Utah Constitutional Amendment C, Changes Related To Special Legislative Sessions And State Revenue Measure (2018)
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| Utah Constitutional Amendment C | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic State legislatures measures | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
A "yes" vote supported the amendment to:
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A "no" vote opposed amending the state constitution to:
|
Contents
Election results[edit]
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Utah Constitutional Amendment C |
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| Result | Votes | Percentage | ||
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636,034 | 63.42% | ||
| No | 366,921 | 36.58% | ||
Measure design[edit]
[edit]
As of 2018, legislative leaders could not call the state legislature into a special session. Only the governor had the power to convene a special legislative session.[1] The Utah Constitution provides for (1) the legislature to meet annually for a regular 45-day session and (2) allows the Governor to convene the legislature in a special session.
Constitutional Amendment C allowed the President of the Senate and Speaker of the House of Representatives to call the legislature into session for up to 10 days through a two-thirds vote of approval of legislators in each chamber to address, according to the amendment, “a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the State.” Under the measure, at least 30 days need to pass following the adjournment of the general session for legislative leaders to call a special session. Under the measure, the legislative session is prohibited from addressing matters not outlined in the proclamation to hold a session. Amendment C required that appropriations made during a special session called by the legislature can not be greater than 1 percent of the annual budget for the preceding fiscal year. The measure also allowed special sessions to be held at a location other than the Utah State Capitol when meeting at the capitol is not feasible due to an epidemic, disaster, foreign attack, or public catastrophe.[1]
[edit]
The governor is required, under the measure, to either (1) reduce proportionately the amount of money spent or (2) convene a special legislative session if the state's expenses exceed the state's revenue for a fiscal year.
Text of measure[edit]
Ballot title[edit]
The ballot title for Constitutional Amendment C was as follows:[2]
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Shall the Utah Constitution be amended to:
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Impartial analysis[edit]
The impartial analysis for Constitutional Amendment C was as follows:[2]
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Fiscal impact[edit]
The fiscal impact statement for Constitutional Amendment C was as follows:[2]
| “ |
If the Legislature follows past practice and convenes into session on days when the Legislature is holding meetings anyway, Amendment C will not have a material impact on state costs. The legislative fiscal analyst estimates that the Legislature convening into session on a day other than a day when the Legislature is holding meetings anyway will increase state costs by $50,000 for each day the Legislature is convened in session. [3] |
” |
Constitutional changes[edit]
- See also: Article VI, Article VII, and Article XIII of the Utah Constitution
Constitutional Amendment C amended section 2 of Article VI, section 16 of Article VI, section 7 of Article VII, and section 5 of Article XIII of the Utah Constitution. The following underlined text was added added, and struck-through text was deleted:[1]
Note: Use your mouse to scroll over the below text to see the full text.
Article VI, Section 2. [Time and location of annual general sessions -- Location of sessions convened by the Governor or Legislature -- Sessions convened by the Legislature.] (1)Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the fourth Monday in January. (2) A session convened by the Legislature under Subsection (3) shall be held at the seat of government, unless convening at the seat of government is not feasible due to epidemic, natural or human-caused disaster, enemy attack, or other public catastrophe. (3) (a) The President of the Senate and Speaker of the House of Representatives shall by joint proclamation convene the Legislature into session if a poll conducted by the President and Speaker of their respective houses indicates that two-thirds of all members elected to each house:
(b) The joint proclamation issued by the President and Speaker shall specify the business for which the Legislature is to be convened, and the Legislature may not transact any business other than that specified in the joint proclamation, except that the Legislature may provide for the expenses of the session and other matters incidental to the session. (c) The Legislature may not be convened into session under this Subsection (3) during the 30 calendar days immediately following the adjournment sine die of an annual general session of the Legislature. (d) In a session convened under this Subsection (3), the cumulative amount of appropriations that the Legislature makes may not exceed an amount equal to 1% of the total amount appropriated by the Legislature for the immediately preceding completed fiscal year. (e) Nothing in this Subsection (3) affects the Governor's authority to convene the Legislature under Article VII, Section 6. Article VI, Section 16. [Duration of sessions.] [ (1) no annual general session of the Legislature may exceed 45 calendar days,
