For the 2016 General Legislative Session

Dear Friends and Neighbors,
I really appreciate representing the great people of this area of West Valley City. As your State Representative, I have worked hard to read the bills, speak up, and also vote on the bills, taking into account different viewpoints. This year I was again able to have several bills pass the legislature and be signed by the governor. Many of the bills I sponsored were at your request.

For 2015, I was given a 100% rating from the Utah Taxpayers Association for voting against tax increases and looking out for the taxpayers. I also received a Salt Lake Chamber 2015 Business Champion award for working to help Utah businesses grow. I worked hard this last year to make sure the legislature didn’t ignore the idea of replacing the prison in Draper, which I believe would have saved over $100 Million. I have over a dozen bills I am working on for 2016. Be involved. Public officials can't know what you are thinking if you don't tell them. The best way to contact me is to write via email, or come to one of my Town Hall Meetings.

Sincerely, Rep. Fred C. Cox
fredcox@le.utah.gov

Come meet Representative Fred Cox and ask questions at any of the following Town Hall Meetings:  All at the Hunter Library Meeting Room, 4740 West 4100 South

Thu., January 21, 2016, 7:00-8:30 p.m.
Sat., January 23, 2016, 1:00-2:30 p.m.
Sat., January 30, 2016, Noon-1:30 p.m.
Sat., February 20, 2016, 1:00-2:30 p.m.

My January 2016 survey is at:
http://www.fredcox4utah.com/Survey2016.pdf

Elections and March 22

This has two responses I sent out Nov. 23, 2015 re: the questions about elections for 2016:
_____________

When you stick a knife into a well crafted sweater, it starts to unravel. (Whether or not you liked the sweater, isn't the point).

There are several other issues.

See Robert Gerhke for a few of them.
http://www.sltrib.com/home/3219561-155/herbert-wishes-he-wouldve-vetoed-sb54


In my opinion, several decisions the Lt. Gov. has issued this week based on the advice of the AG (office) are in direct conflict with the judge's judgement, and statements from the AG in court.


Below is based on my understanding.


First,  IF a QPP must allow all 3 options (Caucus/Convention, Signature, or both) that doesn't match Fact 14 from the judgement based on #12 from the state AG.

Second, It also doesn't match the ruling that the constitution party can be a QPP as they can't do the signatures as the law currently reads with the judgment and the signature route was only declared constitutional if the unaffiliated were not allowed per the judgement if they didn't want them.

Third, based on the ruling, it is the opinion of the Lt. Gov. that the Democratic party can't have the unaffiliated as part of a primary. That violates the idea that the party gets to choose.

[The judge came back and said the ruling only effected the GOP and Constitution Parties. That raises another question. ]


Fourth, the judge made it clear that the GOP could determine membership and based on the judges judgement and list of facts, the GOP can be a QPP.

Fifth, as stated above, the QPP signature gathering numbers restrict signature gathering by some parties in some or all areas/races.

It is true that James Evans said this last week that the party wouldn't have any issue if someone gathered signatures for grassroots or other reasons, they just couldn't get on the ballot with them, they had to follow the convention threshold requirements to get on the ballot. We already have a congressional member/candidate that has announced he isn't doing signatures and he isn't alone.

If the QPP sweater has unraveled enough that only a RPP is allowed, there are other constitutional issues that were not covered before because a party had a choice between and QPP and RPP.  At least one of those items left a former Utah Supreme Court justice to say during the race to replace the former AG that it raised a strong constitution concern based on the US Constitution. Many of the flaws of the RPP/CMV option were fixed with 2015 SB 207 this year, but not all.

The bill I had drafted for 2015 that ran in both the house and senate and went to standing committees and passed a senate committee delaying implementation of a signature requirement for a QPP until 2018 wasn't "ripe" yet. It didn't pass last session. Perhaps it is time now.

Fred

PS, this is what I sent to my school district contact and the state school district contact. I thought you should know. it deals with March 22.

__________________

Count My Vote's (CMV's) biggest complaint at their press conference was the doctor or police or firefighter or parent with sick kids not being able to come to their neighborhood caucus night. The SCC passed the same day ballot system to help with that. 



While the Utah GOP meetings had well in excess of 115,000 attendees in 2012, it is likely that the attendance in 2016  will exceed that. It should. So should the Democratic party attendees which is likely to also exceed tens of thousands.

The fact is that our POTUS is nominated by national delegates elected by state delegates as it was in 2008, 2012 and will be in 2016. CMV did do nothing to change that, and the 2014 SB 54 as fixed by 2015 SB 207 did not effect the US President races re: the delegate system.



In Utah, the first round of voting, the delegates votes are bound, the other rounds they are not. In the past the first round vote was decided by the June Primary. It is too late for the parties this year and so the decision was made by the parties to decide their nominee in March at or around their neighborhood caucus meeting. The GOP typically has a winner take all system for their delegates. Not so this year if the top votegetter doesn't get a majority. The GOP will have some online POTUS preference voting available, but the precinct leaders and delegates will be chosen that night.



It is my opinion, any school concert, sports event or fencing class on March 22 2016 is a disservice to the citizens of this state, nation and world, as that will be where we really decide who our POTUS will be.



Not only will the state delegates that pick the national delegates be voted on, but the POTUS nominee preference vote will be that night as well. There will likely be a push from POTUS candidates to get their base to the neighborhood caucus night on March 22nd. 

On Saturday, at the GOP State central committee the two districts that were mentioned to complain to the Governor about was [...]. It has been known since last March 2015 that the POTUS nomination would not be decided in June but in March. The 22nd. (some online voting for the POTUS nomination will occur)

In the case of Salt Lake County GOP, the Vice Chair of the party also provided the specific request for the schools on March 22 within the first week of school this year. As far as I know, none of the High Schools came back as available.  That is rubbish. There shouldn't be anything else happening that night. I worked hard to get both of the major parties on the same day.

