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H.R. 5
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RESOLUTION URGING EXCLUSION OF
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CERTAIN MEMBERS FROM SERVICE IN THE
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2001 LEGISLATURE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Glenn L. Way
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A RESOLUTION OF THE HOUSE OF REPRESENTATIVES RELATING TO LEGISLATIVE
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SERVICE; EXPRESSING A LEGISLATIVE POLICY ABOUT EXCLUDING
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LEGISLATORS-ELECT FROM THE FIFTY-FOURTH LEGISLATURE WHO HAVE
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CERTAIN CONFLICTS OF INTEREST.
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Be it resolved by the House of Representatives of the state of Utah:
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WHEREAS, Utah's government is a republic, which is a representative form of
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government;
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WHEREAS, Utah's Legislature is the governmental institution that establishes a
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representative form of government in Utah in its purest form;
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WHEREAS, Utah's Legislature must have and continue to have the trust of the people in
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order to effectively exercise its function within that representative form of government;
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WHEREAS, some persons elected to the Utah Legislature are employed by executive
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branch agencies of the state and state institutions of higher education;
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WHEREAS, funding for all of those agencies and institutions is established and received
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in whole or in part from the Utah Legislature;
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WHEREAS, many members of the public believe that a direct and absolute conflict of
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interest exists when persons employed by executive branch agencies of the state and state
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institutions of higher education make decisions about the funding that their employers receive;
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WHEREAS, that perceived conflict of interest brings the Utah Legislature into disrepute
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and undermines the people's trust in the Legislature and in our representative form of government;
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WHEREAS, Article V, Section 1 of Utah's constitution prohibits persons exercising the
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powers of one department or branch of government from exercising the functions of another
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branch or department of government;
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WHEREAS, it is the opinion of some constitutional scholars that Article V, Section 1
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prohibits legislators from also serving in the executive branch of Utah state government;
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WHEREAS, Article VI, Section 10 of Utah's Constitution vests each house of the Utah
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Legislature with the power to determine the election and qualification of its members; and
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WHEREAS, the Utah Legislature may exercise that power by excluding, or refusing to
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seat, a member elected to the Legislature.
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NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of the state of
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Utah that when the Fifty-fourth Legislature convenes and organizes on January 15, 2001, members
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of the Fifty-third Legislature that become members of the Fifty-fourth Legislature intend to make
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motions to exclude any person elected to the Utah Legislature who is employed by an executive
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branch agency of the state or of any state institution of higher education.
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BE IT FURTHER RESOLVED that, if the motion passes, each legislator-elect who is
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employed by an executive branch agency of the state or employed by a state institution of higher
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education will not be sworn in and will not be seated or allowed to perform legislative business.
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BE IT FURTHER RESOLVED that the Lieutenant Governor provide a copy of this
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resolution to each person who files a declaration of candidacy for a seat in the Utah House of
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Representatives for the Fifty-fourth Legislature beginning in January, 2001.
Legislative Review Note
as of 1-25-00 8:37 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.