excluding federal holidays[ (2) [ (3) no session of the Legislature convened by the Legislature under Article VI, Section 2, Subsection (3) may exceed 10 calendar days. Article VII, Section 7. [Adjournment of Legislature by Governor.] In case of a disagreement between the two houses of the Legislature at any special session convened by the Governor under Article VII, Section 6, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as the Governor may think proper if it is not beyond the time fixed for the convening of the next Legislature. Article XIII, Section 5. [Use and amount of taxes and expenditures.] (1) (a) The Legislature shall provide by statute for an annual tax sufficient, with other revenues, to defray the estimated ordinary expenses of the State for each fiscal year. (b) If the ordinary expenses of the State will exceed revenues for a fiscal year, the Governor shall: (i) reduce all State expenditures on a pro rata basis, except for expenditures for debt of the State; or (ii) convene the Legislature into session under Article VII, Section 6 to address the deficiency. (2) (a) For any fiscal year, the Legislature may not make an appropriation or authorize an expenditure if the State's expenditure exceeds the total tax provided for by statute and applicable to the particular appropriation or expenditure. (b) Subsection (2)(a) does not apply to an appropriation or expenditure to suppress insurrection, defend the State, or assist in defending the United States in time of war. (3) For any debt of the State, the Legislature shall provide by statute for an annual tax sufficient to pay: (a) the annual interest; and (b) the principal within 20 years after the final passage of the statute creating the debt. (4) Except as provided in Article X, Section 5, Subsection (5)(a), the Legislature may not impose a tax for the purpose of a political subdivision of the State, but may by statute authorize political subdivisions of the State to assess and collect taxes for their own purposes. (5) All revenue from taxes on intangible property or from a tax on income shall be used to support the systems of public education and higher education as defined in Article X, Section 2. (6) Proceeds from fees, taxes, and other charges related to the operation of motor vehicles on public highways and proceeds from an excise tax on liquid motor fuel used to propel those motor vehicles shall be used for: (a) statutory refunds and adjustments and costs of collection and administration; (b) the construction, maintenance, and repair of State and local roads, including payment for property taken for or damaged by rights-of-way and for associated administrative costs; (c) driver education; (d) enforcement of state motor vehicle and traffic laws; and (e) the payment of the principal of and interest on any obligation of the State or a city or county, issued for any of the purposes set forth in Subsection (6)(b) and to which any of the fees, taxes, or other charges described in this Subsection (6) have been pledged, including any paid to the State or a city or county, as provided by statute. (7) Fees and taxes on tangible personal property imposed under Section 2, Subsection (6) of this article are not subject to Subsection (6) of this Section and shall be distributed to the taxing districts in which the property is located in the same proportion as that in which the revenue collected from real property tax is distributed. (8) A political subdivision of the State may share its tax and other revenues with another political subdivision of the State as provided by statute. (9) Beginning July 1, 2016, the aggregate annual revenue from all severance taxes, as those taxes are defined by statute, except revenue that by statute is used for purposes related to any federally recognized Indian tribe, shall be deposited annually into the permanent State trust fund under Article XXII, Section 4, as follows: (a) 25% of the first $50,000,000 of aggregate annual revenue; (b) 50% of the next $50,000,000 of aggregate annual revenue; and (c) 75% of the aggregate annual revenue that exceeds $100,000,000. [3] |
Readability score[edit]
- See also: Ballot measure readability scores, 2018
| Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Office of Legislative Research and General Counsel wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. |
Support[edit]
Supporters[edit]
Rep. Brad Wilson (R-15) and Sen. Daniel Hemmert (R-14) sponsored Constitutional Amendment C and authored the official support arguments for it.[1][4]
Arguments[edit]
Official argument[edit]
The following official argument was submitted in favor of Constitutional Amendment C:[4]
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Vox populi. The “voice of the People.” That phrase refers to the Legislature, the People’s elected representatives. Yet currently in Utah, that voice is effectively silenced more than ten months of the year. Even if facing a critical need affecting Utah residents, the Legislature is without power to speak for the People to address and resolve that need without gubernatorial permission. Constitutional Amendment C enables the voice of the People to speak for them any time there is a critical need – not just during the 45 days of the annual general session. Those instances will be rare, but the residents of Utah should not be deprived of their voice when there is an immediate need for action. Constitutional Amendment C specifies the very limited circumstances under which the Legislature can be called into session outside the annual 45-day general session. First, two-thirds of all members of both the Senate and House of Representatives must agree that convening the Legislature is necessary because of a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of state. Second, the session cannot be convened within 30 days of the annual 45-day general session and can last no more than 10 calendar days. Finally, only 1% of the state’s annual budget could be affected during the session. In addition to allowing the voice of the People to speak on a critical issue facing the state, Constitutional Amendment C also provides a safeguard against the state spending more than it takes in. The Amendment enables the Governor to reduce state expenditures to avoid overspending or to call the Legislature into session to deal with the shortfall. The residents of 35 other states have the ability for their voices to be heard through their elected representatives in a session convened by their legislatures. Utah’s residents also deserve to have their voice heard through their elected representatives in the Legislature in a moment of critical need. Constitutional Amendment C ensures that the People’s voice will have the opportunity to be heard if and when that moment arises. Vote FOR Constitutional Amendment C[3] |