I will bring this up on Dec. 7th at the state school district meeting. It is my hope that this is solved this week and we don't have to wait until then.

We still are getting some districts around the state that are reportedly taking advantage of the parties, according to state law, re: the cost and availability of getting the schools for the neighborhood caucus night.

Several legislators have been contacted to open bill files to amend the law to be more clear. The Governor is on board to talk to the state school board. Depending on what the districts do the next couple of weeks, that may not be required.

Since much of the budget for the 2016 session will be decided by Dec. 16 of this year, if the schools want part of the $3 Million of savings we have for not having a special US presidential election, to help with the funding of the neighborhood caucus night, they would have to show they were actually helping instead of hurting. The schools promote that they are community centers. They should act like it.

Fred C. Cox
House 30
West Valley City, UT 84120

List of Legislators endorsing Jackie Biskupski for Mayor

For many legislators supporting Jackie, See this Op-Ed:

http://www.sltrib.com/opinion/3092343-155/op-ed-biskupski-will-fight-for-not

I didn't work with former Rep Becker as a Representative, but did as an architect. I have worked some with Mayor Becker as an architect and also a Representative. He has strengths and weaknesses like everyone.

In 2011, I worked with Rep. Jackie Biskupski on the House Judiciary Committee. When I needed help to kill a bill also sponsored by a Republican freshman, but which was really being run for our current Republican AG to further amend our 4th Amendment Rights I had sworn to defend, Rep. Biskupski was there. She helped this new conservative legislator kill the bill repeatedly in committee, despite a full court press by our AG. She won my thanks and my respect. She didn't stop there. She helped me many times that year. Any contact or help I have needed since, she has treated me with respect and help, even when we didn't agree.

While not on the above list, add Rep. Fred C. Cox as someone that supports Jackie for Mayor for Salt Lake City. She is deliberate but fair and she will make a great Mayor. 

Rep. Fred C. Cox, former and current member of the Utah House of Representatives.

Utah Access Plus Medicaid Expansion Proposal

[Update: Utah Access+ couldn't get enough votes to move forward.

Lets see, the Utah House GOP earlier this year was willing to invest $30 Million for Utah Cares, coupled with a 70/30 split would be $100 Million total to help the poor adults with health care. The kids are already eligible. That wasn't enough.

The Governor wanted Healthy Utah where the state would need $80 Million with the 90/10 split, but the $80 Million wasn't funded.

UtahAccess+ funds the $80 Million with the $30 Million from the state and $50 million from the health care providers, as new taxes and fees. What killed UtahAccess+, or likely did, was Greg Bell saying the Hospitals, who would make tens if not hundreds of millions a year on either Healthy Utah or Utah Access+, didn't want it if there was no cap other than the 6%.

They were willing to pay $25 Million total and if it was more, they weren't.

So, go back to Utah Cares, there are the votes and the funding for it. It covers those that can't make money because they need health care and more. 


[Original Post] 

Should Utah do something? Yes. The Federal Government, in the attempt to make sure everyone can have medical insurance has made it worse. What we should do re: Medicaid expansion is what we do in other areas where people need help. 

We should provide short term aid and work to provide a long term solution. Prove caps on time and money. Do not take away individual responsibility. This isn't Medicare, something that everyone retiring has to deal with. This is Medicaid, something that was designed for those that can't afford other options. ObamaCare trying to make more people fall into that category isn't the answer.

Don't Expand Medicaid in Utah. Do care, Do provide short term aid and work to solve the long term solution.

The Utah Access+ bill isn't final, but what is being proposed at this time is covered in the following documents:

http://www.fredcox4utah.com/UtahAccess1.pdf


http://www.fredcox4utah.com/UtahAccess2.pdf

http://www.fredcox4utah.com/UtahAccess3.pdf

A almost Draft Bill for Utah Access+ is at:
http://le.utah.gov/documents/medicaidExpansion.pdf



Earlier this year I voted for a proposal called Utah Cares. A copy of that bill is here:

http://le.utah.gov/~2015/bills/static/HB0446.html

The Cost to the State Taxpayers would eventually be approx. $30 Million per year.
We have people that can't work because they need health care and don't make enough money to qualify for help. Those are the ones we need to focus on and encourage people to make more money, not less. 

The other main proposal was called Healthy Utah.
http://le.utah.gov/~2015/bills/static/SB0164.html


The cost to the State Taxpayers for Healthy Utah would eventually be approx. $80 Million per year, would have no cap for budgeting, would cover people not in the "Coverage Gap", and would expand medicare to 138% of poverty level.

Currently on Medicaid or Chip, children are covered, as are adults with children under 50% are covered and approved disabled adults under 100%.

The largest healthcare coverage gap are for
adults that are not disabled under 100% of poverty and
adults with children between 50% and 100% of poverty. (The Children are covered)

Adults over 100% of poverty, but under 400%  qualify for subsidy plans through ObamaCare.

The only reason to expand Medicaid to 138% is so the state will get a 90/10 Federal/State split on the cost of the expansion population medical costs vs the 70/30 Federal/State split we currently pay and will continue to pay for the non expansion population medical costs. The 90/10 Split would allow Utah to provide coverage for more people using more Federal dollars.

Healthy Utah crossed the 100% of poverty line and would have moved those between 100% and 138% to Medicaid. Utah Access+ does the same thing. The biggest difference is the cost.

Utah Access+ uses about $30 Million in State money, similar to Utah Cares, but adds approx. $50 Million in new taxes to the Medical field. Many of those with the new taxes would benefit from the new federal money but not all.

I oppose the new $50 Million in taxes. I oppose expanding Medicaid to 138% of poverty.

Federally, we can revise solve many of the healthcare problems without ObamaCare. Expanding Medicaid under ObamaCare is the wrong direction.

We can help people that can't work because they need health care and don't make enough money to qualify for help, without expanding Medicare. I am working to move the discussion back to Utah Cares and that focus. A step, not as big as some want, but a step none the less is the correct approach.

