Legislation

Hill has been selected as the Air Force’s preferred alternative for the location of the first two operational squadrons of the advanced F-35 Joint Strike Fighter. The establishment of the squadrons has been delayed several times but are expected to arrive at Hill in 2015. (Lockheed Martin Photography By Darin Russell)

Bill includes full Hill funding -- so far

As Congress continues to work on next year’s National Defense Act in Washington, several items that could end up in the bill have very specific ties to Hill Air Force Base and the Top of Utah.

On Wednesday, the House Armed Services Committee spent about 10 hours debating, reviewing and amending the fiscal-year 2014 National Defense Authorization Act.

In the bill, $32 million is authorized for military construction projects at Hill. Work includes a new high-priority fire station and a project to modify certain hangars at the base that will be necessary to accommodate the F-35 fighter.

Sen. Orrin Hatch, R-Utah, fields questions in Washington in December. On Tuesday, the Senate Judiciary Committee passed immigration legislation that Hatch helped negotiate. (Associated Press file photo)

Senate panel approves Hatch-negotiated immigration bill

WASHINGTON — Far-reaching legislation that grants a chance at citizenship to millions of immigrants living illegally in the United States cleared the Senate Judiciary Committee on a solid bipartisan vote Tuesday night after supporters somberly sidestepped a controversy over the rights of gay spouses.

The 13-5 vote cleared the way for an epic showdown on the Senate floor on legislation that is one of President Barack Obama’s top domestic priorities — yet also gives the Republican Party a chance to recast itself as more appealing to minorities.

The action sparked rejoicing from immigration activists who crowded into a Senate committee room to witness the proceedings. “Yes, we can! Si, se puede” they shouted, reprising the campaign cry from Obama’s first run for the White House in 2008.

We share many stories of justice, our legal system

Trial lawyers spend a lot of time trying to create a narrative for the jury — a story that will be so compelling that the jury or judge will have no choice but to decide in the client’s favor.

Justice is in the story.

In the era of the soundbite and Facebook posts, public discourse about justice and the law has become the extreme short narrative — the quip. Not that the quips aren’t a lot of fun.

General public rarely discusses, understands proposed laws

If anyone doubts the wisdom of the state constitutional limit of 45 days for the Utah legislative session, here is some math for you.

Our industrious and hardworking legislators averaged approval of a little more than 12 bills per calendar day — 72 a week. By the end of the session, 544 new bills had been passed to swell the contents of our state statutes. Only a very few of these proposed new laws will ever be discussed by the general public.

This influx of new laws creates a feeling of mixed emotion in me.

U.S. Sen. Orrin Hatch, R-Utah

Utah congressmen seek transfer of forest service land to Fruit Heights for cemetery

FRUIT HEIGHTS — Deep in the 100-acre woods is where Fruit Heights residents may lie — permanently.

Utah’s congressional representatives have introduced legislation that would transfer 100 acres of U.S. Forest Service land on the Davis County bench to Fruit Heights for use as a cemetery.

Fruit Heights currently has an agreement with neighboring Kaysville for burials, but because of the area’s significant population growth, the city has been notified its residents soon will no longer be able to be buried in the Kaysville cemetery.

Utah lawmakers: Gun control a federal vs. state rights issue

SALT LAKE CITY — The gun battles of this legislative session may come down to the question of state versus federal control.

Utahns enjoy broader firearms protection than most states provide, thanks to a clause in the state constitution that goes beyond guaranteeing the right to bear arms and also secures that right for the “security, and defense of self, family and others.”

That control is unlikely to be changed significantly this legislative session, say a number of lawmakers. But what if the federal government intervenes with new gun-control laws?

Therein would lie a major battle.

Are Utah legislators listening to themselves?

SALT LAKE CITY — A local lawmaker’s gaffe on the floor of the Senate on Friday raised the question of just how closely some legislators are listening to the issues being discussed.

Sen. Allen Christensen, R-North Ogden, had two pieces of closely related legislation to present on the Senate floor on Friday.

