correct. Study the bill itself.

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House Bill 35 (Rep. Judy Buffmire, Democrat): This bill forces a health insurer, "at the time of purchase and renewal," to offer mental health coverage to each employer "that it ensures or seeks to insure." This micro-management of insurance companies represents another step toward the destruction of America's health care system. It passed the house (45-22), the senate (21-7), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 76 (Rep. Glenn Way, Republican): This bill required prior written notice to be mailed to the voters of a special bond election (one not held on a regular primary, regular general, or municipal general election) when "the debt service on the bonds to be issued will increase the property tax imposed upon the average value of a residence by an amount that is greater than or equal to $15 per year…" Voters should receive more than an obscure notice in a newspaper (if that) for special elections to raise their taxes. HB 76 passed the house (64-11), the senate (18-10), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Bill 78, Substitute 2 (Rep. Glenn Way, Republican): In the early 1990s, the legislature, citing concerns that the voters were not making wise choices, did away with direct elections of the state school board. They gave the governor the power to select two finalists from the field of state board candidates who had been chosen by special nominating committees. Members of these nominating committees are themselves appointed by the governor, with the weak stipulation that: "one member of the nominating committee serves on a local school board… one member… is employed as a school district or public school administrator… one member belongs to a parent association that provides direct and ongoing support to public schools within the district… [and] three members… represent economic interests and the public at large…"

Utah voters are then given the "privilege" to vote for one of the governor's two choices for each school board position in the general election. As long as two of the governor's choices filed for office, one of them would almost assuredly win. This is reminiscent of the sham elections held in the former Soviet Union or Republic of Iraq.

HB 78 was designed to end this farce, and would have restored the right of any citizen to file for the state school board office. Voters would have narrowed multiple candidates down to two in a primary and would then have chosen the winner in a general election. This bill failed in the house (27-45-3). A YES vote is correct. Study the bill itself.

House Bill 123 (Rep. Bryan Holladay): This bill would have required insurers to offer (after a phase-in period) at least one health insurance policy that covers serious mental illness, to policy holders with 51 or more employees, to the same extent as physical illness. Government has no business forcing businesses to offer certain insurance packages. It failed the house (27-44-4). A NO vote is correct. Study the bill itself.

House Bill 161, (Rep. Lamont Tyler, Republican): This bill mandated that: "A person may not purchase, possess, or transfer any handgun described in this part who has been… adjudicated delinquent for any felony offense under the laws of the United States, this state, or any other state…"

HB 161 also applies retroactively—otherwise known as "ex post facto." Ex post facto means:

"A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed." (Black's Law Dictionary)

The U. S. Constitution (Article I, Sections 9 and 10) and Utah Constitution (Article 1, Section 18) expressly forbid ex post facto laws.

HB 161 was a clear and clever expansion of the radical gun control agenda.  In addition to subverting the U.S. and Utah constitutions, and the inalienable right of citizens to defend themselves, Utah citizens are now subject, and can forever be denied the right of self-defense, for committing frivolous felonies common in out-of-control states like California and New York.  HB 161 passed the house (73-0-2), the senate (27-0-2), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 173 (Rep. Perry Buckner, Democrat): This bill would have permitted police to seize and confiscate (otherwise known as "asset forfeiture") computer equipment used in a "sexual offense involving a minor".  Unlike other confiscation statutes, HB 173 did require that the owner be convicted of an actual criminal offense, or that he voluntarily participated in, or gave permission for, the misuse of his computer equipment.

There was, however, no provision to reimburse legal fees for citizens who were falsely accused and there was no provision for counsel for indigent persons.  In addition, the punishment did not meet the crime, and trivial "offenses" (such as a photo of a naked grandchild in a bathtub) could potentially result in the confiscation of millions of dollars of equipment.  This bill passed the house (69-1-5) and failed in the senate (11-13-5). A NO vote is correct. Study the bill itself. For more information, see the Property Rights section under our Issues and Alerts page.

House Bill 185 (Rep. Mary Carlson): Mandates that "a health insurance policy or health maintenance organization contract may not: (a) require any form of preauthorization for treatment of an emergency medical condition until after the insured's condition has been stablized; or (b) deny a claim for any evaluation, diagnostic test, or other covered treatment considered medically necessary to stabilize the emergency medical condition of an insured." Government officials and bureaucrats have no business forcing businesses and consumers to enter into, or offer, expensive contracts—the desire to make the world a utopia notwithstanding.  A NO vote is correct. Study the bill itself.

