The bill's sponsor Sen. Howard Stephenson pulled the deceptively bland-sounding Legislative Direction Relating to United States Senators (SB156 ) from its first committee hearing Wednesday, saying he needs time to amend the measure.
"We have some unanticipated issues with the way it was drafted," the Draper Republican told the Government Operations committee. "The amendment will alter it so it isn't viewed as threatening as it currently is."
He took the action after speaking with Sen. Orrin Hatch, Stephenson confirmed.
The bill essentially takes on the U.S. Constitution's 17th Amendment, which in 1913 took the election of senators away from statehouses and turned it into a popular vote.
Stephenson's bill would make the Legislature's party caucuses central in the selection of a U.S. Senate nominee. Party-selected nominees still would face off in a general election.
The measure also would allow the Legislature to give senators "directives" and demand reports on how they were carried out.
"We have seen Congress ignore the rights of the states," Stephenson said. "I think the mind-set that senators represent the states has been lost."
Stephenson and other Utah lawmakers believe the change tipped the nation's delicate balance of power. The founders wanted senators chosen by the legislatures to give states direct representation in the federal government.
Election by voters has undermined states rights, he said, and has led to states'-rights clashes like No Child Left Behind, federal environmental law and dozens of unfunded mandates.
"I wonder if all these things would have happened if this had been in place in all the states," Stephenson said.
Senate President John Valentine said he spoke to Hatch and Sen. Bob Bennett who are "very concerned" about the measure. Other lawmakers said Hatch in particular was offended by the bill.
"A number of people [in the Legislature] believe in the concepts of the bill," Valentine said, "providing it isn't attacking our senators."
Democratic lawmakers are suspicious of the bill for different reasons. Sen. Karen Hale asked: "Senator, I'm wondering. Do we not have confidence in the people to choose who will represent them?"
Stephenson said he didn't know if his bill will move forward. Most of the negative feedback has involved the nomination part of the bill, he said. "Without that, the bill is quite acceptable to everyone," he said.
"Whether it happens this year or later, I want to pursue this idea," Stephenson said. "Like all good ideas, it takes a long time to educate policymakers."


