2013 Utah General Legislative Session - ACLU of Utah Bill Tracking

The decisions made by state lawmakers have a lasting impact on our communities. During the legislative session the ACLU of Utah maintains an active presence at the State Capitol tracking and advocating for, or against, bills that raise civil liberties issues to ensure that legislation strengthen, rather than compromise, our constitutional rights.

Click here to see a list of bills that we are actively engaged on or tracking during the 2013 Utah General Legislative Session. 

2013 Legislative Session - Week Four Update

As promised we have more information on H.B. 43, Campaign Finance Reporting by Corporations, in the House. Last week H.B. 43 passed out of committee. As we previously discussed, H.B. 43 has very serious implications as it would lead to less transparency in the political process, while jeopardizing the privacy of individual citizens. As of Monday afternoon of this week, H.B. 43 passed out of the House, in spite of some very pertinent concerns raised during debate. Some of the key concerns raised during the floor debate included; the fact that the bill would chill First Amendment speech for smaller organizations, without sophisticated legal teams, the inevitable formation of countless new "shell corporations" that complicate and obscure the political process, and finally the idea that people exercising their most basic rights will now be subject to retaliation and intimidation. As we have previously reported, we are extremely concerned about the damage this bill could do to our political process in Utah, because of all of these unintended consequences and more. As the bill moves forward, we will be fully engaged with senators to avert the kind of damage that would come with passage of H.B. 43. (Read the ACLU of Utah's talking points on H.B. 43)

Also in the House, H.B. 127, Motor Vehicle Event Data Recorders,  regarding event data recorders in motor vehicles was passed out of committee. We are particularly interested in the bill because of the potential privacy implications "black box" data recorders can have. H.B. 127 establishes that the owner of the vehicle is the legal owner of the black box and information contained in it. The bill also places restrictions on how and when data can be retrieved in the event of an accident. As with all privacy and due process issues, the details surrounding this bill are complex and we are keeping a close eye it to ensure that your rights are not inadvertently jeopardized.

Finally, in the Senate, S.B. 77, Availability of Government Information, is being considered. The bill is being sponsored by Senator Henderson and would amend guidelines regarding the posting of meeting minutes from legislative hearings within a set timeframe. The primary change dictates that meeting minutes must be made available to the public "within seven business days" of the meeting. This is an improvement over the old language that only required minutes to be provided "within a reasonable time". This is a welcome change and will hopefully improve government transparency and accountability.

As always, check in next week to find out how key issues such as H.B. 43 and others unfold over the coming days.

2013 Legislative Session - Week Three Update

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Last week was as busy as ever at the Utah State Legislature, as we continued to work with law makers on several issues.

In the Senate, House Bill 34, Special Group License Plate Amendments, sponsored by Rep. Val L. Peterson that would create a special group license plate reading "In God We Trust", was amended to remove a $25 annual fee that would have been distributed to groups that celebrate "god family and country". As we previously reported, there were concerns over this aspect of the legislation because it would have been in conflict with the establishment clause. Fortunately, the amended version of the bill proved to be a very viable solution to the problem.

In the House, H.B. 43, Campaign Finance Reporting by Corporations, sponsored by Rep. Gregory H. Hughes, requires organizations to disclose their donors when participating in political activities was removed from the agenda, but was rescheduled for a hearing during week four.  Stay tuned for our blog post next week to find out what happened. We have been following H.B. 43 very closely, as it raises issues concerning privacy, and political participation. While the bill is aimed at improving transparency in elections, there is a broad consensus that it will do just the opposite. By requiring organizations to disclose their donors, the bill incentives the use of shell corporations to conceal who is behind a political campaign. Although shell corporations are already used today, H.B. 43 would make them a necessity for any group that wants to participate in the political process and protect its members. To gain a better understanding of why this issue is so important, we can look to what happened in California, where donors' names were revealed after the Prop 8 campaign. In that case, California law required organizations that participated to reveal their donors' information, just as H.B. 43 would in Utah, and the consequences were alarming. With donors' personal information made public, many received threats, suspicious packages in the mail, and endured other forms of intimidation. To this day, eightmaps.com will provide the address of every Californian who donated to a group supporting Prop 8, should somebody want to engage in harassment or political intimidation. Based on this precedent, there are two likely consequences of H.B. 43 becoming law. First, large organizations with access to resources and a good legal team will participate in elections via shell organizations. This will hinder transparency by making it harder for citizens to know who is responsible for ads and initiatives sponsored by ambiguously named shell organizations, instead of the more well known groups that are actually behind their efforts. Second, smaller organizations without the resources and knowhow to play the "shell game" will have to choose between abstaining from the democratic process, or potentially exposing their members to harassment and betraying their privacy. The balance between privacy and transparency is always a delicate one in a democracy, and H.B. 43 appears to be bad for both.

