In our opinion: This ethics bill falls short

Published: Thursday, Feb. 19 2009 12:43 a.m. MST

If ever there was a legislative session where the need to end the revolving door was apparent, this is it. Unfortunately, a bill designed to do so, HB345, falls short.

This is the session in which three former lawmakers — Greg Curtis, Mark Walker and Mike Dmitrich — have donned lobbyist hats virtually before their seats as members of the Legislature could get cold. Curtis was speaker of the House last year. He lost a re-election bid in November. Dmitrich was Senate minority leader last year.

All three are using their recent status as lawmakers to peddle influence at the Capitol, a practice that gave rise to the term "revolving door" to describe how some would profit from their public service. In Curtis' case, he has lobbied on behalf of Philip Morris, the cigarette maker. His efforts are believed to have helped kill a possible cigarette tax hike in the Senate, despite the need for more tax revenue and despite Utah having one of the lowest cigarette taxes in the nation.

HB345, sponsored by House Majority Whip Brad Dee, R-Washington Terrace, purports to put an end to this practice, but it goes only part way. "... A former state official ... may not become a lobbyist or engage in lobbying" for one year after leaving office, it says. But then it adds an exception. It "does not apply if the former state official engages in lobbying on behalf of: (a) himself; or (b) a business with which he is associated, unless the primary activity of the business is lobbying or governmental relations."

In other words, it would prohibit state lawmakers from returning right away as a lobbyist with a host of clients. It would not, however, prohibit, say, Philip Morris from hiring a former lawmaker and using him or her to lobby right away.

The sponsor told this newspaper he didn't want to take away a former state official's ability to make a living. But, of course, Utah has a part-time Legislature. Its members already have other full-time employment. It's unlikely many of them would go homeless simply by virtue of losing an election and being unable to lobby for a year.

Utahns are still waiting for an effective ethics bill that would once and for all wean lawmakers from the revolving door. They also are waiting for an outright ban on accepting gifts from lobbyists and an end to the practice of legally pocketing campaign contributions at the end of one's term. Given how many states already have such laws, incremental steps in the right direction are not acceptable.

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