To take the stand that it is all or nothing that the Governor did with Healthy Utah and now Utah Access+ with the $50 Million in new taxes and fees is just wrong.

Town Hall Meetings

Come meet Representative Fred Cox and ask questions at:
Town Hall Meeting, Tue., August 25, 2015, 7:00-8:30 p.m.
Town Hall Meeting, Thu., August 27, 2015, 7:00-8:30 p.m.
Town Hall Meeting, Sat., August 29, 2015, 12:00-2:00 p.m.
All at the Hunter Library Meeting Room, 4740 West 4100 South 

I really appreciate representing the great people of this area of West Valley City. I have worked hard to read the bills, speak up, and also vote on the bills, taking into account different viewpoints. I was able to have bills pass the legislature and signed by the governor. Many of the bills I sponsored were at your request.

For 2015, I was given a 100% rating from the Utah Taxpayers Association for voting against tax increases and looking out for the taxpayers. I also received a Salt Lake Chamber 2015 Business Champion award for working to help business grow.

I have worked hard recently to make sure the legislature doesn’t ignore the idea of keeping the prison in Draper, which I believe would save over $100 Million or more.

 

About Fred: Fred serves as a member of the Utah State House of Representatives for 2015 and 2016 representing almost 1/3 of West Valley City residents. He also served in the House for 2011 and 2012.  A Utah native, and a lifelong resident of Salt Lake County, Fred graduated from Highland High School, studied at the University of Utah, graduating from what is now called Salt Lake Community College in Architectural Technology. A licensed Utah Architect, Fred started his own architectural firm in 1996, working and living in West Valley City. Fred and his wife Aleta have lived in West Valley City for over 28 years.

 

Utah Prison moving it or not to Salt Lake City

My response to recent emails:

PRADA and the PRC were not tasked with studying rebuilding the prison at Draper. While I was not in the appropriation meetings referred to a few years ago in a response to your email, I have been at all public PRC meeting this year, and attended the public meetings at the 3 communities, and I have reviewed studies that are public and requested and recently obtained other studies that have not been posted such as the Geotechnical and Utilities Reports.

While there was one report from the outside consultants recently re: building at Draper, I personally spoke to the consultant and he was not able to defend,  in my opinion, his claim that the prison would be more costly or could not be rebuilt safely at the Draper site. That is his opinion. His big concern was doing construction work inside the fence and not outside the fence. The State is expanding Gunnison Prison right now, but constructing it outside the security fence.

There is enough room to rebuild the current main men's facilities (South Point) and the new core area for a prison at Draper in the vacant land, "outside the fence". Construction traffic can come from the north, not impacting the current security gate systems. South Point can then be torn down and the rest of the prison can be rebuilt on site. The power lines could be moved onsite for $10 Million if we need to, based on estimates sent to me from RMP.

Phasing could run from $5 Million per year (local contractor number) to $17 Million per year, (PRC number). Depending on how it is phased, at least one year of extension of time would be required. Based on the proposal to use surcharging at the SLC site, it would not take more time to rebuild at Draper, in my opinion. Even not surcharging the SLC site, the time to build roads and utilities could be less at Draper as they are already on site. We don't have to spend the $150 Million just to get and use the site if we use Draper.

At Draper, we could phase it over a much longer time period, reportedly saving $Hundreds of Millions, but if we are going to build a brand new prison somewhere now, it is my opinion it can be at Draper, and I believe at a savings around $100 Million, and be closer to current employees and not be further from current volunteers.

There is some savings for other travel/transportation costs of the SLC site over Draper, but those two locations, Draper and SLC, are the least costly long term to have a prison at than the other 3 locations, according to the reports provided the PRC.

For the SLC site, the consultants geotechnical firm's "not for construction, preliminary" but lengthy report suggests 1 to 2 years of surcharging the site to remove excess water and to compress the site and then to remove part of that earthwork to allow the site to rebound. If the state does follow that suggestion, along with the piers recommended, their estimate is $60 Million and 18 months for that work.

Re: the Ground at SLC site, Do I believe the prison could be built at the SLC site with less costly methods than those suggested? I do. Do I think the geotechnical solutions will be more costly than budgeted, I don't. I am not a Geotechnical Engineer, but as an architect I have been reviewing geotechnical reports regularly for over 20 years and I am working on resolving any concerns I have with the site with a different geotechnical engineer that has the most experience, in my opinion, of any in the state and especially in that specific area.  It is likely the same engineer that other agencies of the state are asking questions about the site.

The water and sewer costs at the SLC site vary greatly depending of if the those utilities are obtained from Magna or SLC. Water is cheaper one place and sewer is cheaper the other. This item could effect the cost to construct a prison at SLC by [ ...] millions, either way.

Again, I am not an expert on prisons. I served as a volunteer at the Draper Prison for 2 years. many years ago I worked on the construction drawings for the Gunnison Prison, including the site and floor plans and also the site and other drawings for Oxbow in South Salt Lake, plus site master plans for several proposed prison locations around the county, while working for a local firm. I have spent 30 years designing sites for commercial shopping centers and other commercial sites. Utah has 680 acres at Draper and we could design that location to free up land for Draper to get additional prime commercial property, creating a win-win.

Do I believe it makes sense policy wise to move the prison from Draper? I do not.

If you are going to spend, what I believe to be $100 Million of more money to move the prison, the SLC site location makes the most sense long term for the state based on transportation and other ongoing costs. I don't believe the site there will stay vacant for very long. The Agricultural zoning will likely be changed to manufacturing and high tech firms will move there, near the airport. Will they also move to Draper, over time, likely.

Good questions.

Fred C. Cox,
Rep. House 30

August 2015 Town Hall Meetings

Come meet Representative Fred Cox and ask questions at:

Town Hall Meeting, Tue., August 25, 2015, 7:00-8:30 p.m.

Town Hall Meeting, Thu., August 27, 2015, 7:00-8:30 p.m.

