These are classic discussions published back in March 2011

Did We Learn Anything About Transparency?

After his UDOT scandal and his HB 477 performance, I still think there is no way that the Governor vetoes an open-government bill regarding relocation of the Draper state prison, in favor of cutting an insider deal in the dark.  But, lo and behold, I just heard that the Gov is contemplating vetoing the Prison Relocation and Development Act. It would be foolish, and I hope the Gov thinks twice.  Just last week, I told a 5th-grade class that a veto had never been overridden during my time in the Legislature.  Well, with zero “no” votes in the Legislature, and the public’s ramped up attention on transparency, a veto of the prison relocation bill would be overridden.  Though the Gov might want to exclude the public when he cuts a deal with a developer on 600+ acres in Salt Lake Valley, he won’t get to do that.

Transparency and the Draper Prison

One area where the Legislature did get it right regarding transparency is on the eventual relocation of the Draper State Prison.  The 600+ acres on which the prison presently is located simply is too valuable to keep a prison there.  At some point, the State will be money (and security) ahead to sell the land and build a new prison with a fraction of the money generated by the sale. HB 445 makes sure that the negotiations/sale are done in the light of day.  Amidst rumors that insiders were pitching deals, Rep. Greg Hughes of Draper, introduced a bill requiring that proposals for sale of the prison be brought before a formally-constituted committee, then the Governor, then Legislative Management, and finally the whole Legislature. I had a role in helping pass this bill on the last day of the Session, and I think the State will be much better off having these important negotiations conducted in the open.

Public Records Working Group

Tomorrow the public records working group will have its first meeting.  I’m very excited to participate.  There are some gifted thinkers and passionate advocates in the group; so, it should be public policy formation at its best.  (In contrast to some of the worst we’ve seen). As I was discussing with a reporter today, the issues in play aren’t difficult to grasp (e.g., how do we handle communications using various technologies, how do we balance privacy/public interest concerns, and who pays for significant requests?).  The collective wisdom of the working group members and the public will be needed to strike the right balance regarding those issues. Legislative process works well – when we let it.  We’ll correct the HB 477 mess we created, and I’m confident that the public’s interests will be served. UPDATE (later): Like I said, gifted thinkers and passionate advocates.  Here are some initial thoughts from committee member Phil Windley.

Public Records, GRAMA, HB 477, or a Mess by Any Other Name

People often ask me if I regret any of my votes in the Legislature.  For the first 10 years, the answer was “no.”  Some of them turned out to be dumb, but I always did the best I could, based on what I knew.  The occasional bad outcome comes with making a lot of decisions.  That’s just life, not the subject of regret.  But, now I’ve got one I regret: HB 477.  I screwed up.  I’m sorry. Utah’s public records disclosure act (“GRAMA”) needs to be updated and clarified.  Since its birth 20 years ago (in a simpler world of letters, phone calls, and oral conversations), the Legislature has not modernized GRAMA to adequately address emails, text messages, PINs, and instant messages.  Instead, the Judiciary has taken up the task with decidedly mixed results.  This year, the Legislature took up the modernization task – sort of. Though many of the yes/no decisions we made regarding the records and costs of production might... (read more)

Medicaid Reform — A Very Big Deal

Medicaid has become completely unsustainable. Ten years ago, it made up 9% of the Utah’s budget; today, it commands 18% of the total budget.  That is a cancerous growth rate.  Unless corrected, it could command 36% of the state’s budget by 2020. (And that’s without factoring in Obamacare, which likely would crank it up to 46%). This is a crisis. Fortunately for Utah, there is a fiscal genius in the Senate who is addressing the problem. Under his suit, Senator Dan Liljenquist wears tights and a cape, because he is Utah’s Superman at entitlement reform (not, as some say, because he’s a kinky freak). His Medicaid reform bill will keep the, as he calls it, “Medicaid Pac-man” from consuming Utah’s budget. His bill will: · promote managed care over traditional fee-for-services payments; · couple Medicaid spending growth to the growth rate of the state budget; and · create a Medicaid-specific rainy day fund. A “fee-for-services system” means that doctors and hospitals make money for performing... (read more)

Illegal Immigration

My bill to revoke the Driving Privilege Card (DPC) has failed.  Well, that’s an overstatement.  The bill has been substituted, so that the DPC won’t be revoked, but, rather, fingerprints and a background check will be required.  That’s not what I think we should do, but it is a step forward. Here’s my take home lesson.  State government works, while our federal government dithers.  Illegal immigration is a serious problem.  States are attempting to craft solutions.  Right now, the Utah Legislature is battling out several approaches to the illegal immigration issue.  With the varying approaches we’re considering, we’ve probably managed to tick off every citizen in the State.  Something for everyone to hate.  And, at the end of the day, much of what we’re doing might be challenged and overturned by the federal government, on grounds that immigration is the job of the feds. Okay then.  What exactly is the federal government doing to handle that job?  Um, well, ah . .... (read more)

Utah’s 4-day Work Week

Most businesses are open Monday through Friday. That’s when most work gets done. That’s when Government needs to be available to support the people. Utah government, however, is AWOL on Fridays. Because of an executive decision made a few years ago, Utah government mostly shuts down on Fridays. This is a huge inconvenience to citizens, and I hear complaints all the time. The point – though I was never quite sure there was a point – was to save on energy costs. Those supposed savings haven’t materialized. Utah Government needs to be open on Fridays. HB 328 calls for agencies to serve people on Fridays. But, it allows agencies to design flexible schedules, so that some state workers can work 4 ten-hour days. That’s fine, so long as the people are being served.

Higher Education

Let me tell you what I’m most excited about this session: SB 97 – Mission-based Funding.  “What’s that?” you ask.  Well, I’ll tell you! Currently, Utah funds all of its 8 higher-education institutions like community colleges.  We fund warm bodies that walk through the door.  State funding is tied solely to growth, and has nothing to do with excellence.  As a result, we get lots of growth and little excellence.  Too harsh?  Nope.  According to every rating group that I’m aware of, none of our state institutions are regarding as top 150 institutions.  That needs to change. Where Utah decides to pursue excellence, it hits the mark (e.g., the UofU Medical School and the Utah Science Technology and Research initiative).  We simply need to decide to pursue excellence in undergraduate education.  The way to do that is through the funding mechanism. SB 97 determines that our 2 research institutions (the U and USU) and SUU (our public liberal arts institution) will be funded... (read more)
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