End of Utah’s 2019 Legislative Session Report

Another session is in the books! Foxley & Pignanelli is proud to have completed another legislative session. 2019 was a unique year of new faces and unprecedented issues. As your designated Utah politicos, we are pleased to provide you an end of session summary, complete with color commentary:

Tax Reform

You can’t discuss the 2019 session without mentioning ​H.B. 441 Substitute​ -- Tax Equalization and Reduction Act ​(Rep. Quinn, T.). ​State leadership is concerned that the General Fund is in danger of diminishing as sales tax receipts decrease due to changes in the economy. Governor Gary Herbert collaborated with House leadership to craft this tax reform bill to reduce the state’s overall sales tax rate by extending taxes to professional services never taxed before. The rapid introduction and inclusion of all these services created a dramatic response from many Utahns. Lawmakers sent the bill to study and may brought back in special session sometime this summer.

Hate Crimes

Senator Thatcher worked tirelessly to pass​ S.B. 103 ​-- ​Victim Targeting Penalty Enhancements ​(Sen. Thatcher, D.),​ a hate crimes bill that increases the penalty for criminals who target victims based on personal attributes like race, religion, gender, sexual orientation, political affiliation, family status, homelessness, college attendance, or gender identity.

Alcohol

Another bill to buzz about in the beehive state was ​S.B. 132​ -- Beer Amendments(Sen. Stevenson, J.). T​ he original version increased the permissible alcohol content of off-premise beers from 3.2% to 4.8%. Currently in Utah, beers that are sold outside of state liquor stores are capped to the 3.2%, one of only two states in the country with this limit. Merchants desired changes in response to beer manufacturers ceasing the production of low alcohol content beers. After much debate, the cap was lowered from 4.8% to 4.0%, and requested interim study for research.

Conversion Therapy

Representative Hall ran legislation that would ban the practice of therapy to change a minor’s sexial preference and/ or gender identification. The bill gained attention when the Church of Jesus Christ of Latter Day Saints publicly announced they would not oppose the bill. But the bill was eventually altered in the House Judiciary Committee with a substitute that essentially ​only placed a ban on the most severe forms of conversion therapy and did not include transgender minors. There was much debate as to what should fall under the definition of conversion therapy with no consensus. As a result, the bill was tabled. Media attention and rallies at the capitol which indicates the conversation will carry to future legislative sessions.
H.B. 399​ -- Prohibition of the Practice of Conversion Therapy upon Minors
(Rep. Hall, Medicaid Expansion
In the 2018 elections, Utahns voted in favor of Proposition 3 which implemented full Medicaid expansion.There was major concern amongst lawmakers as to the feasibility of the state funding this in the long term and the legislature passed ​S.B. 96 ​-- Medicaid Expansion Adjustments (Sen. Christensen, A.). ​The bill alters Proposition 3 by including enrollment caps, a work requirement, and seeks federal waivers.

Looking ahead:

Golden Spike

It’s almost time for the party of the century! Doug has been hard at work bringing together stakeholders from across the state and country to ensure this is a celebration worthy of such a historical event. Art, culture, history, tourism, business and more have all come together to make this celebration an important part of history. By May 10, 2019 Doug will have raised over $6M in private and public contributions to fund a celebration of transcontinental railroad. Additionally, on March 12th of this year, President Trump signed the ​Natural Resources Management Act​, which was sponsored by Congressman Bishop and ​designates the Golden Spike National Historic Site as a Historic National Park. There may or may not have been a Foxley behind that legislation.

Better Days 2020

What could possibly challenge the Golden Spike celebration in historical significance for the state of Utah? The year 2020 will mark the ​150th anniversary of Utah being the first state where women voted in our country. The year also happens to be the 100th anniversary of the 19th Amendment, which granted all U.S. women the right to vote. Foxley and Pignanelli is proud to represent the organization behind the celebrations next year, Better Days 2020, in legislative affairs.

Ongoing issues:

Marijuana

Though the legislature altered the 2018 voter affirmed Proposition 2- which legalized patient access to medical marijuana - the marijuana discussions continue. Legislation was passed this session addressing topics from ​the transportation of cannabis​ to an appropriation that calls for a study on the effects of cannabis.

