The Voucher Mess: How we got into it and how we can get out

by Senator Scott McCoy
Senate District Two

Assuming the Lt. Governor certifies the requisite number of valid signatures that have been submitted to place the voucher issue on the ballot, the ensuing vote on HB 148, Parents Choice in Education Act, should be properly interpreted as an up or down vote on the issue of whether the citizens of this state want a private school voucher program funded by taxpayer dollars. I believe the vast majority of the nearly 130,000 Utahns who signed their name to the petition, including myself, were seeking a straight-forward, clear vote on whether we should have a taxpayer-funded private school voucher program. Unfortunately, because there were two bills (HB 148 & HB 174) regarding the creation and implementation of such a program that passed the Legislature last session, there is some ambiguity surrounding the voucher referendum and what its outcome might mean.

During this past legislative session, HB 148 was the primary voucher bill. It passed the House by one vote. When that bill came to the Senate, it was debated and amendments were offered. HB 148 did have some problems that even the voucher proponents recognized. All of the amendments offered were voted down by the Republican majority because if any of those amendments had passed, the bill would have had to go back to the House for further action. Going back to the House was a scary proposition for voucher proponents because they were uncertain whether they could hold their votes in the House. In the end, HB 148 passed the Senate with all eight Democrats and two Republicans voting against it. The Governor signed the bill immediately.

A few days later, another bill, HB 174, School Voucher Amendments, was presented to the Legislature. This bill was explained as a clean-up bill; a bill to fix the very concerns that many of the voucher opponents had expressed during the debate on HB 148. Some of the amendment that we had offered to HB 148 had been incorporated into HB 174. Knowing that the primary voucher bill had been signed by the Governor and wanting to cure some of the more egregious problems with the original voucher bill (like requiring private school teachers to undergo criminal background checks the same way public school teachers must), I, and many of my colleagues opposed to vouchers, voted for HB 174. Little did we know that doing so would create an issue on the referendum front. HB 174 passed the Legislature by two-thirds majorities in both bodies. The effect of this was that the bill became referendum-proof. According to Utah law, if a bill passes by two-thirds majority, it cannot be subject to a referendum. Unfortunately, there is enough of the original bill repeated in HB 174 to implement the voucher program even if the referendum against HB 148 succeeds. In other words, HB 174 appears to be a stand alone voucher bill in its own right. Unfortunately, none of us were made aware of the plans for a referendum on the voucher law when we cast our votes on HB 174.

And therein lies the rub. We find ourselves in the untenable position where it is perfectly possible that the voters could approve the repeal of HB 148 because they oppose a taxpayer-funded private school voucher program while at the same time a taxpayer-funded private voucher program is being implemented pursuant to the referendum-proof HB 174.

So, what to do? Well, here is what I call on Governor Huntsman and my fellow legislators to do. Governor Huntsman should call a Special Session (he likely has to anyway to put the referendum on the ballot for the February Western States Presidential Primary) and put on the Call a bill to suspend the implementation of any taxpayer-funded private school voucher program, i.e., both HB 148 and HB 174, until after the referendum. The bill would instruct the Office of Legislative Research and General Counsel to write the ballot language for the referendum to make it clear that the referendum is on the broader question of vouchers. This would make it crystal clear that the referendum is about the issue of vouchers in general; a popular up or down vote on taxpayer-funded private school vouchers. If the referendum passes, the issue would be settled and the bill would bar the implementation of HB 148 and HB 174. If the referendum fails, then game on; Utah has a voucher program. My fellow legislators should support this proposal. This is what was intended in seeking the referendum on HB 148 all along. This is perhaps one of the most important and controversial issues to face the state in many years. It is appropriate that the people should decide the issue in a clear and unequivocal manner.

Utah tops the list!

Slated to “kick off” the third week of every September and run throughout the school year, the America’s Legislators Back to School Program gives elected officials in all 50 states the opportunity to meet personally with their young constituents and to answer questions, share ideas, listen to concerns and impart a greater understanding of the legislative processes necessary for developing effective public policy and engaged citizens.

UTAH TOPS THE LIST WITH 81% OF LEGISLATORS VISITING SCHOOLS IN THEIR DISTRICTS DURING 2005-2006. Click here to view the top ten states.

Congratulations to our 104 legislators and to Shelley Day in the Office of Legislative Research & General Counsel who coordinates the program for the Utah Legislature.

Sponsored by the National Conference of State Legislatures, the program is designed to teach young people–the nation’s future voters and leaders–what it’s like to be a state legislator: the processes, the pressures, and the debate, negotiation and compromise that are the very fabric of representative democracy. The program is emphasized as a bipartisan event. Legislators of both political parties are urged to participate in this national event and help bring civics to life for young people.

Reducing Teen Pregnancies

by Senator Ross Romero
Senate District 7

I am writing on the heels of the Supreme Court’s recent decision in Gonzales v. Carhart. While I firmly believe that the life and health of the mother should be considered in the analysis of the very difficult decision of an abortion, I believe we are missing an opportunity to have a broader, more important discussion which is the prevention of unwanted pregnancies.

I recently became reacquainted with the National Campaign to Prevent Teen Pregnancy (www.teenpregnancy.org) whose mission is to assist young women in avoiding getting pregnant. This, of course, requires a discussion not only in teaching abstinence as a preferred form of unwanted pregnancies but also having a responsible discussion centered around using protection when teens become sexually active. My understanding is most teens begin to engage in sexual activity at age 14. Therefore, it is incumbent on parents to have discussions with their kids about abstinence and also protection issues before this age. Unwanted pregnancies have a tremendous impact on an individual’s opportunities in life and socioeconomic status.

