The subject of ethics dominated debate in both chambers of the Utah Legislature Thursday morning as a host of related bills cleared the House and Senate.
While House members discussed SJR3, which sets up the state's first independent ethics commission, senators debated HJR15, the constitutional amendment that would enshrine the new panel and its procedures into the state's highest law. That amendment will appear on November's ballot, likely alongside a broad citizens initiative aimed at installing a different independent ethics commission and a strict code of legislative conduct.
While HJR15's Senate sponsor, Orem Republican John Valentine, argued that the constitution gives the Legislature sole and full power to police the behavior of its members, Sen. Ross Romero, D-Salt Lake City, voiced concerns about infringing on the people's right to initiate legislation.
Romero, minority whip in the Senate, unsuccessfully tried to amend HJR15 to allow the new ethics process to be altered through citizens initiatives and referendums.
"It's already in the constitution that citizens have this right and privilege," Romero said, calling that aspect of HJR15 "suspect" because it would bolster the argument that the pending initiative backed by Utahns for Ethical Government (UEG) could get tossed out of court as unconstitutional.
HJR15 cleared the Senate in a 25-4 vote.
In the House, Rep. Sheryl Allen, R-Bountiful, failed in her attempt to amend SJR3 to lower the bar for two citizens to file a complaint against a sitting lawmaker. The resolution requires that one of the two must have firsthand knowledge of the alleged violation.
Allen proposed requiring both citizens to have "reasonably credible information."
Several lawmakers bristled at Allen's suggestion.
"This has the potential in my mind to undermine representative government," said Rep. Kevin Garn, R-Layton. "Can you imagine the political weapon this would be in elections?"
Rep. Greg Hughes, R-Draper -- the target of an ethics complaint in October 2008 -- said Allen's proposal would "open up a powder keg."
Rep. Mike Noel, R-Kanab, said he saw the pain that Hughes and his family went through.
"Children cry, wives get hurt," Noel said. "It's not game playing. It's vicious tactics that someone can use."
Minority House Leader David Litvack, who sponsored the bipartisan SJR3 on the House side, said that the legislation is not about what they'd been through in the past or will go through in the future.
"It's about the integrity of the institution and restoring the public trust," Litvack said. "This, in itself, will not do that, but it will move us forward."
Companion bills to keep the commission's investigations and deliberations behind closed doors and its complaint-related documents private also cleared the House.
Rep. Tim Cosgrove's HB124, which defines and prohibits spending campaign cash for personal use, also passed the Senate in a 27-0 vote.
HB267, sponsored by House Majority Leader Garn, also sailed through the Senate, 28-0. It raises lobbyist filing fees from $25 to $100, imposes a $10 gift ban-- except for meals, travel and lodging at meetings or activities -- and expands disclosure of individual or aggregate expenditures over $10.
House Speaker David Clark said the ethics package had been in progress for two years, adding that he personally had hoped for "more robust" campaign finance regulations.
"I take great offense from folks standing down on the Capitol stairs talking about how little we're doing," Clark said, referring to remarks made Wednesday by UEG members.
Looking ahead, many predict court action over the dueling ethics measures. But Clark said that lawmakers plan to turn their attention to honing their own code of conduct.
Reporter Robert Gehrke contributed to this report