Town Hall Meeting, Sat., August 29, 2015, 12:00-2:00 p.m.

All at the Hunter Library Meeting Room, 4740 West 4100 South

Melvin Nimer Utah GOP Treasurer

Mel Nimer is someone I trust that has the knowledge, experience and ideas to tackle keeping track of and protecting the Utah Republican Party funds.

Moving the Prison for money does not pencil out

Basically, the $95 Million in taxes that are expected to be generated each year from a fully developed Commercial Draper site will Not be used to pay back the cost of moving the prison as it is likely the development would be commercial office and not retail, so the taxes would be Property Taxes benefiting the city and the local school district and Income Taxes, that benefit education.

the $1.8 Billion economic effect per year is similar to GDP per year where Utah is doing almost $150 Billion currently (so a small percentage wise) and Utah can now grow more than that in a year now not over the 10 years or 20 years it would take to hit that level after someone invests a $1 Billion of private money at Draper. Several have argued that 700 Acres couldn't generate 1/10th of our GDP. The good news it can't and won't, (closer to 1%) but it isn't claimed that it will. 

Replace the infirmary at Draper. And the Wasatch cell blocks. The U shaped annex to the South East and the Reception and Orientation building to the north east. Put the new buildings north east of the main complex. Maintain what you have at Draper and you save hundreds of millions. Talk to the staff that work at Draper. We are already building a new Pod of cells at Gunnison. The new reform passed this year will help. Don't move the Draper Prison.

Even if you do decide to replace the Draper Prison all at once now, not moving it will save the property land cost, moving costs, and the utility and infrastructure costs. Moving will not benefit the inmates, the staff, the volunteers, the visitors or the taxpayers.

Who is left? The City of Draper, the local school district, the owners of the proposed properties, and the developers. 

Well, based on the list of who benefits, Keeping it in Draper should be the decision.

Update: Both numbers could be higher or lower depending on what is done with the property if it is sold to the private sector.

One piece not covered is if retail sales are much of the tax revenue the state received, from the 680 acre site, that would come back as sales tax which would help the general fund which is where the money to rebuild a prison would come from.

If however much of the tax revenue came from income taxes or property taxes, (typical of a high end office complex) that would not repay the general fund.


The other point not mentioned is the Value Added (GDP) for Utah is currently between $140 Billion and $150 Billion. The $1.8 Billion proposed, eventually in 2029 is a number we can and have hit in one year statewide, not 10 years.

Certainly Draper City can benefit from increased property taxes if the prison moves.

I look forward to the additional numbers on Thursday, and the additional geotechnical reports coming in the next few weeks.

How to Keep the Prison in Draper Utah

The existing main men's prison area can be rebuilt north of it, and then torn down and then the rest of the complexes replaced on site and then the existing town down.

The prison can obviously be re-built new on site in just 2 phases. It will not cost more, and will likely save money. 93 percent of the voters in my area said even in January to keep the prison in Draper. They knew it would cost money. How much we keep of what is good will save more, but I believe even if we rebuilt the entire complex at Draper, the cost building new at the other sites will be more, counting wetlands, water, sewer, transportation, etc.

Back to the sketch.

The yellow line is approx. where the power lines are. The dashed line could be a proposed power line re-location. To move the lines would likely cost millions of dollars. How many millions would determine if it is worth it or not. The difference between $2 M or $20 M is a big deal.  I don't have those numbers yet. I just have confirmed it is possible. The power company has relocated lines dealing with Mountain View highway. They can do it. It isn't free.

The buildings can be built so they are not too close to or under these lines.

I have designed several buildings near and under power lines before, for example the ECI building west of I-15 at 700 S and 700 West in Woods Cross. It has transmission lines from 2 different power lines on both sides of the building. Depending on the amount of power in the lines, the distances between the lines and the buildings are different.

The other lines on the sketch shows different areas.

The NE corner near I-15 is approx. 120 acres. If we decide to replace all of the buildings as opposed just the worst ones, that 120 acres seems to be the most valuable for commercial office or retail to be eventually sold off to the private sector and developed and used to help replace part of Draper's property tax loss.  It has visibility and access off of an existing intersection at Bangerter. It can be accessed from 2 different I-15 interchanges.

The part north of Bangerter is approx. 68 acres. It could be used for a hub for transit, wetland credit,  or manufacturing, commercial or residential. It is likely not going to be used for expansion and could be sold off at any time.

Out of the approx. 680 acres there, that would leave almost 500 acres. Enough for the new prison.

The main men's prison area where Wasatch is about 50 to 60 acres.  That total section of ground in the middle of the site is about 350 acres and likely could include all the current prison rebuilt.

There is about 90 acres just south of Bangerter. It could be kept for Utah now to speed up phasing, or kept for future expansion or sold later for office or manufacturing.

The remaining 40 acres on the west, south of that would likely be kept for expansion, or used to help phasing now.

There is actually a few more acres there, but it is clear the existing main men's prison area can be rebuilt north of it, and then torn down and then the rest of the complexes replaced on site and then the existing town down, with approx. 180 acres sold and 500 acres kept now, with an option of selling 90 acres later.

However, selling land now will make it harder to re-build the prison on site 50 years from now. We need to be careful not to sell too much land.

Fred C. Cox
House District 30

Moving the Prison and the PRC vs Keep it in Draper

A recent response to someone writing me:

Thanks for writing. I understand some of the frustration, but some of it could be misplaced.

For example, I wrote/asked 3 questions at the PRC meeting at Salt Lake City, but only one was asked. A moderator tried to interpret the questions and sometimes did better than other times. Because there was not an opportunity at any of the 3 public meetings or 1 public hearing to ask questions directly or have follow up question or statements to clarify, many felt like their question was never really asked, let alone answered. Many of the answers were very good, even some I didn't agree with.

