[Vision2020] Idaho invites corruption under the Capitol dome

[Moscow Cares]

Courtesy of today’s (March 4, 2020) Lewiston Tribune at:

https://lmtribune.com/opinion/idaho-invites-corruption-under-the-capitol-dome/article_f00931de-6a48-5787-bfae-0af89c1687fa.html

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Idaho invites corruption under the Capitol dome

“When once a republic is corrupted, there is no possibility of remedying any of the growing evils, but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil.”
 
— Baron de Montesquieu, Spirit of the Laws
 
In most states throughout the nation, legislative corruption is taken seriously.
 
“A member who has a personal or private interest in any measure or bill proposed or pending before the General Assembly, shall disclose the fact to the House of which he is a member, and shall not vote thereon upon pain of expulsion,” reads the Kentucky Constitution.
 
“A Legislator engages in a violation of legislative ethics if that Legislator votes on a question in connection with a conflict of interest in committee or in either body of the Legislature or attempts to influence the outcome of that question, ...” the laws of Maine state.
 
But in Idaho, corruption is openly permitted. Idaho allows representatives and senators to vote on matters in which they have a business interest as long as they declare that a conflict of interest exists. All a lawmaker must do, in essence, is declare: “I intend to behave corruptly.”
 
That permissiveness to corruption was on particularly graphic display Feb. 24 during the debate over the Idaho Patient Act, a bill put forward by Melaleuca CEO Frank VanderSloot as the capstone of his crusade against abusive practices in the medical debt collection industry. The bill comes particularly in response to the collection practices of Medical Recovery Services, whose cases are mostly litigated by Rep. Bryan Zollinger, R-Idaho Falls.
 
“I have a conflict, as this bill is directly intended and is a direct result of my practice — business doing medical debt collections as an attorney,” Zollinger said on the House floor. “I will, however, exercise my right to vote.”
 
Zollinger went on to debate for an unheard of 40 minutes against the bill and then to vote against it. All Idahoans should feel humiliated and enraged that this was allowed to happen.
 
In Maine, Zollinger would have been guilty of an ethics violation for this act. In Kentucky, Zollinger would be subject to expulsion from the House. In at least 30 states, a vote would be constitutionally forbidden, illegal or against legislative rules.
 
Zollinger’s justification for his act was paltry.
 
“If it was just affecting me, I would absolutely not vote, but this affects every Idahoan,” he said.
 
This excuse is convenient in that it applies to every piece of legislation that exists or could be conceived. No bill can apply to a single individual or company without violating both the U.S. and Idaho constitutions, which prohibit bills of attainder. What distinguishes a bill where a lawmaker has a conflict of interest is that it affects his pocketbook to a greater degree than everyone else’s. Few clearer examples exist than the Idaho Patient Act for Zollinger, as he himself conceded.
 
Last week’s shocking exercise of legal corruption demands a swift and firm response. If they have integrity, both the House and Senate will alter their rules to forbid voting when a lawmaker has a conflict of interest. Better ethics rules would ban not only voting but follow Maine laws in forbidding any attempt to change the outcome of a vote by debating or engaging in advocacy relating to bills where a conflict of interest exists.
 
Consider another recent example involving Zollinger and medical debt collection. During the brief tenure of Sen. Tony Potts, R-Idaho Falls, he brought forward a bill that would have effectively reversed an Idaho Supreme Court case that Zollinger lost on behalf of Medical Recovery Services. Potts was in personal bankruptcy, and he had accepted pre-session campaign contributions from Bryan Smith, Zollinger’s boss. Potts used a large portion of these funds to pay his rent during the legislative session — rent he paid to Zollinger, his roommate. When asked in committee who had brought him the legislation, Potts said it was Zollinger.
 
But the problem here is not primarily Zollinger, who is simply one representative who will serve for a time in office then move on to other pursuits. The problem is that the Legislature permits this to take place in the people’s Capitol. As long as this conduct is permitted, it will continue to happen — and likely get worse. Legislative leadership should lead the charge to end it.
 
“All political power is inherent in the people. Government is instituted for their equal protection and benefit,” reads the Idaho Constitution.
 
That is to say, not for the financial benefit of members of the Legislature, or of their bosses, or of the people who pay their rent.
 
If the House and Senate will not reform themselves, the people should use the right of the ballot initiative to sweep corruption from their house.

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Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

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