Salt Lake Tribune Guest Commentary: Van Dam: Utah’s Land Grab Ripoff

Are there any armchair "legal eagles" out there in Weber County Forum Land who can produce some legal authority to refute Mr. Van Dam sensible admonition?

Early Utahns accepted this deal with the disclaimer clearly stated twice in the Enabling Act, in Section 3 and again in Section 12. The latter specifically gave Utah over a million acres, and then again stated, "The said State of Utah shall not be entitled to any further or other grants of land for any purpose than as expressly provided in the Act."

Salt Lake Tribune - Paul Van Dam
Van Dam: Utah’s land grab ripoff
April 6, 2013

Section 3. "...the people inhabiting said proposed State [Utah] do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof; and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States..."
Section 12. "The said State of Utah shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this act; and the lands granted by this section shall be held, appropriated, and disposed of exclusively for the purposes herein mentioned, in such manner as the Legislature of the State may provide."

Utah Government Archives
Statehood Enabling Act
July 16, 1894

We'd like to belatedly put the spotlight on Saturday's most-excellent Salt Lake Tribune guest editorial, in which Utah's former State Attorney General makes mincemeat of the persistent but knuckle-headed argument of some in Utah State and Federal Government, who assert at the top of their lungs that the State of Utah has some legitimate claim of right, title or interest to some 20 million acres of federal lands which were retained and withheld from Utah state ownership by the federal government as a condition for  Utah statehood, pursuant to terms of the Utah Territorial Government's 1894 Enabling Act:

• Van Dam: Utah’s land grab ripoff

Read The Act yourselves, O Gentle Ones, and you be the judge of whether it contains any promises to convey to Utah these retained federal lands, either express or implied (or written in tea leaves):

• 1894 Enabling Act

2012 Sagebrush Rebellion

During the 2012 General Session the state legislature passed Rep. Ken Ivory's "2012 Sagebrush Rebellion-style" H.B. 148, which, among other things, sets a drop-dead federal deadline, "requiring" "the United States to extinguish title to public lands and transfer title to  those public lands to the state on or before December 31, 2014." Presumably, assuming that this isn't merely "idle talk," this would possibly trigger the filing of a lawsuit at some future date, once the federal government predictably ignores this childish, frivolous and (yes) idiotic and Utah legislatively-imposed "crisis point."

As Mr. Van Dam says, "Utah taxpayers have just been scammed, and a lot of money is about to be wasted."

So what about it, WCF readers?  Are there any armchair "legal eagles" out there in Weber County Forum Land who can produce some legal authority to refute Mr. Van Dam fact-based and sensible admonition?

Salt Lake City Weekly: Sierra Club Releases Scorecard for 2012 Utah Legislature

Open the links to find out how your local State Senator and House Representative fared in the Sierra Club scorecard ratings

With the 2012 Utah General Election creeping up a little more that six months from now, Salt Lake City Weekly carries an informative story this morning which might be of interest to the "environmentalist" readers.  Here's the lede:

Ten legislators from the 2012 session earned their green stars and received 100 percent scores for voting with the environment, according to scorecards released by the Utah Chapter of the Sierra Club.
One legislator, Rep. Ken Sumsion, R-American Fork, who passed a bill this session to allow the state to try and take over 30 million acres of public land from the federal government, not surprisingly did not fare well, earning the group’s only 0 percent ranking.
The scorecard ranked legislators based on their voting for or against key pieces of legislation including the public-lands bills. The card also evaluated other bills like Senate Bill 21, which changes the makeup of environmental advisory boards, and Senate Bill 245, which appropriates $750,000 in ongoing funds by increasing the bounty for those who exterminate coyotes.

Read the full story here:

• Sierra Club Releases Scorecard for 2012 Legislature

For a complete list of legislative bills considered by the Sierra Club in compiling these ratings, click the link below:

• 2012 Utah Sierra Club Legislative Scorecard - Bills Considered

Open these links to find out how your local State Senator and House Representative fared in the Sierra Club 2012 scorecard ratings:

• Utah House Scorecard: 2012 General Session
  
• Utah Senate Scorecard: 2012 General Session
  

As Utah Sierra Club Chapter Manager Mark Clemens sez, “As you are probably aware, when [Republicans] go back to their caucuses, if it appears they are too supportive of [the environment] then it can actually get them in trouble;” and that knuckle-headed bias certainly shows in the ratings, dunnit folks?

Don't let the cat get your tongues.

Salt Lake Tribune: Utah’s Out-of-touch Lawmakers

Perpetual motion... can't be explained with reason or logic

Insanity: doing the same thing over and over again and expecting different results.

Albert Einstein, Genius
Albert Einstein Quotes
1879-1955

Mainstream Utah voters vote the way that Sutherland tells them to. Then they protest. Then they re-elect them. Perpetual motion. Can't be explained with reason or logic.

