Suit filed challenging Utah omnibus education bill
The Davis County Clipper reports that a coalition of current and former legislators, members of the Utah State School Board, and other citizens has filed a lawsuit in the state court challenging an omnibus education bill they allege violates the Utah State Constitution provision prohibiting the legislature from passing any bill “containing more than one subject, which shall be clearly expressed in its title.” The bill in question, known as SB2, is entitled “Minimum School Program Budget Amendments.” Some of the plaintiffs believe the bill was a way to push through other failed bills by combining those bills with favorable ones. “I have become increasingly concerned about changing the processes in place that can be abused,” said Utah State Board of Education member Kim Burningham. “To suddenly group whole bills into a package—even defeated bills—is unconstitutional. It forced legislators to vote for it (SB 2) to get the good bills.” Mr. Burningham contends it is appropriate to ask the judiciary to look at the problem. The bill’s sponsor, Sen. Howard Stephenson, dismissed the complaint as having political motives. But both Mr. Burningham and Rep. Sheryl Allen, who is also a plaintiff, insist the group’s intent has nothing to do with politics. “There is no political benefit,” Ms. Allen said. “Any political effort wouldn’t work after a bill is already signed.” According to a statement from the coalition, the suit is not about individuals but rather the “integrity of the constitutional process by which bills are debated and enacted into law.” The coalition says it is open to alternatives such as a special session to vote on each program in SB 2 on its own merits. “I think many people would say there was no need for the suit if that happened,” said Mr. Burningham. “I, and many of the other plaintiffs are just concerned about how this will play out in the future.”
Source: Davis County Clipper, 6/3/08, By Becky Ginos
[Editor’s Note: The legal complaint, below, sets forth the various measures groups together under the heading of “Minimum School Program Budget Amendments.” The bills that had been unable to garner sufficient support as stand-alone measures included legislation on charter school funding, accelerated learning programs (the International Baccalaureate program), early childhood learning and evaluation, and differentiated pay for teachers. Op-eds by lawmakers supporting and opposing the lawsuit also are below.]
Utah SB2 complaint
Salt Lake Tribune, 5/31/2008, By Scott McCoy & Sheryl Allen
Salt Lake Tribune, 6/7/2008, By John Valentine & Greg Curtis