Mar 19
Ethics Reform…Smoke and Mirrors
2009 at 5:37 pm | posted by Rep. Craig Frank 6 comments
Although I supported most of the “Ethics Reform” proposals, I didn’t support the one year moratorium on Legislators becoming contract lobbyists (link HERE) for the twelve month period following their exit from the House or the Senate. Why? For a number of reasons including this explanation from the Daily Herald Editorial Board. Link HERE for Editorial.
I’m still not convinced that such a statute would stand up to judicial scrutiny. Can you really tell someone what they can and can’t do for employment? (If that employment is reasonable and not obscene?) Currently, the framework of a democracy presupposes that a law created by a legislature and signed by the governor IS constitutional…that is until it is challenged within a lower court and potentially challenged/appealed to a higher court. Eventually, the ultimate deciderer is a Supreme Court as to whether a law stands up to constitutional scrutiny. Here’s a good example. So, there’s really no way to test my hypothesis until this law is challenged…if it’s ever challenged. The time and resources are beyond my financial capabilities. Any of my other 103 legislative colleagues up for a challenge?
Here’s a summary of “Ethics Reform” bills/statute passed by the 2009 Utah State Legislature. Link HERE.
6 Responses to “Ethics Reform…Smoke and Mirrors”
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March 20th, 2009 at 5:01 pm
“Can you really tell someone what they can and can’t do for employment?”
Do you write before you think? Ask this question to the people at DOPL.
Time, place and manner are at the heart of an orderly society and have been upheld by the courts repeatedly. To everything there is a season.
March 20th, 2009 at 11:10 pm
DoPL licenses only certain “professionals” under certain circumstances. DoPL doesn’t blanket license every occupation in the State of Utah…including lobbyists (registered under the Office of the Lt. Governor).
Time, place, and manner, in a free-market, could just as easily be “monitored” by peer or guild review. Unfortunately, government has so over-regulated our society and the marketplace that returning to these basic free-market principles would probably take an act of God…to everything there is a season, however!
March 27th, 2009 at 3:59 pm
It would be a real shame Craig if you had to wait a whole year before you could lobby for your favorite special interest Energy Solutions and get paid the big bucks for doing so.
March 27th, 2009 at 5:46 pm
John: They already have several independent lobbying companies on retainer, as well as, one of the best even-handed internal lobbyists I’ve ever met, Bette Ariel. Sometimes we forget…lobbyists are human, too. And, they represent my neighbors who work at or with ES.
Just a quick note: I was the House Floor Sponsor for the bill that banned B & C LLRW back in 2005. Also, while serving on the Hazardous Waste Policy and Taxation Task Force in 2004, I returned a contribution check that was sent to almost every sitting legislator from Envirocare. Did you know, and you’d have to check on the disclosure statements (Lt. Gov’s website) of a number of legislators, that Envirocare/EnergySolutions contributes to Democrat campaigns, also. Start with Jim Gowans from Tooele, the House Minority Whip…
Every year following the session, my colleagues from both sides of the isle, pack up our things and usually go back to our “real” jobs. A vast majority of legislators never think of becoming lobbyists…I know it’s hard to believe. I dare say, many in the legislature couldn’t afford to become lobbyists.
March 28th, 2009 at 11:34 pm
So are you saying that you would not work as a paid lobbyist for Energy Solutions when you leave the legislature if they asked you? You would certainly be a shoe-in since it appears that you are already firmly in their pocket by what you have posted this year on your blog.
You keep pointing out that there have been Democrats who have also been the recipients of some of the ES political donations. May I point out to you that none of them has published Energy Solution’s arguments for accepting foreign waste on the web and put their name on it like you have. By the way, I’m not attacking you. I am simply trying to point out how you come across to those of us who read the political blogs on a regular basis and don’t happen to share your point of view.
March 29th, 2009 at 10:03 pm
I’m not paid for my opinions…they’re completely gratis. (You’ll notice the conspicuous absence of e-commerce advertising on my blog.)
My opinions and positions about ES come as a result of several years of interest and study (I’m into engineering and business professionally), as well as, from years of rubbing shoulders with groups like, SUWA, GreenPeace and HEAL…where is Jason Groenwold anyway?!
Most legislators tend to gravitate toward issues related to their professional backgrounds (i.e. Rep. Greenwood…Cop stuff; Kory Holdaway, Rep. Black, Carol Moss, Rep. Poulson, Rep. Watkins…all education stuff; Tim Cosgrove…Social advocacy/impact stuff, etc. etc. etc.). It’s the beauty of having a citizen-legislature. We’re not professional politicians…we’re regular people…with regular jobs…thank goodness.