Stink, Tribune Reader
Tribune Reader Comment
March 31, 2012

Eye-opening op-ed piece in this morning's Tribune, in which Maryann Martindale, Executive Director of the Alliance for a Better UTAH makes the case that "The Sutherland Institute’s new Legislative Scorecard demonstrates that Sutherland’s top-ranked legislators are the most out of touch with mainstream Utah voters, while those ranked lowest are the lawmakers most in sync with the majority":

• Utah’s out-of-touch lawmakers

The Alliance for a Better UTAH examined the voting records of Sutherland’s "top" and "bottom" legislators on issues that were of paramount concern to Utahns in the 2011 and 2012 legislative sessions.

Her organization's findings?

... [T]he data seem to suggest that legislators’ voting records were ranked against a scorecard prepared by the Eagle Forum, not the mainstream Utah voter.

For political wonks who closely follow the "antics" of our knuckleheaded Utah legislature, these comparisons come as no surprise, we guess.

Ms. Martindale's money quote:

If legislators are duly elected to do the people’s business, it appears that Sutherland’s bottom-ranked legislators are the ones deserving of the highest scores.

And the beat goes on...

Standard-Examiner: Herbert Agrees to Fight the Feds

The Standard-Examiner shines the spotlight on what passes for "leadership" from the Utah Governor's Office

The Transfer of Public Lands Act requires that the United States extinguish title to public lands and transfer title to those public lands to Utah by a date certain. Under the Gibson case, that requirement would interfere with Congress' power to dispose of public lands. Thus, that requirement, and any attempt by Utah in the future to enforce the requirement, have a high probability of being declared unconstitutional.

Office of Legislative Research and General Counsel
HB 148 Legislative Review Note
February 14, 2012

The state has proven itself time and again to be a bad manager of public lands. ... This is a political stunt. It’s amazing that in one quixotic act they’ve offended the U.S. Constitution, the state constitution and the state’s enabling act.

David Garbett, Southern Utah Wilderness Alliance.
Herbert agrees to fight the feds
March 24, 2012

It’s not a slam dunk, but there is legal reasoning and a rational thought process. But this is the first step in a long journey. There is a lot of education needed to raise awareness.

Utah Governor Gary Herbert
Herbert agrees to fight the feds
March 24, 2012

Democracy is the theory that the common people know what they want, and deserve to get it good and hard.

H. L. Mencken
The Quotations Page
1880 - 1956

With this morning's latest shining example of Utah GOP silliness, the Standard-Examiner shines the further spotlight on what passes for "leadership" from the Utah Governor's Office:

• Herbert agrees to fight the feds

While Salt Lake City law firms line up in eagerness to reap millions of dollars in fees from the apparently looming federal litigation windfall, Utah taxpayers brace themselves for the "raised awareness" which comes from the prospect of footing the legal bill for a lawsuit which even the Utah Legislature's own lawyers predict to be a dead bang loser from the very get-go.

The world-wide blogosphere sits riveted on the edge of its seat, awaiting your ever-savvy comments in connection with this.

Breaking: Herbert Vetoes Sex-ed bill, Says It Constricts Parental Choice

The lumpencitizens complained by the thousands, and Governor Gary paid heed... imagine that!

Great news from the Governor's Office this morning, from which the Deseret News, Salt Lake Tribune and the Standard-Examiner all report that Utah Governor Gary Herbert has listened to the folks complaining about the idiocy of the 2012 Utah bill which "would have prohibited Utah teachers from instructing students about contraceptives, premarital sex or homosexuality" and wielded his veto pen late Friday, driving a stake through the heart of nutcase House Rep. Bill Wright's HB363 once and for all:

• Governor Gary Herbert vetoes controversial sex education bill HB363
• Herbert vetoes sex-ed bill, says it constricts parental choice
• Governor vetoes abstinence-only education bill

The lumpencitizens complained by the thousands, and Governor Gary paid heed.

Imagine that!

Chalk it up as yet another victory for steely-eyed, grass-roots citizen activism.

Utah Post-2012 Legislative Session Wrap-up

Sign the Petition... Consider this an early opportunity to accomplish something useful and positive this morning folks.

Now that the 2012 Utah legislative session has drawn to a close, here's a wrap-up of the most important legislative "achievements" of the now completed of the latest round of legislative "madness," gleaned straight from the pages of the Salt Lake Tribune and Standard-Examiner morning editions:

Salt Lake Tribune:

• Schools: Lawmakers focus on sex ed, educator accountability
• Legislature recalls, changes bill after veto threat
• A bit more money for prisons, new troopers
• Utah open-carry gun bill put on ice
• Divorce waiting period passed
• Legislature hands-off on immigration
• Lawmakers overhaul environmental boards
• Unwed fathers, parents and drug users get attention in 2012 Utah Legislature
• Lawmakers tackle SLC idling rule, ethics oversight
• GRAMA battles quiet this year
• Liquor changes won’t affect consumers
• Utah higher ed gets 3 percent bump, but many funding requests languish
• Utah lawmakers block LGBT-related bills
• Transportation bills hit bumpy road
• 2012 Utah Legislature adjourns; session focused on sovereignty
• Utah moves to triple abortion waiting period

Standard-Examiner:

• Senate approves Aubree Jo's Law on final night of session

And for those readers looking for a little post 2012 Regular Session activist action, the Trib also reports that "[t]housands of people have signed an online petition urging Utah’s governor to veto a bill lawmakers passed this week to prohibit instruction about contraceptive use during sex education classes and allow schools to drop such classes altogether":

• Thousands sign petition asking for veto of Utah sex ed bill

Unfortunately, for unknown reasons, the Trib neglects to provide a link to the actual petition; so we'll pick up where the Trib left off.

