The Utah Taxpayers Association released the following statement I thought you might be interested in…

Victory for taxpayers, teachers: U.S. Supreme Court
upholds paycheck protection

A 6-3 majority of the U.S. Supreme Court today ruled that taxpayers
can no longer be compelled to collect political contributions for
public employee unions. The court upheld state bans on political
payroll deductions, declaring that they do not infringe the unions’
First Amendment rights. The ruling explained that the First
Amendment does not impose an obligation on government to subsidize
union speech.

This decision ends the era in which teacher unions have the biggest
political action committees in the states, which have enabled the
in legislative and school board elections.

The ruling also means that teachers and other public employees
have a right to their paychecks. Paycheck protection plans like
Utah’s require that unions obtain explicit permission from their
members before they collect political money from them.

In Ysursa v. Pocatello Education Association, the Court upheld
paycheck protection laws in Idaho and Ohio. This ruling means
Utah’s paycheck protection law, passed in 2001, immediately
takes effect.

“In these tough economic times, this decision is a huge victory
for teachers and public employees, said M. Royce Van Tassell,
vice president of the Utah Taxpayers Association. “Now Utah
teachers and other public employees can put food on the table,
instead of being forced to fund the union’s liberal political
agenda.”

When Utah unions had to obtain this explicit permission, the UEA
PAC’s, fundraising fell 75%, and the Utah Public Empoyee
Association PAC’s fundraising dropped to zero.

Because paycheck protection is so important, the Utah Taxpayers
Association filed a brief urging the U.S. Supreme Court to hear
the case, and another brief, urging the court to uphold paycheck
protection laws.

“Free speech wins again,” said Maxwell Miller, the attorney with
Parsons Behle & Latimer who wrote and submitted the Taxpayers
Association’s amicus brief. “Unions can no longer use fear and
intimidation to force employees to support a political agenda
they disagree with.

EnergySolutions Internationally Generated Material

Disposal Proposal 
 

EnergySolutions has been safely disposing Class A low-level radioactive material at its Clive facility in the west desert of Utah for 20 years.  The material includes gloves, booties and coveralls worn by workers at nuclear power plants, byproducts of life saving cancer treatments, soil and debris from Department of Energy cleanup sites. 

Class A low-level material decays to the end of its hazard life within 100 years.  This is the only material accepted at Clive for disposal.  Nothing of a higher classification of radioactivity is transported to or accepted at Clive.  No spent fuel is transported or disposed of in Utah.  Spent fuel remains on site at nuclear power plants across the country. 

The nation is suffering from the worst economic recession in decades. Many States, including Utah, are suffering from budget shortfalls.  As a result of the State of Utah’s $320 million budget shortfall, many important State programs will receive reduced funding. 

EnergySolutions has offered to contribute to the State of Utah 50% of the net revenue from the disposal of material generated outside of North America.  This could amount to over $1 billion to the State of Utah over the next ten years.  The funding could be used in areas such as public and higher education, economic development, combating Utah’s air quality issues and supporting local charities and community based organizations. 

EnergySolutions would use just 4.3 acres, which is 5% of the remaining capacity at Clive, for the disposal of this material and would only accept this material for disposal for ten years while the company sites other disposal facilities around the world.  This material is the same material that is currently disposed at the site from the domestic nuclear industry.

Why I Know About This Issue

In the 2005 General Legislative Session, I was the House Floor Sponsor for the legislation that banned B & C Low-Level Radioactive Waste (LLRW) disposal in Utah (SB0241S Waste Amendments, Sen. Bramble [R-Provo]).

During the 2004 Interim I was assigned by the Speaker to participate on the Hazardous Waste Regulation and Tax Policy Task Force.  For one solid year, I spent most of my “extra” time in the evenings and on the weekends trying to wrap my mind around one of the most caustic, complicated issues facing our state…the taxation and proper disposal of radioactive waste.  I read dozens of reports, manuscripts, and texts.  I toured, for several hours, the then “Envirocare” disposal site.  I sat through countless meetings, compensated and uncompensated.  I really tried to become one of the leading legislative “experts” on this issue.  Since that time, I’ve continued to take an above-normal interest in the issues facing “Envirocare,” now called EnergySolutions.

Utah Already Imposes Excessive Fees On LLRW

According to a conversation I had last week with Bette Ariel, the State of Utah already collects around $30 million in fees alone from EnergySolutions each year.  Not to mention the other tax revenue from payroll, sales, and property taxes.  And, a large chunk of these dollars go to bolstering our Public Education coffers and provide significant cashflow to the state’s General Fund.

So, why then (if we already taking fee revenue from EnergySolutions) are we afraid to take another $100 million in revenues from the same business entity we’re already draining large streams of cash from?  And, if they’re offering it to us on a silver platter…more money for education, more money for our struggling state general fund which pays for numerous social entitlement programs experiencing some significant cuts this year and for years to come…Why not take it?  (And, don’t tell me it’s our green thumb governor who’s running for President that’s stopping us from doing it.)