House Bill 199, (Rep. Matthew Throckmorton): This bill stated: "A person who lawfully designs, manufactures, markets, advertises, transports, or sells firearms or ammunition to the public may not by sued by the state or any of it's [sic] political subdivisions for the subsequent use, whether lawfully or unlawfully, of the firearm or ammunition, unless the suit is based on the breach of a contract or warranty for a firearm or ammunition purchased by the state or political subdivision."

Government gun control zealots have increasingly turned to the courts to accomplish their radical agenda of eliminating the ability of private citizens to defend themselves and their families. This bill rightly restricted government from suing gun manufacturers for improper or unlawful use of their products by third parties. This bill reinforced the principle that people are responsible for their own actions, and that responsibility for misusing inanimate objects rests with the person or persons who took the action. HB 199 passed the house (47-22-6), the senate (17-12), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Joint Resolution 7 (Rep. Neil Hendrickson, Democrat): This bill proposed to add a recall provision to the Utah Constitution: "A state elected officer or an elected officer of a county, city, town, school district, special service district, or other political subdivision of the state may be removed from office through a recall election as provided by statute." There are occasions where elected officials violate their oath of office, flagrantly break solemn promises they made during their campaigns, and harm innocent people in the process. In such emergencies, voters should have the ability to remove these officials and restore public trust in that office as soon as possible. HJR 7 failed the house (31-42-2). A YES vote is correct. Study the resolution itself.

House Joint Resolution 17 (Rep. Glenn Way, Republican): This resolution rightly pointed out that between 3,500 and 3,700 abortions are performed annually in the state of Utah, and that many abortion victims have survived the ordeal. If passed, it would have urged "the United States Congress to send to the states an amendment to the United States constitution protecting the life of the unborn." (lines 54-56) This bill passed the house (60-9-6) and died in the senate due to their cowardice. A YES vote is correct. Study the resolution itself. For more information, see the Infanticide Report published by our Citizen's Task Force for Legislative Integrity.

Senate Bill 12 (Sen. Robert Montgomery, Republican): This bill empowers state and local law enforcement officers to stop a car and make an arrest for an infraction when anyone in the car less than 19 years of age is not wearing approved (by the commissioner of the Department of Public Safety) safety belts or child restraint devices. This changed the old statute under which failure to wear "approved" devices did not empower officers to stop a car unless the driver was first detained for some other violation. This bill distracts police from true crimes and encourages them to become seat belt nannies. SB 12 passed the house (40-32), the senate (21-8), and was signed by the governor. A NO vote is correct. Study the bill itself.

Senate Bill 14, (Sen. Pete Suazo, Democrat): This bill would have created enhanced penalties for politically incorrect thoughts under the new criteria of "bias" and "prejudice." It would also have established group rights for undefined groups and classes of citizens. In America, Justice is supposed to be blind, impartial, general, and uniform—treating all victims and perpetrators equally. SB 37 would have undermined these ideals by placing citizens on unequal footing before the law. It passed the Senate (24-4), but never came to a house floor vote. A NO vote is correct. Study the bill itself. For more information, see the Thought Crimes section under our Issues & Alerts page.

Senate Bill 37 (Sen. Robert Montgomery): This bill would have allowed intrusive surveys addressing "matters related to youth violence or to the use of alcohol, drugs, or tobacco by students" to be administered "without prior written parental consent" to Utah school children. Though SB 37 would have required that some form of notification of such surveys be sent to parents who could deny participation if they proactively notified the school before the survey was administered. The first problem with this bill is that government should not administer intrusive surveys to children in the first place. The second problem is that explicit, written permission should first be obtained for each participating child. SB 37 passed the senate (18-9-2), but failed to come to a floor vote in the house. A NO vote is correct. Study the bill itself.

Senate Bill 72, Substitute 4 (Sen. Terry Spencer, Republican): This bill expanded firearms prohibitions concerning anyone who "purchases, transfers, possesses, uses, or has under his custody or control" any firearm or substantial weapon. It entirely eliminated all firearms rights for persons who were indicted for, but not convicted of, a "violent felony" within the last ten years, or any felony at all within the last seven years.