In that connection, and for the benefit of those readers who agree with us that HB363 is possibly the most irresponsible legislation of the 2012 session, click the link below to view and Sign the petition that the Trib merely mentions, urging Governor Herbert thusly: "Governor Herbert, please veto HB363. Our children need to be given enough information about sex and contraception that they are able to make good decisions concerning sex":

• Petition: Gov. Herbert Veto HB363 (sex education)

Consider this an early opportunity to accomplish something useful and positive this morning folks.

Update 3/11/12 9:00 a.m.: The SL-Trib editorial board provides another good 2012 legislative session summary this morning:

• Thumbs: Short takes on Legislature ‘12

Salt Lake Tribune: Utah Officials to Study E-signatures

Bill directing the Lieutenant Governor to study the feasibility of gathering signatures for initiative drives is headed to the governor

By: Blackrulon

I read a interesting story in yesterday's (March 4) Salt Lake Tribune. It appears that a bill directing the Lieutenant Governor to study the feasibility of gathering signatures for initiative drives is headed to the governor:

• Utah officials to study e-signatures

"This bill doesn't say were going to use electronic signatures"...I personally have very serious reservations about the initiative process", said Sen. Curt Bramble, R-Provo, but the bill "gives direction to the lieutenant governor to conduct a study on the state of security and technology when it comes to electronic signatures."

So what about it, O Gentle Ones? Will the Governor's office make serious recommendations to strengthen the right of the common Utah lumpencitizens to stand on an equal footing with legislators in the State House and Senate, and directly enact their own legislation as provided by Utah Constitutional Article VI §1(A) & (B)? Or will our authoritarian elected Utah political officials again ignore the constitution and continue to erect ridiculously high barriers preventing Utah citizens from having any real practical and direct influence on Utah laws?

Standard-Examiner Editorial: OUR VIEW: Ditch the Federal Lands Fight

We're aware of no evidence at all that any federal "promises" were made at all for the reconveyance of these coveted federal lands to the citizens of the State of Utah

Top notch editorial in this morning's Standard-Examiner, dovetailing nicely with our own WCF take on the Utah legislature's quixotic "Sagebrush Rebellion," which we'd chalked up as mainly more wacky GOP voter pandering during an election year. As to picking a fight with the federal government that Utah taxpayers are bound to lose, the Standard-Examiner agrees with us and says "NO." Here's the lede:

Utah legislators should say no to bills that invite a long, costly fight with the federal government over tens of millions of acres of lands in Utah owned by the federal government.
No mocking, no pot-shots from this editorial board. Our reasons for ditching the effort is pragmatic. It's a battle Utah will lose. The Constitution's Supremacy Clause makes that clear.

Read the full editorial here:

• OUR VIEW: Ditch the federal lands fight

We're in complete agreement with everything the Standard says this morning about the legislature's quixotic posturing on this subject except this: The Standard says, "The feds, long ago, made promises to Utah leaders that they have broken, both legally and in spirit, many times."

With respect to the legislature's assertion, or the Standard's assumption, that federal authorities have at any time made "promises" to Utah officials which would realistically operate to negate express disclaimers of the public lands by the state, as set forth in the Utah Constitution and associated "enabling" statutes, we'll note that we've been following these "Sagebrush Rebellion" stories since the 2012 state legislative session convened in early January, and we're aware of no evidence at all, oral or written, aside from a a little wishful thinking on House Rep. Stephen G. Handy's part, that any federal promises were made at all for the re-conveyance of these coveted federal lands to the citizens of the State of Utah.

We'll keep our minds open however, O Gentle Ones, for any new evidence on the topic, for which purpose we now open the floor for discussion.

Robert Gehrke: Utah Fires Up New Sagebrush Rebellion Against Federal Control of Land

We can chalk it all this wackiness up to the fact that it's an election year however, we suppose, in a state where anti-fed smack talk is always the rage, and passage of crackpot bills is always a big plus (nay, even a necessity), for any "respectable" GOP candidate's resume

The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States..

Utah Constitution, Article 3, Section 2
Right to public domain disclaimed
May 8, 1895

I think it’s unlikely that the courts are going to buy the argument, In part because of the broad authority that [Congress has] held over the public lands, in part because the state-enabling legislation contains two express disclaimers of the public lands by the state.

Robert Keiter, law professor, University of Utah
Utah fires up new Sagebrush Rebellion against federal control of land
March 3, 2012

Republicans are living in a fantasy world, and the move is an attempt to help the Legislature’s "corporate friends make a quick buck." It’s part of the far right’s quixotic quest to pretend that Utah did not — as part of its decision to join the United States — give up its claims to federal lands.

