The Legislature, meeting in a one-day special session, literally cut the council out of the decision-making process by amending Utah's school district division law, giving legislative bodies representing 80 percent of the population seeking a district split the power to place the issue on November's ballot.

Because the city councils of Sandy, Cottonwood Heights, Draper, Midvale and Alta already have agreed to place the split question on the ballot, the Legislature's decision means the debate is over despite the fact that the Salt Lake County Council hasn't yet decided whether to support putting the split up for a vote.

Jordan will be divided this fall if east-side voters say so - unless Gov. Jon Huntsman Jr. vetoes Wednesday's changes to Utah law.

County council members condemned lawmakers' actions.

"It is extremely disrupting and certainly not good government," Councilman Jim Bradley said.

The decision to sidestep the council's vote, which likely would have kept a Jordan split vote off the fall ballot, irked Councilman David Wilde, who called it a repeat of Real Salt Lake situation.

In that instance, the council rejected a proposed stadium for the soccer team, only to have a plan resurrected by lawmakers.

"We are trying to do our job," Wilde said. "I feel good about what we did. But because we didn't satisfy them, they cut us out."

He called the change to Utah law a contradiction for a Legislature that has battled for local control when faced with federal intervention.

"When it comes time for them to show the same respect to local governments that they expect from the federal government, they just don't do it."

If Jordan divides, the action would be extraordinary because districts nationwide have historically combined rather than split.

Critics of the effort have challenged its constitutionality because only residents of the break-away district will be allowed to vote to form a new district even though west-side residents will be affected.

West-side cities already have set aside funds for a potential lawsuit.

Earlier this summer, Utah's attorney general issued an opinion stating there is a "substantial likelihood" the division law would hold up in court.

Lawmakers' change, which was approved overwhelmingly by the House and the Senate, is not expected to impact a proposal to split the Granite district because the county council represents more than 20 percent of the population that would be affected by the Granite proposal.

The council therefore could vote against placing the split on the ballot and the debate would stop there - at least for now.

The county council represents a mere 4 percent of the new district on the east-side of Jordan, legislators said.

The Legislature on Wednesday did briefly consider another amendment to the district split law that would have enabled everyone affected by a split to vote rather than just those residents who live within the boundaries of a proposed new district.

Opponents of the change argued the district split law is modeled after state law that enables residents to incorporate to form new cities. Under that law, only residents who would be part of a new city are allowed to vote.

Legislators made reference to both the Revolutionary and Civil wars as they made their points. "I don't believe the English voted on having the colonists break away," said Sen. Pat Jones, D-Holladay. " I don't see much difference there."

The Senate voted down a districtwide vote provision though several senators said they wanted to discuss the possibility in a future legislative session.

"It's nothing short of treason to steal or deny a person that right to vote," said Sen. Ed Mayne, D-West Valley City. "For those who say people shouldn't have that right, [they] turn their back on democracy and turn their back on our constitution - it is truly time to allow the people to vote on this issue."

jlyon@sltrib.com,

jstettler@sltrib.com