Utah House of Representatives

Speaker David Clark’s Opening Comments to the Utah House of Representatives (2nd Session of the 58th Legislature)
January 25, 2010

Welcome back Representatives, Utahns, family members, and friends to the Utah State House of Representatives. The start of another legislative general session dawns like a bright new day, full of promise and work yet to be done. There are few days like the first day, when we arrive refreshed and filled with hope, excitement, and anticipation. As one who has served in this chamber for several years, I cannot help but recall the words of Robert Frost’s famous poem at the start of each session. He reminds me that while my natural inclination might be to pause to absorb the splendor of this first day, I cannot tarry because we have promises to keep, and miles yet to go before we sleep.

While we cannot tarry long in this grand opening moment, I would suggest that it is all together appropriate that we pause for just a few short minutes to remind ourselves why we labor and in whose name our work is done before we begin. We know, of course, that we are here to do the people’s work. We toil on behalf of the State of Utah, which is to say our families, friends, and neighbors. In this great work, we look to many sources for our inspiration and drive. Sometimes our greatest inspiration comes from the great deeds of our ancestors.

Abraham Lincoln was, I believe, America’s greatest president. Our Founders decreed that we are all endowed with an inalienable right to liberty, but they could not reconcile their noble ideals with the ignoble practice of slavery. It was Abraham Lincoln who helped give true meaning to our national creed of “liberty and justice for ALL.” He steered America through the most profound moral crisis in our history and the bloodiest war. His leadership saved the Union and his vision defined what it meant to be an American. He did not equivocate or duck or pass the challenge on to future generations. He did not demonize the fathers and sons who did battle on the other side, nor seek to diminish the terrible costs of his war. In the midst of slavery’s dark storm and the complexities of governing a house divided, he kept his moral compass pointed firm and true.

Some of the nation’s other great presidents – Washington, Jefferson, Theodore and Franklin Roosevelt, Kennedy, Reagan – certainly have had their actions recorded, scrutinized and reviewed. Yet no one has ever captured the world’s attention as Lincoln has. No one could have imagined that a man who came from such roughhewn beginnings would become such a global figure.

Indeed, the challenges of the 58th Legislature may pale in comparison to those of Lincoln’s “house divided.” Nevertheless, we in the Legislature, are faced with challenging issues like Retirement, Ethics, Health Care Reform, Education funding, Taxes, a balanced budget and much more As we square our shoulders to face the task at hand, I believe it will serve us well to reflect on Lincoln’s character and for us to emulate those characteristics as we begin this Legislative session. Let us become, as Lincoln spoke, the “pillars” for the State of Utah by emulating Lincoln’s ability to (1) make the tough choices, and (2) to speak the truth always, especially when least convenient.

I further suggest that to help us maintain our positive decorum we continue to practice the following eight suggestions I presented to you a year ago. They are:

1) Understand limits- Legislative “power” stems from personal influence rather than mere office.

2) Consult with as many colleagues as possible. Have genuine respect for differing points of view

3) Remember colleagues are people with families.

4) Listen more often than you speak. There are two parts to wisdom. The first part says, “be quiet” and second says “listen.” Senator Everett Dirksen once admonished his son-in-law, Senator Howard Baker, in his first year in the U.S. Senate to “occasionally allow yourself the luxury of an unexpressed thought.”

5) No surprises, simply keep colleagues informed.

6) Be honest. Tell the truth- whether you have to or not. Remember that your word is your only currency; devalue it and your effectiveness as a legislator is over. As Marcus Aurelius cautions us, “If it is not right do not do it; if it is not true do not say it.

7) Be patient with colleagues and the process. Patience and persistence will always win the day.

8) Be civil and encourage others to do likewise.

Before we look forward, allow me to look back to this time last year. According to Mark Knold, chief economist for the Department of Work Force Services, by nearly every measure, 2009 was a very rough year for the state of Utah. It will be marked as Utah’s worst year of job loss in the post-World War II era. In fact, no other year on record even comes close to matching the (4.9-) percent job loss of 2009. Since 1950, Utah has had only three periods prior to 2009 in which jobs were lost. On a calendar year basis, only 1954, 1964, 2002, and now 2009 can make that list. Prior to this current downturn, the worst 12-month period for Utah job loss was from March 2001 to March 2002, when the Utah economy shed some 14,900 jobs.