Stephen Bloch, Southern Utah Wilderness Alliance attorney
Utah fires up new Sagebrush Rebellion against federal control of land
March 3, 2012

It’s going to be laughed out of court. We have this rigidity in Utah that only makes us a laughing stock … and it alienates us from the global marketplace."

Pat Shea, Salt Lake City attorney
Utah fires up new Sagebrush Rebellion against federal control of land
March 3, 2012

In the aftermath Utah House Rep. Stephen G. Handy's half-baked legal analysis which appeared in Thursday's Standard-Examiner, we'll put the spotlight on this morning's Robert Gehrke column, which rounds up a body of informative commentary concerning the Utah GOP legislative majority's quixotic 2012 effort to set the stage for condemnation of vast tracts of federal lands under the state power of eminent domain, pursuant to a "package of bills passed during the 2012 legislative session, demanding that the federal government surrender ownership to the state of more than 30 million acres of federal land."

Despite state constitutional provisions explicitly providing that "[t]he people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof," the absolutely shameless majority party feel quite alright hanging their hat on the pathetic legal theory that the federal government somehow impliedly promised to convey these lands back to the State of Utah, once again, despite express constitutional language to the contrary.

We can chalk it all this wackiness up to the fact that it's an election year however, we suppose, in a state where anti-fed smack talk is always the rage, and passage of crackpot bills is inevitably a big plus (nay, even a necessity), for any "respectable" GOP candidate's resume.

Sodden query: Who's gonna be expected to pick up the tab, once these frivolous property condemnation lawsuits actually get to court?

Take a wild guess, Utah taxpayers.

Standard-Examiner: Counties Could Seize Federal Land Under Proposed Utah Law

Something of which to make note, O Gentle Weber County Readers and voters, come November, when these folks are standing for re-election and touting their "fiscal prudence," in an election year when each GOP candidate seems hell-bent to prove that he or she is the craziest of all

When it comes to public lands, I consider it a badge of honor to have a constitutional note.

Rep. Ken Sumsion, R-American Fork
Utah House panel OKs bill to let cities seize fed land
February 16, 2012

Entering into such a court fight is ridiculous, especially at a time when budgets are flat and economic concerns linger. The resulting lawsuit could cost "millions and millions of dollars" to argue claims that will almost surely be lost.
"Our legislative counsel isn’t here to make a ruling on whether something is constitutional," King said. "They’re just trying to keep us out of trouble ... and it’s highly probable this whole argument will go down in flames."

Rep. Brian King, D-Salt Lake City
Counties could seize federal land under proposed Utah law
February 27, 2012

 Despite our earlier warning, i.e., that "pickin' a court fight with the feds is an expensive battle that Utah taxpayers are bound to lose," and also notwithstanding the strong "cautions" of legislative counsel that "the bill has is very likely unconstitutional, " the Standard-Examiner reports this morning that nutcase Rep. Sumsion's HB511 has cleared the Utah House, by a 57-14 vote. The bill, which "would [theoretically] give the counties [of Utah] eminent domain power over federal lands," now moves on to the Senate, according this morning's S-E story:

• Counties could seize federal land under proposed Utah law

Being the curious type, we Googled, just to find out how many of our Weber County-based Utah House Representatives gulped the Koolaid, and voted for this knuckle-headed legislation which is sure to cost Utah taxpayers millions of dollars before it goes down in flames, the first time it's tested in Federal Court. Checking yesterday's vote tally we find, sadly, that ALL Weber County State House legislators gave it their thumbs-up.

That's right, folks. House Representatives Brad Dee, Gage Froerer, Richard Greenwood, Brad Galvez, Jeremy Peterson, Dixon Pitcher and Ryan Wilcox ALL fell into line on this madness. Maybe they think it'd be a good idea to condemn that dastardly federal boondoggle, Hill Air Force base, we dunno. The way things are developing however, HAFB looks likely to fall into state hands one way or the other anyway, regardless of happens with HB511, we suppose. Maybe thewy decided it would be wise to get into the base closure and land transfer early on.

Something of which to make note, O Gentle Weber County Readers and voters, come November, when these folks are standing for re-election and touting their "fiscal prudence," in an election year when each and every GOP candidate, locally and nationally, also seems simultaneously hell-bent to prove that he or she is the craziest of them all.

Update 2/28/12 12:00 p.m: Trentelman again chimes in on the issue this morning, in the wake of his earlier Wasatch Rambler column, which was fairly "scathing," in re Utah House Rep. Mike Noel. Here's Trentelman's latest pro-Noel puffpiece, however, wherein he cuts Rep. Noel what we at WCF consider to be undesereved political slack:

• Rep. Mike Noel's take on Utah's federal land lawsuit

So what about it, gentle readers? Did Trentelman back down and "cut Mike Noel a pass," with his most recent journalistic "effort," so-called?

Standard-Examiner Editorial: OUR VIEW: Pols' Sexual Hang Ups

The Standard knocked this one clean outta the park, wethinks

If Utah state Rep. Bill Wright, R-Holden, and 44 of his House colleagues have a problem dealing with sex, can't they find counseling for their hang ups? We don't care what they do to themselves, but why do they have to inflict their dysfunctions on Utah teens in public schools?