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| Click [show] to see the rebuttal to the official opposition argument | |||
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Opposition[edit]
Opponents[edit]
The following legislators voted against referring Constitutional Amendment C to the ballot:[1]
- Sen. Jim Dabakis (Democratic-2)
- Sen. Lyle Hillyard (Republican-25)
- Sen. Evan Vickers (Republican-28)
- Sen. Todd Weiler (Republican-23)
Sen. Hillyard authored the official argument in opposition to Constitutional Amendment C.[4]
Arguments[edit]
Official argument[edit]
The following official argument was submitted in opposition to Constitutional Amendment C:[4]
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In my experience, special sessions can be nightmares. The notice is usually short and the session is only one day. These problems prevent the general public and those with concerns about unintended consequences of proposed legislative action from being able to express their concerns and help improve the legislation. This public input is what makes the legislative process work. Currently, a special session can only be called by the governor, who must set the agenda. The legislature is free to approve, amend or reject the presented issue. This process has worked well over the last 100+ years as established in our state Constitution. The mischief can occur when others try to add additional items to the agenda that may at first appear simple, but public debate and input may reveal unintended consequences that we need to consider. This proposed change would allow the legislature to bypass the governor by the legislature calling a special session, even over the governor’s objection, and then pass bills with a 2/3 majority leaving him no power to veto. Finally, I am concerned about the constant pressure to move us from a part-time to a full-time legislature. Adding the power for the legislature to call a special session puts added pressure on legislators to continue meeting. We do enough damage in the regular 45-day session.[3] |
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| Click [show] to see the rebuttal to the official support argument | |||
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Campaign finance[edit]
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
}}
Ballotpedia had not identified any committees registered in support of or in opposition to the measure.
Media editorials[edit]
- See also: 2018 ballot measure media endorsements
Support[edit]
Ballotpedia did not identify any media editorials supporting Amendment C. If you are aware of one, please send an email with a link to editor@ballotpedia.org.
Opposition[edit]
- The Salt Lake Tribune said: "Amendment C is a pernicious idea that is designed to upset a constitutional balance of power that has been working rather well in Utah for more than a century. But the question here is not about some Platonic ideal of a Constitution and Legislature, but about the known proclivities of the Utah Legislature. This is a body that already has a nasty habit of cooking up, rushing through and adopting major policy decisions, effectively in secret due to the inability of the press and public to keep up. This is a habit that would only be made more troublesome and more common if lawmakers had the power to call snap special sessions for purposes that would likely become clear only after the dirty work was done. The part of the Utah Constitution that Amendment C would fix is not broken. It should be rejected by the ultimate authority of the state, the voters."[5]
Background[edit]
Convening special sessions by state[edit]
Before the passage of Amendment C, Utah was one of 15 states where only the governor had the power to call the legislature to convene a special session. Following passage of Amendment C, in Utah and 35 other states states, either the governor or the state legislature could call the legislature to convene a special session.[6]
Gov. Herbert and the resignation of U.S. Rep. Chaffetz[edit]
When U.S. Rep. Jason Chaffetz (R-3) resigned from office on June 30, 2017, Gov. Gary Herbert (R) called a special election to fill the vacant seat for November 7, 2017.[7] In a joint meeting of state House Republicans and Democrats, House Speaker Greg Hughes (R-51) said legislators believed the power to determine the special election process for congressional seats was the legislature's, not the governor's.[8] The Senate and House Republicans voted in caucus meetings to ask the governor to convene a special session to clarify the special election process in statute.[9] Gov. Herbert did not call a special session of the legislature.[10]
According to House Majority Leader Brad Wilson (R-15), the 2018 amendment would allow the legislature to convene itself to address an emergency is state affairs. He said the conflict over who had the power to call a special election would have counted as an emergency in state affairs.[11]
Path to the ballot[edit]
- See also: Amending the Utah Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the Utah State Senate and the Utah House of Representatives.