The good news is the Utah Legislature can read the questions here, as most of them were not able to be able to attend all 4 meetings. I am glad I was there.

http://le.utah.gov/asp/interim/prc.asp

At the Grantsville PRC meeting, I only asked one question. The question was given to one of the outside consultants who had no clue what the answer was, even though it was covered on page 172 in the final report and so he avoided the question. I don't think he did it to be mean.

Someone else asked the same question at Eagle Mountain. Rep. Wilson took the question head on and did a great job of answering it. Basically, the $95 Million in taxes that are expected to be generated each year from a fully developed Commercial Draper site will not be used to pay back the cost of moving the prison as it is likely the development would be commercial office and not retail, so the taxes would be Property Taxes benefiting the city and the local school district and Income Taxes, that benefit education.

Someone else did a good job in answering and pointing out the $1.8 Billion economic effect per year was similar to GDP per year where Utah is doing almost $150 Billion currently (so a small percentage wise) and Utah can now grow more than that in a year now not over the 10 years or 20 years it would take to hit that level after someone invests a $1 Billion of private money at Draper. The person asking the question had argued that 700 Acres couldn't generate 1/10th of our GDP. The good news it can't and won't, (closer to 1%) but it isn't claimed that it will.  (I understand both of those numbers are being looked at by staff).

I was impressed with some of the public questions at PRC meetings. You could tell that many had done their homework and knew the reports, etc. in many cases better than the hired consultants. Some questions were not as helpful as they seemed to target a person not an issue. Some included personal attacks. Most were civil however.

I also understand your frustration, as today I texted KSL radio two questions for the Governor and neither were read, but were combined and changed and then given to the Governor with my name.

I asked:

"From Rep. Fred Cox For the SLC location wetlands will dramatically increase the cost of that location. The other locations have water, sewer and transportation issues. Will you veto any bill to move the prison if those initial reports hold. There are hundreds of acres in Draper to begin rebuilding the prison there."

"From Rep. Fred Cox. Governor Herbert, it appears based on comments from the PRC meetings that transportation, water and sewer costs make the current Draper Prison Site the best to replace the prison. If that remains the case will you veto any bill to move the Draper Prison"

What was asked the Governor was simply if he was going to veto any move to relocate the prison. Not what I asked at all, so how do I fault the Governor for his non certain, too early to tell, answer.?

I do hope the PRC posts the audio/video/statements from the public hearing on Tuesday. I also hope the public Q&A is posted. Perhaps they are.

The first statements from the Public hearing on Tuesday that included the Salt Lake City representatives and other locations were very specific, prepared, and in my opinion, destroyed any reason to move the prison.

The PRC members are pretty smart and will have in the future clarifications and other reasons and answers to back up the non-binding decision to move the prison from the resolution last year.

Remember no one is perfect. We all have strengths and weaknesses. While the public meetings and hearing were not perfect, I know our staff spent many long hours to make them as best as they could.

Again, thank you for your passion.  I believe Rep. Wilson held his temper really well and did a good job of answering the moderated questions he got.  Even though I don't agree with him on a few issues, he has my respect, as do the other PRC members.

The couple of architects that I know that have experience in this area are more interested in designing the buildings if they win the future RFP and didn't want to be involved in this phase. I am sure that limits the choices for consultants.

Fred C. Cox
House District 30
West Valley City

Healthy Utah vs Utah Cares

Do we want to take a step that we can see what will happen or do we step off a cliff and not know if there is something there? I would rather do something than nothing, unfortunately the Governor and Senate have not agreed in the past.
 
Healthy Utah doesn't just cover the gap, as that ends at 100% of poverty level and it goes to 138%. We already have 140,000 Utahns being covered by the subsidy now, those between 100% and 400%. Not all below 100% are in the "gap". If the US Supreme Court rules against the subsidy for federal exchanges, then what? We can't under the ACA just try medicaid expansion for two years. Healthy Utah is a pilot without a parachute. Do we really want to cover people and then, in 2 years say, sorry, we were just kidding? The House does have a plan that would be sustainable, even though it isn't less money. Utah Cares isn't just a name..

The House wasn't using PCN over 100% for Utah Cares. Utah Cares leaves the already existing subsidy over 100%. Approx 140,000 Utahns are using that subsidy now. PCN was only used for part of the coverage gap which ends at 100%. Much of that gap proposed using the 30% v 70% state/fed split that is more likely to remain and doesn't require Utah to cover a large % of those that are already covered.

The 100% line is real and that the Feds won't let Healthy Utah work without crossing it which is one of the deal breakers for the House.

No idea as to what Healthy Utah will really cost is a big problem. A capped funding formula isn't a gap, it is called a budget.

What bill passed the House?
http://le.utah.gov/~2015/bills/static/HB0446.html


 

Fred Cox for Utah Republican State Central Committee

Fred Cox for Utah Republican State Central Committee

Fred C. Cox is a current member of the Utah Republican State Central Committee representing Salt Lake County and is a member of the Utah House of Representatives.

Fred is an active defender of the Neighborhood Caucus Election and Convention System, as an activist, member of the State Central Committee, and as a member of the Utah House of Representatives.

Fred worked tirelessly helping the Political Issues Committee, Protect Our Neighborhood Elections, directly challenge Count My Vote. He also created Fair Elections Utah to provide a place to broadcast critical information through social media during that fight. In addition to reducing the number of voters signing the petition in targeted areas of the state, the group filled official complaints with the Lt. Governor’s Election Office with documented examples of violations of Utah Initiative laws. It was immediately after this that Count My Vote compromised and agreed to stop gathering signatures. Fred spoke against the 2^nd Substitute 2014 SB 54 in committee less than one day after this “grand compromise” was announced.

As a member of the Republican State Central Committee, Fred was at the front standing up to the demands of Count My Vote for over a year. He is also one of the strongest supporters of creating ways to improve our current neighborhood caucus election system to allow greater participation, including same day voting by firefighters, police, health workers and families with sick children.