Treat the Money Like One-Time Funds…and, Capitalize! OR Save!

Where the real problem exists is when we use a revenue stream like this to finance short-falls in on-going programs and projects.  The solution is really simple…

If we treat this additional “fee” revenue like one-time money and capitalize instead of use the funds for on-going programs, we can maintain “structural balance” in our state budget.

It’s like getting a bonus check at work.  One time bonus, one time expenditure.  You wouldn’t count on another bonus (or spend it) until it happened again…would you?

Or how about this one…each time the state receives a big check from EnergySolutions we stick it in the Rainy Day Funds?!!!  Could you imagine having over a billion dollars in the state’s Rainy Day Funds within the next decade?!!!  We could do some significant things every year just spending the perpetual interest, alone!

It’s All the Same Garbage

The waste can come from Italy, or it can come from Texas, or Mississippi, or anywhere else for that matter…it’s all the same garbage (LLRW).  And when the currently authorized disposal area is full, with or without the Italian waste, they’ll shut down the cell the same as they will when they reach capacity with domestic LLRW, anyway!

People Fear What They Don’t Understand

Before you formulate an opinion on this issue, take some time to educate yourself.  Don’t flip open the local liberal newspaper, their agenda is to frighten you, to tease you, to sell newspapers by titillation, to get you to believe the nonsense they print about EnergySolutions and LLRW.  You have the internet, you can get any information on the topic you want…anytime…day and night.  Here’s an idea…start with the EnergySolutions website.

This Italian waste is no different than the waste currently accepted at the Clive site.  It’s rated the same, shipped the same way, and disposed of the same way.

Utah is a federal “Agreement” state.  Effectively that means we have just as high or higher standards than federal regulatory standards and agencies.  Utah’s Dept. of Environmental Quality runs a very tight ship when it comes to meeting or exceeding these national regulatory standards for the disposal of LLRW.

Occupational rates of radiation exposure average about 8 mrem/year (milli-rem/year).  In 2003 (latest numbers I have), there were only two workers at the Clive facility that received over 200 mrem.  The nationally accepted safety standards for workers in a radioactive environment is 5,000 mrem/year.

By my calculations, it’s safer to live next to the EnergySolutions, Clive facility than it is to live on the east bench in Salt Lake City!  (See the radiation calculator on the EPA’s website)

So, you tell me, should we take the offer?  If yes, under what conditions?  If no, why not?

Back in 1994, I was sitting in my Entrepreneurship class my Senior Year at BYU, copiously taking notes from a guy Dr. Hunt had invited to speak as a guest lecturer. He brought his wife, Gail.  A wonderful lady.  Why this guy was important, I didn’t really know. You see I was never tall enough to play basketball and I was still driving a loaner 1987 Z28. He really wasn’t much to look at, short, balding, 501’s, button-down collar, nike’s…just an average Joe. Or, so I thought. But Larry Miller was far from average…far from average. Humble, friendly, selfless, sensitive.

One of the several lessons I took from that morning’s lecture was something that has been the platform of my financial philosophy…”Money is a stewardship NOT an ownership.” Simple. It made so much sense coming from a spiritual guy with a lot of it. And, although I’m not “rich” by any stretch of the imagination, as I’ve made significant financial decisions over the years affecting people inside and outside of family relationships…Larry’s words still ring in my ears.  It’s not about me.

In my responsibilities with the legislature through the years I’ve had numerous occasions to visit with Larry. Every time, without exception, the conversation was genuine, warm, and usually instructive. Always and Entrepreneur…a professor.

So, although Larry will no longer live among us…he still lives in our minds and hearts. We’ll miss the tears, we’ll miss the passion.

So long, Larry.

Here are some more pictures from the 2009 General Legislative Session. Please note that the views expressed in the pictures do not necessarily mirror the views of Rep. Frank, as they are intended to show the happenings around the Capitol this week rather than to share his own stances on things.

Rep. Ron Bigelow, Co-Chair of the Executive Appropriations Committee, released the new revenue projections for FY10 and the revised numbers for FY09.  (FY09 budget ends June 30, 2009 and FY10 budget begins July 1, 2009 and ends June 30, 2010)  What does this mean to current budgets address by the legislature to date?

With FY09 shortfalls at <$171 million>, that’s a shortfall in the Education Fund of <$120 million> and a shortfall in the General Fund of <$51 million>, this  means that because the Supplemental Budget Bill for FY09 has already been signed by the governor, the legislature will need to go back to the FY09 budget and make additional ONE-TIME CUTS (or backfill) of <$171 million>.

With shortfalls of <$320 million> in FY10 projections, the legislature is in a “pretty good” position to accept current budget cut recommendations of 15% already addressed in the appropriations sub-committees that met during the first three weeks of the General Session…that’s <$124 million> from General Fund and <$196 million> from the Education Fund.

 

Disclosure

When I was in my late teens, I was pulled over by a UHP trooper just north of Nephi on I-15 and given a citation for $23. 62 mph in a 55 mph zone. My dad was sitting next to me in the passenger seat. As best I can remember, this was the only moving violation I’ve ever been cited for. I said…that I’ve been cited for.

