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SALT LAKE CITY -- An idea for the upcoming Utah legislative session would put an end to the practice of the "boxcar" bill.
In simple terms, this is when legislators open an empty bill file at the beginning of the session, which they can then introduce later - potentially at the last minute. The resolution to end the practice suggests it's not transparent, or in the public interest.
Usually, there are at least a few boxcar bills every session. Some say it would be like going to a restaurant and the waiter handing you a blank menu, until the last minute, right before you have to order.
Most of the time, the public isn't aware if a bill the Legislature passes has been a boxcar bill or not. There generally isn't any problem with the practice.
Maybe we can use the nice word, shenanigans, but there's a secrecy inherently involved with slipping a bill in at the last moment with the idea that they can pass without appropriate oversight.
–Tim Chambless
But when it does matter, it's a situation that some say is akin to manipulating the system.
"Maybe we can use the nice word, shenanigans, but there's a secrecy inherently involved with slipping a bill in at the last moment with the idea that they can pass without appropriate oversight," said Tim Chambless with the Hinckley Institute of Politics.
An example of last-minute controversy happened two years ago -- HB477 proposed major changes to the state's GRAMA, or open records laws. But it wasn't revealed until the final days of the regular session, causing a massive public outcry. The bill was later overturned.
To avoid situations like that, Sen. Aaron Osmond, R-South Jordan, is proposing a joint resolution to end boxcar bills. He would require a bill title and description two weeks before the Legislature convenes.
"That way the public has an opportunity to respond and ask questions before it's debated in a committee or comes to the floor," he said.
But Osmond still supports an existing rule that allows lawmakers to propose a last-minute bill, which requires a two-thirds vote of approval from the House and the Senate.
Another part of Osmond's resolution would shorten the amount of time a bill can be circled, or put on hold, during the session. Many times bills are put off, creating a last-minute rush.
"It is very challenging to thoroughly understand a piece of legislation when you're trying to get through literally hundreds of bills at the end of the session," said Osmond.
Lawmakers use boxcar bills to give them flexibility, but if this tool were to go away, there are still plenty of other ways to introduce new ideas during the session.