Standard-Examiner Editorial
OUR VIEW: Pols' sexual hang ups
February 24, 2021

What Wright and his cronies don't get is that responsible parents talk about sexual issues with their children. These parents will continue to talk with their children even if Wright's inane HB363 becomes law. Public schools, through sex education classes, educate many students who would otherwise never learn the facts of life, or worse, learn it from bad influences in the streets.

Standard-Examiner Editorial
OUR VIEW: Pols' sexual hang ups
February 24, 2021

Top-flight editorial in the Standard-Examiner online edition this morning, adding a craftsman-like followup to Friday's Weber County Forum article:

• OUR VIEW: Pols' sexual hang ups

Remarkable, innit, that we're still having these "Victorian Era" conversations, twelve years into the 21st century?

The Standard knocked this one clean outta the park, wethinks.

Shame on Weber County's House Reps. Brad Dee, Brad Galvez, Jeremy Peterson, Dixon Pitcher and Ryan Wilcox, who cast "aye" votes on this idiotic bill, and thereby knuckled under to the wackos of the Eagle Forum and their ilk, who continue to feverishly do their level best to drag Utah's already backward culture even further rearward toward the prudish, head-in-the-sand "virtue" of their 19th century, self-delusional "glory days."

Utah Motto (semi-official): "Life Utard-avated"

Salt Lake Tribune: Utah House Passes Bill to Allow Schools to Skip Sex Ed

With the 2012 General Election coming up fast, we hope all WCF readers will write this all down so they don't forget it

"We’ve been culturally watered down to think we have to teach about sex, about having sex and how to get away with it, which is intellectually dishonest." "Why don’t we just be honest with them upfront that sex outside marriage is devastating?"

Rep. Bill Wright, R-Holden
Utah House passes bill to allow schools to skip sex ed
February 23, 2012

"You cannot speak of abstinence without talking to students about methods of birth control that are not certain, about protecting oneself from [sexually transmitted diseases] and all the things that can happen in a negative sense to a young person who engages in sex." "It’s really immoral not to teach kids about what the consequences are."

Rep. Carol Spackman Moss, D-Holladay
Utah House passes bill to allow schools to skip sex ed
February 23, 1012

Eye opening story this morning from the Salt Lake Tribune, reporting that "A bill to allow Utah schools to drop sex education classes — and prohibit instruction in the use of contraception in those that keep the courses — moved significantly closer to becoming law Wednesday. The House passed HB363 by a 45-28 vote after a late-afternoon debate that centered largely on lawmakers’ differing definitions of morality":

• Utah House passes bill to allow schools to skip sex ed

Curious about how your Weber County Utah House Representatives delegation voted on this bill? Get the raw lowdown here:

• HB0363 - - Passed 45 - 28 - 2, 2/22/2012 4:23 PM

Breaking out the votes by individual House members, we find that Representatives Brad Dee, Brad Galvez, Jeremy Peterson, Dixon Pitcher and Ryan Wilcox fall into the camp of those whose views of morality seem to center on the philosophy that ignorance is bliss, and that it's just fine for students in Utah public schools to run the risk of unwanted teen pregnancies and STDs, without the benefits of any formal instruction whatsoever regarding such matters.

A Weber County Forum Tip O' the Hat to Utah House grownups Gage Froerer and Richard Greenwood on the other hand, who plainly recognize that the real immorality is failing "to teach kids about what [the facts and] consequences are."

With the 2012 General Election coming up fast, we hope all WCF readers will write this all down so they don't forget it.

Don't let the cat get your tongues...

Friday Morning Weber County Forum News Roundup

Feel free to chime in and address any of the lower topics, or start up a discussion topic all your own

We'll highlight four more interesting items we stumbled upon this morning whilst Googling:

1) Top notch editorial in this morning's Standard-Examiner, giving a strong thumbs-up to Gov. Gary Herbert's effort to support the Legislature in providing $500,000 to the Utah Defense Alliance, to advocate Hill Air Force Bases's "importance for U.S. defense in the 21st century" as the latest BRAC base closing process moves forward:

• OUR VIEW: Fund Utah's BRAC investment

Unfortunate as it is that Utah taxpayers will be forced to cough up the funds to save HAFB during the current round of U.S. defense cutbacks, the economic stakes for Utah are direly important, and despite HAFB's obvious logistical "defense-related advantages over other states" you can bet your boots that other competing states will be investing boatloads of cash to save their own federal military boondoggles. That's just how the system operates, folks.

2) Despite our earlier warning that "[p]ickin' a court fight with the feds on this issue is an expensive battle that Utah taxpayers are bound to lose," the Salt Lake Tribune reports this morning that "Utah lawmakers gave a quick green light to a bill proposing to let cities and counties take over federal land, despite strong warnings from legislative attorneys that it is almost certainly unconstitutional." Specifically, "[t]he Legislature’s lawyers said that cities and counties have no standing to exercise eminent domain over federal land and the law would violate a string of Supreme Court precedents and the Property Clause of the Constitution":

• Utah House panel OKs bill to let cities seize fed land

"When it comes to public lands, I consider it a badge of honor to have a constitutional note," said [constitutional scofflaw] Rep. Ken Sumsion, R-American Fork, referring to the note from lawyers cautioning about the bill’s legality."

