OPPOSE Senate Bill, SB-28
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Initiative Amendments --
Hickman, J.
Citizen initiated legislation is a fundamental
right, enumerated in our constitution.
“All political power is inherent in the
people…” (Article I, Section 2 of the Utah Constitution)
“The Legislative power of the State shall be
vested: 1. In a Senate and House of Representatives… 2.
In the people of the State of Utah”
The legal voters…, may initiate any desired legislation
and cause the same to be submitted to a vote of the people for approval
or rejection,…” (Article 6 Section 1 of the Utah Constitution)
Only FOUR citizen initiatives have passed
in Utah in the past 40+ years. SB28s1 would make it IMPOSSIBLE
to even bring an initiative to the ballot.
SB28 imposes the following new requirements
on the citizen initiative process:
Changes signature distribution requirement to
26 of 29 Senate Districts.
This would be the most difficult requirement
in the nation and is unduly burdensome. It would allow opponents
of a citizen initiative to concentrate their resources in only four.
Senate districts, virtually guaranteeing that sufficient signatures could
not be obtained.
SB28 FAILS to address the problematic signature
removal provision currently in the code. Justices on the Supreme
Court felt this process was burdensome and offensive.
Adds a new requirement for a statement indicating
whether or not persons gathering signatures for the petition will be paid
for doing so.
This requirement would be impossible
to enforce. Someone who is not a sponsor of an initiative is free
to print and circulate copies and even pay for signature gathering.
Sponsors have no way to know if others will pay circulators or not.
Allows ONLY 1 YEAR (instead of the current
2 general election cycles) to qualify initiatives.
This kind of requirement will guarantee
that no TRUE citizen initiative will qualify for the ballot. It will
guarantee that all initiatives to be sponsored by wealthy interest groups.
This time restriction will also prevent citizens
from reaching the 5% threshold required to submit an initiative to the
Legislature rather than the voters.
Rejects the initiative application if the
law proposed by the initiative is identical or substantially similar to
a law that was submitted to the County Clerks and the Lieutenant
Governor for certification and evaluation within the preceding two years.
This requirement will allow people or
groups who are actually opposed to an initiative to file an inadequate
initiative for a particular topic and then wait one year to turn in any
signatures, and by so doing, prevent supporters of that issue from filing
a similar initiative for up to THREE years.
Adds the following line to the statement on
the final page of each petition packet:
"I have not paid or given anything of
value to any person who signed this petition to encourage them to sign
it."
This is almost the only good thing in the entire
bill.
Requires sponsors to advertise and conduct
public meetings in 7 different regions of the state.
Public hearings serve no purpose for
initiatives. Initiatives cannot be amended as a result of any public
hearing. This requirement will prevent citizens from using the
initiative process. Other states with similar requirements have shown
that these hearings attract little to no attendance. Initiatives
are before the public from the day they are filed until the day they are
voted on. The entire text of the law is printed in each packet.
The fiscal note states “It is estimated that sponsors
of an initiative petition will incur newspaper publishing costs of $3,600
to provide written notice, and other costs associated with arranging, holding
and documenting the proceedings of the required public hearings throughout
the State.” This is another requirement that would put the initiative
out of the reach of common citizens.
There is no similar requirement for laws
proposed by the legislature.
Requires sponsors to give written notice to
EACH State Senator, State Representative, County Commission, or County
Council member in the state.
This is simply a pile of RED TAPE!
IF public hearings were even warranted (and they’re not!) Senators, Representatives,
and County Commissioners should receive the same notice the public receives.
Aren’t they members of the PUBLIC???
There is no similar requirement for laws proposed
by the legislature.
Requires sponsors to video tape or audio tape
the public hearing and, when the hearing is complete, deposit the complete
audio or video tape of the meeting with the lieutenant governor; OR take
comprehensive minutes of the public hearing, detailing the names and titles
of each speaker and summarizing each speaker's comments.
This would also serve no purpose.
Public hearings are moot by the time an initiative is filed.
Makes it illegal to:
(a) pay a person to sign an initiative
petition;
(b) pay a person to remove the person's
signature from an initiative petition;
(c) accept payment to sign an initiative
petition;
(d) accept payment to have the person's name
removed from an initiative petition.
This is the other GOOD requirement.
Adds requirements for sponsors to submit expenditure
reports on
(a) March 1st, (b) June 1st, (c) 14 days before
the first public hearing, and
(d) at the time initiative packets are submitted
to the county clerk,
(in addition to existing requirement of Jan.
5th, September 15th, and 7 days before the General Election.
This is more reporting than candidates
or interest groups are required to do and it is too much.
The requirement for an expenditure report at
the time initiative packets are submitted to the county clerk does not
make sense. Packets can be turned in EACH and EVERY day that the
petition is circulated. This could require financial reports to be
filed DAILY. Again, groups other than the sponsor can circulate an
initiative. Who would report on them?
This bill does MUCH MORE than "AMEND"
the initiative statute. It obliterates this fundamental right of
the citizens.
SB28s1 is nothing but HARRASMENT
OF THE PEOPLE and an ASSUALT ON THE CONSTITUTIONAL RIGHTS OF THE PEOPLE
OF UTAH and is certain to invite an expensive court action which Utah Taxpayers
will be forced to pay for.
Drafted by Bart Grant -- email bgrant17@msn.com
Phone 538-1029. Contact you State Representatives and
press for their NO vote on SB-28
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Utah
House of Representatives Roster -- links to District info, Phone,
Address, Fax and Email |
We
have Utah and National families losing their children in abject violation
of law and humane reason!