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House amends and approves independent executive‑branch ethics commission bill

Utah House of Representatives · March 14, 2013
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Summary

Representative Sampey sponsored the House floor consideration of SB 86, creating an independent executive‑branch ethics commission with subpoena power; an amendment changed the appointment method and the bill passed unanimously, 60‑0.

On March 14 the House considered Senate Bill 86, to create an independent executive‑branch ethics commission. Representative Sampey (house sponsor) moved Amendment #2 (dated March 13) to change the appointment method: instead of the governor appointing all members, other constitutional officers would each nominate two candidates and the governor would choose from those nominees.

Sampey described the commission as modeled on existing panels for the legislature and political subdivisions, composed of five members (two former executive officers, a retired judge, and two citizens) with subpoena and investigative authority. He said the commission would provide a neutral venue to screen complaints that lack merit and to conduct investigations where merit exists, allowing meritorious findings to be made public and protecting non‑meritorious claims from premature disclosure.

During questioning Representative Arrant asked about a provision that would summarily dismiss complaints if a third party publicly disclosed the existence of a complaint while the commission is reviewing it; Sampey explained the need to balance privacy for non‑meritorious claims with penalties for intentional disclosure designed to evade review.

After summation was waived, the amendment was adopted and the House passed the bill, 60‑0. The measure will be returned to the Senate.