The 2017 Libertas Legislator Index


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The following bills were selected for inclusion in the 2017 Libertas Institute Legislator Index. Below each bill's title and number is our summary and explanation of why we supported or opposed the bill.

Driving Under the Influence and Public Safety Revisions (HB155)

This bill lowered the legal blood alcohol concentration level from 0.08% to 0.05%, criminalizing a whole host of drivers who have not harmed another person or property.

This bill passed the House 48-26 and passed the Senate 17-12. Libertas supports a "nay" vote, because according to data from the state, the average BAC level for DUI arrestees is nearly 0.15%, almost twice the existing legal limit. Lowering this limit has the effect of criminalizing people who may be unwisely driving after a drink or two, but who are not necessarily impaired nor recklessly driving.

Municipal Enterprise Fund Amendments (HB164)

This bill requires cities to be transparent in how they transfer surplus revenues for government-owned utilities as a way to circumvent the Truth in Taxation process to generate more revenue for the city.

This bill passed the House 61-11 and passed the Senate 20-0. Libertas supports a "yea" vote.

Human Trafficking Amendments (HB176)

This bill would have added certain human trafficking offenses to the list of crimes for which the death penalty can be imposed.

This bill passed the House 38-37 but was not considered in the Senate. Libertas supports a "nay" vote, because no other state has this requirement, and Utah already has the longest list of offenses for which the death penalty can be sought. As we have explained elsewhere and at great length, capital punishment is an ineffective deterrent, too costly, and most tragically, can lead to the execution of people who were actually innocent of the crime for which they were convicted.

Good Landlord Amendments (HB178)

This bill prohibits most cities from requiring property owners to deny tenancy to convicted criminals as a condition of joining the city's "Good Landlord" program.

This bill passed the House 62-9 and passed the Senate unanimously. Libertas supports a "yea" vote.

Civil Asset Forfeiture Reform Amendments (HB19)

This bill would have prevented prosecutors from using civil asset forfeiture (taking people's property) unless they had convicted the owner of the related crime, among other important changes.

This bill passed the House 58-10 but was not advanced in the Senate; a compromise bill was instead considered. Libertas supports a "yea" vote, because people should be presumed innocent until proven guilty of an alleged crime.

Concealed Carry Amendments (HB198)

Prior to this bill, Utah law allowed adults age 21 and over to obtain a concealed carry permit. This bill created a provisional permit accessible to adults age 18 to 21 to conceal carry a firearm.

This bill passed the House 63-12 and passed the Senate 23-6. Libertas supports a "yea" vote because the right to keep and bear arms is fundamental and should be available to all adults; this bill is a path in the right direction.

Juvenile Justice Amendments (HB239)

This bill incorporated many changes proposed as part of a comprehensive review of the juvenile justice system with many different stakeholders. There are multiple benefits to the proposals, including make clear that juveniles guilty of status offenses (for example, school truancy) should not end up in juvenile detention.

This bill passed the House 68-7 and passed the Senate 24-0. Libertas supports a "yea" vote, because without much oversight the number of laws, and the method of their enforcement, many injustices in the "justice" system have occurred. This legislation helps move the system in a better direction.

Short-term Rental Amendments (HB253)

This bill prohibited cities from using short-term rental websites to enforce their restrictions or prohibitions on rentals, effectively requiring them to enforced based on complaints or evidence.

This bill passed the House 71-1 and passed the Senate 28-0. Libertas supports a "yea" vote because homeowners should be free to share their property, even for money, and this bill is a small step in the right direction.

Safety Inspection Amendments (HB265)

This bill repealed the mandatory vehicle safety inspection program in Utah.

The bill originally passed the House 45-29 and passed the Senate 19-6. Libertas supports a "yea" vote, because as we wrote in a recent public policy brief, Utah was the only western state besides Texas to require this program, which lacks any supporting evidence to demonstrate it actually reduces mechanical failures and car crash fatalities. Lacking this data, it needed to be repealed.

