Memorial

I am deeply grateful for the brave and devoted men and women who risk everything to allow the rest of us to freely live, feel dawn, and see sunset glow.

Why Desert Tortoises Are Endangered

My family visited some of my favorite places this weekend. We saw incredible hanging gardens on red rock cliffs (fantastic varieties of columbine and penstemon hugging water seeps), Indian petroglyphs, abandoned mines, perfect dinosaur tracks (some running left-right-left-right for 30 or 40 yards), and lots of wildlife.

We watched a mature desert tortoise rumble across an open flat. Open that is, except for 2 large rocks about a foot apart from each other. Though all other directions were clear, the tortoise veered for the rocks, walked between them, and -- you guessed it -- got stuck. It shifted into 4-wheel drive and started plowing at the dirt. This only created a depression for one of the rocks to roll into, further pinching the turtle.

"Daddy, save the turtle."

While I explained the finer distinctions of what it means to "take" an animal under the Endangered Species Act and how stripes make me look fat, the turtle managed to work himself free. My children call him "Field Goal" and say that he likes apples. ;-)

Special Session

The Governor has issued the Proclamation for the special session, and the bills are drafted. [Thanks Ric and Senate Site for doing the legwork on the links].

Candidly, I'm not much for special sessions. Because the typical wheels of a general session aren't turning (committee hearings, filing deadlines, and the typical delays involved in moving legislature from one body to the other), special sessions really can be an insiders' game. Recognizing this fact during my first year in the Legislature, I worked with others (thank you, again, Speaker Stephens) to pass a Constitutional Amendment requiring 48-hours advance notice of items on the call. That's still not much notice (I wanted 72-hours), but it is better than the old practice of adding items to the call after we had convened, which of course gave practically no opportunity for non-insiders to participate in any way other than to read about the changes after the fact.

This session could be interesting. On some bills, like naked short selling of stocks, executive compensation, and Medicaid funding for dental services, there hasn't been much coordination between the branches or much discussion within caucuses. So, I don't have a feel for how they might go.

UPDATE (5/23/06 7:00 a.m.): Utah Policy Daily astutely adds, "Items are also considered out-of-context of the overall budget and priorities of the state." Just about every spending item we consider in the General Session is important. The question in a General Session becomes how important the item is compared to other priorities. In a Special Session, however, items are considered in isolation, and that sense of overall balance can be lost. Hence, the Tribune's observation, "Lawmakers don't like re-opening the budget in a special session, fearing a money grab. That's 'like opening Pandora's box. Nobody wants to do that,' said Senate Majority Leader Pete Knudson."

As the Tribune states, "Knudson couches the bill as a reallocation of existing health department money. But Mower says it's a new appropriation." So, what is it -- reshuffled money or new money? That's an important question to people who worry about balancing the checkbook.

Flopping Around with Scissors

It looks like the Senate is stirring to undo the $70 million cut to the food tax. Sen. Eastman wrote:

Measure Twice, Cut Once

Problems with the new bifurcated system for tax on food are multiplying.

A few examples:

The negative impact on retailers, especially mom and pop shops in rural Utah;

The escalating cost of compensation for retailers forced to retool their systems;

Lack of comprehensible definition of what is and is not “food”;

Unclear policy on the bundling of “food” with non food items;

Shaken confidence in the numbers to the point we don’t know the price tag is really $70 million;

A higher price tag would damage transportation, health and human services, and other General Fund priorities;

We don’t know the extent of all the negative impacts. Unforeseen problems continue to come out of the woodwork.

This is poor policy and we should have known better. After some careful discussion in caucus today, the Senate Majority voted in support of a six-month delay (giving the new bifurcated food tax policy a start date of July 1st).

This will give us time to clarify the fiscal note and to start fixing the unintended impacts and consequences.

Why hurt people when we don’t have to? Why rush into a poorly-thought-out policy decision when we are not ready to mitigate the damage?

I responded with the following on the Senate Site:

This seems a bit late and overblown. But, maybe some more details would help.

Your first two points appear to restate the same issue -- retailers would be impacted. Were Rep. Ferry's bill to pass, what would those remaining impacts be? And, if tax relief is not delayed as you're advocating, should we even bother with Rep. Ferry's bill since the Senate seems to argue that it doesn't get the job done?

Your next two points also appear to restate the same issue -- difficulties in distinguishing food/non-food items. What exactly are those difficulties that you think can't be worked out by January 1?

Your next two points again appear to restate the same issue -- that the fiscal impact could be higher than was anticipated. How much higher?

Your last point is simply the truism that we don't know what we don't know.

