ALERT: Senators Forced to Vote on Prop2 "Compromise"
Today, in an unprecedented move, Senate President Wayne Niederhauser sent the email below to State Senators, compelling their attendance at a planned Special Session on December 3, 2018. Declaring that the “compromise” bill [that The Utah Bee has reported was drafted by the Mormon Church] must be enacted immediately, President Niederhauser noted that an immediate effective date requires passage by 2/3 of the Legislators in each chamber. He then stated that he would compel Senators attendance, if necessary. His email states, “I will not hesitate to order the sergeant-at-arms to find and ensure your attendance.”
From: Wayne Niederhauser <wniederhauser@le.utah.gov>
Date: November 15, 2018 at 5:40:59 PM MST
To: Senators <LS-SENATORS@le.utah.gov>
Cc: Senate Staff <SenateStaff@le.utah.gov>
Subject: Special Session attendance
Senators,
The Governor will call a special session on December 3 to address the medical cannabis bill. While the exact time has not been determined, it’s anticipated to begin in the morning and will end in the afternoon.
Based upon the current results, Prop 2 will pass and go into effect on Saturday, December 1. The earliest opportunity for the Legislature to convene is December 3. Each of you have received a calendar invite holding December 3 as the date of the special session. Specific details as to the exact time will be provided in the coming days.
It is important to have every Senator attend the special session. To avoid legal issues, legal questions and public confusion, this bill needs an immediate effective date and thus must pass by a two-thirds majority. Specifically, law enforcement is very concerned with the “affirmative defense” provision in Prop 2, which protects medical cannabis users from criminal conviction, whether or not they have received a medical cannabis card.
Please make every effort to be in attendance. Several senators have already indicated they may not be available to attend, and this concerns me. While I understand you may have prior obligations and commitments, this will be a critical special session and requires each of you to attend.
I understand emergencies may arise, but it is my expectation that each of you be in attendance. If you believe you’re not able to attend, please call me directly as soon as possible.
As Senate President, I can compel attendance of absent senators. While I don’t believe that will be necessary in this case, due to the importance of the special session, I will not hesitate to order the sergeant-at-arms to find and ensure your attendance.
I thank each of you in advance. I know the difficulties this may have on your personal and professional lives, but this is one of the few times I’m willing to exercise my discretion to ensure your attendance.
Please let me know if you have any questions.
President Niederhauser