In 2015 Representative Fred Cox was the original sponsor of H.B. 281 Revisions to Elections Law, to effectively delay the implementation of 2014 SB 54. The bill had a committee hearing in the House with the same language being used in a Senate bill which passed committee and was voted on in the Senate chamber. Rep. Fred Cox also sponsored a substitute to attempt to block many of the critical fixes for 2014 SB 54 that appeared in 2015 SB 207, which he felt would weaken the party’s fight to protect it’s constitutional rights.

What now? The Party is currently taking a media beating over how to deal with this issue. The Republican State Central Committee will meet in a month to decide what to do. It will be this Committee and then the State Delegates in August that will decide, not the Chair or the Executive Committee. We need members on the State Central Committee who will provide positive solutions, understanding the party and the law.

Critical also will be the 2016 Utah U.S. Presidential nominee for our party that will be decided at the March 2016 neighborhood caucus elections. The details will be important as this new vote can help attract more support to our party and system or the reverse.

Starting May 12 in Utah of this year, we will be able to pre-register 16 year olds to vote who will then be fully registered when they turn 18. The Republican Party must be out in front to help these new voters understand why they want to be affiliated with our party.

Vote Fred Cox for Utah Republican State Central Committee, to represent you, Salt Lake County, to help strengthen the State Republican Party.

COMMUNITY SERVICE

• Member of the Utah House of Representatives, 2011 to 2012, 2015 to present

• Member of the Utah Republican State Central Committee 2011 to present

• Utah Republican State Delegate 2002 to 2003, 2005 to 2011, 2013, 2015 to present

• Salt Lake County Republican Bylaws Committee, 2013 to present

• Salt Lake County Republican Central Committee, 2010 to 2012, 2014 to present

• Salt Lake County Republican Precinct Chair, 2014 to 2015

• Salt Lake County Business Alliance Gov. Action Committee, Nov. 2010 to present

• AIA Utah, Gov. Affairs Committee, Jan. 2008 to Jan. 2011 and Jan. 2013 to present

• Charter member of the Valley West Rotary Club

• Campaign Volunteer and/or Consultant for local, state, federal and party candidates

• Church Based community service

CONTACT INFORMATION: fred@fredcox4utah.com, http://www.fredcox4utah.com

 

http://www.fredcox4utah.com/FredCox4UtahSCC.pdf

Petition For Extraordinary Writ

PETITION FOR EXTRAORDINARY WRIT PURSUANT TO UTAH RULE OF APPELLATE PROCEDURE 19, AND UTAH CODE 20A-7-307 (3) (a).

Notice is given that Fred C. Cox, a Utah Voter, Petitioner, petitions the Utah Supreme Court to direct Spencer J. Cox, Lt. Governor, State of Utah, Respondent, to accept the Application for an Initiative or Referendum by Stephanie Gricius and four other Sponsors, attached, for the purpose of allowing them to attempt to obtain signatures for a referendum, to submit to the voters of the 2015 Utah General Election a repeal of 2015 2^nd Sub. HB 454, now Enrolled, “Prison Development Amendments”, as allowed by the Utah Constitution, Article VI, Sec. 1, (2) (i) (B), and Utah Code, Title 20A, Section 7, Part 3.  The bill failed to obtain a two-thirds vote of both Houses.

The Sponsors attempted to submit their Application on March 27, 2015, but was refused and denied that opportunity by the Utah Lt. Governor’s Election Office, based on the deadline found in Utah Code, 20A-7-302 (1) “within five calendar days after the end of the legislative session at which the law passed.”, which this year ended March 12, 2015. By the deadline specified in Utah Code, March 17, 2015, it was not known if the Governor would sign this bill, and according to the Legislative Website, the Governor was sent the Enrolled version of the bill on that day.

The Governor signed the bill on March 25, 2015 and finished signing or vetoing any other session bills on April 1, 2015, a deadline per Utah Constitution Art. VII, Sec. 8. The effective date of the bill to become law is May 12, 2015, as the immediate effective date found in the bill did not apply without the 2/3 vote of both houses.

This Court is the court specified by Utah Code 20A-7-307 (3) (a) for an extraordinary writ to compel the Lt. Governor to accept the application for any referendum petition. Even though the Petitioner, a Utah Voter, as required by Code 20A-7-307 (3) (a), is also a current member of the Utah House of Representatives, the Petitioner is powerless to repeal or request legislation soon enough to be of help to the Application Sponsors, in this case, without a special session being called by the Governor, who signed the bill, or this Court. The Court recently ruled in a similar case involving Draper City where an extraordinary writ was issued per Utah Code  20A-7-6 (4).

The Petitioner, contends that the deadline found in Utah Code, 20A-7-302 (1) does not provide a legal voter the power vested by the Utah Constitution, Art. VI, Sec. 1, (2) (i), as in most cases the voter will not know if the bill will be signed by the Governor by that deadline. The Petitioner requests the Court to decide this matter, and asks that the deadlines be adjusted by the Court for this case, so the Sponsors can submit their Application, and also have time to obtain signatures.

Fred C. Cox, a Utah Voter, Petitioner

Note, a copy of the Petition For Extraordinary Writ was delivered to the Lt. Governor's Election office for Fred C. Cox by James Dabakis on April 3, 2015. 

[UPDATE]

The  court asked for more information on May 1, 2015.
This has my response and a motion.


SUPPLEMENTAL PLEADINGS IN RESPONSE TO COURT ORDER
DATED MAY 1, 2015
AND MOTION TO ORDER A DELAY TO THE EFFECTIVE DATE OF 2015 HB 454
PENDING THE DECISION OF THE COURT.

Fred C. Cox, a Utah Voter, Petitioner, responds to the Court Order for supplemental pleadings to the following two questions by the Court:.
1. What form of the "copy of the law" must be attached to an application for a referendum petition under Utah Code 5 20A-7-302(2)(d); and, if the term "law" is construed to mean "a bill passed by the Legislature," how does an applicant comply with that requirement if a copy of the enrolled version of the bill is not available within the five-day limit specified by Section 20A-7-302(1)?