Inland Port

The Inland Port was conceived in the 2018 legislative session and lawmakers continue to iron out logistics and power associated with its creation. This year, Rep. Gibson sponsored ​HB 443​. The bill extends the boundaries of the port, reorganizes powers, and introduces what the Representative refers to as a ‘Hub-and-Spoke’ approach -which looks to include more rural communities so they have an easier time clearing international customs with their exports.

Tax reform

HB 441 (mentioned above) was abandoned just shy of one week of being released but the Legislature sent a clear message that this is the beginning of tax reform conversations. To illustrate their sense of urgency to find a solution for the dwindling general fund, they converted all ongoing state appropriations to one-time funding. Furthermore, HB 441 was replaced with ​H.B. 495​ -- Tax Restructuring and Equalization Task Force ​(Rep. Schultz, M.), s​ o options can be further explored. As of now, there are many. There is talk of possibly restructuring the ‘broaden the base, lower the rate’ proposal we saw in HB 441 to possibly reissuing a sales tax on food. At this point there does not seem to be a precise course of action.

Important dates:
Last day for Gov sign or veto bills: April 3rd
Veto override session: May 13th
Bills will become effective on May 14th unless otherwise noted in the legislation.

Pignanelli and Webb: Sure, you're tired of it — but just a little more on SB54, Mueller

We can affirm that most Utahns are sane, commonsense people who are exhausted by the Mueller investigation. They’re also tired of the never-ending fight over SB54 and Count My Vote. We contribute to the fatigue by exploring, one more time, the impact of these issues on our state.

Last week, Gov. Gary Herbert vetoed SB123, which gave party delegates control over naming candidates to run in a special election to fill a congressional vacancy. This is a continuation of the fight over SB54 and whether all voters, or just delegates, choose candidates. Will the governor's veto be upheld, or will the Legislature override the governor, putting power in the hands of party delegates?

Pignanelli: "My friends, no matter how rough the road, we can and we will, never surrender to what is right.” — Dan Quayle

The idiom "bad penny" describes an unpleasant or unwanted thing which repeatedly appears at inopportune times. The convention/delegate process and the furor surrounding SB54 is a "bad penny" despised by thousands. Herbert understands this and it explains the veto.

Legislators balance between the minority of loud protestors opposed to the election changes and the majority of residents who want the signature option for the primary. Lawmakers left SB54 untouched since passage in 2014, but threw small change (another penny metaphor) this year at the activists with SB123. Deep fatigue suffered by Capitol Hill politicos combined with the Supreme Court decision creates an incentive to sustain the veto.

Veto survival benefits lawmakers and the rest the population by eliminating those annoying pennies.

Webb: Herbert’s veto was courageous and correct. It should be upheld. Utah voters overwhelmingly want a say in choosing party nominees, even in special elections. The dual-track nomination system empowers all voters, not just party activists. The process has worked very well and the governor is right to insist the SB54 statutory process be followed in special elections. I predict the governor prevails.

A key factor in the future of the Republican Party will be the election of a new state chair at the party organizing convention in early May. Current chair Rob Andersondeclined to seek re-election after long and bitter fights with the right wing of the party. What is the current state of the GOP and potential impact on the 2020 elections?

Pignanelli: The Utah GOP Convention will be of crucial importance to the party, and the state. Should delegates choose a new chairman that continues the battle on SB54, the party will sink into irrelevancy, jeopardizing organizational and fundraising activities. Further, future growth is questioned as Millennial and Generation Z voters are unwilling to embrace a process that is alien to their technological prowess.

However, if delegates select a mainstream leader willing to heal wounds, then Utahns will believe that the majority party is serious about rational public policy on matters that really concern them.

Webb: Utah Republicans should feel lucky they are so dominant in the state. Otherwise, party dysfunction and chaos would hurt GOP candidates. Party activists spend most of their time bickering over arcane party rules and what constitutes a purist Republican, rather than raising money for candidates and organizing at the neighborhood level. Some county Republican parties even snub candidates who don’t go through the caucus/convention system. So much for Ronald Reagan’s“big tent.”

