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SALT LAKE CITY — Utah voters are deciding whether to amend the Utah Constitution to allow the Legislature more leeway with the money it spends during an emergency.
Right now, the Legislature can appropriate up to 1% of the state's budget when calling itself into a special session. Voting "yes" on Constitutional Amendment A means you approve of them spending up to 5%.
A nonpartisan voter pamphlet estimates that using last year's budget, the legislative body's limit is $277 million in emergency funding. If voters approve the amendment, up to $1.385 billion could be approved.
House Speaker says 'yes' to amendment
House Speaker Brad Wilson calls the added spending a "tool" for lawmakers. He says it is needed in case another emergency halts spending and thus state taxes from bringing in revenue — as COVID-19 did.
"When the economy comes to a screeching halt, the state has to cut the budget to balance the checkbook," Wilson said. "And this provision of raising the ceiling to 5% is going to give us a lot more flexibility."
A 'no' vote on Constitutional Amendment A
Opponents argue the Legislature already has the power to call itself into special session. They say a voter-approved amendment in 2018 allowed for that. They also say this amendment would give the Republican supermajority Legislature more ability to dictate spending priorities.
Prior to that change, the Legislature and governor had to work together to call a special session to appropriate that much money.
The Legislature called itself into special session multiple times in 2020 and some of the agenda items were not related to the COVID-19 pandemic. In May of 2021, legislators called themselves in for two resolutions related to critical race theory and making Utah a Second Amendment Sanctuary City.
Wilson argues that despite this potential new power, legislative checks remain.
"Any appropriation that's done in a legislative-called special session still goes to the governor for his or her approval or veto," he said.
Lawmakers overwhelmingly approved House Joint Resolution 12, Proposal to Amend Utah Constitution – Special Session Appropriations, in the 2021 general session. Utah legislators approved the resolution with the required two-thirds majority. The Senate passed HJR12 unanimously; the House approved HJR12 with a vote of 68-5 with two absent.
That vote sent the proposal to the ballot for Utah's voters to give — or not give — the final OK.