Also in the house, a bill concerning what employers can and can not access when it comes to electronic devices and accounts is being considered. H.B. 100, Internet Privacy Amendments, sponsored by Stewart Barlow, starts out on a good note, laying out a laundry list of things employers can not access from their employees. Unfortunately, the second half of the bill is riddled with loopholes and broad language that could mean the bill would cause more harm than good. Fortunately, the bill is still in the early phases of the legislative process, and we are actively working with various law makers to seize this opportunity to protect employees privacy in the workplace. Some of the issues at stake include whether or not an employer can require an employee to provide user names and passwords to social media accounts such as Facebook, and whether or not an employer should have the right to search an employee's device just because it connected to the employer's network. We are working very hard on this issue, because we view it as critical to privacy rights in our rapidly changing world. Look for more updates on H.B. 100 over the coming weeks, as we go through this process.

Finally, In the Senate Todd Weiler has introduced Senate Bill 196, License Plate Reader Amendments, to regulate the use of automatic license plate readers (ALPR). Currently the use of ALPR systems by law enforcement, and even private companies is essentially unregulated in Utah. The bill would put a limit on how long data can be retained, and define under what circumstances it can be accessed. Of equal importance is a provision that would prohibit the use of ALPR systems by private companies. As with so many rapidly emerging technologies, ALPR systems have the potential to lead to grievous violations of privacy rights, and the regulation of their use is critical. We are hopeful that Sen. Weiler's bill will pass as a common sense measure to protect Utahns from such invasions of privacy.

As always, check back every week for more updates on these and a host of other issues we are working on as the legislative session progresses.

2013 Legislative Session - Week Two Update

This week was busy for the ACLU of Utah, as we worked with legislators on several issues concerning civil liberties. 

In the Senate, a House proposal to create a special group license plate displaying "In God We Trust" was given a favorable recommendation in committee. Concerns over the language of the bill, specifically pertaining to how the funds from license plate sales would be distributed, were raised By the ACLU at the hearing. Because the bill calls for the funds to be distributed to groups that, among other things, "celebrate god", it conflicts with the Establishment Clause. As written, the bill does not pass the "Lemon Test" established in the Lemon v. Kurtzman case in 1971. Consequently, the legislature's effort to provide the "In God We Trust" plate as an option to Utahns could be hamstrung by minor details in the bill's wording. We will continue to work with legislators over the coming weeks, to ensure that this bill does not violate the First Amendment.

In the House, Rep. Hughes's H.B. 44, Election Polling, would require the disclosure of the person or group who pays for a poll regarding a candidate or ballot proposition.  HB 44 passed on the house floor. While the bill is clearly intended to address the issue of "push polling", there are potential problems with its implementation. Because the definition of a poll is worded so broadly, scenarios as benign as a conversation between two people could be covered under the new regulation. Additionally, the bill will almost certainly not achieve its goal of promoting transparency, as organizations can easily use shell corporations to pay for polls with which they do not wish to be associated.

Also in the House, H.B. 253, Employment Verification Amendments, a bill that would have required the Utah Transparency Advisory Board to report, whether or not a company was in compliance with E-Verify requirements, was tabled in committee. This is welcome news, as it could mean that E-Verify requirements will expire in Utah in 2013. The hearing was noteworthy because of the unprecedented opposition expressed by the business community. With many due process issues, and the potential to lead to a national I.D. card as cause for concern, the expiration of E-Verify would be very encouraging.

Finally, Sen. Dayton's S.B. 60, Abortion Statistics and Reporting Requirements, concerning abortion statistics based on race, was given a favorable recommendation during a committee hearing. The hearing was dominated by an exchange between Sen. Robles and Sen. Dayton over inaccuracies in the bill's language regarding "race and ethnicity." Ultimately, it was agreed that the language would have to be adjusted. While it is well known that the motivation behind the bill is to raise the issue of race and gender selective abortion, it is not at all clear that this is actually a problem in the first place. While there are cases of gender selective abortion in countries such as China, America's gender ratio at birth of 1.05 males for every female indicates that it is not an issue here. Thus, S.B. 60 appears to be a solution in search of a problem at best, and a thinly veiled effort to restrict women's choices in the worst case.