GOP candidates know they get very little help from the party, so they do everything themselves. Many prominent Republicans have given up on the party and have formed a totally independent group, the Reagan Roundtable, to raise money and support sensible candidates.

Of the candidates running for GOP chair, Derek Brown, an attorney and former legislator who has worked for senators Mike Lee, Orrin Hatch and Bob Bennett, has the best chance of restoring some semblance of order and respect to the party. But it will be very difficult.

What impact does the results of the Mueller investigation report have on local politics and the 2020 elections?

Pignanelli: Mueller's analysis is Twitter fodder for the president. He will tweet frequently about the report exonerating him, while strident detractors obnoxiously nitpick various details. Thus, it becomes background noise for most voters — unless another investigation reveals something truly noteworthy. Democrats will gain more traction by highlighting the weaknesses on tariffs and healthcare.

Webb: It’s very good news for Republicans to have the collusion illusion behind them. If Trump will focus on mainstream issues and the economy, and not digress in weird directions (good luck with that!) Republicans have the potential to have a good 2020 election year.

Trump was, no doubt, a drag on Mia Love in 2018, helping deliver a win to Democrat Ben McAdams in the 4th Congressional District. But if the economy is rolling, Trump stays under control, national Democrats chase leftist policies, Republicans nominate a solid, mainstream candidate, and if they can get the vote out in Utah County (a lot to ask!), then 2020 could be a tough election for McAdams.

Pignanelli and Webb: Political triage on mayoral race, senators vs. Trump and legislative politics

Politicos love nothing more than to politically triage officials, candidates and elections. We look at three recent events and the extent of hurt and injury.

The campaign bombshell of this year (so far) was the announcement by Salt Lake City Mayor Jackie Biskupski that she will not seek re-election. How does this alter the race for announced and potential candidates James Dabakis, Stan Penfold, David Ibarra, David Garbett, Christian Harrison and Luz Escamilla?

Pignanelli: “From politics, it was an easy step to silence.”— Jane Austen

Observers predicted the recently filed Inland Port lawsuit would energize the mayor's re-election campaign, enhancing her perception as the anti-establishment Joan of Arc in Utah. But we will never know.

A word of caution to readers who live outside Salt Lake City — it is very much not like the rest of the state. For capital city residents, international and national causes regarding the environment, human rights, urbane lifestyle, etc. are more important than traditional municipal issues.

Also, mayoral candidates endure the toughest challenge of any office seeker in the state. Fundraising demands are comparable to federal and statewide offices. Additionally, residents demand a campaign similar to legislative and council races, focused on door-to-door outreach, cottage meetings and attendance at Community Council functions.

Biskupki’s departure benefits Dabakis but also opens another pathway for Penfold — a former city councilmember who understands the emotional levers of city residents. This election now mirrors the 2007 race — victory to not the best financed, but to most strategic in messaging and voter turnout.

Utahns should expect several mayoral contenders leading crusades on topics “unique” to their capital.

Webb: The mayoral race is wide open. Dabakis has the lead in the polls, but it’s all ephemeral name ID. The only candidate I know well is Christian Harrison, the former Downtown Community Council chair. He’s a fine person.

Salt Lake City is as liberal as any big city in the country, so the next mayor will obviously not be a conservative (as I would prefer), or even a moderate. But even liberals ought to understand that the next mayor needs to be able to work collaboratively with the business community, the Legislature, and The Church of Jesus Christ of Latter-day Saints.

The church contributes immensely to Salt Lake's economy, vitality and success. A hostile mayor could provoke the church to move its headquarters to Bountiful (just joking!).

The new mayor also needs to be business-friendly. Strong business and economic centers are popping up all over the valley and, especially, in northern Utah County. Salt Lake City faces plenty of competition for economic vibrance. An anti-business mayor would be disastrous for the city.

Candidates concerned about endangered species and oppressed minorities should listen to me — the very last old white male conservative Republican still living in downtown Salt Lake City.

Last week, Utah Sens. Mike Lee and Mitt Romney voted to overturn Pres. Donald Trump's emergency declaration on border wall funding. Then Romney criticized Trump's tweets disparaging former Sen. John McCain. Is the grumbling within GOP ranks a problem for Trump?

