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Joe Pyrah
Would a governor dare sign an agreement with a Native American reservation to bring gambling to a state without clearing it through lawmakers? Not likely. Well, not in Utah anyway.
But what about an agreement to curb greenhouse emissions?
When Gov. Jon Huntsman Jr. signed Utah onboard the six-state Western Climate Initiative last May, lawmakers were less than thrilled. Now they're looking to pass legislation that would prohibit the governor from signing such agreements without their consent.
It is perhaps interesting to note that when Huntsman signed the climate agreement, Huntsman's spokeswoman Lisa Roskelley told the Copley News Service "This is above politics."
Sen. Scott Jenkins, R-Plain City, said he formulated Senate Bill 144 with the help of Senate leaders after seeing governors from Florida and Kansas sign agreements that their legislators didn't agree with, namely gambling establishments.
"This is an issue that's becoming prevalent in states," Jenkins said. "If it's a solid agreement, the Legislature will go along with it."
While Jenkins and Sens. John Valentine and Curt Bramble say they were working on legislation before Huntsman signed the environmental pact, it certainly falls within the parameters they're trying to legislate.
Bramble, R-Provo, said the bill is intended to keep governors from signing agreements that are "cause du jour."
The governor's office is wary of the bill.
"There's a delineation of powers among the three branches, and the governor needs flexibility to do some things," Roskelley said. That said, the governor will wait to see the bill if and when it hits his desk for a signature.
The ebb and flow of powers is something you're going to get in a democracy, said Kelly Patterson, director for Center for the Study of Elections and Democracy.
"This is the kind of dispute you should be having," he said. "It's a reflection of what the separation of powers is about anyway."
Sen. Patricia Jones, D-Salt Lake City, argues against the bill.
"It seems very heavy handed to me. Doesn't the Legislature already have oversight because we hold the purse strings?" she asked.
The response to that, says Valentine, R-Orem, is that governors can currently sign binding agreements that will cost the state money, forcing lawmakers to come up with the funds.
The bill passed its second reading the Senate 26-2 and will require one more vote before it's passed to the House.
SB 144
Sponsored by: Sen. Scott Jenkins, R-Plain City
Parameters on Governor's Ability to Enter Agreements Binding the State -- This bill would require legislative approval of certain interstate agreements. |