Under the old statute, persons who have "been dishonorably discharged from the armed forces" or who have ever been committed to a mental institution or "adjudicated as mentally defective" were banned from ever owning handguns. SB 72 eliminated the right of people in these categories to ever own any firearm for the rest of their lives.

Soldiers who, for instance, were dishonorably discharged for refusing the anthrax shot or to wear United Nations insignia on their uniforms are forever bereft of the right to defend themselves and their families. And under Utah statute, citizens can be adjudicated mentally ill without so much as a jury trial or some finding of wrongdoing.  SB 72 makes no exception for persons who were wrongfully committed, who had temporary problems (resulting from, say the grief associated with the loss of a spouse), or for those who have completely recovered from their illness.

SB 72 also applies retroactively—otherwise known as "ex post facto." Ex post facto means:

"A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed." (Black's Law Dictionary)

The U. S. Constitution (Article I, Sections 9 and 10) and Utah Constitution (Article 1, Section 18) expressly forbid ex post facto laws.

SB 72 was another clear and clever expansion of the radical gun control agenda.  In addition to subverting the U.S. and Utah constitutions, and the inalienable right of citizens to defend themselves, Utah citizens are now subject, and can forever be denied the right of self-defense, for committing frivolous felonies in out-of-control states like California and New York.  SB 72 passed the house (73-0-2), the senate (27-0-2), and was signed by the governor. A NO vote is correct. Study the bill itself.

Senate Bill 200 (Sen. Robert Montgomery, Republican): Currently under Utah law, when you are merely accused of mental illness, you can be involuntarily committed to a mental institution. Your fate is decided by a judge or his appointed commissioner, and you will likely contend with the "professional" opinion of state-funded psychiatrists. You have no right to a trial by jury, you do not have to commit a crime, and you have little recourse if committed. Once committed, you have fewer rights than a convicted felon. You may be subjected to mind altering drugs and other experimental "treatments," and the length of your incarceration is determined by the same judges or commissioners.

SB 200 would have mades it easier for these unjust court proceedings to commit people against their will by, among other things, eliminating the current "immediate" standard of protection. SB 200 utilized a new, looser definition called "substantial danger." SB 200 was poorly written, vague and open-ended, and could have been used to commit just about anyone for just about any reason. It passed the senate (18-0), but never came to a house vote. A NO vote is correct. Study the bill itself.

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House Bill 49 (Rep. David Hogue, Republican): Provided that parents shall have access to a copy of any school survey or test questions that cause a child to reveal sensitive information. It also specified written "notice that a copy of the educational or student survey questions to be asked of the student… is made available at the school…" HB 49 is a no-brainer. It passed the house (57-15), the Senate (24-0), and was signed by the governor. A YES vote is correct. Study the bill itself.

House Bill 85 (Rep. Duane Bourdeaux, Democrat): This bill made it a "class B misdemeanor for a parent to knowingly fail to enroll a school-age minor in school; or refuse to respond to a written request which is delivered to the parent pursuant to the provisions of Subsection 53A-11-103(1)(b) by a local school board or school district." Prior to HB 85, it was a misdemeanor for a parent to willfully fail to comply with the requirements of enrolling and sending his minor to school.

The change from "willfull" to "knowing" is significant in a court of law: It is easier for government school zealots to prove that a parent knowingly broke the law than that a parent willfully violated the law.

In addition, HB 85 gave virtual police powers to government school employees. When they send an inquiry to a parent, that parent must "respond" or risk being charged with a Class B Misdemeanor. This was a blatant attack on families in government schools who like to take extended vacations with their children, as well as home and private school families. It passed the house (49-19-7), the senate (18-9-2), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 89 (Rep. Glenn Way, Republican): This bill required prior written notice to be mailed to the voters of a special bond election (one not held on a regular or municipal primary or general election) when "the maximum amount of bonds to be issued is $1,000,000 or more…" Voters should receive more than an obscure notice in a newspaper (if that) for special elections to raise their taxes. It passed the house (71-2), the senate (15-11), but was vetoed by the governor. A YES vote is correct. Study the bill itself.

House Bill 115 (Rep. Perry Buckner, Democrat): This bill would have allowed a police officer to seize a car operated on the roads "without evidence of owner's or operator's security as required under Section 31-12a-303.2". The owner of the car would have then been subject to towing and impound fees, as well as a $5 administrative fee. In other words, if you for some reason forget to put your latest proof of insurance in the dashboard, the police officer could impound your car.