Notably Rep. Sumison will be running for governor this year. Mindless pre-election message bill, anyone?

3) The Tribune reports positive news on the federal regulatory front this morning, with the following story reporting that "[t]he National Highway Traffic Safety Administration on Thursday proposed voluntary guidelines for manufacturers, including a recommendation that they design dashboards so that distracting devices are automatically disabled unless the vehicle is stopped and the transmission is in park":

• Feds ask carmakers to curb dashboard technology

In the midst of a robust national public discussion about the dangers of texting while driving, regulations which would prevent drivers from fiddling with their dash-mounted GPS mapping devices seems to us to be a sensible approach. Our only reservation... will mere voluntary guidelines be sufficient to stop the "technology race" between auto manufacturers, who've been scrambling to one-up each other to plant high tech gizmos under the noses of auto buyers who are enthralled by 24-7, nonstop electronic input? Somehow we don't think so.

4) Yesterday's Standard-Examiner carried another guest commentary from Ogden Captain Of Industry Alan Hall, touting the advantages of a well laid out business plan in achieving success in a startup business venture. Lo and behold, here's a real-life case study, illustrating how a carefully and finely tuned business planning and execution can intricately enmesh:

• Customer at Vegas’ Heart Attack Grill suffers heart attack

There's one instance where a customer won't be complaining he didn't get his money's worth, we'll guess! Chalk it up as another business success, straight out of Mr. Hall's playbook.

That's it for now, O Gentle Ones.

Feel free to chime in and address any of the above topics, or start up a discussion topic all your own.

Deseret News: Senate Majority Leader Scott Jenkins Rails Against Property Tax Exemption for Utah Soldiers

Does Weber County's own fiscally tight-fisted State Senator Jenkins deserve a stern rebuke, or a pat on the back?

"Soldiers know what they're getting into when they enlist and already receive lots and lots and lots of advantages.
We give them all kinds of breaks. We pay for their clothing. We allow them to shop at the PX. And now you're forcing me, your bleeding heart is saying, 'OK, Sen. Jenkins, we want you now to pay for their taxes.' Well, I'm saying enough."

Senator Scott Jenkins
Senate Majority Leader Scott Jenkins rails against property tax exemption for Utah soldiers
February 15, 2012

"Hill Air Force Base is adjacent to Jenkins’ district. These men and women are his constituents.
Sen. Jenkins talked about our soldiers like they’re gaming the system. It was an attack on our American heroes, who protect our freedoms, day in and day out, on battlefields around the world."

Retired Army General Peter S. Cooke
Senate Majority Leader Scott Jenkins rails against property tax exemption for Utah soldiers
February 15, 2012

The Deseret News reports on a fascinating squabble which broke out on Utah's Capitol Hill yesterday, as Senate Majority Leader Scott Jenkins reportedly "went off for the second day in a row over a proposed property tax exemption for members of the military called to active duty, saying they don't need any more breaks."

• Senate Majority Leader Scott Jenkins rails against property tax exemption for Utah soldiers

As an added bonus, the D-News also carries this Youtube video, documenting Jenkins' Senate argument in opposition to legislation which, if enacted, would add a whopping $1.o3 to the average Utah residential property owner's annual property tax bill:


Notwithstanding Jenkins' strenuous opposition, the Senate on Wednesday ultimately voted 24-4 in favor of both a bill, SB116, and a resolution to allow the tax waiver. The resolution, SJR8, calls for an amendment to the state constitution for the exemption, which voters would have to approve in November, according to the Deseret News.

On Wednesday, retired Army general (and 2012 Utah gubernatorial candidate) Peter S. Cooke also called on Gov. Gary Herbert as commander-in-chief of the Utah National Guard to denounce Jenkins' "shocking diatribe," the Deseret News also reports.

So what about it, Weber County Forum readers, does Weber County's own fiscally uber-tight-fisted State Senator Jenkins deserve a stern gubernatorial rebuke, as retired Army general Cooke suggests; or should Jenkins instead be entitled to a pat on the back for keeping a close eye on the Utah public purse, right down to the very last taxpayer buck?

Update 2/16/12 5:54 a.m.: We just now learn that the Standard-Examiner is also carrying its own version of this story too, along its own link to the above-embedded video:

• Plain City legislator: Deployed soldiers get enough aid

Don't let the cat get your tongues...

Wednesday Morning Weber County Forum News Roundup

Three interesting items from this morning's Standard-Examiner

To kick start this morning's discussion we'll highlight three interesting items from this morning's Standard-Examiner:

1) Here's a fine editorial from the SE editorial board, panning Ogden City Council policy analyst Janene Eller-Smith's Big Government Idea to "implement an opt-out utility bill round up increase to fund scholarships for local high school students":

• OUR VIEW: Opt out of tax round up

As to this proposal we'll agree with one S-E reader who says, "The bigger question is why is a business unit of the city involved in social programs at all? Their goal should be to provide customers the best quality lowest cost possible product, not fund scholarships."