Pignanelli: Lee’s undisputed commitment to constitutional principles — even at the expense of legislation that benefits Utah — compelled his affirmative vote on this resolution. Trumpistas care nothing for such admirable consistency and are screaming betrayal. These objections will soon dissipate. Further, his decision solidifies him as a future conservative nominee for the Supreme Court.

Romney is an unusual commodity in Washington, D.C. He was literally drafted by Utah voters and expresses little ambition beyond. Therefore, no one can threaten him from providing the desperately needed parental supervision in Washington. Millions are grateful for his assumption of this burden.

Webb: I don’t have a problem with Lee and Romney voting against Trump. But I have a very big problem with Congress itself being totally impotent in dealing with the immigration mess. Immigration policy, a quintessential congressional responsibility, is in shambles, desperately needing reform.

The reason Trump usurps congressional authority is that Lee and Romney and the rest of Congress are incapable of producing good public policy. The old saying is true: Congress is good at only two things — doing nothing and overreacting.

Republicans do have a problem with Trump’s many foibles. But Democrats have a problem with leftist candidates and a Trump economy that’s the best in many years. Which is the worst problem going into 2020?

Do any of the results of the recently concluded legislative session suggest electoral problems for lawmakers?

Pignanelli: The tax reform controversy overwhelmed every other issue that may have caused problems for lawmakers. Although hundreds of thousands of Utahns would have been impacted, little time was available for them to assess. Summertime committee hearings covered by the media, along with a potential special session, will provide opportunities for everyone to learn, and decide whether to support or oppose.

Webb: What will matter is how the Legislature performs in the special session later this year. Legislative leaders have forced themselves to take meaningful steps on tax reform, tax cuts and the state budget by deliberately spending $300 million in one-time money to pay for ongoing expenses. If they don’t perform, chaos ensues.

Pignanelli and Webb: What Utahns say and what they really mean

A very grueling, contentious legislative session adjourned last week. We know it was a rough session because events on our Capitol Hill even overshadowed the circus in Washington D.C. — a rarity. We know it’s hard to follow the nuances of legislative action because of all the political mumbo-jumbo. So, to clarify what really happened, we offer our traditional annual feature: “What they say … and what they mean.”

Lawmakers pushing tax reform: “Broadening the base of the sales tax to include all professional services ensures fiscal soundness and fairness.” (Wow, we have achieved a remarkable feat: Every business association and interest group in Utah is spitting mad at us!)

Freshman legislators: “We were surprised and pleased with the diversity of legislation this session.” (Alcohol, cigarettes, stronger beer, vaping, horseracing, premarital relations. … Who knew that Utahns were having so much fun with so many vices.)

House Speaker Brad Wilson: “I look forward to extra time to visit my peers in other states and learn how other state legislatures function so we can adopt best practices.” (I am especially intrigued by Nebraska, which does not have a Senate.)

Senate Pres. Stuart Adams: “I appreciate the important dynamics and inevitable friction between the upper and lower body.” (Just a reminder: The Senate is the upper body.)

Medicaid expansion supporters: "There may be some minor issues in the language of the petition, but the Legislature should leave it alone and see if problems arise in the future." (We can never admit in public that the automatic increase for health care providers is a major problem that must be resolved.)

Most lawmakers: “We take air quality seriously, and we took meaningful action this session to clean up Utah’s air.” (Thank goodness there was no major inversion during the session, which saved us from clean air protest rallies.)

Salt Lake City Mayor Jackie Biskupski: “I am outraged at the Inland Port legislation and am filing a lawsuit.” (All right, the good old boys on the Hill gave me a great campaign issue.)

Salt Lake Chamber: “We were successful in calling upon the governor and the Legislature for more time to deliberate the difficult issue of modernizing Utah’s tax code.” (Hopefully, if we say this enough our members will forget we strongly endorsed the bill.)

Sober lawmakers: “Allowing 4.0 beer in convenience stores is a generous compromise.” (We did not want to face a nasty citizen initiative battle on this.)

