The Utah Legislature convenes Monday with a state budget in upheaval and reverberations over the arrest of one of the body's former leaders.
Legislators remain in shock after Senate Majority Leader Sheldon Killpack, who had spearheaded legislative ethics reforms, was arrested Jan. 15 on suspicion of driving under the influence and resigned a day later.
The demand for reform, however, remains as strong as ever, according to a new poll commissioned by The Salt Lake Tribune , with overwhelming majorities of those surveyed supporting an independent commission to deal with ethics violations and limits on campaign contributions.
Legislators hear the outcry, says House Majority Leader Kevin Garn, R-Layton, who worked closely with Killpack for months crafting a package of ethics bills.
"If [legislators] aren't getting the message, they're living under a rock," Garn said. "If you pick up a newspaper and read a poll or talk to constituents ... the message is loud and clear, and it's time for the Legislature to respond in a very positive and proactive way."
The Tribune poll, conducted Monday through Wednesday by Mason-Dixon Polling & Research Inc., also found that Utahns support tapping the state's Rainy Day Funds to balance the budget and broadly back an increase to the state's cigarette tax.
Garn said he hopes the Legislature will move quickly to pass a set of ethics bills, including a proposed constitutional amendment creating an independent ethics commission.
House Republicans unanimously endorsed the ethics package, but Senate Republicans balked and leaders were unable to gain support for any of the items.
Meantime, backers of a sweeping ethics initiative are toiling to gather the signatures to put into place a new rigorous set of ethics rules.
Dixie Huefner, spokeswoman for the group Utahns for Ethical Government, said the poll shows broad support for reform.
"This is something that the public really does want and does see the need for and it is a message to the Legislature," she said. But the Legislature's response, she said, doesn't go far enough. "I think they're somewhat cosmetic still."
A proposal to limit campaign contributions to $2,500 per year and aimed at improving public confidence in government originated with a task force appointed by former Gov. Jon Huntsman Jr.
While 78 percent of the population supports the proposal, Gov. Gary Herbert does not. He says it would mean only those who can self-fund their campaigns could afford to run for office and it would limit free speech.
"I find it hard philosophically to say ... I'm going to limit the amount of speech you can have in my behalf. I do not think that's a good way to go," said Herbert, who recently raised nearly $1 million at his annual gala, mainly from donors who gave more than $10,000 each.
Herbert said full disclosure of donors is more important. He would not say if he would sign the campaign contribution limits bill if it reaches his desk.
While ethics issues sizzle, Utah's budget crisis has simmered all year, as the state's economy staggers to regain its footing and tax revenues continue to slump.
Nearly $1 billion has been cut from the budget in the past two years, and as lawmakers convene Monday they again find themselves with a new gap of about $920 million.
Nearly half of that is the result of expiring federal stimulus money that was used to balance last year's budget. An additional $200 million stems from new demands from increased school enrollment, retirement benefits, health premiums and Medicare payments, and $280 million is due to declining tax revenue.
Legislators have tentatively mapped out the initial 5 percent cuts that could translate to the loss of hundreds of state jobs, reduced services for the poor and elderly, decreased drug and mental health treatment, and the early release of prison inmates.
The Tribune poll found that 42 percent of the public favors using the state's Rainy Day Funds -- about $520 million set aside for hard times -- to balance the budget.
But 30 percent want0 more cuts to programs and services. Just 11 percent want the Legislature to raise taxes. More than half those polled said education should not be immune from cuts.
Herbert said he believes further cuts are not necessary. His proposed budget would keep government afloat without raising taxes by spending about half of the Rainy Day Funds.
"I think their approach is a little on the extra-conservative side. I think they want to make sure we're wringing out everything we can for the taxpayers' dollars," the governor said. "I know [5 percent] is too draconian. I know that's not the direction we want to go and we don't need to.
Sen. Lyle Hillyard, co-chairman of the budget committee, said that, while the cuts may seem "ugly, and you can even say mean-spirited," lawmakers want to make sure the state is operating as efficiently as possible.
If legislators don't have the stomach for the cuts needed to balance the budget, they can look to the Rainy Day Funds or other options. Tax hikes are likely a last resort.
"I get the feeling, as I visit people out in the community ... as sad as it is to do any further cuts, [they say] that's what we need to do, because we've really suffered and we can't pay any more taxes," said Hillyard, R-Logan. "It's been tough and everybody should share in that pain."
While the public is cool to tax increases, there is overwhelming support for a cigarette tax hike -- with 70 percent supporting a proposal that would nearly triple the state cigarette tax from $6.95 per 10-pack carton to $20 per carton.
Proponents say it could motivate 12,000 smokers to quit, alleviate health costs to the state and generate $50 million in revenue.
Jim Olsen, president of the Utah Retail Merchants Association, said he's not surprised by the public support for the tobacco tax since just more than 9 percent of Utahns smoke.
"The vast majority of Utahns don't smoke or use tobacco products, so it's one of those taxes that's easy to support, because I'm not going to pay it," said Olsen. "Is this really good tax policy, to focus on a very narrow part of society that uses a legal product and to tax those people when they do?"
The federal tax on cigarettes increased 62 cents per pack last year.