Defenders of this draconian bill cite the theory that police officers would, in practice, check their uninsured database before they did so. Unfortunately, there is no statute to require them to do so. In addition, it is already a Class B Misdemeanor to drive a car without insurance, and a prescribed minimum fine (Utah Code Section 41-12a-303.2(5)). HB 115 failed the house (30-41-4). A NO vote is correct. Study the bill itself.

House Bill 119, Substitute 3 (Rep. Kevin Garn, Republican): This complex, 21-page bill establishes a pseudo-governmental entity, the "Quality Growth Commission" consisting of "(a) two persons at the state government level, one of whom shall be from the Department of Natural Resources; (b) six elected officials at the local government level; and (c) five persons from the profit and nonprofit private sector… one of whom shall be from the residential construction industry, nominated by the Utah Home Builders Association, and one of whom shall be from the real estate industry, nominated by the Utah Association of Realtors."

This commission is charged to make recommendations to the legislature on "growth management" and "refinements" to the Quality Growth Act itself. The commission is to consider "how to implement the concept of local control over land use and development decisions but with state leadership and coordination… how to implement a balance of free market and public sector planning solutions to growth management problems… whether to provide affordable housing for all economic segments of the state and, if so, how… whether to encourage development in urban areas where adequate public facilities and services already exist and, if so, how… whether development should be encouraged within municipalities…"

HB 119 S3 also created the "LeRay McAllister Critical Land Conservation Fund." The fund may have money deposited to it directly from the legislature or from "(b) contributions of money, property, or equipment from federal agencies, political subdivisions of the state, persons, or corporations; (c) proceeds that a [government] department chooses to place into the fund from the sale of surplus land… and (d) funds from the State Building Energy Efficiency Program."

The Quality Growth Commission is authorized, with some restriction, to grant or loan this money to a local entity, to a couple government departments, or to a private 501(c)(3) charitable organization.

Finally, HB 199 S3 appropriated $250,000 to assist local entities in developing their own "quality growth" plans, with the stipulation that they "report to the commission, in a format and upon a timetable determined by the commission…" This multi-headed monstrosity, funded mostly through taxpayers, is nothing more than a crafty, convoluted attempt to shove radical environmentalism down the throats of Utah communities. HB 119 S3 passed the house (51-23-1), the senate (24-5), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 159 (Rep. Judy Buffmire, Democrat): This bill would have required that: "A policy or contract: (a) shall provide coverage for the treatment of mental health conditions; and (b) may not establish any rate, term, or condition that places a greater financial burden on an insured for the treatment of a mental health condition than for the treatment of a covered physical health condition." The commissioner of insurance was also directed to: "Adopt rules to insure that: (a) timely and appropriate access to mental health treatment is available; and (b) administrative and clinical protocols do not serve to reduce access to medically necessary mental health treatment for any insured." This bill would have taken another giant step toward socialized medicine and away from what used to be the greatest health care system in the world. HB 159 passed the house (38-31), but never received a vote in the senate. A NO vote is correct. Study the bill itself.

House Bill 237 (Rep. Blake Chard): This bill increased the concealed weapons permit renewal fee from $5 to $10. People have an inherent right to defend themselves and their families without being harassed and financially penalized by their government. It passed the house (61-8-6), the senate (22-2-5), and was signed by the governor.  A NO vote is correct. Study the bill itself.

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House Bill 73 (Rep. Glenn Way, Republican): This bill required prior written notice to be mailed to the voters before any bond election. It also required that bond elections be limited to regular general and primary elections in even-numbered years and to municipal general and primary elections or special elections held on the first Tuesday in March or on the fourth Tuesday in Jun in odd-numbered years. Voters should receive more than an obscure notice in a newspaper (if that) for special elections to raise their taxes. It passed the house (48-21), the senate (27-0), but was vetoed by the governor. A YES vote is correct. Study the bill itself.

House Bill 137 (Rep. Peter Knudson, Republican, now a state senator): This bill created the "Utah Children's Health Insurance Program," to provide health insurance for the children of families at or below 200 percent of the federal poverty level. Promises of matching federal funds were brought to bear to increase the enticement to pass this bill. There is nothing moral, charitable, or economically sound about forcing taxpayers to pay for the health services others receive. This is just one more step toward the total destruction of—what once was—the greatest health care system in the world. HB 137 passed the house (42-28-5), the senate (26-3), and was signed by the governor. A NO vote is correct. Study the bill itself.

