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LEGISLATiVE SUCCESSES

2008 Legislative Session Successes

By far the most important success of the 2008 session was the birth of our son Reagan on February 5, 2008.  Both mother and baby are doing well.  Alia and I decided to name him Reagan for several reasons.  He was born the day before Ronald Reagan’s birthday and during the legislative session.

House Bills that I Sponsored and Passed:

HB 339 – Human Trafficking Amendments
Human Trafficking is modern day slavery and unfortunately still exists today in U.S. and even in Utah.  The U.S. Government estimates that annually between 600,000 – 800,000 people are transported across international borders - millions more are transported within various countries.  Examples include women transported for prostitution, men for slave labor, women and children for domestic servitude.  The most heinous crimes that the federal government is currently investigating is a child prostitution ring within the United States involving girls as young as nine.

HB 339 basically codifies Utah State Statute with U.S. federal law.  This has several benefits.  Local officers who are most likely to witness the crimes will become more aware of the situation.  Over the next few months, a non-profit organization plans to work with local police departments to help them know what to better look for. It is important for prosecutors and officers to know when a case may be more than just a domestic violence abuse, basic prostitution or other forms of child abuse.  Also, having the law on the books makes Utah eligible for federal grant money to further help with the problem.

Although others in the past had tried to get this bill passed, I took the lead and with the help of others was able to get this bill through.  It passed 72-0 in the house and 27-0 in the Senate – truly a bipartisan bill. 

Although HB 339 is not an illegal immigration bill, it does deal with the aftermath of illegal immigration since those caught in the web of human trafficking are often enticed by jobs.  Just as the drug user must take some responsibility for the carnage that takes place in the drug trade so those who illegally hire must take some responsibility for those caught up in Human Trafficking since they provide the incentive which leads to loss of freedom for many individuals.

HB 136 – Authority to Establish a Refugee Service Fund
Having served on a task force to study ways to help the refugee community in Utah, I was asked by the Department of Community and Culture to run HB 136.  Refugees are legal immigrants who have specific difficulties that most other immigrants do not face. They have very little support since they are told by the federal government where to reside. 

HB 336 was part of an overall plan to streamline the process to better serve the refugee community.  Various departments were combined and a refugee committee was organized to help make suggestions.  Private donors are willing to give money to help these refugees but needed a fund to be established.   HB 336 set up this fund.  This is truly government at its best – non-tax dollars given voluntarily to help a worthy cause.  I wish all government programs could be done like this.   

HB 187 - Death Caused by Illegal Drugs
HB 187 allows the family of a member who died from illegal drugs to sue drug dealers as well as anyone in the chain of providing the illegal drugs for treble damages.  The goal is to take all profit out of the drug trade.  Drugs of today are specifically designed to get children and adults addicted immediately.  The meth and heroin produced now can cause instant addiction.  Even Marijuana is 30 times stronger than in the past.  Illegal drugs are truly a defective product and should be treated as such.  The state allows for treble damages in 32 instances.  Good companies can be sued for treble damages, why not drug dealers?

Originally the goal of HB 187 was to tighten criminal laws.  But, as in many instances, HB 187 changed as I worked with others. Since we have an overburdened prison system and other criminal laws in statute (which were often difficult to prove) I decided to take a different approach.  In civil court, the burden of proof is a preponderance of evidence standard and therefore easier to prove.  No one should profit from the illegal drug trade.  HB 187 morphed into a bill to empower families to do something about the tragedy and prevent others from suffering the same fate. 

It is absolutely crucial that families teach their children to stay completely away from drugs.  Our children must be taught that there is no room for any experimentation. 

HB 268 - Health Care Facilities Membership
Over 60,000 procedures a year are performed at surgical centers throughout the state.  Surgical centers had no seat on the committee that regulates health care facilities – HB 268 resolves this.  In a compromise, a seat was added for hospital affiliated surgical centers and stand alone surgical centers. 

HB 371 – Digital Certificates for Breathalyzers
HB 371 was an attempt to bring state government into the 21st Century (or at least the last part of the 20th).  Currently, each time that a D.U.I. case is prosecuted, the Highway Patrol must physically send a Certificate of Calibration to the court for each individual case and then sign an affidavit that it is correct.  HB 371 simply allows the Highway Patrol to upload the certificate to a secure website where it can be accessed by the courts rather than having to be physically mailed each time. HB 371 saves the state money. 

House bills that I Sponsored that Did Not Pass But Were Still a Success:

HB 152 – Fund for Impaired and Related Violations
The intent of HB 152 was to establish a mechanism for the Highway Patrol and other agencies to recoup money spent on phlebotomy draws.  More and more impaired driving cases involve drugs rather than alcohol – breathalyzers do not work for such cases.  The cost of these blood draws was carried by the Highway Patrol.  Through the process we learned that there is already a mechanism in the court system where reimbursement can take place.  Rather than push a redundant bill through, I abandoned the bill and informed the various agencies of the process to recoup costs.  Tens of thousands of dollars can be saved over the next few years. 

HB 257 – Employee Verification
HB 257 dealt with the increasing problem of identity theft in Utah.  The Attorney General estimates that over 30,000 Utah children’s identities are being used by others.  Over 200,000 Utah adults have had their identities compromised.  HB 257 passed the house, but I pulled the bill when SB81, which included the
same measure, passed the Senate.  I then supported SB81 and helped it get passed in the House.

HB 136 - Illegal Drug Activity Reporting System
 
HB136 passed the House, but died five bills down on the Senate Board on the last night of the session- another hour and it would have passed.  The Department of Public Safety liked the idea and is going to use existing resources to accomplish the task anyway.  HB 136 is a web based program that allows
an individual to click on a map where suspected drug activity was observed and pulls up the contact information of the various agencies that have jurisdiction.  It will allow tracking of the effectiveness of drug tips.

The great thing about my bills that I sponsored this year is that three of them actually saved the state money and the rest were revenue neutral.  I helped save the state money and made the state more effective.