So, it looks like 3 issues might be "coming out of the woodwork." Before we deny taxpayers 70 million dollars in tax relief each and every year (or $35 million, if we delay it 6 months), it might make better sense to analyze the nature and scope of those issues. We have plenty of time to do that.

The issues weren't significant enough to even warrant discussion of a delay in all-day leadership meetings on Tuesday. To sound the alarm bells the next day for immediate action (which would have the effect of lifting another $35 million from taxpayers) -- when the provisions won't go into effect for another 7 months -- seems less like measuring twice and cutting once than it does flopping around with scissors.

In any event, it's nice that you have the blog so that we can discuss these issues.

I would be very interested in having the Senate address the 3 issues in more detail: (1) does Rep. Ferry's bill correct the retailers' problems and, if not, should we scrap that bill; (2) what are the insurmountable difficulties in distinguishing food/non-food items; and (3) how much higher do you think the fiscal impacts could be and what is your source?

They are serious questions, and I'd like to have the Senate's perspective on those issues. Of course, if they won't discuss these things with the House (in person, on-line, or otherwise), then they won't. That's simply a stopper. Without discussion, most House members likely are left to believe that some Senators are just bristling over passage of a bill that they don't like.

Anonymity

Following up on a Utah Policy post, Woods Cross Citizen (a former elected official) discusses the weight that government officials should give anonymous commentors (little, if any, in his opinion). It probably ends up about that way.

Though politicians typically are skilled at talking around the questions they don't want to answer, the good ones also know how to take a strong stand and battle for their position. And, on many issues -- and many of those being very complex, politicians ultimately have to reduce their thinking and the interests of various constituencies to a simple "yes" or "no" vote. All in a very public way.

Getting into the Legislature with little previous political experience, much was new to me. One of the most amazing things -- if not the most amazing -- was the first House Republican caucus meeting I attended (still as a candidate). I was stunned at the ability of those people (who previously I'd seen as handshakes and smiles) to very succinctly and strongly make and defend their points. I still thoroughly enjoy watching these people I revere battle hard for the issues they hold dear, while respecting the process and respecting their momentary adversaries' right and duty to advocate an opposing position.

All of that being said, I think it is somewhat foreign to the mindset of political leaders that someone would expect to be taken too seriously posting anonymously. But, I understand that people have employment and other concerns that might preclude providng their name. At the end of the day, comments probably stand or fall based on their merits. But, anonymity can cut off the conversation. When I am impressed by a comment, I often will contact the person who left it, to get more details. Of course, this can't happen when the comment is left anonymously.

Post with your name. Post anonymously. Whatever floats your boat. I'm just thoroughly pleased with the tenor of comments on my site, the Senate Site , and other sites devoted to Utah politics.

The Be Added Too(s)

Blessed are the analysts, for they shall receive information.

As the Governor puts together the list of items for the May 24th Special Session, there is no shortage of legislators requesting that their items be added too.

The mounting calculation errors of the Tax Commission strongly suggest that an item will be included on the call to allow the Tax Commission to better share information on projected revenues with legislative counsel and the legislative fiscal analyst. This is an overdue change that will help government function better by allowing more parties to analyze the data.

Technical corrections will be made to the transportation funding bill that was vetoed.

Beyond that, approximately 20 additional items are being pitched to the Governor by various players. Stay tuned for details.

Go, Stanton, Go

Stanton Roseman, a Dixie College graduate who helped me with wonderful research on a few projects, has started work as an intern with Senator Bennett. I'm very proud of him.

One of the best parts of being in the Legislature is working with the tremendously bright and gifted college students who intern and volunteer to help with the process. Sara interned for the Utah House when we were in college, and the memories are still some of her fondest. Tim Cosgrove, now Rep. Cosgrove, interned there at the same time.

Volunteers Wanted, Sort Of

Friday I talked about education at a convention put on by the Utah Taxpayers Association. Discussing ways to help public education in Utah, I talked about the largely untapped pool of willing volunteers we have. I talked about Sara's efforts with a second-grade class. She would go in and work with just one (struggling and very active) child. He thrived with the individual attention he received, as did the remainder of the class.

A friend in the audience later told me that the person sitting next to him shook her head and said, "That's horrible. I bet she's not even certified."

Happy Birthday, UPD

Utah Policy Daily is ringing in its second birthday. LaVarr and crew do an amazing job. I'm considering running a bill that would require them to publish on weekends also.

That Hurts

I just got home from wonderful graduation ceremonies at Dixie State College and decided to read the paper. An article describing last night's inauguration ceremony for President Lee Caldwell ended with this quote: "Everyone's happy - except with the Legislature that didn't give us the money we want."

Ouch.