House Bill 320, Substitute 1 (Rep. Duane Bourdeaux, Democrat): This bill would have raised the penalty from a Class C Misdemeanor to a Class B Misdemeanor for parents who do not comply with essentially every jot and tittle of Utah's compulsory education statute. It would have granted immunity to government bureaucrats who abused their authority in truancy and compulsory education cases. It would also have established a Big Brother tracking system for truancies, citations, and penalties.

This bill would have opened the door for state child welfare employees to flagrantly abuse home and private school families, and also government school families who like to, for instance, take their children with them on extended vacations. Education is the responsibility of parents; not a government super-nanny. HB 320S1 passed the house (41-26-8), but was never voted on in the senate. A NO vote is correct. Study the bill itself.

House Bill 405, Substitute 1 (Rep. Mary Carlson, Democrat): Voted to gut a law established by a state-wide initiative petition that required fluoridation proponents do an initiative petition to put water fluoridation on the ballot. With this law, county commissioners, city officials, or even bureaucratic water boards can place water fluoridation on the ballot. This bill also "streamlined" the process so that, in a county-wide vote, most communities voting against fluoridation would still be forced to fluoridate with industrial "fluoride" contaminated with lead and arsenic. HB 405 passed the house (62-9-4), the senate (20-6-3), and was signed by the governor.  A NO vote is correct.  Study the bill itself.

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House Bill 38 (Rep. John Arrington, Democrat): This bill would have allowed government agents to confiscate private property ("asset forfeiture") and adjudicate those cases in administrative courts run by unelected bureaucrats. There would have been no requirement to hold a jury trial or even to have a judge review the case.

Another problem with Utah's corrupt confiscation laws at that time was that the property was charged with the crime; not the owner. As ridiculous as it sounds, the property stood trial and had to prove its innocence of being involved in a crime. Innocent owners who were not charged with any crime, had nothing to do with the crime in question, or whose stolen property was used to commit the crime, helplessly watched as their property was awarded to the government. This bill failed the house (34-40-1). A NO vote is correct. Study the bill itself.

House Bill 244, Substitute 1 (Rep. Gerry Adair, Republican): This bill would have allowed driver licenses to "be made in a smart card format that may contain electronic media, including computer chips and bar coding…" There is no privacy when the government can obtain and track its citizens' private personal information to this degree. This bill passed the house (43-23-9), and was referred to interim committee in the senate. A NO vote is correct. Study the bill itself.

Senate Bill 40 (Rep. Howard Nielson, Republican): In the early 1990s, the legislature, citing concerns that the voters were not making wise choices, did away with direct elections of the state school board. They gave the governor the power to select two finalists from the field of state board candidates who had been chosen by special nominating committees. Members of these nominating committees are themselves appointed by the governor, with the weak stipulation that: "one member of the nominating committee serves on a local school board… one member… is employed as a school district or public school administrator… one member belongs to a parent association that provides direct and ongoing support to public schools within the district… [and] three members… represent economic interests and the public at large…"

Utah voters are then given the "privilege" to vote for one of the governor's two choices for each school board position in the general election. As long as two of the governor's choices filed for office, one of them would almost assuredly win. This is reminiscent of the sham elections held in the former Soviet Union or Republic of Iraq.

SB 40 was designed to end this farce, and would have restored the right of any citizen to file for the state school board office. Voters would have narrowed multiple candidates down to two in a primary and would then have chosen the winner in a general election. This bill failed in the house (27-45-3). A YES vote is correct. Study the bill itself.

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1996 Session Bills

Senate Bill 146, Substitute 1 (Sen. Lee Ray McAllister, Republican): This bill would have required that voters in affected areas "approve or reject the use of any sales and use taxes collected in that county or municipality for the development or operation of a light rail system" in the next general election. If voters rejected the measure, Utah would have been prohibited from spending any sales or use taxes "on an act that would promote, encourage, result in, or constitute the development or operation of a light rail system."

The voters of Salt Lake County voted light rail down in both 1990 and 1992, yet the Utah Transit Authority continued to promote and spend millions of dollars on light rail construction. The vote of the people was twice ignored and their voice should have been the last word. This bill failed in the senate (14-15). A YES vote is correct. Study the bill itself.

