Tribute to Utah’s Fallen

Representative Kerry Gibson spoke to honor Lt. Jeffrey Ammon and Pvt. Jordan Thibeault who lost their lives in Afghanistan and Iraq in 2008.  There was hardly a dry eye in the chamber or the gallery – even the camera men were wiping tears away.  Representative Gibsongraciously shared the text of his speech.  Here it is.

Mr. Speaker, Ladies and Gentlemen, and Most Honored Guests,

Families of the fallen

It is with the upmost honor, respect, and humility that I address this body today.  There are but a few moments in life when gratitude ceases to be a virtuous gesture, and instead becomes a solemn duty—even a sacred honor.  This is one of those moments.

Today we gather in solemn remembrance of 2 of our own sons, 2 brave souls, who made the eternal sacrifice at the calling of their nation.

Today, it is our pleasure to honor their service; yet it is our duty to honor those they loved and left behind.  President Abraham Lincoln once wrote to the mother of five fallen soldiers:  “I pray that our Heavenly Father may assuage the anguish of your bereavement and leave you only the cherished memory of the loved and lost and the solemn pride that must be yours and have laid so costly a sacrifice upon the altar of freedom.”

They are indeed the sons of liberty.  They are the legacy of courage.  They are the reason we remain free.  Freedom is a precious gift, given to the rest of us at a great cost.

They rushed into danger, knowing full well the risk.  Each of these, our sons, has added his own testimony to those soldiers who have gone before: that freedom is not free.

Family members of our fallen soldiers

Ronald Regan said, “Freedom is never more than one generation away from becoming extinct. Freedom is not passed down from one generation to the next through the blood stream. Freedom must be fought for and defended by each generation, otherwise you will be setting on your front porch in your old age, telling your children and your grand children what it was like to live in America, when men were free.”

Perhaps at that moment of realization, this prayer may have been offered:  Dear Lord, may this sacrifice make a difference, and may it keep someone else from having to do the same.

Such sacrificial love must never be taken for granted…it must never become a fading memory.  We must always remember…we must always remember, so that we may always be free.   For these soldiers, life had hardly begun.  They were in the dawn of life.  They had big dreams, and high hopes of their own, yet in the blink of an eye, at the calling of their nation, they would sacrifice their dreams for ours.

We unitedly proclaim today, that such heroism, such courage, such sacrificial love must never be forgotten. We must never forget that the free air we breathe is the product of the blood they shed.  Still, courage is not confined to the field of battle. It has been abundant in every home that has sent a son or daughter off to war.  Behind each name etched in the granite of a memorial wall are moms and dads, brothers and sisters, sons and daughters, who have paid a tremendous price. They gave the flesh of their flesh, the blood of their blood.

To this day, they cling to a final letter, an old yearbook, a letter jacket that still hangs in a closet—precious reminders of the loved one who never came home.

To the men and women, and especially the children here today who gave the gift of a father, a brother, or a son, we offer our profound thanks.  Today, they are our sons too.  You have endured unthinkable grief.  May God grant you His lasting peace.

We cannot return those who have gone. However, we can and we will cherish the virtue of their sacrifice in thought and deed.

Cot-side chat

Jason Chaffetz does a cot-side chat with Colbert.

Vocabulary increase

I learned a new phrase today.  “Revenue enhancements”.  Any guess what that is?  Yup, you got it -  tax increases.  They have also been called “government fees”.

Representative Carl Wimmer had something to say about that. He said that his family experienced a budget shortfall this year. “I added a ‘revenue enhancement.  You know what it’s called? It’s called a SECOND JOB!”

Cut, borrow or take

The House majority caucus lunch went 45 minutes past the scheduled start time as they talked and debated and talked some more about the budget.  Representative Eric Hutchings gave me the title for the blog when he said we have 3 choices – to cut the budget, to borrow through bonding or to take in the form of tax increases.  He also said that he believes we have moved past the first two and are starting to seriously discuss the third.

I want you to know that this is an emotional process.  At least one legislator choked up while talking about the hard choices facing this year’s legislature.  The tension could be cut with a knife.  In fact, I overheard some swearing from more than one rep.  They take this very seriously.

It was interesting and very educational to watch this caucus – it was like one giant committee meeting.  Leadership had a proposal that they brought forward that was a consensus proposal from House leadership, Senate leadership and the governor and that was proposal was to add $20 to the vehicle registration fees on a permanent basis and to be used for a variety of budgetary needs.  There was a significant amount of discussion to this proposal and to an amended amendment to postpone a vote until the next caucus meeting on Tuesday.