2) Although the story linked below speaks of gender neutrality, we'll chalk this up as a major step in the right direction for men's parental rights:

• Grandparents overjoyed with House passage of 'Aubree Jo's law'

A Weber County Forum Tip O' the Hat goes out to Rep. Ryan Wilcox, R-Ogden, who sponsored this bill and ushered it through the State House. We'll be keeping our fingers crossed that Rep. Wilcox can muster up similar juice in the State Senate.

3) And speaking of awards, here's a heads-up about a bill which deserves our newly-minted Weber County Forum Don Quixote Tilting at Windmills Prize, about which Republican Rep. Ken Sumsion of American Fork says "could have a committee hearing this week would allow counties and cities to condemn federal lands through eminent domain":

• Utah lawmakers challenges feds on land control

Pickin' a court fight with the feds on this issue is an expensive battle that Utah taxpayers are bound to lose, we believe, which is something for our gentle readers to deeply contemplate the next time somebody mentions that Utah is the best managed state in the nation, if you know what we mean, and we think you do.

"Utah baby, where logic goes to die."

That's it for now, O Gentle Ones.

Who'll be the first to chime in on these riveting issues?

Salt Lake Tribune Editor's Column: GRAMA Watch Will Keep an Eye on Government’s Openness

Hoping that so long as we're able to keep a good close watch on our Utah legislature, we won't have another suffer another Government Records Access and Management Act (GRAMA) "battle royal" again this year

As a followup to the Salt Lake Tribune's 1/21/12 story, wherein Trib reporter Heather May reported that a print media legislative watchdog group known as the Utah Media Coalition will launch a new public information project called "GRAMA Watch," which "will rank relevant action that encourages or protects Utah’s open government" with a color-coded rating system, the Trib carries a new editorial piece this morning which fattens out the details of this encouraging project:

• Editor’s column: GRAMA WATCH will keep an eye on government’s openness

Among other things, this morning's Nancy Conway "editor's column" provides a link to the Salt Lake Tribune’s public data website, www.utahsright.com/grama, which is already shaping up to become a highly robust information source to "inform legislators and the public at the front end of the process of creating legislation — how a proposed bill will affect the people’s right to access government information."

We'll add that we're delighted to see the Utah Media Coalition vigorously following up on this great idea.

And for the convenience of the political wonks of Weber County Forum, please take note that we've also added a link to the above website in our right sidebar, under the module title, "2012 Utah GRAMA Watch," for our readers' quick reference, as we dive into the 2012 Utah Legislative Session, in the hope that so long as we're able to keep a good close watch on our Utah legislature, we won't have another suffer another GRAMA "battle royal" again this year.

Salt Lake Tribune: 2012 Utah Legislative Preview

Added bonus: The latest news from our friends at Utahns for Ethical Government

The Utah Legislature convenes for its regular 2012 session tomorrow morning; and we know all Weber County Forum political wonks are sitting on the edge of their seats, awaiting this year's wacky Capitol Hill hijinks. In that connection, The Salt Lake Tribune is running an informative 2012 legislative preview article series this morning, which we'll reel off in no particular order:

• Top issues to watch in the upcoming legislative session
• Utah Legislature’s actions on open government will be graded
• Utah Legislature: Who’s in charge?
• New faces on Utah’s Capitol Hill
• Utah lobbyists, by the numbers

As an added bonus, here's the latest update from our friends at Utahns for Ethical Government, who are gearing up to seek a court order from Utah's 3rd District Court to force a very recalcitrant Lt. Governor Bell to place its UEG Citizens Ethics Reform Initiative on the upcoming 2012 Utah General Election Ballot, (among other things):

• UEG Saturday, January 21, 2012 Update

That's it on the Utah legislative front for now, folks.

Don't let the cat get your tongues.

Salt Lake Tribune Editorial: Ruling Utah

Sodden query: Senator Dayton breathes the same air and drinks the same water as all the other lumpencitizens who reside in Utah, no?

After all, when your party has all the power, there’s no reason to clutter the process with comments from ordinary citizens, or to give boards that safeguard the people’s interests any authority to question your decisions.

Salt Lake Tribune Editorial
Ruling Utah
November 22, 2011

In the hope of kick-starting a little bit of Tuesday morning discussion, we'll draw our readers' attention to this strong and sensible editorial, which just popped up on the Salt Lake Tribune website this morning, criticising Utah County GOP Wacko Utah Sen. Margaret Dayton, R-Orem, who is "sponsoring a (2012) bill to shrink and dilute the authority of five citizen boards in Utah." "The boards’ mission is to watch out for the environmental health of Utahns, which may sometimes be at odds with the bottom-line health of polluting industries," says the SLTrib Editorial board:

• Ruling Utah

The Tribune goes on of course, to decry "the negative impacts of Utah single-party rule."

While we take it as a given that Senator Dayton's chief loyalties may indeed lie with her special interest corporate campaign donors, there is one aspect of Sen. Dayton's pending bill which we can't quite fathom.