It is important to note that teen pregnancy is 100% preventable. When one in three teens becomes pregnant by the age of 20 and teen childbearing costs tax payers at least $9.1 billion annually, this is an issue that affects us all and our communities. I believe we need to be more diligent in encouraging sex education discussions by parents with their teens and the responsible use of protection to continue to decrease unwanted pregnancies.

Finally, I want to encourage parents to take away from this discussion having their teens, and especially young women participate in athletics in junior high and high school. As I understand it, most pregnancies occur between the hours of 3:30 and 6:00 p.m. when our youth are left without adult supervision. If our youth and particularly our young women are engaged in organized athletic activities, they build self-esteem, have the friendship of peers, set goals and delay being sexually active.

Mystery Photo…

What happened? Can you identify when, where and how???

New photos in the Gallery….

New photos posted today in the Photo Gallery. Roll your mouse over the picture for an explanation; click the pic for an enlarged view.

He’s at the Capitol…

Senator Mayne was at the Capitol yesterday attending his meetings, confirming the governor’s appointments, and enjoying lunch with our caucus. (In case you just tuned in, Senator Mayne announced last week he has lung cancer and has begun chemotherapy.)

On the Senate floor, he asked for a Personal Privilege to address his colleagues in the Senate. Senator Mayne thanked his fellow senators and the staff for their expressions of concern in the form of telephone calls, cards, etc. With the assistance of an excellent medical team, colleagues, friends, and family (particularly the female caretakers of the family!), he has a positive outlook.

Way to go Senator Mayne!

Distinguished Alumni

Former Senator Patrice Arent and current Senator Ross Romero (both Democrats) are featured in the “Alumni Spotlight” of the Hinckley Institute of Politics Newsletter (p. 18). The newsletter is published annually, and the recent edition takes “A Look Back at 2006,” when Patrice Arent was still a senator and Senator Romero was still a representative. Click here to read the “Alumni Spotlight” page in the newsletter or just click here and scroll down to read the profiles of former Senator Arent and current Senator Romero. We’re PROUD of our distinguished caucus members, past and present.

Health Update

Statement from Senator Ed Mayne:

As you know, a number of legislators were ill during the session. Many were treated for pneumonia, and Senator Ed Mayne, also visited his doctor last week with pneumonia-like symptoms. The doctor prescribed antibiotics and a CT scan of his lungs.

While being treated for pneumonia, the CT scan picked up evidence of cancer in his right lung. The bad thing is that Ed has cancer; the good thing is that the cancer was detected early. Senator Mayne has undergone ten days of testing to determine diagnosis and now has started aggressive chemotherapy treatment.

With early detection and a great medical team in charge, Ed and his wife Karen feel the outlook is positive. They will appreciate your prayers of support. In talking with his Democratic nurse, she informed Ed that anybody who works or is involved in the health care industry who doesn’t support Democrats is crazy/uninformed. :o)

Recent experiences among persons of local and national notoriety have raised cancer awareness in 2007. Senator Mayne hopes his own experience will provide an incentive for everybody to monitor their health by having regular physical exams and cancer screenings, the keys to prevention and early detection.

Senator Ed Mayne

P.S.
Senator Mayne has served in the Utah State Senate since 1995. We love Ed. For a warm, personal look at Ed and Karen Mayne, take a look at his website www.edmayne.com. Ed, our prayers are with you.

The Senate Democrats
Mike
Gene
Pat
Fred
Scott
Brent
Ross

DEJA VU

In last Monday’s Tribune, a pamphlet was tucked away in the folds of the newspaper entitled “The Real Salt Lake Stadium.” Here is an excerpt from page 2:

Who supported HB38?

“The new law received broad bi-partisan support from both Democrats and
Republicans, with support from Senate President John Valentine, House
Speaker Greg Curtis, Majority Leader Dave Clark, and Minority Leader
Ralph Becker.”

Noticeably absent from the list of bi-partisan supporters in the pamphlet (and on the ReAL website) is Senate Minority Leader Mike Dmitrich.

Deja vu???

After the passage of HB38, a pompous news conference was held outside the State Capitol, attended by key players who put the deal together (political players–not soccer players, though they were in attendance, also).

To his credit, Governor Huntsman acknowledged the bi-partisan effort and invited the State’s minority leadership to attend the news conference. Senator Dmitrich even took a turn at the dais.

ReAL owner Dave Checketts and his entourage then presented ReAL scarves and jerseys (with their names on them) to Republican legislators and left the Democrats scarfless and jerseyless.

The issue is not a scarf or a jersey. The issue is that Mr. Checketts failed to acknowledge the vital role of BOTH parties in passing HB38, which appropriated funds for the stadium.

Six Senate Democrats deserve thanks for their aye votes, which were ABSOLUTELY NECESSARY for the stadium ReALity.

Grand Old Elected Official & Sports Official

Don’t miss today’s Utah Policy Daily featuring a profile of Utah Senate Minority Leader Mike Dmitrich. He was elected in 1968 to the Utah Legislature at the age of 31 and has served continuously since then, making him Utah’s longest-serving legislator. It is a colorful characterization written by Greg Jarrard entitled “Mike Dmitrich: Grand Old Man of the Legislature,” and also highlights his professional career and his career as a high school basketball and football referee. He and his wife Bo live in Price USA (as he affectionally calls his home) and have three children and three grandchildren.