Compare that to our current circumstances where, from March 2008 to March 2009, an astonishing 71,000 jobs were lost. Nearly five times the previous all time high from 2002. To underscore how strong the current downturn is, its negative momentum will likely add 2010 to the list of years with negative job growth.

Someday, Utah school children will encounter in their history books a chapter about the “Great Recession.” The students will analyze the causes and solutions to the recession. They will discuss subprime mortgage loans and bank bailouts set against a backdrop of war on two fronts. History has shown that when the financial markets suffer severe shocks, it can be years before the system functions smoothly again and resumes its place as the lifeblood of a robust and expanding economy. The immediate repercussions of the downturn are just now beginning to ease, but the longer-term effects will continue to cast a dark shadow, creating a less-than-rosy outlook for the next year. While I do not want to dwell on such negative and depressing financial statistics, it does frame our time and the work we must do this session. Yet by all financial indicators, there is a silver lining to this dark financial cloud we live under.

Utah has escaped the worst of the financial downturn. Our State’s current unemployment may be sitting uncomfortably at 6.7%. However, the unemployment for the five states that border Utah is currently averaging close to 9.5%. Unemployment for the three states on the west coast is well over 11% and the nation as a whole is at 10%. If other parts of the country are encountering a financial hurricane, Utah, by contrast, is experiencing only a heavy downpour. Needless to say, even this downpour has significant consequences for all of us.
Some might wonder how we have weathered this storm better than most states. I would suggest it is the result of the people of this state and decades of wise fiscal management. And you don’t just have to take my word for it. Utah has been ranked in back to back reports by the Pew Center as THE best managed state in the union. The American Legislative Exchange Council (ALEC) recently ranked Utah number one for the best future economic outlook. The Kauffman State New Economy Index ranked Utah #1 for Inventor Patents, #2 online population, and the #1 Most Dynamic Economy. Forbes magazine says Utah is the “Best State for Business” and #1 Best State to Live in America. Utah is also ranked #1 in Technology Concentration and Dynamism the Milken Institute. We are the #1 Digital State, determined by the Center for Digital Government. The Beehive state has the 3rd highest in the nation overall breath in the biotech industry. We have the 5th lowest power costs in the nation. Utah has the highest volunteering rate in the nation; a designation Utah has won every year! MSNBC ranks Utah as the Happiest State in the Nation. And to top it off, we are one of only 6 states with a Triple-A bond rating as rated by all three credit agencies.

What exactly are these financial policies that have kept us from floundering? To start with, through numerous Governors and Legislatures, the management style and fiscal principles guiding our State have remained constant. Though the State’s budget is more complicated than the average family budget, the same basic principles apply. We don’t spend more than we have in the bank. We pay for on-going expenses with on-going revenue sources. One-time money sources are used to fund one-time projects. Our bonding is done prudently and only for infrastructure projects.

Over this past decade the population of Utah has grown by 27%. Over the same decade our Public Education system has had student growth of 20.8%. Yet for the same ten-year period the Public Education budget has grown at a much faster rate of 66%. Higher Education budgets have increased by 83% when factored to include Federal grants and 67% when factored with State money alone. The Legislature’s actions have spoken clearly. When we have money to spend, we spend it on education. When we do not, as in our current economic downturn, we protect Education by holding them the least harmed. And it is my sense that the people of Utah think that’s how it should be.

Finally, regarding the budget and perhaps most importantly, we have not spent all of our money collected in the boom times, but have instead saved some for a rainy day. Because of strict adherence to these budget principles, Utah was less susceptible to the crumbling of the global financial markets and is better positioned to recover our economic strength.
I also credit some of our financial success to the structure of our government. We have a part-time legislature comprised of people who hold full-time jobs in addition to being a legislator. We are bankers and farmers, realtors and dentists, business men and women who own small businesses or work for large corporations. We aren’t insulated from the frontlines of real world living and budgeting. And we don’t have the luxury of deadlocking on issues like California, New York or even Congress. Our 45-day General Legislative Session requires us to do our homework and come to the capitol prepared to do the work of the people quickly and efficiently. We have robust policy discussions, but know at the end of the 45 days our budget must balance and we must go home to our families and “real” full-time jobs.

