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House rejects one-year 'cooling-off' restriction for former officials becoming lobbyists

Utah House of Representatives · January 26, 1999
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Summary

House members debated House Bill 39, which would have imposed a one-year cooling-off period before former high-level state officials and legislators could work for principal lobbying firms. The bill failed on a 27–43 vote after opponents raised constitutional and practical concerns.

Representative Jordan Tanner, sponsor of House Bill 39, described the measure as a modest ethics reform that would impose a one-year cooling-off period before certain former state officials or legislators could work for firms whose principal activity is lobbying.

"If you are a government official or a legislator ... you need before you would accept employment with a principal firm that is engaged in lobbying that you need to wait," Tanner said, framing the proposal as a step to avoid appearance of impropriety and noting analogous restrictions in other jurisdictions.

Opponents raised procedural and constitutional concerns and argued the restriction could limit employment opportunities for citizen-legislators. Representative Tyler noted that the legislative calendar already creates a de facto cooling-off period of roughly 10½ months between sessions and questioned the need for an additional formal restriction.

Other members focused on definitional issues: what counts as a "lobbyist" and whether certain government employment or committee activities should be exempt. Representative Holliday and Representative Iverson warned that the bill might unduly restrict the availability of experienced people to assist legislative decision-making or could be challenged in court.

After debate and a series of questions and clarifications about scope and exceptions, the House voted. The Clerk reported House Bill 39, as amended, received 27 yes votes and 43 no votes and failed to pass; the bill was filed.