Beer drinkers: “Utah’s war on beer must end!” (Once I’ve had a few, it doesn’t matter if it’s 3.2, 4.0 or 4.8).

Long-time conservative activist Gayle Ruzicka: “I am grateful for the many experiences and friends gained in the legislative process over many years." (I am enjoying the last laugh at all those who think I’m past my prime. Who else got a multi-page flattering profile in a daily newspaper, won major battles this session, and is still eager for more? See you in 2020.)

All lawmakers: “We were wise to handle revising the medical marijuana initiative in a special session before the regular session.” (That was a piece of cake compared to our experience over the last 45 days.)

Perceptive legislators: “We definitely need a new state flag to represent our changing demographics and diversity.” (This is a great way to distract angry voters from tax and moral issues.)

Gov. Gary Herbert: “I endorsed the House skinny budget because it made sense.” (The Legislature disregards most of our recommendations, but I appreciated the House pushing hard on tax reform.)

Many lawmakers: “We respect ballot initiatives, but just want to ensure that they are appropriately implemented." (These dang things are a terrible nuisance.)

Nitpicking pundits: “The Legislature is just a good old boys and girls club and is clueless to needs of Utahns.” (I know lawmakers make tremendous sacrifices and study tough issues in transportation, tax reform and education. But I'm too lazy to actually research their actions and it is just more fun to attack them with unfair castigations.)

Veteran lobbyists: "We are proud to be part of the important legislative process." (We are like gut bacteria; no one wants to see us, but they know they need us.)

Frank: “This session is an absolute confirmation The Church of Jesus Christ of Latter-day Saints has more important priorities and rarely weighs in on most legislative issues.” (The Church appropriately focused their time and effort on the recent visit with Pope Francis. I just hoped the Pontiff listened to their wisdom.)

LaVarr: “The push for comprehensive tax reform was a great effort, even if it fell short and will take a while longer.” (The great thing about the Legislature is that when it’s over, spring is here!)

Pignanelli and Webb: Keep fighting for broad-based tax reform

After pushing hard for the most significant reform to Utah taxes since the Great Depression, and being confident of passage, Gov. Gary Herbert and lawmakers scuttled the bill, opting for further study and a possible spring or summer special session. We explore some of the questions.

Why did the Legislature undertake, and then abruptly scuttle, this massive effort to expand the sales tax to a wide variety of services? Was the opposition that deep?

Pignanelli: "The avoidance of taxes is the only intellectual pursuit that still carries any reward." — John Maynard Keynes

The Utah culture is well-known for passive-aggressive behavior. But aversion to confrontation disappears when dire challenges to our society and government appear (A proud pioneer legacy). Unlike federal officials whose shoes are scuffed from kicking cans down the road, Utah leaders are fearless. Modern history examples include building pumps to divert an expanding Great Salt Lake, preempting pension catastrophe, diversifying the economy to minimize recessions, etc.

Experts disagree as to timing, but all officials and economic observers concur the General Fund is facing a future disaster. The proposal expanding sales tax to professional services — while reducing the overall rate and income tax — generated tremendous controversy and emotional opposition. Hundreds of businesses (including my clients) conveyed to lawmakers their legitimate concerns with the content and process of the legislation. More importantly, legislators listened to the anxieties of thousands of Utahns (engineers, hairstylists, financial planners, caterers, lawyers, accountants, etc.).

Despite the turmoil, the political courage and vision of state leaders must be respected, especially “The Mighty Quinn” (House sponsor Rep. Tim Quinn) who genially fielded questions from many Utahns across the economic spectrum. In my first session as a rookie lawmaker, legislators raised the sales and income taxes to prevent a collapse of state government. This fostered protest rallies and extreme reactions. So, I feel the pain lawmakers experienced.

I will accept any wager state leaders find a solution in the near future. My bet on Washington, D.C. is much different.

Webb: I’m disappointed the job didn’t get done. Remember, this was a tax cut. And it was structured to be phased in so changes could be made. It would have worked just fine. In dealing with tough, complex public policy issues, it’s often better to just rip the Band-Aid off, and get the pain over with, rather than dribble out the discomfort over weeks and months.

