This morning the Utah Taxpayers Association held their annual conference at the Little America Hotel downtown Salt Lake City.  Governor Jon Huntsman, Jr. was the featured speaker during the lunchtime hour.  Huntsman received the coveted Taxpayer Advocate Award from the Association.  He then spoke about the need for additional reform, speaking specifically about the continued removal of Sales Tax from food and economic development.

As luck would have it, Robert Spendlove, Gov. Huntsman’s Chief Economist, and I spent a good portion of the morning talking about a number of economic and social issues during the conference.  Spendlove was a critical player in the tax reform push during the 2007 General Legislative Session.  He is a pragmatic and thoughtful asset to the Huntsman Administration.  Huntsman commented during his speech of Robert’s involvement in the passage of crucial tax reform and thanked him for his analysis and vision.

Earlier in the morning, presentations included Transportation, Taxation, Education Funding, and other miscellaneous subjects by local and national experts and local Legislators.

Also, awarded the Taxpayers Advocate of the Year recognition was the Utah State House and Senate for their unanimous passage of SB223, Sen. Wayne Niederhauser, Chief Sponsor (the tax reform package bill).

Kudos to UTA for an excellent conference! 

This morning, following the action (or non-action) of the State Board of Education to create and endorse rules related to the two new Voucher laws, the local papers printed the following articles:

Deseret News Article, Click HERE

Tribune, Click HERE

On my way to the Legacy Awards Banquet this evening at Rice-Eccles Stadium, I heard some disturbing news on the local radio.  The Utah State Board of Education tabled a mandate by the Legislature for the Office of Education to provide for the “rule making” task for the voucher bill.  (Three votes NOT to table–Bravo!)  Despite the fact that there were enough signatures for referendum on HB148, both HB148 and HB174 were PASSED BY THE LEGISLATURE and SIGNED BY THE GOVERNOR–THEY ARE CURRENTLY LAW.  For the Board not to create the proper rules for the implementation of these two laws is CONTEMPT.

The rules MUST be written, no matter what form they take.  A proper review and hearing in front of the Legislative Administrative Rules Committee will determine if the rules provided by the Office of Education are sufficient and meet the intent of the Legislature.  If they aren’t sufficient–back to the drawing board.  If there is a lawsuit, so be it.  That’s life.  We’ll iron that one out later in the proper venue.  But the statute IS clear and rule-making authority HAS been granted (or mandated by the legislature).

If the referendum passes (whenever its voted upon, June ‘07, Nov ‘07, Feb ‘08, Nov ‘08, or some other time) and HB148 becomes null and void by General vote of the People, HB174 will continue to exist in its current statutory form.  The Board MUST write the rules so implementation of the voucher program will commence on its effective date.

JUST WRITE THE RULES.

Pleasant Grove’s (District 57) own Darold McDade has been nominated by Gov. Jon Huntsman, Jr. to fill a vacancy on the 4th District bench created by retiring Judge Anthony Schofield.  Darold currently serves as a PG City Councilman and works for Attorney General Mark Shurtleff in Utah County as an Assistant Attorney General.  The final hurdle, Senate confirmation.

Congratulations, Darold.

Click HERE, HERE, and HERE for local news stories.

A couple of Washington “insiders” at the Utah County Republican Convention admitted that a potential VETO from President Bush on the “4th Seat Bill” was more of a “staff” concern.  Constitutional concerns in the Bush administration were not said to be W’s at all, but aired personally by some of his staffers.  Does this mean the President will sign this measure when it clears the Senate?

Currently, the “4th Seat Bill” has passed the House and is under consideration in the Senate.  Click HERE for D-News article.

asinine (ASS-in-eye-n) a. pert. to an ass; stupid.

Raul and Magda Corado hopped a plane to Guatemala Monday after having resided in the US for 16 years.  [Click HERE for D-News story]  I use the term “hopped” lightly…DEPORTED is the correct terminology.

Like many illegal resident aliens in Utah, the Corados were hoping to find some way, within the system, to stay in the US.  But…the system is broken.  And, unfortunately, the current system doesn’t allow for rational appeals from good people like the Corados to remain in asylum states like Utah.  Instead, we prefer to allow, and in many ways encourage an illegal, criminal population to reside among us.  Clearly, an imbalance in the Rule of Law.

The Rule of Law and Equity

The Rule of Law, as applied to the private sphere of human activities, states that the government may not act except in the enforcement of a known, general rule.  Impartial law rules, rather than capriciousness.  (The lady holding the scales is blindfolded!)  For the rule of law to exist, five elements must be present:  Generality, Prospectivity, Publicity, Consent, and Due Process.

Remember, five elements MUST be present for the Rule of Law to exist.  In the Corados case, all but one element was properly applied–the missing element–GENERALITY.  Laws must be applied generally, across the board, equitably, for the principle of fairness to be validated.  But, alas, it was not.  Instead we prefer to prosecute and deport numerous individuals, like the Corados, who are trying to work within our current naturalization and in-migration system, all-the-while turning our heads to an element of illeagal in-migration of a criminal population who want nothing to do with naturalization or assimilation.  Often, they are those who want the benefits and securities of this country and state without the responsibility of paying for those government supplied goods and services–all provided for through state and federal taxation (i.e. public education, healthcare, etc.). 

Many individuals residing in our state illegally have no desire or intention of doing anything but stripping the land bare before they return home or move on.  Yet, we insist on rolling out the red carpet…

Asinine.