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Senate rejects amendment that would have allowed Legislature to call itself into special session

Utah State Senate · February 4, 2002
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Summary

After extended debate, the Senate voted down a first substitute to Senate Joint Resolution 5 that would have allowed the Legislature to call itself into special session (limited by a later amendment to budgetary matters and a two‑thirds requirement). The measure failed 10–18.

The Utah Senate on Feb. 4 rejected a proposed constitutional amendment (first substitute SJR 5) that would have given the Legislature the power to call itself into special session under specified conditions. Debate ran for more than an hour, with sponsors presenting the change as a budget management tool and opponents calling it an unnecessary and risky power shift from the governor.

Sponsor Senator Hickman said the authority would be tightly constrained — the version discussed on the floor limited the use to budgetary matters and required a two‑thirds vote of both houses — and argued it would allow the Legislature to act when fiscal emergencies arise. Senator Poulton and others described the amendment as a way to enable the Legislature to respond more promptly to budget shortfalls without relying solely on the governor.

Opponents voiced constitutional and practical objections. Senator Hilliard and others pointed to the historic role of the governor in calling special sessions and warned that a self‑call provision could be used politically in future years. Concerns included diminished public input in short special sessions, the potential for legislative pressure tactics, and the risk that a future majority might expand the frequency or scope of sessions. Several senators recommended that any procedural polling or timing rules be handled by chamber rules rather than the constitution.

After prolonged floor debate that explored safeguards, timing, the meaning of 'budgetary' and the two‑thirds threshold, the Senate held a roll‑call vote. The first substitute failed, recorded as 10 ayes, 18 nays and 1 absent. The clerk announced the failed motion and instructed staff to file the measure.

Senators on both sides said they would continue discussing constitutional and statutory changes needed to clarify the process for special sessions and polling of members, but the failed vote halted the proposed amendment at this stage.