Keeping House

by Representative Kraig Powell

March 3, 2009

Two years ago, the Deseret News wrote that the Utah Legislature would enact meaningful ethics reform as soon as pigs start to fly. This past week, there have been reported sightings of pink animals taxiing on the runways of the Capitol.

In this column, I would like to give a progress report on bills currently moving through the Utah Legislature relating to legislative ethics.

Due to a number of incidents and reports over the past year or two, there has been great pressure for the Legislature to pass laws tightening ethical standards, especially with regard to contributions and gifts to legislators from lobbyists and special interest groups. To the surprise of many, it looks like a number of significant ethics measures will pass the House and Senate and be signed by the Governor this month.

Revolving Door Restrictions (H.B. 345): This bill will prohibit a former legislator or former elected member of the executive branch from engaging in professional lobbying for one full year after leaving office. The purpose of the bill is to minimize any improper influence that a former office holder may over his or her colleagues who are still in office.

The bill has passed in the House Ethics Committee and on the House floor. It is now pending in the Senate, where leaders have said they will support it.

Timely Reporting of Campaign Contributions (H.B. 346): This bill requires all candidates (incumbents and challengers) to report all campaign contributions on the Lieutenant Governor’s financial disclosure web site within five days of cashing a contribution check or receiving a cash contribution.

The purpose of the bill is to make the contribution process more transparent by allowing the public to see which individuals and groups are donating to which candidates as quickly as possible. This bill has also passed the House and is waiting for action in the Senate.

Use of Campaign Funds by Departing Candidates and Office Holders (S.B. 162): This bill prohibits a state executive or legislative office holder, and also a candidate for such an office, from spending any donated campaign funds for personal use after the candidate or office holder leaves office or loses an election. This bill has passed the Senate and is now on the House floor.

Many departing legislators have been criticized in recent years for taking their remaining campaign “war chest” with them and spending it any way they please. Utah law currently contains no prohibitions on such use. This bill would require that the remaining funds be donated to charity or to a political party or another political candidate.

My position on this issue is that while I fully support this proposal, I think it is just as important to place restrictions on the use of campaign funds by current office holders, not just those who have been defeated or who are retiring. Present law contains no restrictions on the use of campaign funds for those currently in office.

Gift and Meal Disclosure Requirements (S.B. 156): This bill lowers the value of lobbyist gifts that must be reported from $50 to $10. Also, the bill requires that tickets to sporting or entertainment events must be reported regardless of the dollar value.

As for meals provided to lawmakers, the bill requires reporting of any meal over $25 in value (the figure under current law is $50). The bill does not contain any prohibition on receiving gifts, but simply changes the circumstances under which disclosure is required.

The four bills described above are those that have the backing of legislative leaders and are most likely to be enacted. Other significant proposals in pending bills are a required ethics training course for legislators each year and an outright ban on receiving gifts.

Because I believe that legislative ethics is one of the most important issues this year, I support all of the above proposals. I have introduced my own bill to place a limit on campaign contributions and prohibit personal use of campaign funds by current office holders. There is little support for my bill and it looks like it will not even get a hearing this session.

I think the best sort of ethics reform is voluntary in nature. As many of you know, I do not accept any campaign contributions or gifts from lobbyists, special interest groups or corporations that lobby the Legislature, and when I do receive them, I send them back unopened and uncashed.

This year, there have already been several bills come before the House that have the backing of organizations that sent me checks. As I voted on these bills, I was grateful that I sent the checks back so that I could feel free to cast my vote without the contribution weighing on my mind. I encourage all legislators to adopt this practice of “lobbyist abstinence” so that mandatory restrictions will ultimately become unnecessary.

Please continue to contact me with your valuable input on these or other topics. My email is kraigpowell [at] utah.gov or you can call my office at 435-654-1550 and ask them to get a message to me.