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Senate amends proposed constitutional trust fund for tobacco settlement money, adds supermajority protection

Utah State Senate · February 25, 2000
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Summary

The Senate debated and amended a proposed constitutional trust fund for tobacco-settlement savings, adopting an amendment requiring three-fourths legislative approval plus the governor to touch the principal before moving the measure toward final consideration.

Salt Lake City — On Feb. 25, 2000, the Utah Senate debated a proposed constitutional trust fund intended to receive and invest proceeds from tobacco-settlement savings and voted to add a stricter protection for the fund’s principal.

Senator Hillier introduced an amendment to the second substitute of SJR 14 requiring that any withdrawal from the fund’s principal occur only with a three‑fourths vote in both legislative chambers and the concurrence of the governor. Hillier told colleagues she wanted a high safeguard so the fund’s principal would not be tapped except in “dire emergency” and to ensure bipartisan agreement for any change.

Sponsor Senator Poulton objected to the amendment, calling it “not friendly” and arguing the fund should remain available to benefit the people of the state. Other senators—including Senator Petersen—spoke in favor of Hillier’s change, citing past experience with reserve funds and the desire for a strong barrier to principal withdrawals.

The amendment carried on the floor and was added to SJR 14. Senators proceeded to call the question on the bill as amended and prepared for roll-call consideration.

Why this matters: the amendment alters the constitutionally oriented governance of settlement proceeds by raising the threshold needed to alter principal — a design choice that would make it substantially harder for future legislatures to reallocate that money for other purposes.

What happens next: the Senate moved the amended measure toward roll-call consideration on Feb. 25; the journal will reflect the amendment, and the measure must still complete legislative procedures required for constitutional changes and final placement before voters if applicable.

Quote: “I would require 3 fourths of votes...and the governor all to concur in touching any of the money,” Senator Hillier said on the floor during debate.

Ending: The amendment introduces a new supermajority safeguard to the trust fund proposal; the Senate forwarded the amended resolution for further consideration the same day.