In presenting a bill dealing with protection of athletes with head injuries (HB 58), he ended up using an argument he had ready for a bill farther down the calendar dealing with how training for school nurses might potentially address head injuries (HB 269).

It didn’t seem to matter, initially.

Utah lawmakers are pushing fewer bills

SALT LAKE CITY — A veteran lawmaker says the numbers show that the Legislature is pushing less legislation than normal this year, and legislators' efficiency in addressing measures is at a high.

In a news briefing Tuesday, Sen. John Valentine, R-Orem, said, by his tally, legislators have introduced 483 bills this session, which he described as one of the lowest levels in years.

He said the high has been 662. Of this session’s 483 bills, 65 bills have also passed both the House and Senate at its halfway point. He said that is a higher percentage of passage than in the past.

Connor Boyack, president of the Libertas Institute

Utah legislators worry about government increasingly violating individual liberty

SALT LAKE CITY — It’s referred to as the slippery slope and can be summarized like this: What is the role of government in enforcing private behavior?

The question is a moving target this session for state lawmakers facing a variety of bills that deal with the question.

The issues range from extending seat belt restraints to limits on smoking in vehicles in the presence of a child, as well as the question of whether the state needs to be involved in licensing various businesses.

‘Traditional marriage’ not what most people understand it to be

As humans, we have a shortsighted view of history. It can be hard to imagine things being different from what we see day in and day out.

Yet, things differ greatly from the past. It can be hard to grasp the realities of what it was like to live in the past, in part because we want to impose our current knowledge on past generations, our current laws and morality on past societies.

I was asked to give a speech to the American Association of University Women the day this column comes out. In preparing for that presentation, I’ve been researching the history of the law and how it has treated women in the past. I reached a simple conclusion: I’m glad my wife, daughters and granddaughter are living today. The law in the past was not kind to women.

Justice for Esther pin

'Justice for Esther' lapel pins memorialize boating victim

OGDEN — The Justice for Esther awareness pins being worn by the Fujimoto family during the ongoing trial centered around the death of Esther Fujimoto are visible to those in the courtroom.

Some stretches of N. Utah highways may see 80 mph speed limits

SALT LAKE CITY — The speed limit on two long stretches of interstate in the Top of Utah would be increased from 75 to 80 mph as part of an expansion of high-speed zones outlined in a measure approved by a House transportation committee Thursday.

Froerer

Bill would give property owners more options in appealing tax assessments

SALT LAKE CITY — A local lawmaker’s bill giving property owners better options in appealing their property tax assessments is one step closer to reality.

Utah House Speaker Lockhart: Do we really need more pages of code?

SALT LAKE CITY — Utah House Speaker Rebecca Lockhart, R-Provo, urged state lawmakers to back off the need to generate so much legislation and joked it would be appropriate if Gov. Gary Herbert were a little heavier with his veto pen.

In remarks made to open the 60th session of the Utah Legislature, Lockhart urged lawmakers to back off the urge to generate lots of bills. She said lawmakers will consider almost 1,000 bills this year and that history shows as many as 400 of them may pass.

She said the bills will amount to almost 200 new pages of code.

Web makes it easy to see how proposed bills would affect you

Mondays are big days in the law. The first Monday in October marks the commencement of the Supreme Court session for that year. I always dreaded Mondays when I was doing domestic law (which I am fortunately no longer doing), because every client with visitation and custody issues was calling simultaneously at 9 a.m. And, of course, weekend shenanigans can make for a busy Monday for the criminal defense bar.

Finally, the Utah Constitution has designated the fourth Monday in January to begin each year’s general legislative session. This means that beginning this Monday, your legislators will begin passing laws.

As scary as this may seem, we are protected by the Utah Constitution, which limits the general legislative session to a mere 45 days, excluding federal holidays. Forty-five days isn’t really a long time, but legislators always manage to pack a lot of mischief into their short time together.

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