As we begin this 2010 Legislative Session, Utahns can be assured that the Legislature is up to challenge. Our budget will balance and we will make wise use of our saving accounts to see us through the end of recession and beyond.

Now regarding this session’s ethics bills.

While one’s ethics should be absolute, the ethics laws that govern politics in the State continue to evolve and adapt. James Macgregor Burns, an authority on leadership studies from Williams College cautions us that, “divorced from ethics, leadership is reduced to management and politics to mere technique.” Last year we passed five bills dealing in the ethics arena including: restrictions on campaign accounts of legislators leaving office, greater disclosure of gifts and meals received, a one-year restriction on former legislators registering as lobbyists, formal annual ethics training and a requirement that campaign donations be reported on a quicker timeline.

The House stands ready to tackle yet another package of ethics bills in an effort ensure that our actions on behalf of the public are above reproach. Our bipartisan Ethics Interim Committee has recommended several bills, which we will debate in the opening weeks of the session. One of the recommendations is to revamp the conflict of interest forms that all legislators are required to complete and that are posted online. These forms will now require much more detailed information that goes beyond a legislator’s full-time employment and into other areas like boards and organizations with which a legislator might be involved. Information on the employment of a Legislators spouse would also be captured on the form. All State officers will now file these forms as well.

Another landmark bill will address the issue of campaign donation limits. There are currently no donation limits for State level races. The legislation recommended by the Governor’s commission on Strengthening Democracy would impose the following limits for various elected positions:

• $10,000 to one state office candidate,
• $5,000 to one legislative office candidate,
• $5,000 to one school board office candidate,
• $40,000 to one registered political party, and
• $10,000 to one political action committee (PAC).

Appropriate limits, that fit well within the U.S. Supreme Court’s recent ruling.
The bipartisan ethics committee has revamped the process by which the Legislature investigates complaints. It provides for an independent commission made up of three retired judges and two former legislators that will make referrals to either the House or Senate ethics committee.

Finally, the rules governing gift and meals will also be updated. Gifts over $10 will be banned and any meal over $10 must be disclosed by name. Some might ask why gifts and meals aren’t banned outright given the public perception of gifts and meals given to legislators. These levels are being set to allow various groups to present a legislator with a memento of nominal value, such as a thank you card from school children.

As elected representatives, we owe the people of the state of Utah our very best efforts on their behalf. Our actions inside and outside our official duties should never detract from this responsibility.

In closing, I came across this quote by Albert Schweitzer on which I would like to reflect…it reads. “At times our own light goes out and is rekindled by a spark from another person. Each of us has cause to think with deep gratitude of those who have lighted the flame within us.”

As I think back in time I can recall an occasion or two when I thought “I am not sure I can keep going.” It may have been a time with huge pressure from work, financial setbacks, loss of a loved one or any number of discouragements. I know for me, and perhaps for you, there has always been someone who has kept me going. When light was fading, a friend, a stranger or a colleague has “rekindled” that flame. Sometimes it was with words. Other times it may have been through a helping hand. Whatever it was, it made a difference in my life when they said “You can do this. Don’t give up.” So I ask you, who is your spark? Do they know? If they don’t, here is your challenge. Tell them. Let them know. Write a letter. Send them flowers. Drop them an email. Call them. Let them know that they were, or are, the spark that lights your flame when you feel like you are going to fade.

For me I would like to thank my spark, the same spark that was my High School sweetheart. She (Nanny) still rekindles that spark that lights up my heart and fills me full of inspiration. And finally, I want to thank you, the Utah House of Representatives, for your service to this State. You are a great example of what is right and ethical with this State Government.
May god bless the citizens of this Great State.