I’m also disappointed in various industries and lobbyists that aired inaccurate, confusing and unfair information about the legislation, creating a big enough uproar that lawmakers backed off.

Yes, the legislation was complicated. But broadening the tax base, while lowering the rates, is absolutely the right thing to do. And it was a tax cut. And service providers have no right to think they should be excluded from the tax system. Why should we tax some services, but not others? Why tax food (albeit at a low rate), but not Uber rides? Why should we tax the purchase of an electric drill a carpenter needs to make a living, but not a haircut?

The “sky is falling — we’ll all go out of business” whining we heard from a lot of businesses and industries was just silly. Thousands of businesses charge sales tax. All of them pass it on to consumers. Consumers still purchase their goods and services. Compliance is not that difficult. Everyone seems to want tax reform. But they don’t want it to apply to them.

And did I mention that this was a tax cut?

The governor and the Legislature promised further study and a special session to enact tax reform. Can they deliver on this?

Pignanelli: Pushing the issue out for another six months extends pain for decision-makers. But the advantage is the opportunity to educate and recruit supporters for a resolution.

Webb: Here’s what’s worse than the pain of fair and proper tax reform: Lacking enough tax revenue in the near future to pay for the basic services of state government like education, prisons, Medicaid and law enforcement. They’d better deliver.

Will sales tax expansion be an issue in the 2020 elections?

Pignanelli: Any meritorious tax reform has consequences of implementation. Therefore, the political ramifications are directly correlated with perception and messaging.

Candidates for governor and other state offices may view this controversy as an opportunity and become voices of opposition. Gov. Norman Bangerter only survived re-election in 1988 by strong messaging explaining his tax increases. But in 1968 there was a major shift in the Legislature because such communications were absent. The delay allows current officials valuable time to strategize.

Webb: If done right and communicated effectively, reforming and cutting taxes can be a net positive for lawmakers facing re-election. Certainly, the whiners will whine. But, did I mention this is going to be a tax cut — not a tax increase? The tax burden might be distributed differently, but it will be reduced. A nice tax cut — and modernizing Utah’s tax system to make it fairer and to protect education and essential state services for the long term — isn’t a bad re-election platform.

Pignanelli and Webb: How the tug of war between branches and levels of government affects Utah

Our country’s founders provided a Constitution designed to protect against tyranny by providing checks and balances — dividing power among branches and levels of government. The rivalries among executive, legislative and judicial branches, and also between state and federal levels, continue to foster emotional debate. Utah politicos are in the middle of these ongoing disputes.

After signing legislation to prevent a government shutdown, President Donald Trump declared a national emergency diverting congressionally appropriated monies to build a border wall. His actions are challenged as unconstitutional overreach. How should Utah politicians respond?

Pignanelli: "Trump signed what Congress passed … then said he would do all this other stuff. That is monarchical and against the spirit of the Constitution." — JonahGoldberg, National Review

Presidential executive orders should be like abstinence from alcohol — rare and only for the most compelling of reasons. That so many of our current problems are a result of such decrees and other transfers of power voluntarily made by Congress demonstrates the wisdom of a Constitution suspicious of executive power.

Candidate Trump was legitimately critical of too many orders issued by his predecessors. As president, he is breaking records exercising such prerogatives. The disregard for a congressional decision on spending, along with public statements admitting the emergency was dubious, leaves no wiggle room for those who proclaim adherence to fundamental constitutional principles. Regardless of their position on constructing the wall, Utah politicians should support an aggressive full-throated bipartisan challenge to this executive action and reverse a decades long trend. Hopefully it will begin the longer process of clawing back the authority to the legislative branch.

The 1952 executive action by my hero President Harry S. Truman to nationalize the steel mills was thwarted by the U.S. Supreme Court with the rationale the president is empowered to execute laws, not to act as a lawmaker. Later at a party held by the author of this landmark opinion, Justice Hugo Black, Truman stated “Hugo, I don't much care for your law, but, by golly, this bourbon is good."

Webb: In the absence of congressional action, every president acts unilaterally — sometimes improperly. President Barack Obama was jerked back by the Supreme Court on numerous occasions. His administration lost more frequently at the high court than any administration in recent history.

