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Senate rejects motion to lift HJR17 after extended debate on constitutional convention risks

Utah State Senate · February 22, 1993
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Summary

Senators debated procedural and legal risks of advancing HJR17, a measure tied to a possible constitutional convention or rescission process, and the roll‑call motion to lift it from rules failed 11–18 after multiple senators raised concerns about validity and timing.

A floor motion to lift House Joint Resolution 17 (HJR17) from the rules and place it on the reading calendar failed after extended debate and a roll‑call vote on Feb. 19.

Senator Bair moved under suspension of the rules to bring HJR17 to the top of the third‑reading calendar, arguing for prompt consideration. Senator Hillard and several colleagues strongly opposed the procedural move, saying the measure raised unresolved legal questions about the validity of rescinding prior calls and the risks of opening the Constitution to an unrestricted convention. Hillard cited discussions with constitutional law scholars and said, ‘‘we can very easily say our rescission is invalid’’ if the legal basis is unsettled.

Senators also framed the decision as a scheduling fairness issue: opponents noted that lifting a house bill for extended debate during the Senate’s last week would imperil pending Senate measures already scheduled for final consideration.

Roll‑call result and outcome

After explanations and several senators’ floor statements, the roll‑call on the motion to lift HJR17 recorded 11 ayes and 18 nays; the motion failed, and the resolution remained in committee. The President recorded his vote as a no with an explanation citing budget priorities and a desire to pressure Congress to balance its budget.

Why this matters: Floor action on HJR17 raised both procedural fairness and substantive constitutional law concerns in the chamber. Several senators said more study and clearer legal guidance are needed before advancing measures that might open or modify constitutional procedures.

Quote: ‘‘I strongly resist this motion,’’ Senator Hillard said, raising procedural and legal objections. ‘‘We can't limit what they do once they get back there.’’

Ending: The motion to lift HJR17 failed on a roll call; senators agreed to proceed to other calendar business.