Utah legislators believe they're sometimes treated like bad children.
The Utah Constitution, like overbearing parents, tells them when they can meet, when they can't meet. And lawmakers can't even call themselves into session unless big brother Gov. Mike Leavitt says they can. Even if he does, they can only talk about the stuff he says they can.Now there's a move afoot to change the constitution so legislators, without the approval of mom, dad or big brother, can call themselves into session to debate whatever they want; pass any bill they darn well like. So there.
Such a change "would certainly be a shift in power" from the executive branch of government to the legislative branch, said Utah Supreme Court Justice Christine Durham. Durham is a member of the Constitutional Revision Commission, a body that reviews proposed constitutional changes and makes recommendations to the Legislature. The CRC took no action on the proposed amendment when it met last week but will consider it again in January.
Leavitt gets no direct say in constitutional amendments. Once passed by two-thirds of the House and Senate they go directly on the ballot, he doesn't get a chance to veto. Leavitt said he hasn't seen Walsh's amendment and didn't have much to say about it.
"If the people decide to (change the constitution) to allow (legislators to call themselves into session), then that will be a standard we all have to live by," the governor said.
No one can give a real good reason why the Utah Constitution prohibits lawmakers from calling themselves into session. CRC vice chairwoman Jean Bickmore White says most of the state constitutions adopted at the end of the 19th century had such "boiler plate" language.
But it's language that's been a thorn in the side of Utah lawmakers for years.
When the governor does call lawmakers into special session you should see the maneuvering that goes on behind the scenes, as leaders and the governor debate which issues will be considered, which won't, and even argue over the language of his agenda call. By using restrictive language, the governor can stop legislators from even considering ancillary issues.
Most state legislatures can call themselves into special session -- a time separate from the regular general sessions in which they meet each year.
"Thirty (state) legislatures can call themselves in," said Rep. Richard Walsh, R-Cottonwood Heights, sponsor of the constitutional change. In most states, it only takes a majority vote of lawmakers to bring themselves in, he said.
And Walsh favors a majority vote. "Most of the decisions we make (in the Legislature) require only a majority vote. So a majority is appropriate" in calling a special session, also, he said.
But several members of the CRC, who are also lawmakers, said it would be better for the threshold to be a two-thirds vote of lawmakers to call themselves into session.
"With just a majority vote, the majority party could force the minority party into a special session," said Sen. Howard Nielson, R-Provo. And that could be an abuse of power.
Nielson served in the Utah House in the 1970s when Democrats, not Republicans, controlled the body. And he said he remembers how it felt to be in the minority. Few currently serving Republicans know that little-kid feeling; the House and Senate have been controlled by Republicans for the past 25 years.
House Minority Leader Dave Jones, D-Salt Lake, said lawmakers should be able to call themselves into session. "But it should be a two-thirds vote to do so."
Requiring a two-thirds vote could also save a lot of time and pain. If a majority called themselves into session and passed a controversial statute in a close vote, the governor could just veto the bill. And lacking a two-thirds vote, the Legislature then couldn't override that veto. All the work and pain of a special session for nothing.