This amendment was introduced by its sponsor Rep. Brad Wilson (R-15) as House Joint Resolution 18 on February 22, 2018. On February 27, 2018, the state House voted 73-1, with one not voting, to pass HJR 18. In the Senate, the amendment was amended and approved 24-4, with one not voting, on March 7, 2018. The House unanimously concurred with the Senate amendment on the same day, certifying the amendment for the ballot.[1]
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How to cast a vote[edit]
- See also: Voting in Utah
Poll times[edit]
In Utah, all polling places are open from 7 a.m. to 8 p.m. An individual who is in line at the time polls close must be allowed to vote.[12]
Registration requirements[edit]
To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Sixteen- and 17-year-olds may preregister to vote, and 17-year-olds may vote in primary elections when they will turn 18 by the general election.[13][14] Registration can be completed online or by mailing in a form.[15] The deadline to register is 11 days before the election.[16][13][17]
Automatic registration[edit]
Utah does not practice automatic voter registration.
Online registration[edit]
- See also: Online voter registration
Utah has implemented an online voter registration system. Residents can register to vote by visiting this website.
Same-day registration[edit]
In 2018, Utah enacted same-day voter registration; voters may register by provisional ballot.[18]
Residency requirements[edit]
Prospective voters must be residents of the state for at least 30 days before the election.
Verification of citizenship[edit]
Utah does not require proof of citizenship for voter registration.
Verifying your registration[edit]
The Utah Lieutenant Governor’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirements[edit]
See also[edit]
External links[edit]
Footnotes[edit]
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Utah State Legislature, "H.J.R. 18 Proposal to Amend Utah Constitution -- Special Sessions of the Legislature," accessed February 28, 2018
- ↑ 2.0 2.1 2.2 Utah Lieutenant Governor; Elections, "Constitutional Amendment C," accessed September 27, 2018
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 4.0 4.1 4.2 4.3 Utah Lt. Governor, "Arguments for and against Constitutional Amendment C," accessed September 29, 2018
- ↑ Salt Lake Tribune, "Tribune editorial: Yes on Amendment A. No on B. Hell no on C," accessed October 19, 2018
- ↑ NCSL, "Special Sessions," accessed March 18, 2018
- ↑ Deseret News, "Gov. Herbert takes control of special election process to fill Rep. Chaffetz's seat," May 19, 2017
- ↑ Fox 13 Now, "Power struggle emerges over special election to replace Chaffetz in congress," June 20, 2017
- ↑ Deseret News, "Lawmakers want to set rules for replacing Chaffetz," May 17, 2017
- ↑ KUER 90.1, "Hughes Gears Up To Change Special Election Law Following Congressional Race," November 8, 2017
- ↑ KSL, " Utah House wants lawmakers to have power to call special session ," February 28, 2018
- ↑ Salt Lake County Clerk, “Election Day Vote Centers,” accessed October 17, 2019
- ↑ 13.0 13.1 Utah Lieutenant Governor: Elections, “State of Utah Voter Registration Form,” accessed October 8, 2019
- ↑ Utah State Legislature, “Section 101.5 Age requirements for primary elections -- 17-year-olds may vote,” accessed October 8, 2019
- ↑ Vote.Utah.gov, “Learn how to register to vote,” accessed October 8, 2019
- ↑ Utah Lieutenant Governor, “Welcome to the Utah Voter Registration Website,” accessed October 8, 2019
- ↑ Vote.Utah.gov, "State of Utah Voter Registration Form," accessed July 16, 2020
- ↑ Utah State Legislature, “Section 207 Registration by provisional ballot,” accessed October 8, 2019
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