Constitutional Revision Commission independence may end

SALT LAKE CITY – Utah's Constitutional Revision Commission met Monday for what may be the last time as an independent entity.

"We're not able to set another meeting," the commission's chairman, retired Judge John Memmott, told the group of lawmakers, attorneys and others appointed by the governor and legislative leaders to review state constitutional amendments.

Memmott said SB44, which passed the Senate Monday, "substantially changes" the role the commission by allowing only the governor or the Legislature to call meetings.

The bill, sponsored by Sen. Margaret Dayton, R-Orem, also places similar restrictions on another advisory body, the Utah Tax Commission, but the focus was on the constitutional commission.

"I think they have been acting outside the authority we intended to give them," said Sen. Howard Stephenson, R-Draper, during the Senate's debate Friday.

Stephenson said the constitutional revision commission has become a political body dispensing political advice rather than technical advice.

"If I had my druthers, I'd just repeal the Constitutional Revision Commission entirely, but I don't know if that's possible at this time," he said.

Dayton isn't willing to go that far but said Utah is the only state that has a standing constitution review commission.

"We need to have these commissions available for input," she said.

Senate Minority Leader Ross Romero, D-Salt Lake, disagreed the constitutional commission has strayed from its course. Commission members, he said, look out for the state's best interests.

"I think they are providing a valuable service," Romero said.

But the commission apparently upset some lawmakers last year by pushing for a review of a proposed constitutional amendment banning affirmative action. That amendment has yet to surface this session.

Commission members did not discuss Memmott's statements about the potential effects of the legislation, instead choosing to adjourn.

During their meeting, they also took no action on a pair of proposed constitutional amendments requiring a "supermajority" vote to raise state or local taxes.

The sponsor of HJR1, Rep. Carl Wimmer, R-Herriman, was not at the Capitol Monday and did not attend the meeting to explain why he believes the amendment is needed.