Finally, at 2:45, they called for a vote on whether this was going to move forward as a caucus bill.  The motion failed.

Anesthesiologist Assistants

Representative Julie Fisher sponsored a bill – HB 269, 2nd substitute - that would create a new licensure for “anesthesiologist assistants”, aka physician extenders.  She circled this bill in the am and brought it foward for discussion this afternoon.  This is a new profession, created just a few years ago.  According to their own professional website, the first license anywhere in the United States was 2005.  The licensing proposed in Utah specifies that the AA will be under “direct physician supervision”, will not be autonomous providers and will not have their own licensing board.

Representative Lockhart asked if this bill had gone through the Occupational and Professional Licensing Committee, aka sunrise committee, and it has not.  A number of Representatives pointed out that CRNAs practice autonomously, which serves rural Utah, but there are no anesthesiologists even applying and that is a serious concern, as well as the lack of training (2 years).  This could be seen as a move to push CRNAs – as autonomous providers – right out of the market.

Rep Fisher flatly stated that these are “extenders”, trained under the direct tutelage of an anesthesiologist and have a different educational path than the certified registered nurse-anesthetists.  They have a Bachelor’s degree in any field, and then 2 additional years of training.  She stated that the Utah Medical Association tried to meet with the CRNAs, but the meetings “fell apart”, so they decided to “push forward” anyway.  She stated we should not be the gate-keepers for professional licensure in this state, that we should let professions move forward and let the free market decide.

It failed on a 32-41 vote.

Round-up from morning floor time

A motorcycle helmet law on the consent calendar? Yup, it really happened. HB 237, by Representative Menlove is not opposed by any groups. It offers an incentive of a $10 reduction in fines if you are ticketed on a motorcycle and happen to be wearing a helmet when stopped. Unlike HB 158, a mandatory helmet law that will probably never pass in Utah, this bill sailed through and is now on to the Senate.

HB 141, Billboard Amendments, was uncircled, substituted and discussed. Minority leader, Representative David Litvack supported the substitute bill and state that it addressed all of his concerns. It passed out of the House with only 5 no votes and is headed for the Senate.

HB 184, Income Tax Credit for Disabled Dependent by Representative Dougall, provides credit to those who work around the clock to care for those with disabilities – an adult or child – and in the end, it saves the state dollars. Rep Menlove, Rep Mascaro, Rep Duckworth and Rep Beck spoke to the bill. Rep Harper spoke against the bill – great purpose, bad policy. There were several comments against the state’s “single rate tax”. It passed with 4 no votes. I hope it passes this session and doesn’t die on the calendar.

HB 390, by Rep Mathis, proposed Absentee Ballot Amendments which would require that applications for absentee ballots be applied for no later than the Friday before the election date and requires that in-person absentee ballots be cast no later than the Friday before the election.  Early voting (different than absentee) would still be available.  Rep Bird proposed an amendment that would let counties of the first and second opt out of the one-day shut down.  Representative Mathis resisted the amendment on the grounds that it is probably unconstitutional to not be uniform in voting policy across the state.  It was pointed out that in some of the smaller counties, this would affect approximately 20 people.  In Salt Lake county, it would affect over 5800 – and Salt Lake county is resisting this move.   It passed out of the House with a 49-26 vote.

Representative Julie Fisher uncircled HB 269, Anesthesiology Assistants Licensing Act, substituted it and re-circled it to allow more time for representatives to read the bill.

HB 142, Reporting Abuse or Neglect of the Elderly or Disabled, seems to me to be a no-brainer.  It allows for a background check to be performed on those who come into the home of an elderly or disabled person, and to share that information with the person seeking that care – including Meals on Wheels workders, etc.  It passed out of the House with 2 no votes (I wonder why), and is headed to the Senate.

HB 290, Prohibition of Wireless Communication Device in a Motor Vehicle , Representative Steve Clark’s anti-texting bill.  It amends the current “reckless driving” part of the code and has inserted “texting” as a primary offense – a class C misdemeanor.  It has clearly been shown that “distracted driving” can be as dangerous as driving drunk.  Representative Wiley proposed an amendment that would exempt those providing roadside assistance, law enforcement and a couple other categories.  Passed 55-20.  Texters, you are on notice – I predict you will not legally be able to text and drive come May.

Changing how sex ed is taught?

This is one bill you knew ahead of time how it was going to end up.  Right?  Didn’t everybody?  Representative Hemingway, running a fairly innocuous-sounding bill titled “Instruction in Health Amendments” presented to the House Health and Human Services committee at 5 pm tonight.  His presentation, combined with public testimony, went more than an hour.

