Joe Pyrah - Daily Herald | Posted: Thursday, March 26, 2009 11:00 pm
A bill that is supposed to stop the revolving lawmaker-lobbyist door will do nothing of the sort. But it will be a law anyway.
House Bill 345 was meant to create a one-year cooling-off period for legislators who leave office to become lobbyists. It got particular attention this year when former Speaker of the House Greg Curtis, former Rep. Mark Walker and former Sen. Mike Dmitrich all became lobbyists.
The argument goes that if such former lawmakers don't have a waiting period, they could exercise undue influence over former colleagues. (Most lawmakers scoff at that idea.)
But exemptions at the bottom of the bill are so broad that it is essentially rendered useless. When asked if HB 345 would force a Greg Curtis to wait a year before becoming a lobbyist, the Lt. Governor's Office had a one-word answer:
"No," said chief of staff Joe Demma.
The caveats come after the restrictions of the "Lobbying Restrictions Act." They read:
This section 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 the waning days of the legislative session, multiple lawmakers grumbled about the language, saying that "associated" could mean anything at all, keeping the revolving door spinning. But they kept their complaints to themselves in part for fear that House leaders -- who were pushing the bill -- would exact retribution on other bills.
Sponsor Rep. Brad Dee, R-Ogden, said during the session that the drafting attorneys and the lieutenant governor's office said "associated" means a "principal, partner or employee of a particular organization." Indeed, in other parts of state code similar language is used. But that definition is restricted to those sections only, leaving "associated" undefined in HB 345.
Demma says the Lt. Governor's Office hasn't made an interpretation of the rule but it's something they're looking at. They're also looking at the second half of the "associated" clause to determine what "primary activity of the business" means.
Dee says the purpose of that portion is to keep former lawmakers from launching their own lobbying firms and contracting with clients. But there is a substantial workaround there, as well.
For example, Lawmaker Bob leaves office and is hired by a law firm as a full-time lobbyist for the firm's clients and to attract new clients. The firm has a number of attorneys whose "primary activity" is something other than "lobbying or governmental relations." Thus Bob becomes a full-time lobbyist immediately after leaving office, able to contract with anyone, still complying with the law.
Despite its flaws, the governor will sign the bill into law, said spokeswoman Lisa Roskelley.
"Incremental steps are important to the process," she said. "Certainly there is more to be done."
HB 345 is one of a handful of bills passed during the session that targeted ethics. Others include restrictions on what can be done with campaign funds after leaving office and the reporting of gifts and meals.