Lawmaking often defies easy answers
Jay Evensen
But both examples are real. They were recalled in a recent story in this newspaper by political editor Bob Bernick Jr.
And they were occasioned by a Utah law that requires all state lawmakers to vote on every measure that comes to the floor if they are located anywhere in the Capitol. They are, in other words, the byproducts of Utah's part in the American experiment of self-rule.
To abstain isn't an option. In Utah, we don't elect lawmakers to be agnostic.
Which isn't a perfect way to do the public's business. But then, finding the perfect way isn't easy.
Here is the problem: You don't want the guy you put in office to shrink from voting on controversial issues. But forcing him to vote presents other potential problems. Sometimes, lawmakers will vote for bills that directly enrich them. In fact, Utah's must-vote rule gives a measure of cover to lawmakers who deliberately want to do this.
Utah is one of 17 states with a traditional part-time, citizen Legislature. According to the National Conference of State Legislatures, it is one of only six states with a Legislature that employs a bare-minimum number of full-time staff members, provides lawmakers with a pittance of pay and requires the least amount of time to perform legislative duties.
The others on that list are Montana, New Hampshire, North Dakota, South Dakota and Wyoming. Utah is the most populous of those, and it is growing at a rate that suggests it may not be able to remain in that company for long.
Which would be a shame.
The beauty of a citizen Legislature is that the people who write the laws also live and work among the folks who elected them. In theory, at least, they will be less likely to forget who sent them to the Capitol and the things those people worry about most.
But this also ensures a host of conflicts of interest. Schoolteachers will vote on the education budget. Landlords will vote on laws that make it easier to evict a tenant. Some Utah lawmakers work for interest groups or are even registered as lobbyists.
My guess is most Utahns understand and accept incidental conflicts. They also easily can see the difference between these and the type that can enrich a lawmaker directly.
Recent comments
We do in fact want lawmakers to be agnostic, which imparts slightly...
Randy | Dec. 9, 2007 at 11:22 a.m.