The real reason for presidential overreach is an ineffectual, impotent Congress. If Congress can’t solve the nation’s problems, the president, especially one as impulsive as Trump, will surely jump in.

Utah members of Congress should respond to this presidential power play by passing comprehensive immigration reform that protects the border and reduces illegal immigration, deals sensibly with those seeking asylum, and creates greater opportunity for prudent, well-managed legal immigration.

A Congress that actually functions can easily thwart presidential excess.

Utah leaders often suggest constitutional reforms to restore a proper balance in the federal system. One approach is a legislative resolution calling for a convention of the states to amend the constitution as allowed by Article V. Sen. Evan Vickers and Rep. Merrill Nelson are offering that resolution (SJR 9) this session. Former bank executive David Hemingway and Congressman Rob Bishop are proposing the “Re-empowerment of the States Amendment,” allowing two-thirds of states to repeal a presidential executive order or an administrative regulation. Do any of these proposals have a chance to succeed?

Pignanelli: Many right- and left-wing organizations despise these efforts — signaling there must be something to justify them. A national conversation to mandate a balanced federal budget is necessary and can only be productive. If we have to live with ever-increasing executive orders and administrative regulations, then the process of allowing states to push back is an imperative. This has become especially evident on recent proclamations regarding immigration.

Webb: The founders clearly intended states to have co-equal status with the federal government — and to resist federal encroachment. But over many decades states have lost most tools allowing them to push back against the national government.

Restoring some state clout, such as allowing a supermajority of states to overturn a federal law or regulation, would be a worthy purpose to hold a convention of states. Any real solution must be structural.

Legislators ought to enthusiastically support SJR 9 and not listen to the fear-mongering conspiracy theorists who damage the cause of conservatism by mistrusting state leaders.

Federalism and state powers have long been a messaging point for Republicans, but is this changing?

Pignanelli: Liberal state leaders, frustrated with Washington, D.C., antics, are learning the benefits of federalism. Transformations are underway.

Webb: Sensible Democrats ought to realize that concentrating all power at the federal level is a danger to their liberal ideals — and also results in more government gridlock and dysfunction.

Federalizing everything means that when a conservative president and conservative Congress take over, liberal states aren’t able to create the progressive utopia of their dreams. States ought to be free from much of federal control so they can be socialist or capitalist, libertine or orthodox — as they wish — and see which works out better.

Firm Associate Renae Cowley published on the Daily Caller

Please click here to see Renae’s article the Daily Caller published.

It's here... 2019 General Legislative Session

January marks the beginning of the Foxley & Pignanelli hibernation season. However, we will not be enjoying a seasonal slumber tucked away from the world but rather painting our faces blue, dressing in (professional) armor, and enclosed in the Utah State Capitol fighting the good fights on behalf of our local and national clients.

This is a friendly reminder that 2019 General Legislative Session commences on January 28th and will end March 14th. Doug is closing down his Delta account, Frank is stocking up on coffee, Renae is setting up Skype accounts for her horses, Aimee is holding down the office, Machi is searching for the best scuba locations in March, and the our session intern Romm Jackson is wondering what he got himself into.

During this period the majority of our time will be spent at the state capitol and the best way to reach us will be through our personal cell numbers which are listed below, though we will check our office voicemail as often as possible.

Please do not hesitate to reach out to any of us for any matter.


Here are several links that are great resources pertaining to the legislative session:
 

View or search bills

Who are my legislators?

Legislative calendar   

Utah House of Representatives roster

Utah Senate roster

There are also some important dates during the legislative process that we wanted to make you aware of: 

Jan 28th First day of the annual General Session

Jan 31st Last day for a legislator to designate priority bill requests

Feb 7th Last day to approve bills for numbering without floor approval

Mar 14th Last day of session

April 3rd Last day for governor to sign or veto bills

Douglas Foxley

Doug@fputah.com 801-556-1940

Frank Pignanelli

Frank@fputah.com 801-558-3826

Renae Cowley

Renae@fputah.com 801-529-3209

Machi Johnson

Machi@fputah.com 801-687-6425

Session intern: Romm Jackson

Romm@fputah.com 801-330-7358