Let’s now be about the people work. We have a lot to do and miles to go before we sleep.




	Listen to Opening Remarks

Speaker David Clark’s Opening Comments to the Utah House of Representatives (2nd Session of the 58th Legislature) January 25, 2010 Welcome back Representatives, Utahns, family members, and friends to the Utah State House of Representatives. The start of another legislative general session dawns like a bright new day, full of promise and work yet to be done. There are few days like the first day, when we arrive refreshed and filled with hope, excitement, and anticipation. As one who has served in this chamber for several years, I cannot help but recall the words of Robert Frost’s famous poem at the start of each session. He reminds me that while my natural inclination might be to pause to absorb the splendor of this first day, I cannot tarry because we have promises to keep, and miles yet to go before we sleep. While we cannot tarry long in this grand opening moment, I would suggest that it is all together appropriate that we pause for just a few short minutes to remind ourselves why we labor and in whose name our work is done before we begin. We know, of course, that we are here to do the people’s work. We toil on behalf of the State of Utah, which is to say our families, friends, and neighbors. In this great work, we look to many sources for our inspiration and drive. Sometimes our greatest inspiration comes from the great deeds of our ancestors. Abraham Lincoln was, I believe, America’s greatest president. Our Founders decreed that we are all endowed with an inalienable right to liberty, but they could not reconcile their noble ideals with the ignoble practice of slavery. It was Abraham Lincoln who helped give true meaning to our national creed of “liberty and justice for ALL.” He steered America through the most profound moral crisis in our history and the bloodiest war. His leadership saved the Union and his vision defined what it meant to be an American. He did not equivocate or duck or pass the challenge on to future generations. He did not demonize the fathers and sons who did battle on the other side, nor seek to diminish the terrible costs of his war. In the midst of slavery’s dark storm and the complexities of governing a house divided, he kept his moral compass pointed firm and true. Some of the nation’s other great presidents – Washington, Jefferson, Theodore and Franklin Roosevelt, Kennedy, Reagan – certainly have had their actions recorded, scrutinized and reviewed. Yet no one has ever captured the world’s attention as Lincoln has. No one could have imagined that a man who came from such roughhewn beginnings would become such a global figure. Indeed, the challenges of the 58th Legislature may pale in comparison to those of Lincoln’s “house divided.” Nevertheless, we in the Legislature, are faced with challenging issues like Retirement, Ethics, Health Care Reform, Education funding, Taxes, a balanced budget and much more As we square our shoulders to face the task at hand, I believe it will serve us well to reflect on Lincoln’s character and for us to emulate those characteristics as we begin this Legislative session. Let us become, as Lincoln spoke, the “pillars” for the State of Utah by emulating Lincoln’s ability to (1) make the tough choices, and (2) to speak the truth always, especially when least convenient. I further suggest that to help us maintain our positive decorum we continue to practice the following eight suggestions I presented to you a year ago. They are: 1) Understand limits- Legislative “power” stems from personal influence rather than mere office. 2) Consult with as many colleagues as possible. Have genuine respect for differing points of view 3) Remember colleagues are people with families. 4) Listen more often than you speak. There are two parts to wisdom. The first part says, “be quiet” and second says “listen.” Senator Everett Dirksen once admonished his son-in-law, Senator Howard Baker, in his first year in the U.S. Senate to “occasionally allow yourself the luxury of an unexpressed thought.” 5) No surprises, simply keep colleagues informed. 6) Be honest. Tell the truth- whether you have to or not. Remember that your word is your only currency; devalue it and your effectiveness as a legislator is over. As Marcus Aurelius cautions us, “If it is not right do not do it; if it is not true do not say it. 7) Be patient with colleagues and the process. Patience and persistence will always win the day. 8) Be civil and encourage others to do likewise. Before we look forward, allow me to look back to this time last year. According to Mark Knold, chief economist for the Department of Work Force Services, by nearly every measure, 2009 was a very rough year for the state of Utah. It will be marked as Utah’s worst year of job loss in the post-World War II era. In fact, no other year on record even comes close to matching the (4.9-) percent job loss of 2009. Since 1950, Utah has had only three periods prior to 2009 in which jobs were lost. On a calendar year basis, only 1954, 1964, 2002, and now 2009 can make that list. Prior to this current downturn, the worst 12-month period for Utah job