2. What standing, if any, do voters have to challenge the denial of referenda petitions or applications for referenda petitions?

SUPPLEMENTAL PLEADINGS
Response to Court Question 1a: The Enrolled version of the bill. Under Utah Article VI Section 25 and Utah Code 36-12-12 the Legislature has the Office of Legislative Research and General Counsel prepare the “final” version of the bill after it has passed both Houses. This enrolled version of the bill is what is presented to the Governor to sign. The Governor has the option to sign the bill, veto the bill, allow the bill to become law without his signature, or provide a line item veto of the bill. This year he did all of those.

Utah Code 36-12-12 tasks the Office of Legislative Research and General Counsel to prepare the enrolled version for hundreds of bills each year leaving enough time for the Governor to receive the enrolled bill and make his decision in 10 days or at least prior to the 20 day deadline after the session found in Utah Article VII Sec. 8.  An Enrolled bill is not a law without this process. See again Utah Article VII Sec. 8. According to Legislative Research, some bills are in enrolled form within 5 days after the session but most are within 12 days. They are then sent to the House or Senate, to printing and then to the Governor.

Response to Court Question 1b. While an applicant can attempt to apply for a referendum using a different version than the enrolled version of the bill, only the enrolled version of the bill, that has become a law, prior to its effective date, meets all the requirements of 20A-7-302 and 303 and Article VI, Section 1, (2)(a)(i)(B). One of the tasks the Lt. Governor’s office is given is to evaluate the application, making sure the applicant has the proper forms, disclosures and the correct version of the law. See 20A-7-303 and 304.

Response to Court Question 2a. A Utah voter has Standing under US Constitution Amendment 1, Utah Article VI, Section 1, (1)(b) and more specifically in this case Utah Article VI, Section (2)(a)(i)(B). This Utah Constitutional Section protects the voters’ legislative power to create and veto laws, except as delegated to the House and Senate. Also providing Standing for a Utah Voter regarding the denial of referenda petitions is Utah Code 20A-7-307 (3) (a).
If the lieutenant governor refuses to accept and file any referendum petition, any voter may apply to the supreme court for an extraordinary writ to compel the lieutenant governor to do so within 10 days after the refusal.

Response to Court Question 2b. Providing Standing for a Utah Voter regarding the denial of applications for referenda petitions is again US Constitution Amendment 1, Utah Article VI, Section 1, (1)(b) and more specifically in this case Utah Article VI, Section (2)(a)(i)(B).

“require any law passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, before the law may take effect.”

Also providing Standing for a Utah Voter regarding the denial of applications for referenda petitions is Utah Code 20A-7-307 (3) (a).  In this case, the application was not allowed by statute after 5 days from the session and therefore it was the policy for the Lt. Governor’s Election Office to instruct interested parties of that deadline, including the applicants and the Petitioner. The Petitioner is a Utah Voter, and also in this last session attempted to amend the bill, which failed, and voted against it twice. There is an additional reason however any Utah Voter has standing regarding the denial of applications for referenda petitions. The applications are part of the process for referenda petitions and a Utah Voter has Standing per Utah Code 20A-7-307 (3) (a).  There is not a question that the Lt. Governor’s office was attempting to follow Utah Code. The question for the Court is if the Code follows the State Constitution. 

MOTION
Fred C. Cox, a Utah Voter, Petitioner, requests the Court Order before May 12, 2015, a delay to the effective date  of 2015 HB 454 pending the decision of the Court, and depending on that decision, include the days that would have been allowed under statute for those applying for a referendum to gather signatures, and have those signatures verified.

If the Motion is granted, the Court Order to delay the effective date, is requested that the notice be sent to both the Respondent and to the Utah Office of Legislative Research and General Counsel arriving no later than May 11, 2015. This delay of the effective date will be required by Utah Article VI, Section (2)(a)(i)(B).

“require any law passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, before the law may take effect.”

along with Utah Article VI Section 25 and Utah Code 36-12-12 . If the Court decides grant the Petition for Extraordinary Writ to allow the application for referendum for 2015 HB 454 to be submitted, the law must not take effect during the process of the referendum. Based also on the Order the Court has given the Respondent, they will have 15 days to respond to this Supplemental Pleadings and Motion. That response deadline is not before May 12, 2015.

Fred C. Cox, a Utah Voter, Petitioner    May 5, 2015,
Delivered May 6, 2015


[UPDATE 2]

The Lt. Gov/AG submitted a response to the motion part of the previous filing on May 11, 2015.
The Motion back to the Court on that day was as follows. 

MOTION TO STAY AND REQUEST FOR EMERGENCY RELIEF FOR AN ORDER TO DELAY THE EFFECTIVE DATE OF 2015 HB 454 PENDING THE DECISION OF THE COURT.

Fred C. Cox, a Utah Voter, Petitioner, responds to the Respondent with the following Motion:.
MOTION TO STAY AND REQUEST FOR EMERGENCY RELIEF
1.    The Court is already aware that the Petitioner and the Respondent differ on the Standing of the Petitioner in this case. That was one of the two main questions the Court asked. The Petitioner stands by the argument previously presented that as a voter, in this case, continues to argue he has standing.
2.    The Court also asked if the current law was flawed based on the State Constitution. The Petitioner answered the questions. The Respondent, who has not responded directly yet to the first question, still has time to respond, but that will not be soon enough to protect the Petitioner’s rights under Article VI.
3.    The Court and the Responder have copies of the Application for a Referendum that was attempted to be filed on March 27, 2015. Those sponsors were repeatedly told that they could not submit the application as was the Petitioner on that date, since the 5 days had passed since the session. Since March 27, 2015. there has been no reason stated by the Respondent as to why the Application was not able to be submitted, other that the statute timeline in question, which the Petitioner believes violates the Utah Constitution and has asked for protection of that right as a Utah Voter.
4.    The Court has wide power under the Rules of a Petition of Extraordinary Writ to protect the rights of a Utah Voter.
5.    The Rights of the Petitioner, a Utah Voter, according to Article VI include the right veto the law in question because it didn’t received the 2/3rds vote of both houses prior to the Effective Date, which is tomorrow. (Providing there are enough other Utah Voters). There is nothing in the Utah Constitution that says the Law Must have the Effective Date in 60 days, only that it can not be sooner unless the bill received the 2/3rds vote of both houses, and that it is the default of 60 days. The Petitioner belies the Court has the power to delay that date, providing the Respondent more time to answer the Court’s first question in more detail.
6.    The Petitioner therefore asks for a MOTION TO STAY AND REQUEST FOR EMERGENCY RELIEF

Fred C. Cox, Dated May 11, 2015

[Update 3]

FRED C. COX, Petitioner,

v

SPENCER J. COX, in his capacity as Lieutenant Governor of the State of Utah, Respondent.