Criminal Procedure Revisions (HB332)

This bill would have allowed juries to be informed about the potential sentenced faced by a defendant whose fate they are tasked with deciding.

This bill failed in the House on a 29-45 vote. Libertas supports a "yea" vote.

Telehealth Pilot Project (HB345)

This bill spends $350,000 in taxpayer money to fund a telehealth pilot project to increase access or convenience to health care, including in rural populations in the state.

This bill passed the House 67-4 and passed the Senate 24-2. Libertas supports a "nay" position, because taxpayers should not be compelled to fund telehealth projects for those who choose to live in rural areas, especially since commercial providers are already innovating and expanding access to telehealth services.

Ranked Choice Voting (HB349)

This bill would have created ranked choice (or "instant runoff") voting for primary and nonpartisan municipal elections, allowing voters to more accurately designate their preferences.

This bill passed the House 59-12 but failed to pass a Senate committee.

Public Transit Amendments (HB360)

This bill would have increased the criminal penalty for individuals distributing drugs in or nearby public transit vehicles, facilities, and parking lots.

This bill failed in the House on a 32-41 vote. Libertas supports a "nay" vote.

Penalty for Targeting Law Enforcement Officer (HB433)

This bill makes it criminal homicide, constituting aggravated murder, if a person intentionally or knowingly causes the death of a police officer.

This bill passed the House 54-15 and passed the Senate 24-4. Libertas supports a "nay" vote, because this policy unfairly and illegitimately places citizens in a second class below the employees they hire to protect them. Further, the bill is poorly drafted and awkwardly defined, creating a confusing definition of what it means to target a law enforcement officer.

Alcohol Amendments (HB442)

This bill compelled all restaurants to either have a "Zion Curtain" (an opaque barrier hiding liquor from patrons), a "Zion Moat" (a 10 foot barrier between the bar and any seats where Utahns under 21 may sit, or another smaller barrier between the bar and seats. The bill also increased the already steep tax on liquor by 2%, making the "sin tax" even more burdensome.

This bill originally passed the House 58-10 and passed the Senate 20-9. Libertas supports a "nay" vote, because it eliminates a grandfathering exemption for existing restaurants that don't currently have to comply with the Zion Curtain law, and will come at a significant cost to restaurants with no benefit.

Occupational and Professional Licensure Review Committee Amendments (HB94)

This bill modified a legislative committee that has oversight over occupational licensure—the area of law that requires a person to obtain a permission slip prior to offering their services to others. Among other important changes to the law, the bill empowered the committee to review existing licenses and find potentially less burdensome regulatory methods to still protect public safety. This bill passed the House 67-5 and passed the Senate 24-1. Libertas supports a "yea" vote. A recent report ranked our state as being the 12th most burdensome for occupational licensure, and reform is needed. Empowering this committee to investigate these issues is a good first step in that direction.

Bigamy Offense Amendments (HB99)

This bill targeted polygamists and perpetuates their felony status, and was run by the Attorney General's office to strengthen the statute's ability to withstand future legal challenges.

This bill passed the House 48-25 and passed the Senate 15-14. Libertas supports a "nay" vote, as this bill makes a bad problem worse and unfairly targets and legally discriminates against polygamists in the state, classifying them as felons.

Sales Tax Collection Amendments (SB110)

This bill would have compelled out-of-state companies to collect and remit sales taxes on purchases made by Utahns, if and when the company sells more than $100,000 in product or services to Utahns. It would have created up to $94 million in new revenue for the government without a corresponding tax decrease to be revenue neutral. This bill passed the Senate 25-1 but failed to pass a House committee. Libertas supports a "nay" vote, because out-of-state companies should not be deputized into tax collectors for the state of Utah, and the government should not be given new revenue without a corresponding tax decrease.

Compulsory Education Revisions (SB115)

When a child is habitually truant from school, the parent can currently be charged with a class B misdemeanor. This bill would have repealed that criminal charge. This bill failed in the Senate on a 13-16 vote. Libertas supports a "yea" vote, because parents are the stewards of their children and compulsory education laws violate their fundamental right to dictate how a child should be educated. Eliminating this parental punishment is an important goal.

