May 28
Conflict of Interest — 100%
2007 at 12:01 am | posted by Rep. Craig Frank 1 comment
Yesterday’s expose on legislative “conflict of interest” by Bob Bernick of the D-News was fascinating—however, possibly distorted. Some readers of the article felt the “analysis” done by the Deseret Morning News team left much to be desired. “Subjective analysis riddled with inaccuracies was the inevitable downfall of this potentially scathing commentary,” they said.
Utilizing the broad-brush analytical approach, as delineated in the article, Bob and his crack team of statistical detectives should have scored me at 100% (right up there with Buxton and Wimmer). The inclusive criteria: “bills that appeared to create a conflict of interest, according to a computer assisted analysis…” (Bold type added for emphasis.) Wow, did he really slip that in there?! How intuitively mechanistic!
In an effort to establish total disclosure and transparency for my constituency, I feel a compelling desire to briefly discuss the bills I ran and my M.O. (Modi Operandi, pl.) behind each. Important to note, is the fact that a “conflict of interest” should be declared if it has a positive OR negative effect on the Sponsor of the legislation, spouse, child, distant relative, etc. (Bob, points this out in his article).
Here’s my bills:
HB37 Cigarette and Tobacco Tax and License Amendments. Even though I ran this bill for the Utah State Tax Commission to clarify a statute regarding Internet Sales of Tobacco products, I do have a potential conflict.
Conflict: Some of the second-hand smoke I’ve received over the years has potentially come from non-taxed internet-purchased tobacco products.
HB82 (1st Substitute) Driving By Minors Amendments. This bill was a conglomeration of constituent requests as it related to new drivers.
Conflict: I, too, have teenage drivers…and I’d like my 16 year old driver to be able to drive home with a “safety buddy” at night from a school or church activity (which is currently against the law). Shame on me for wanting to protect my children…even my teenagers.
[NOTE: AAA doesn’t want your 16 year old son or daughter to have a “safety buddy” with them while they travel home at night from school or church related activities—just ask Rolayne Fairclough, their lobbyist.)
HB98 County Option Sales and Use Tax for Highways, Fixed Guideways, or Systems of Public Transit Amendments. This bill allows for the reallocation of Sales Tax dollars normally “earmarked” for state roads of regional significance to non-state roads of regional significance. This law gives more local authority to the people who understand the real needs for local road projects.
Potential Conflict: Even though this bill has statewide application, there is a little strip of road (well…it’s currently “dirt in litigation”) between Pleasant Grove and American Fork we need to expand from 3 lanes to 5 lanes for I-15 reconstruction by-pass. I (and a number of others) thought the people in the northeastern portion of Utah County would like to get to and from work on time and to the AF Hospital before the patient bleeds to death in a timely manner. I might even drive on the road myself sometimes. And, if I do, I want you all to know I’ll feel guilty each and every time.
HB165 (1st Substitute) School Fee Amendments. This bill shifts the payment of academically related mandatory annual classroom fees in our secondary public schools, from the local cashier’s payment window at the Junior High or High School back to the Personal Income Tax base (where we pay for nearly all other in-class instructional expenses related to public education).
Potential Conflict: As a taxpayer I’d like to amortize the payments of these $600-$1000 financial “hits” every year over the next…well…my working lifetime. And, in my discussions with the good parents of Jr. High and High School students…they would too.
HB200 Standardizing Documents Filed with County Recorder. This bill standardizes the format of papers filed with the County Recorders’ offices.
Conflict: I use 8 ½” x 11” paper in my business.
HB388 Motor and Special Fuel Tax Amendments. This bill removes a double tax on fuel when it has to be re-refined when it is accidentally mixed with other non-compatible fuel.
Potential Conflict: I currently own three cars, a gas-powered lawn mower, and a motorized weed-whacker…and maybe some day I’ll buy a chain saw…or a hydraulic log-splitter.
HB453 Amendments to Driving Under the Influence Provisions. This bill would have increased the penalty provisions for first time DUI offenders.
Conflict: I shouldn’t say anything about this bill without my attorney present.
In Summary So there you have it. My conflicts. Indicting, wasn’t it? You’ll notice I didn’t run any industry specific bills…frankly, my business is unregulated and…boring.I’m not sure which bills the D-News used to expose me (Ranking: tied for 59th place at 14%) and my legislative colleagues. They neglected to disclose in the article (and its supporting documentation) which bills specifically gave them heartburn—musta been a big secret!
It’s true–all part-time legislators have conflicts. And, it’s true that some legislators declare their conflicts in more detail than others. If the constituents of a specific Legislative District have a concern with how their Representative or Senator is disclosing that information to the public, they can tell them next time at the Ballot Box!
Oh, one more thing. Representative Republics have checks and balances built into the system. No legislator can pass a bill out of the House or the Senate without the assistance of the majority of both bodies—38 in the House and 15 in the Senate. Oh, and the Governor’s signature, too. Don’t think anyone makes an “end-run” around their colleagues without being noticed.
Rep Craig Frank’s 2007 “Conflict of Interest” disclosure form. Click HERE.
Recently released to the public was a report by the Utah Legislative Auditor General. The report, Number 2007-07, titled “A Review of the Public Education Costs of Undocumented Children,” explores the impact on state expenditures related to publically educating illegal students in grades K-12. The Legislative Auditor General estimates costs associated with the education of between 10,714 and 16,667 undocumented children to be between $54.9 million and $85.4 million (attributed to State & Local tax dollars exclusively). Click
President John Valentine, of the Utah State Senate, gives an accounting to the people of how the non-taxpayer funded Senate Site was created and how the blog site is used to help keep the citizens of the Great State of Utah informed. Ric Cantrell, the President’s chief staffer, was wrongly accused of utilizing taxpayers “time” to administer the Senate’s unofficial blog site.
Monday, a summit of sorts between two of the most politically popular governors in all the western states will take place in Salt Lake City. Gov. Arnold Schwarzenegger (R-CA) and Gov. Jon Huntsman, Jr. (R-UT), will clasp hands to create a partnership to substantially reduce greenhouse gas emissions in the western states. (What happens if one of the six states invited to participate doesn’t want to get involved?…never mind…) The agreement called the Western Regional Climate Action Initiative (WRCAI), is designed to sell bureaucratically brokered “Emission Credits” to businesses… Hey, wait just a doggone minute, wasn’t this former Democrat, Vice President Al Gore’s idea (Father of the Carbon Credit)? Sure sounds like it.
In his blog yesterday, Rep. Steve Urquhart (R-St.George), Chief Sponsor of the Voucher Bill (HB148), further discusses items related to VOUCHERMANIA–the post “Let Them Eat School Lunch.” Click 