Concern Over Education Omnibus Bill Draws Lawsuit

May 29, 2008 by Eric Ray

(KCPW News) Representative Sheryl Allen of Davis County is the only seated Republican lawmaker on a list of plaintiffs suing over the constitutionality of an omnibus education bill passed during this year's legislative session. Allen says she is moving forward despite worries of political backlash from House leadership.

"I have some concern, but I have to do what feels right for me," says Allen. "I hope we live in a political system where people's opinions are respected if they are trying to sort out the political process, as we are."

Allen and retiring Democratic Representative Roz McGee of Salt Lake County have joined 36 other lawmakers, former legislators and state school board members as plaintiffs in the suit. Allen says the point of the suit is to clarify whether or not omnibus bills, like Senate Bill 2, are allowed under the state constitution. McGee says this information should be available from legislative staff attorneys and the office of the general counsel before lawmakers consider a bill.

"Several years ago the leadership of the legislature made a change in which the staff is discouraged from warning us as members of the body about possible constitutional problems," says McGee. "We should get back to the original process whereby we get that professional advice and warning. And I'm hoping that will be another change."

The complaint says SB2 violates the portion of the constitution that reads, "no bill shall be passed containing more than one subject, which shall be clearly expressed in its title." As passed, the bill has 22 separate provisions, albeit all relating to education. To listen to a longer conversation about the lawsuit, download a podcast of today's Midday Metro.

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