Case No. 20150261-SC

ORDER

This matter is before the Court on a petition for extraordinary relief. The petition pertains to a contemplated referendum for the repeal of HB 454, entitled "Prison Development Amendments," enacted by the Utah Legislature during the 2015 General Session, which ended on March 12,2015. The petition asserts that a group of sponsors prepared a referendum application and that they "attempted to submit their Application on March 27, 2015, but [were] refused and denied that opportunity by the Utah [Lieutenant] Governor's Election Office, based on the [five-day] deadline found in Utah Code, 20A-7-302." The Petitioner has not identified himself as one of the prospective sponsors, and the Court has determined he lacks standing to contest any action or inaction by the Lieutenant Governor with respect to the prospective sponsors' application. Accordingly, the petition is dismissed.

7-17-15

FOR THE COURT

Matthew B. Durrant

Chief Justice

[Update 4]
4 proposed applicant sponsors then filed a similar petition with the court. The court did not rule in their favor. A copy is found at 

http://law.justia.com/cases/utah/supreme-court/2015/20150581.html

It did include this:
"A statutory amendment to clarify the manner in which referenda sponsors may satisfy the statutory requirement to attach a copy of the “law” might be appropriate, but we leave that to the judgment
of the Legislature."

The US President can not cut a deal with Iran on his own

"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;"  US Constitution Art 2, Sec. 2, Clause 2

"The Congress shall have power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" US Constitution Art. 1, Sec. 8, Clause 3

If it isn't a treaty, The US President doesn't have the power (it is Congress') and if it is a treaty, he has to get the advice and the consent of 2/3 of the senate. The President, including the Secretary of State, is outside his US Constitutional powers.

The Constitution is simple and clear. Do we have anyone in the US Senate, who would have standing, with the guts to take this to the SCOTUS?

Church Lobbyists

While I didn't follow former Representative Carl Wimmer around in 2011, and in fact voted differently than him on several bills, his blogged experiences differ widely to mine re: Church Lobbyists, etc. in 2011.

I posted this several years ago.
http://fredcox4utah.blogspot.com/2012/03/clarification-regarding-contacting-lds.html

This year, Mr. Wimmer was not involved in the legislature, and his assumptions, as far as I am concerned with 2015 SB 296 and SB 297 are nothing more than that, assumptions, and are also rubbish as far as I am aware.

I have made Facebook comments last week re: this subject. My comments from this thread are below:

https://www.facebook.com/groups/210732079060530/permalink/611492808984453/

Fred C. Cox, March 22, 2015

In 3 general sessions and several special sessions I would say my experience would not match what Carl described. No one from the Church has told me how to vote. For starters I haven't talked to the two he mentioned. I was there in 2011. I loudly complained about a newsroom press release in April 2011 re immigration which was revised in June. Nothing during the session. This year, I started reading SB 100 again for the 3rd year. I have posted major amendments on my blog for over 2 years. I was surprised my complaints were fixed. That was prior to any announcement from the church in January.

I have contacted reps from the church to verify what I was hearing was crap, which it typically was. For example some claiming Healthy Utah was backed by them. I was referred to a pretty generic statement. http://www.mormonnewsroom.org/article/church-encourages-principled-approach-health-care-coverage-needy-utahns


http://www.mormonnewsroom.org/official-statement/political-neutrality

 "Elected officials who are Latter-day Saints make their own decisions and may not necessarily be in agreement with one another or even with a publicly stated Church position. While the Church may communicate its views to them, as it may to any other elected official, it recognizes that these officials still must make their own choices based on their best judgment and with consideration of the constituencies whom they were elected to represent."

The two he named are no longer lobbyists.

I copied it not because of some lobbyist, but because of some local member of the church giving a representative or senator grief for voting against SB 296.

 I voted for SB 296 because of changes that were made to a bill I had been reading for years. The protection of rights on page 23 are huge. The idea that we need a law so people would respect others that believe differently is sad. There is a reason a few activists are concerned it might be replicated. They are so used to calling anyone that disagrees with their view a bigot that the idea we should love others that believe differently is scary to them.

If there was anyone that could have been targeted, would have it been the House Judiciary Committee? I am not aware of any report of anyone on that committee or another in the #utleg that complained about backroom arm twisting on SB 296 coming from the church.

And since I am on the house judiciary committee that vetted SB 296, I would likely have seen something.

Someone asked if there was a LDS caucus. Not that I have ever seen.

I was not following Carl around. I don't know what he saw and didn't. All anyone can report on is what they know. My experience doesn't match. I will not call him a liar. I do not agree with some of his conclusions. People have the right to disagree.

Try reading lines 687 to 691. And while you are there, continue to lines 706. http://le.utah.gov/~2015/bills/static/SB0296.html

Lines 182 and 183, along with 790 to 791.

You are trying to put words in my mouth. You conclusion based on what I did say wasn't even close. Assumptions made re: this year, are just that.

So why in 2011, when I voted against HB116 and also spoke against it did I get no contact during the session? Speculation is all that is found here.

The amount of crap being shoveled on this thread would make a lot of fertilizer.