Senate Bill 253 (Sen. Craig Taylor, Republican): This bill perpetuated and worsened property confiscation ("asset forfeiture") statutes that existed at that time. "Asset forfeiture" is a malicious scheme that allows police to confiscate private property when such property is alleged to be related to the drug trade or other prohibited activities. The owner of the property need not be convicted nor even charged with any wrongdoing for his property to be lost. Police have great incentive to confiscate property, since they keep the property for "law enforcement purposes."

The prime reason SB 253 was written was to overcome a 1995 court decision that found that existing state law violated Fifth Amendment protections against double jeopardy where related criminal charges were filed in an asset forfeiture action. SB 253 therefore attempts to subvert the double jeopardy protection of the Fifth Amendment, but doesn't stop there. It also makes other unacceptable changes, including the following (references to the bill are parenthetically provided):

1. In confiscation cases where criminal charges are filed, the case would be decided by a judge, not a jury. There was no jury option. (Page 13, lines 9 and 10).

2. A confiscation complaint would no longer be required to be made under oath or affirmation. Essentially, this amounts to immunity from perjury for the police, who of course are the principals in initiation of confiscation, and who receive the proceeds. (Page 12, lines 12 and 13).

3. A provision pretends to prevent misappropriation of confiscation proceeds by police. Since this provision provides no criminal sanctions for misappropriation, it is meaningless. (Page 11, lines 14-18).

4. Innocent owners of seized property would be denied the opportunity for a hearing to recover their property. (Page 13, lines 24 and 25).

5. Police would be able to seize property now, and worry about getting a warrant later. (Page 10, lines 7-9).

Another problem with Utah's corrupt confiscation laws at that time was that the property was charged with the crime; not the owner. As ridiculous as it sounds, the property stood trial and had to prove its innocence of being involved in a crime. Innocent owners who were not charged with any crime, had nothing to do with the crime in question, or whose stolen property was used to commit the crime, helplessly watched as their property was awarded to the government. SB 253 passed thou house (52-11-12), the senate (25-1-3), and was signed by the governor. A NO vote is correct. Study the bill itself. For more information, see the Property Rights section under our Issues and Alerts page.

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Derek Pullan confirmation (nomination made by Governor Michael Leavitt): In late July 2003, Wasatch County Attorney Derek Pullan was nominated to the Fourth District Court bench by Gov. Michael Leavitt. In 1998, Pullan led an effort by the police and prosecutors to repeal a resolution adopted by the Utah Republican Party opposing Utah’s unjust confiscation laws in effect at that time. Pullan sought to replace that resolution with language affirming that the law provided due process, and that police should allocate property they confiscated as they saw fit.

Prior to the passage of Initiative B in 2000 by 69 percent of Utah voters, innocent owners could easily have their property confiscated by profit hungry confiscation squads. In fact, the Supreme Court in at least one case found the conduct of the confiscators to be unlawful by a 5-0 vote. It is despicable that Pullan, whose office profited from forfeiture revenue, could hold to such a menacing position.

Pullan’s zealous advocacy for unchecked police power to effectively steal private property is in opposition to the required judicial qualifications of fairness and impartiality. Judges are obligated to uphold the rights of defendants and property claimants against overzealous prosecutors. Pullan will now have virtually unchecked power to harass and attack innocent owners—and to further his unconstitutional, anti-property positions. Governor Leavitt nominated Pullan and the state senate unanimously confirmed him (26-0-3). A NO vote is correct.

Electronic Voting Fraud (by Governor Michael Leavitt and Lt. Governor Olene Walker, Republicans, 2003): Despite growing security concerns and citizen resistance, Leavitt and Walker are pushing to adopt a new voting system that:

For more information, see our Fraud Advisory.

Refusal to Prevent Infanticide (Governor Michael Leavitt, Republican, 2003): Despite citizen pressure, Governor Leavitt has utterly refused to call a special session to force the legislature to deal with anti-infanticide bills.  His spokeswoman Natalie Gochnour explained why in a recent press interview.  She stated that Leavitt only:

"...agrees to place items on such a call if they can't wait until a general session and if most legislators want to consider those items in a special session... Those [two abortion bills, 123 S6 and 241,] have not met that criteria yet."

Governor Leavitt has the constitutional authority to call emergency special sessions, and has repeatedly done so for comparably trivial reasons.  This unacceptable absence of leadership is a life and death matter for unborn children.  For more information, see the Infanticide Report published by our Citizen's Task Force for Legislative Integrity.

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