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national
Utah bill would ban use of tax dollars for partner benefits
Legislation aims to negate mayor’s executive order
Published Thursday, 09-Feb-2006 in issue 946
SALT LAKE CITY (AP) – Last fall, Salt Lake City Mayor Rocky Anderson signed an executive order extending health care benefits to the same-sex and unmarried heterosexual partners of city employees.
Anderson said his action was a step toward equality for city employees.
But a bill endorsed last week by a House committee would make Anderson’s order illegal. House Bill 327 would also prohibit any city, county or state government entity from using tax dollars to subsidize health care benefits for anyone but a narrowly defined list of dependents, including a current spouse and children who are either natural, adopted or for whom the employee is a legal guardian.
Sponsor Rep. LaVar Christensen, R-Draper, said the bill presents an opportunity for the state to set public policy, rather than let the courts establish random policies through lawsuits spawned by the policies of individual cities, counties or other public agencies.
“If we don’t act in this, are we then just abdicating our responsibility?” Christensen asked members of the House Retirement and Independent Entities Committee.
The committee voted 4-1 to support Christensen’s measure. It now goes to the full House for consideration.
Anderson’s September order, which he intended to be effective immediately, is being challenged in court and is awaiting a ruling from a 3rd District judge. At issue is whether Anderson ran afoul of Amendment 3, a 2004 ballot initiative that banned same-sex marriage or any legal equivalent recognition of marriage for same-sex couples.
Christensen said the amendment isn’t an issue in his bill. In fact, HB 327 does allow for expanded benefits, but only if the employee is willing to cover the entire cost of the insurance.
“If it’s not subsidized by public tax dollars, we’re trying to make additional options available to public employees,” he said after the meeting.
What’s unclear is if HB 327 might affect a pending action by the Salt Lake City Council to move beyond the mayor’s proposal to offer extended – and subsidized – benefits to employees who can prove an economically dependent relationship with someone. A vote on the policy is expected this week, City Council chair Dave Buhler said.
The bill “would have an impact on it potentially if it passes as it is now,” Buhler said. “But my recommendation to the council is that we go forward.”
Buhler says the council’s goal is not to levy a moral judgment.
“It’s not based on a personal relationship; it’s based on an economic relationship. It could be a partner, it could be roommates, it could be a sibling, it could be a parent,” he said.
The benefit is expected to cost the city between $140,000 and $225,000 a year, depending on how many employees sign up. That conflicts with Christensen’s bill, which would make it illegal for the city to subsidize insurance costs, Buhler said.
“Where we’re coming from is, let’s treat all of our employees fairly and not make judgments about them,” he said.
Buhler said he’s spoken to Christensen about his proposal and said he expects a continuing discussion.
“But, of course, from a city perspective, we’d rather [the Legislature] not dictate what we do with our employees,” Buhler said. “We’ll see where things go.” 
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