Representative Hemingway said that this bill clarified that promotion of abstinence was still an important part of “health education” in public schools, but that teachers should also be able to teach “medically accurate” information.  In an interesting twist (at least to me), the PTA spoke against the bill and stated that they were concerned that education would turn into advocay and then the UEA spoke FOR the bill and claimed that it supported families on an important, yet sensitive topic.  I always thought the PTA and the UEA walked hand-in-hand on any and every political issue, so there ya go.

Of course, Planned Parenthood spoke, as did Eagle Forum.  Chlamydia and gonnorrhea are on the rise – no question, but is it caused by abstinence-only education?  Representative Daw pointed out that in the school districts where abstinence-only curricula is used, the rates overall are actually lower than in other portions of the state.  The Planned Parenthood representative, who is also a minister said this: “We believe it is immoral to only provide abstinence-only education.”  Wow.  I never thought I’d hear abstinence immoral.  (OK, OK, that’s not ‘exactly’ what he meant, but still)  One of the opponents also took a swipe at Bristol Palin.  Sigh.

The committee voted to move to the next item on the agenda, one more way to kill a bill.  One of the kinder and gentler ways to kill a bill.

Raising taxes on cigarettes

HB 219, Tobacco Tax Increase, by Representative Paul Ray was heard in committee today.  It’s been all over the news, with advocates and opponents.  Do we raise taxes on something we don’t like people doing?  Do we oppose it because tax increases are bad?  Do we support it and hope more people quit?  Do we oppose it and ask that the burden be shared by more people?  What to do, what to do.

In the end, Representative Ray substituted his bill so that the increase is the national average plus one cent.  He asked the committee to please remember that cigarettes KILL people and that it’s OK to decrease the revenue stream from things that KILL people.The committee listened to testimony for the bill, mostly from the medical community who claimed that in fact, it would not be a tax, but actually a huge money-saver for the state, as medical bills to treat complications from smoking would decrease.  People spoke in opposition because of the increased tax burden, especially to those who struggle financially anyway.  They stated that a black market in cigarette trafficking from Wyoming would undoubtedly start up.  One representative commented that another state had proposed a tax on bullets, since bullets kill people, and wondered where it would end.

In spite of a strong bias against raising taxes, it passed out of committee on a 6 to 1 vote and is on to the floor of the House.

Immigration hot topic

HB 208, Modification of Exemption from Nonresident Tuition by Representative Greenwood.  This bill was presented to a packed committee room on Feb 18th.  This does not repeal the resident tuition offered to all residents of the state, including those who are here illegally, but instead, makes it clear that if students are working illegally, they will no longer be eligible for the in-state tuition rate.  Each student would be required to sign an affadavit at the beginning of each semester affirming that they are not employed illegally.  The bill passed out of committee on an 8 to 1 vote, with 3 being absent.

It was debated on the House floor today.  Representative Greenwood stated that he supports the rule of law.  If undocumented residents are working, it is likely they have committed at minimim, identity theft – a felony.  That would permanently bar them from ever getting citizenship in the US.  Over 50,000 Utah children have had their social security numbers stolen.  According to the sponsor, this bill is compassionate in making it clear that undocumented students should be following the rule of law and in fact helps keep them from committing felonies.

Opposition came from both sides of the aisle with a plea for compassion for those students who are trying to better themselves and get ahead by working to put themselves through school.

It was the closest vote so far this session and a request to “call the House” was made, meaning that all legislators had to be found and asked to return to the Chamber to vote.  It failed on a 32-40 vote.

Pleasant Grove wins court case!

The U.S. Supreme Court has ruled unanimously that Pleasant Grove cannot be forced to place a  religious sect’s monument in its park, even though the city already displays other religious monuments like the Ten Commandments.

The ruling handed down early Wednesday morning sides with Pleasant Grove.  In historic Pioneer park, there are several different privately donated displays. They include a monument to the Sept. 11 terror attacks, a stone from the original LDS temple in Nauvoo, an historic granary, a wishing well and a Ten Commandments display.

The justices unanimously sided with the city of Pleasant Grove, and overturned an appeals court ruling which ruled against the city.  The justices said a ruling for the religious group would mean public parks across the country would have to allow privately donated monuments that express different views from those already on display.

In the court’s opinion, Justice Samuel Alito said the placement of a permanent monument in a public park was not subject to scrutiny under the U.S. Constitution’s free-speech clause.  “It is hard to imagine how a public park could be opened up for the installation of permanent monuments by every person or group wishing to engage in that form of expression,” he wrote.

This will be likely result in many cities evaluating and re-evaluating their monument placement policy.