As always, will continue to keep you informed of our efforts, as things unfold over the next week of the legislative session.

2013 Legislative Session - Week One Update

As the 2013 legislative session got under way last week, the ACLU of Utah was present to work with law makers and address various civil liberties issues.  

On Wednesday, the ACLU was in attendance as Representative Patrice Arent's bill to end straight ticket voting in Utah elections was presented to the House Government Operations Committee.  In her testimony, Rep. Arent gave several examples she had personally encountered where straight ticket voting led voters to cast votes for candidates they did not intend to support.  Other testimony was offered by members of the public, who made the case that straight ticket voting was particularly confusing to voters who did not understand the difference between primary elections that have party restrictions, and general elections that do not.  While some members of the committee engaged with those offering testimony, and even claimed to be undecided up until the vote, the bill ultimately failed to get out of committee on a 3-4 vote.  As an organization that firmly supports voting rights, the ACLU of Utah supports any bill that encourages greater voter participation.  Thus, we were disappointed that the bill did not make it out of committee, as it could have been an important step towards addressing voter apathy in Utah. 

The ACLU is also following H.B. 64, Felon's Right to Hold Office, being sponsored by Rep. Carol Spackman Moss.  If passed, the bill would restrict sex offenders from being elected to positions on the State Board of Education and local school boards.  While the bill was inspired by a recent school board election, there are concerns surrounding the practical consequences of the bill.  The definition of sex offender is of particular concern, as it is very broad.  As the law is written today, one could be charged with a felony and be classified a sex offender for "lewdness" or "statutory rape", neither of which might affect one's ability to serve on the school board.  Most importantly, however, the question of a candidate's suitability for office should be left to the voters.  There's no need for the legislature to substitute their best judgment for that of the voters, which is in essence what this bill would accomplish.  Over the coming weeks we will continue to stay engaged with legislators regarding this issue, as we work to ensure citizens are not wrongly excluded from the political process.        

Of course, these are only a few of the issues that we are engaged with as we work to protect your civil liberties throughout the legislative session.  We will continue to post updates to keep our members and the public informed about our work as the session unfolds over the coming weeks.  

2013 Citizen Lobbyist Training

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How does a bill become a law? How can I be involved in the legislative process? Don’t know the answer to these questions? Looks like you better attend the Citizen Lobbyist Training at the Utah State Capitol on February 6th.



With the 2013 Utah legislative session under way, we invite you to attend so that you can prepare to be an engaged citizen during the legislative session. The free session will cover, among other issues:

• How the legislature works
• How citizens can have an impact on their elected representatives
• The issues the ACLU of Utah and other groups in Utah will be following during the 2013 Legislative Session
• Free refreshments!

Here's the important information you need to know:

What: Citizen Lobbyist Training at the Capitol

When: Wednesday, February 6, 2013
Time: 5:30 – 7pm

Where: Utah State Capitol, Multipurpose Room

Sponsored by: ACLU of Utah, Equality Utah, Alliance for a Better Utah, Planned Parenthood of Utah, Enriching Utah Coalition

Free pizza and refreshments

January is always the time to reflect on resolutions and here at the ACLU of Utah, we have a few of our own. As the 2013 legislative session gets underway, our lawmakers are already providing us with opportunities to renew our commitment to protecting the civil liberties of all Utahns.

Our 2013 resolutions are:

Promote Equality

• Press for fair and humane immigration reform.
• Encourage the passage of non-discrimination protections in housing and the workplace for all Utahns, including those who are LGBT.

Defend Liberty

• Keep politicians from coming between women and their doctors in personal medical decisions.
• Prevent politicians from using religious freedom as an excuse to break important laws such as those that protect against child abuse, domestic violence and discrimination.

Stand Up for Justice

• Protect our privacy and our personal data, including establishing guidelines and oversight regarding the use of Automatic License Plate Readers (ALPRs).

You can follow us on Twitter and Facebook to take action
and help us make these resolutions a reality!