Senator Dayton (and her bought and paid for GOP cohorts) breathe the same air and drink the same water as all the other lumpencitizens who reside in Utah, no?

Well then again... maybe not. They all reside in the rarified air of the Utah legislature, we guess.

That's it for now.

Take it away, O Gentle Ones, cough, cough, cough...

Salt Lake Tribune: Fundraising Ban May Propel Lawmaker Resignations

An apparently unintended 2011 legislative consequence suddenly puts a wrench into the ambitious plans of Utah House Rep. Wimmer and State Senator Liljenquist

Fascinating story in this morning's Salt Lake Tribune, reporting that "Lt. Gov. Greg Bell cautioned lawmakers Wednesday that they cannot raise money during the legislative session for any political campaign, including congressional or county races, forcing some state lawmakers to contemplate leaving the Legislature to run for office."

There's more interesting information within this morning's Trib story's opening paragraphs:

“I am seriously considering resigning from the Legislature,” said Rep. Carl Wimmer, R-Herriman, who is running in the new 4th Congressional District. “I’m not sure I’m willing to take a 45-day hiatus from raising money.”

Bell said his office received several inquiries from legislators asking whether a state law prohibiting campaign contributions to legislators during the 45-day legislative session beginning in January would also prevent them from raising money if they were running for any other offices.

“Our office interprets this prohibition to apply to contributions to any campaign for any office for which a legislator may be a candidate,” Bell wrote. “A legislator is always a legislator, regardless of any other office for which he or she may be campaigning.”

It is a class A misdemeanor for donors — but not legislators — to violate the ban.

You can check out the full SLTrib story here:

• Fundraising ban may propel lawmaker resignations

Although Trib columnist Robert Gehrke's morning story doesn't specify exactly which Utah Code Section is suddenly giving poor ole House Rep. Wimmer and State Sen. Liljenquist painful heartburn, what seems to be at issue here is a Utah campaign finance statute, enacted during the 2011 regular Utah Legislative Session, i.e., Utah Code §36-11-305, which provides (among other prohibitions) that "It is unlawful for any person, lobbyist, principal, or political committee to make contributions to members of the legislature or the governor or to a campaign committee of such a person during a legislative session."

We'll parenthetically add that Utah is one of 28 states which place restrictions on giving and receiving campaign contributions during the legislative session:

• Limits on Contributions During the Legislative Session

Both Utah House Rep. Carl Wimmer and State Senator Dan Liljenquist are planning or contemplating making 2012 runs for federal legislative office, fundraising for which would be legally prohibited during the 45-day 2012 legislative session, of course, according to the Governor's Office:

• Wimmer declares his candidacy for Congress
• Liljenquist may challenge Orrin Hatch

This apparently unintended legislative consequence certainly throws a wrench into the ambitious plans of Wimmer and Liljenquist, so we'll be watching closely to see whether an amendment or outright repeal of Utah Code §36-11-305 might not be one of the first actions of the 2012 legislature.

Alternately we'll pose to our politically-wonkish WCF readers the obvious question:

Would the pre-2012 Legislative Session resignations of Rep. Wimmer and Sen. Liljenquist actually be a positive or a negative development for the Utah body politic?

Have at it, O Gentle Readers, as we inevitably and ineluctably drift into a non-2011 Ogden Municipal Election topic this morning.

Provo Herald: Lawmaker Looking at Taxing Carbonated Drinks to Fund Education

Welcome to the expanded "nanny state," people

In local Emerald City news, The Provo Herald is reporting that Ogden GOP Leg. 10 State House Representative Dixon Pitcher is working his fingers to the bone to run a bill which would create a new Utah "Sin Tax."

Here's the lede:

A Utah lawmaker is once again looking at creating a tax on carbonated beverages to help fund Utah's education programs. Rep. Dixon Pitcher, R-Ogden, is in the early stages of drafting a bill that would levy a tax on soda pop, energy drinks and sports drinks. Pitcher introduced the bill during the 2011 legislative session but the bill was never given consideration. Pitcher now is working to bring it back in the 2012 session.

"I've had a really good response to the idea," Pitcher said. "A lot of people say to me, 'I really shouldn't be drinking the poison.'"

Pitcher said he is working to line up a coalition of medical professionals who will give support to his plan to put a tax on soda. Local medical experts say if the tax can truly deter people from drinking the sugar-based drinks, it could mean an increase in healthy Utahns.

Read the full story here:

• Lawmaker looking at taxing carbonated drinks to fund education

It won't be long before Utah "soda pop junkies" will be making weekend runs to Evanston, West Wendover, Mesquite and other Utah border towns to stock up on "poisonous" and evil brews like Mountain Dew, Diet Coke and Seven-up, along with the usual booze, cigarettes, fireworks and lottery tickets, we suppose.

Welcome to the expanded "nanny state," people, brought to you courtesy of another wacked out Utah GOP legislator.

Surely at least a few of our gentle readers will be motivated to comment about this. Don't let the cat get your tongues. (We know you're out there; we can hear you breathing.)

"These people must be stopped," according to GOP Rep. Pitcher:

Evil "Coke-Heads"