Thread by @AlanWessman

Utah friends, we will see a new proposed constitutional amendment on the ballot this fall. I recommend voting AGAINST.

It loosens some restrictions on what the legislature can do when it calls itself into session. This expands a power they already shouldn’t have.

The power to call the legislature into special session used to be exclusive to the governor, which served as a check on legislative power. Unfortunately, in 2018 voters approved an amendment to let the legislature call itself into special session.

That power was supposed to be used for exceptional circumstances: financial crisis, war, natural disaster or other emergency. Speaker Brad Wilson said at the time it should be rarely used. sltrib.com/news/politics/…

The first use of this power by the legislature was pretty legit: in April 2020, in the early days of the Covid pandemic, leaders called a special session largely to deal with the emergency. (It’s not clear why they couldn’t have let the governor do this though.)

But in that special session, leaders included some non-emergency items in the proclamation, such as municipal annexation requirements, tax changed for fuel sales to railroads, and scholarships for students with disabilities to attend private schools.

The legislature called itself into special session again in August 2020, ostensibly to deal further with the Covid emergency. But the agenda included regulating tobacco retailers, timing of voter referendums, annexation, and environmental rule making.

Then, in May 2021, the Senate and House leaders called their chambers into “extraordinary” session. The House agenda: To pass resolutions about guns and critical race theory. The Senate agenda: to consider appointments and to vote on unspecified resolutions.

No emergency.

This demonstrates that in the very short time that the legislature has had the power to call itself into special (or extraordinary) session, Speaker Wilson and President Adams have abused the power for non-emergency purposes.

This is why they should not be given more power.

Moreover, the Utah Constitution cannot be amended unless a proposal to do so passes the legislature. This means that once power is constitutionally granted to legislative leaders, it is almost impossible to claw back. The passage of the amendment in 2018 was a big mistake.

Utahns need to be on our guard against any and all efforts by legislative leaders to further accumulate unchecked power. We need to watch for legislation that gives the Speaker and Senate President special authority, especially in executive matters.

Vote AGAINST the amendment.