Utah High School Seniors Honored For Their Social Justice and Equality Activism

Through the Youth Activist Scholarship, the ACLU of Utah encourages high school students to get involved with their communities. Since 2007, we have awarded more than $15,000 in scholarship money to inspiring and amazing high school seniors from all over the state. Our many young activist applicants, after hearing of the scholarship opportunity through school counselors, community groups and social media, submit a simple application in the hopes of becoming one of three winners, each of whom receive a $1,000 scholarship to apply toward the college of their choice.  

In the early weeks of January, the Youth Activist Scholarship Selection Committee gathered to choose the 2012 scholarship winners.  Over the course of the evening, the committee – made up of teachers, professors, community leaders and students – reviewed and discussed the bevy of applications, each of which featured a student that has shown incredible commitment to civil liberties in their school and community.  After long and hard deliberation, the committee chose three winners that stood out among the rest: Gabe Glissmeyer, Patricio Panuncio, and Lincoln Parkin. 

Gabriel Glissmeyer
Hillcrest High School (Midvale)
As a student of color and a member of the LGBTQ community, Gabe has faced and overcome many obstacles in his life.  But rather than letting these challenges discourage him, Gabe uses his experiences to empower himself, as well as to help others who  face similar challenges.  For example, Gabe works to educate members of the LGBTQ community about the ill effects of tobacco; he turned the spotlight on “Project SCUM,” a tobacco campaign that sought to target members of the LGBTQ community in the 1990s.  Gabe also initiated the formation of “Advocates for Equality,” an all-inclusive club at his high school that provides a safe place for LGBTQ youth to share their experiences and work to promote equal treatment within Hillcrest’s halls.  With support from the ACLU of Utah, Gabe plans to continue his civil liberties advocacy after high school.  “In college I plan to tirelessly continue to fight for what’s right,” he says, “without backing down.”     

Patricio Panuncio
Academy for Math, Engineering and Science (Salt Lake City)
Not long after moving with his family to Utah from Argentina in 2001, Patricio began to feel the affects of discrimination toward the Latino community.  Rather than sitting back and enduring the discrimination silently, Patricio decided to take action in pursuit of equal treatment and protection for all people.   He helped to organize an action group titled “Still We Rise”, which demonstrated against HJR 24, a proposal put forth during the 2010 Legislative Session to ban Equal Opportunity programs in state employment and higher education.  When “Still We Rise” triumphed and the proposal, Patricio realized, “Change was at the tips of my fingers.”  Since then, he has shared his story on a radio show, testified before the state legislature, and participated in rallies to advocate for equality for Latinos and immigrants in Utah.  Patricio plans to get an undergraduate degree in Political Science, and pursue a career in Civil Rights Law.       

Lincoln Parkin
Weber High School (Ogden) 
As president of his school’s Gay-Straight Alliance club, Lincoln works to promote fair treatment for all students at Weber High, no matter their sexual orientation.  Lincoln is also an active member of the Ogden OUTreach Center, a program that focuses on creating a safe and welcoming community for LGBTQ  youth and their allies.  After learning about the “Pink Dot” campaign through the OUTreach Center, Lincoln worked to encourage Utahns to speak up for their lesbian, gay, bisexual and transgender friends and family members as part of the “Pink Dot” effort.  A self-proclaimed “music activist,” Lincoln uses his passion for singing to work toward the goal of equality for LGBTQ people.  Lincoln plans to continue his dedication to music and activism in college.  

We received many excellent applications for this scholarship program; each applicant inspired us with their work to protect and expand civil liberties. It was a challenge to select only three winners! But we are proud to provide this scholarship to high school activists who are working to make a difference, not only in their own lives, but in the lives of their families, friends, peers and neighbors. The scholarship winners will receive their awards at the ACLU of Utah’s annual Bill of Rights Celebration on May 2.
                   
The Bill of Rights Celebration will feature various guests of honor, as well as keynote speaker Spencer Overton, of George Washington University Law School and author of Stealing Democracy: The New Politics of Voter Suppression. This event is expected to attract more than 500 guests, who will come together to support the ACLU, and learn more about its role in promoting participatory democracy, transparent and accountable government, voting rights and a host of other important civic issues. To purchase your tickets or learn more about the Bill of Rights Celebration on May 2nd, please visit www.acluutah.org/bor2012