State v. Hutchinson

624 P.2d 1116, 1980 Utah LEXIS 1108
CourtUtah Supreme Court
DecidedDecember 9, 1980
Docket16087
StatusPublished
Cited by36 cases

This text of 624 P.2d 1116 (State v. Hutchinson) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hutchinson, 624 P.2d 1116, 1980 Utah LEXIS 1108 (Utah 1980).

Opinions

STEWART, Justice:

Defendant, a candidate for the office of Salt Lake County Commissioner, was charged with having violated § 1-10-4, Revised Ordinances of Salt Lake County, which requires the filing of campaign statements and the disclosure of campaign contributions. That section provides: Campaign Statements.

1. Every candidate for election or his designated committee secretary shall file with the county clerk on forms furnished by the clerk, full, correct and itemized statements of all monies and things of monetary value received and expended in the furtherance of said candidacy in accordance with the schedule set forth in this section.
* * * * * *
5. All statements shall be dated and signed by the candidate and the committee secretary.

Failure to comply with those provisions is a misdemeanor.

A complaint charged defendant in two counts: (1) failure to report the name and address of a $6,000 contributor to his election campaign, and (2) failure to file supplemental campaign disclosures of the discharge of campaign debts and obligations.

Defendant filed a motion in a city court to dismiss the complaint on the ground that the ordinance was in violation of the Utah Constitution. The court granted the motion and held that Salt Lake County was without constitutional or statutory authority to enact the ordinance under which defendant was charged and dismissed the complaint.

An appeal was taken to a district court which affirmed the dismissal. That court wrote a memorandum decision observing that “... it may be true that our Utah Supreme Court has not been completely consistent in every case on this issue, [but] the majority of the [Utah Supreme Court] cases have indicated that grants of powers [1118]*1118to cities or counties are to be strictly construed to the exclusion of implied powers not reasonably necessary in carrying out the purposes of the expressed powers granted.” The court noted that, on the other hand, Salt Lake City v. Kusse, 97 Utah 113, 93 P.2d 671 (1938), and Salt Lake City v. Allred, 20 Utah 2d 298, 437 P.2d 434 (1968), “suggest that a county has fairly broad power to enact ordinances ... under the general welfare clause of § 17-5-77 [Utah Code Annotated.]” Nevertheless, the court held that there is no express authority in state statutes authorizing the enactment of § 1-10-4 and that there was nothing that could be “implied from any express power that would justify the enactment of these ordinances.” Accordingly, the court held the ordinance unconstitutional, and the State appeals.1

Defendant contends that because the Legislature has not specifically authorized counties to enact ordinances requiring disclosure of campaign contributions in county elections, Salt Lake County had no power to enact the ordinance in question. Alternatively, defendant contends that the ordinance is invalid because state statutes have preempted the field of regulation.

Concededly, the district court was correct in holding that the Legislature has not expressly authorized enactment of an ordinance requiring disclosure of campaign contributions in county elections. However, the Legislature has conferred upon cities and counties the authority to enact all necessary measures to promote the general health, safety, morals, and welfare of their citizens. Section 17-5-77, U.C.A. (1953), as amended, provides:

The board of county commissioners may pass all ordinances ... not repugnant to law ... necessary and proper to provide for the safety, and preserve the health, promote the prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, ... and may enforce obedience to such ordinances ... by fine in any sum less than $300 or by imprisonment not to exceed six months, or by both such fine and imprisonment .... [Emphasis added.]

The Legislature has made a similar grant of power to the cities.2

The specific issue in this case is whether § 17-5-77 by itself provides Salt Lake County legal authority to enact the ordinance for disclosure of campaign contributions, or whether there must be a specific grant of authority for counties to enact measures dealing with disclosures of campaign financing to sustain the ordinance in question. Defendant claims that the powers of municipalities must be strictly construed and that because Salt Lake County did not have specific, delegated authority to enact the ordinance in issue, the ordinance is invalid.

The rule requiring strict construction of the powers delegated by the Legislature to counties and municipalities is a rule which is archaic, unrealistic, and unresponsive to the current needs of both state and local governments and effectively nullifies the legislative grant of general police power to the counties. Furthermore, although the rule of strict construction is supported by some cases in this State, it is inconsistent with other cases decided by this Court — a situation that permits choosing between conflicting precedents to support a particular result.

Dillon’s Rule, which requires strict construction of delegated powers to local [1119]*1119governments, was first enunciated in 1868.3 The rule was widely adopted during a period of great mistrust of municipal governments4 and has been viewed as “the only possible alternative by which extensive governmental powers may be conferred upon our municipalities, with a measurable limit upon their abuse.”5

The courts, in applying the Dillon Rule to general welfare clauses, have not viewed the latter as an independent source of power, but rather as limited by specific, enumerated grants of authority. See, e. g., American Fork City v. Robinson, 77 Utah 168, 292 P. 249 (1930); Salt Lake City v. Sutter, 61 Utah 533, 216 P. 234 (1923). More recently, however, reasoned opinion regarding the validity of the rule has changed. One authority has noted the harmful effects that the rule of strict construction has had upon the effective exercise of appropriate municipal authority:

Any vestige of inherent powers or liberality in construing delegated powers was soon swept away by the Dillon Rule. This rule was formulated in an era when farm-dominated legislatures were jealous of their power and when city scandals were notorious. It has been the authority, without critical analysis of it, for literally hundreds of subsequent cases.
As it arose, the strict construction doctrine applied to municipal corporations but it has been extended to local government generally and it must be faced in any approach to liberalizing local powers. This rule sends local government to State legislatures seeking grants of additional powers; it causes local officials to doubt their power, and it stops local governmental programs from developing fully. The strict construction rule stimulated home rule efforts and is largely responsible for the erosion of home rule. Because of its importance the rule should be examined critically from time to time. [Footnotes omitted.]6

[1120]*1120As pointed out in Frug, The City As A Legal Concept, 93 Harvard L.Rev. 1059, 1111 (1980):

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Cite This Page — Counsel Stack

Bluebook (online)
624 P.2d 1116, 1980 Utah LEXIS 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hutchinson-utah-1980.