We Swear To Uphold…

As legislators we take an oath of office. We promise to support and defend the Constitution of the United Sates and the Constitution of This State. At least a couple times a year I make a point of reviewing these historic documents. And, although historic by writ, they are in fact just as applicable today as the day they were penned.

So vital were the mandates expressly provided for in the US Constitution that the Founders dedicated the first paragraph (the Preamble) of the Document delineating the general guarantees of and provisions for the freedom, liberty, and security of its citizens. We the People of the United States…ensure domestic tranquility, provide for the common defense… So, as lawmakers, we have taken upon ourselves the responsibility to provide citizens with a safe and secure society. What does that mean?

Budget Cuts and A Mandate of Security

When it became apparent last year that every segment of the state budget for FY09 and FY10 would require substantial cuts because of decreasing revenue sources, there were a number of concerned citizens who approached me about how we might maintain certain segments of public safety during the current economic downturn. Specifically at risk was the potential reduction of highway patrol forces on our state highways and roads. The Highway Patrol is our state highway’s elite force for public safety.

Budget Chopping Block

Revenue reductions in public safety are inevitable this year. Currently on the FY10 budget “chopping block” is 20% of our Utah Highway Patrol road forces. One out of every five officers will be fired to accommodate current budget shortfalls.

Any reasonable man (or woman) quickly recognizes the inherent problem created when over 60 troopers are removed from our state highways. On the surface alone, one quickly realizes that over 800 unchecked drivers who are under the influence (DUI) of intoxicants operating motor vehicles on our highways and state roads would be placing themselves and, more importantly, other drivers and pedestrians at risk of injury or death.

HB140 (Amended) Motor Vehicle Registration Fees Amendments

The Utah Department of Public Safety (DPS) provided an analysis of the impact to public safety if 61 troopers had to be fired because of budget cuts. What does this mean?

An approximately 20% reduction in troopers (61 troopers) would mean a DECREASE of…
854 drunk driver arrests
3,538 accident investigations
39,894 traffic stops
915 felony and misdemeanor warrant arrests
58,377 calls for service (i.e. motorist assists, road debris, etc.)
117,730 hours of obligated time responding to emergencies

…across Utah’s highways in JUST ONE YEAR!

In Addition to these statistics by DPS, is the recent announcement by the Utah Department of Alcohol Beverage Control (DABC) that alcohol sales (4% alcohol and above) have increased $27 million over the past year with an increase in alcohol consumed from 2.076 (2007) to 2.132 (2008) gallons per capita. Not all these sales will translate to DUI; however, statistically it is inevitable some of these increased sales will result in increased DUI. We can count on and plan for an increase in DUI driver related accidents and fatalities on our highways.

They Live Among Us

Our troopers are our neighbors. We have a constitutional responsibility to protect them. By eliminating 61 troopers, we are eliminating their back-up, placing our troopers at greater risk during traffic stops and pursuits where peer assistance is critical. These men and women have families, friends, and loved ones who expect them to come home from work…just like the rest of us.

How Much Will This Cost Me?

We originally started with an estimate based on the firing of 42 troopers…we knew it would be between $1.50 and $2.00 per vehicle. The intent was to run the bill through at $2 and then adjust down appropriately. Now that the new numbers are out and the DPS considering a 61 trooper cut, it will be necessary to keep the fiscal note at $2 per vehicle per year. This will net approximately $5.351 million a year from registration fees to the Public Safety Restricted Account. The cost estimate from the DPS is $5.255 million for 61 troopers.

This fee isn’t a gratuitous tax imposed by glutinous politicians to bolster social programs and special interest; it is nothing less than a mechanism to provide revenues, for a restricted period of time, to maintain public safety during times of our struggling economy. What I am asking for is a fee to be imposed on those vehicles traveling the same highways that troopers police. Spreading the fee across the base of vehicle owners throughout the state will make maintaining public safety more manageable.

Three-Year Sunset

Built into the statutory language of this bill is the sunset date of June 30, 2012. A “sunset” requires the automatic repeal of this fee on that date. When that day comes (so says my crystal ball), the economy will have corrected itself to a point where the General Fund will support proper trooper levels on our highways, or, the legislature will have to consider adjusting the current (2012) statutory fee to hold trooper levels constant during additional market corrections (because I don’t really have a crystal ball).

To Protect and To Serve

Certainly the economy will correct itself. And, certainly in the meantime, many of us will struggle. Public safety is a responsibility we have a constitutional mandate to maintain during slow economic times.

Not only do we have an obligation to protect our citizens, we have a responsibility to protect those who protect us.

Some more pictures from the Capitol today.

Recently created for the access and deliberation of Utah citizens and taxpayers is this site where you can personally report government waste. It’s up to you to “blow the whistle.”  Click HERE to go to Utah Waste Buster.

The U of U football team was at the Capitol on Monday… here are some pictures from the event!