loss was from March 2001 to March 2002, when the Utah economy shed some 14,900 jobs. Compare that to our current circumstances where, from March 2008 to March 2009, an astonishing 71,000 jobs were lost. Nearly five times the previous all time high from 2002. To underscore how strong the current downturn is, its negative momentum will likely add 2010 to the list of years with negative job growth. Someday, Utah school children will encounter in their history books a chapter about the “Great Recession.” The students will analyze the causes and solutions to the recession. They will discuss subprime mortgage loans and bank bailouts set against a backdrop of war on two fronts. History has shown that when the financial markets suffer severe shocks, it can be years before the system functions smoothly again and resumes its place as the lifeblood of a robust and expanding economy. The immediate repercussions of the downturn are just now beginning to ease, but the longer-term effects will continue to cast a dark shadow, creating a less-than-rosy outlook for the next year. While I do not want to dwell on such negative and depressing financial statistics, it does frame our time and the work we must do this session. Yet by all financial indicators, there is a silver lining to this dark financial cloud we live under. Utah has escaped the worst of the financial downturn. Our State’s current unemployment may be sitting uncomfortably at 6.7%. However, the unemployment for the five states that border Utah is currently averaging close to 9.5%. Unemployment for the three states on the west coast is well over 11% and the nation as a whole is at 10%. If other parts of the country are encountering a financial hurricane, Utah, by contrast, is experiencing only a heavy downpour. Needless to say, even this downpour has significant consequences for all of us. Some might wonder how we have weathered this storm better than most states. I would suggest it is the result of the people of this state and decades of wise fiscal management. And you don’t just have to take my word for it. Utah has been ranked in back to back reports by the Pew Center as THE best managed state in the union. The American Legislative Exchange Council (ALEC) recently ranked Utah number one for the best future economic outlook. The Kauffman State New Economy Index ranked Utah #1 for Inventor Patents, #2 online population, and the #1 Most Dynamic Economy. Forbes magazine says Utah is the “Best State for Business” and #1 Best State to Live in America. Utah is also ranked #1 in Technology Concentration and Dynamism the Milken Institute. We are the #1 Digital State, determined by the Center for Digital Government. The Beehive state has the 3rd highest in the nation overall breath in the biotech industry. We have the 5th lowest power costs in the nation. Utah has the highest volunteering rate in the nation; a designation Utah has won every year! MSNBC ranks Utah as the Happiest State in the Nation. And to top it off, we are one of only 6 states with a Triple-A bond rating as rated by all three credit agencies. What exactly are these financial policies that have kept us from floundering? To start with, through numerous Governors and Legislatures, the management style and fiscal principles guiding our State have remained constant. Though the State’s budget is more complicated than the average family budget, the same basic principles apply. We don’t spend more than we have in the bank. We pay for on-going expenses with on-going revenue sources. One-time money sources are used to fund one-time projects. Our bonding is done prudently and only for infrastructure projects. Over this past decade the population of Utah has grown by 27%. Over the same decade our Public Education system has had student growth of 20.8%. Yet for the same ten-year period the Public Education budget has grown at a much faster rate of 66%. Higher Education budgets have increased by 83% when factored to include Federal grants and 67% when factored with State money alone. The Legislature’s actions have spoken clearly. When we have money to spend, we spend it on education. When we do not, as in our current economic downturn, we protect Education by holding them the least harmed. And it is my sense that the people of Utah think that’s how it should be. Finally, regarding the budget and perhaps most importantly, we have not spent all of our money collected in the boom times, but have instead saved some for a rainy day. Because of strict adherence to these budget principles, Utah was less susceptible to the crumbling of the global financial markets and is better positioned to recover our economic strength. I also credit some of our financial success to the structure of our government. We have a part-time legislature comprised of people who hold full-time jobs in addition to being a legislator. We are bankers and farmers, realtors and dentists, business men and women who own small businesses or work for large corporations. We aren’t insulated from the frontlines of real world living and budgeting. And we don’t have the luxury of deadlocking on issues like California, New York or even Congress. Our 45-day General Legislative Session