Helmet Requirement Amendments (SB159)

Prior to this bill, the law required motorcycle drivers under the age of 18 to wear a helmet. This bill increased that age to 21, forcing adults age 18 to 21 to wear helmets.

This bill passed the Senate 17-12 and passed the House 43-30. Libertas supports a "nay" vote, because while cyclists should responsibly wear helmets, adults should not be compelled to do so by their own government.

Utah Communications Authority Amendments (SB198)

Prior to this bill, Utah had the 16th highest wireless tax rate. This bill put us at #10 on the list, by increasing fees by $6.72 per phone line per year, taking nearly $20 million more from Utahns for stated purposes of upgrading emergency communications infrastructure.

This bill originally passed the Senate 25-2 and passed the House 55-17. Libertas supports a "nay" vote, because the state already receives significant revenue from existing fees and should not be allowed to take even more.

Food Truck Licensing and Regulation (SB250)

This bill streamlined and removed regulations placed on food truck owners in Utah.

This bill passed the Senate 23-1 and passed the House 73-0. Libertas supports a "yea" vote, because as outlined in our policy brief last year, food truck owners faced substantial regulation that severely restricted their ability to succeed. These reforms are a huge step in a positive direction for this industry.

Funding for Education Systems Amendments (SB255)

This bill would have increased property taxes to generate an additional $20 million for government schools.

This bill passed the Senate 25-2 but did not receive a vote in the House. Libertas supports a "nay" vote, because the education establishment should not receive additional money to throw towards antiquated methods of instructing children, and the bloated administration that has grown in recent decades.

Outdoor Recreation Grant Program (SB264)

This bill imposed a new, additional .32% tax on those staying in hotels or short-term rentals in Utah to fund grants for outdoor recreation that build recreational infrastructure, "promote outdoor exercise," and advertise "the beauty of Utah's outdoors." Money is also used to create education programs for high schoolers to learn about the hotel management industry.

This bill passed the Senate 20-4 and passed the House 44-29. Libertas supports a "nay" vote, because the Utah Legislature has repeatedly increased taxes in recent years; taking even more money from Utahns and tourists, especially for activities government should not be involved in, is not justified and should be opposed.

Utah Marriage Commission Amendments (SB29)

This bill would have increased the marriage license fee by $20, allowing individuals to receive their money back if they took a pre-marital counseling course.

This bill failed in the Senate on a tie 14-14 vote. Libertas supports a "nay" vote.

Asset Forfeiture Transparency Amendments (SB70)

This bill enhanced a forfeiture transparency bill that Libertas Institute first proposed two years ago, in order to collect more information on how forfeiture cases are being handled. This bill passed the entire legislature unanimously. Libertas supports a "yea" vote. A recent poll showed that 86% of Utah voters oppose civil asset forfeiture. Given the concern over this issue, the public needs to gain a better understanding of how this law is being used, and how it might be further reformed.

Local Government Licensing Amendments (SB81)

Prior to this bill, the law allowed cities to require home-based businesses to obtain permits and pay fees as a condition of operating in the resident's home. These fees were often significant compared to the revenue such businesses produce. This bill largely carved out such small, home-based businesses, exempting them from licensure and fees. This bill passed the Senate 28-1 and passed the House 62-8. Libertas supports a "yea" vote, because just like no regulation is needed of lawful commercial enterprises conducted within one's home, cities should not be allowed to require such businesses to pay fees—since no corresponding services are provided to them for such payment.

Sales Tax Notification Amendments (SB83)

This bill would have required that companies that sell more than $500 worth of merchandise to a Utah customer provide the state with a statement of the customer's name, billing and shipping address, and the total dollar amount of the sales. This would have essentially turned out-of-state companies into tattle-tales. This bill passed the Senate 24-1 but failed to pass a House committee. Libertas supports a "nay" vote, because the state of Utah has no constitutional authority to deputize companies in this fashion that are not subject to Utah law, given that they have no presence within the state.