requires us to do our homework and come to the capitol prepared to do the work of the people quickly and efficiently. We have robust policy discussions, but know at the end of the 45 days our budget must balance and we must go home to our families and “real” full-time jobs. As we begin this 2010 Legislative Session, Utahns can be assured that the Legislature is up to challenge. Our budget will balance and we will make wise use of our saving accounts to see us through the end of recession and beyond. Now regarding this session’s ethics bills. While one’s ethics should be absolute, the ethics laws that govern politics in the State continue to evolve and adapt. James Macgregor Burns, an authority on leadership studies from Williams College cautions us that, “divorced from ethics, leadership is reduced to management and politics to mere technique.” Last year we passed five bills dealing in the ethics arena including: restrictions on campaign accounts of legislators leaving office, greater disclosure of gifts and meals received, a one-year restriction on former legislators registering as lobbyists, formal annual ethics training and a requirement that campaign donations be reported on a quicker timeline. The House stands ready to tackle yet another package of ethics bills in an effort ensure that our actions on behalf of the public are above reproach. Our bipartisan Ethics Interim Committee has recommended several bills, which we will debate in the opening weeks of the session. One of the recommendations is to revamp the conflict of interest forms that all legislators are required to complete and that are posted online. These forms will now require much more detailed information that goes beyond a legislator’s full-time employment and into other areas like boards and organizations with which a legislator might be involved. Information on the employment of a Legislators spouse would also be captured on the form. All State officers will now file these forms as well. Another landmark bill will address the issue of campaign donation limits. There are currently no donation limits for State level races. The legislation recommended by the Governor’s commission on Strengthening Democracy would impose the following limits for various elected positions: • $10,000 to one state office candidate, • $5,000 to one legislative office candidate, • $5,000 to one school board office candidate, • $40,000 to one registered political party, and • $10,000 to one political action committee (PAC). Appropriate limits, that fit well within the U.S. Supreme Court’s recent ruling. The bipartisan ethics committee has revamped the process by which the Legislature investigates complaints. It provides for an independent commission made up of three retired judges and two former legislators that will make referrals to either the House or Senate ethics committee. Finally, the rules governing gift and meals will also be updated. Gifts over $10 will be banned and any meal over $10 must be disclosed by name. Some might ask why gifts and meals aren’t banned outright given the public perception of gifts and meals given to legislators. These levels are being set to allow various groups to present a legislator with a memento of nominal value, such as a thank you card from school children. As elected representatives, we owe the people of the state of Utah our very best efforts on their behalf. Our actions inside and outside our official duties should never detract from this responsibility. In closing, I came across this quote by Albert Schweitzer on which I would like to reflect…it reads. “At times our own light goes out and is rekindled by a spark from another person. Each of us has cause to think with deep gratitude of those who have lighted the flame within us.” As I think back in time I can recall an occasion or two when I thought “I am not sure I can keep going.” It may have been a time with huge pressure from work, financial setbacks, loss of a loved one or any number of discouragements. I know for me, and perhaps for you, there has always been someone who has kept me going. When light was fading, a friend, a stranger or a colleague has “rekindled” that flame. Sometimes it was with words. Other times it may have been through a helping hand. Whatever it was, it made a difference in my life when they said “You can do this. Don’t give up.” So I ask you, who is your spark? Do they know? If they don’t, here is your challenge. Tell them. Let them know. Write a letter. Send them flowers. Drop them an email. Call them. Let them know that they were, or are, the spark that lights your flame when you feel like you are going to fade. For me I would like to thank my spark, the same spark that was my High School sweetheart. She (Nanny) still rekindles that spark that lights up my heart and fills me full of inspiration. And finally, I want to thank you, the Utah House of Representatives, for your service to this State. You are a great example of what is right and ethical with this State Government. May god bless the citizens of this Great State. Let’s now be about the people work. We have a lot to do and miles to go before we sleep.
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