Governor vetoes 5 bills on last day for action


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SALT LAKE CITY — Gov. Gary Herbert vetoed five bills Wednesday, including one that would have designated a segment of I-15 in honor of late House Speaker Becky Lockhart.

Controversy surfaced around HB385 after veterans rallied Monday urging the governor to veto the bill because it would rename parts of the freeway that is currently designated as Veterans Memorial Highway.

Herbert said he received a phone call Wednesday afternoon from Stan Lockhart, the former speaker's husband, requesting that he veto the bill.

“I have opted to honor his wishes,” Herbert said in a prepared statement. “While I am disappointed by the controversy that seemed to diminish the Legislature’s recognition of Speaker Lockhart, I am committed to working with lawmakers and the Lockhart family to find an appropriate memorial to honor the memory of this historic leader."

Since Herbert took office in 2009, he has vetoed at least one bill a year and typically rejects a handful. The state’s last veto-free year was 2007, when former Gov. Jon Huntsman Jr. was in office.

Other vetoed bills

Along with HB385, the governor vetoed four other bills and included explanations for his decisions in letters to the Legislature.

SB249 would have allowed vehicles to cross railroads when guard gates rise and before warning lights stop flashing.

Herbert said if SB249 were to be allowed into law, it would endanger the safety of Utah drivers. Train-vehicle accidents are almost always fatal, he said.

"Waiting at a flashing light for a few seconds may be inconvenient to some, but that small inconvenience prevents many unnecessary and devastating accidents," Herbert said.

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SB278 would have modified the Motion Picture Incentive Fund by increasing the maximum cash rebate incentive from $500,000 to $2.5 million for a motion picture project.

Herbert said he vetoed SB278 because increasing the tax incentive "is not the most effective use of the important but limited available incentive dollars." He also said the bill was "premature" because the Utah Film Commission is in the process of developing a long-term plan for the state to attract filming activities to Utah.

HB197 would have required the State Board of Education to make certain rules regarding administrative or supervisory licensing.

Herbert said he vetoed the bill because administrative licensing is the responsibility of the State Board of Education, which is already in the process of revising requirements for administrative preparation programs and administrative licensure requirements. He encouraged the board to consider the input of bill's sponsor, Rep. Kim Coleman, R-West Jordan, when reviewing the requirements.

SB94 would have amended provisions related to a credit against or refund of an overpayment of corporate franchise or income taxes.

Herbert said he vetoed SB94 because the 2017 effective date of the bill meant the cost of implementation was not funded and not prioritized as part of the budget process. Also, because the tax policy is intended to be retroactive to January 2015 but the effective date is not until 2017, the bill creates an inconsistency and "needlessly complicates its implementation," he said.

"I have committed to the sponsor to bring this bill back in the upcoming special session to pass the legislation with consistent dates," Herbert said.

Herbert also vetoed three line items within SB3 that relate to bills that did not pass by the end of the 2015 Legislature. The line items would have sent $31,500 to the Utah Lieutenant Governor’s Office, $141,500 to the State Board of Education.


While we sometimes disagree with the executive branch, we respect the governor's work, and the checks and balances of our constitutional system.

–Senate President Wayne Niederhauser, R-Sandy


Veto override potential

Senate President Wayne Niederhauser, R-Sandy, issued a statement Wednesday in response to Herbert's decision to veto the bills and line items, saying he will send out a ballot to Utah's 29 state senators asking them to cast a vote for or against an override session as part of the veto override process directed by the Utah Constitution.

House Speaker Greg Hughes, R-Draper, will poll his members as well, Niederhauser said.

"While we sometimes disagree with the executive branch, we respect the governor's work, and the checks and balances of our constitutional system," the Senate president said.

If two-thirds of each chamber opts to convene an override session, the Legislature will be called back to the Capitol on or before May 11.

Niederhauser said the results of the veto override poll will be announced April 16.

Passed bills

The governor chose to allow three bills to go into law without his signature, including a bill that would give Herbert a substantial pay raise.

HB368 grants the state’s top executive $150,000 a year, a nearly 37 percent increase. It also gives Attorney General Sean Reyes, Lt. Gov. Spencer Cox, State Auditor John Dougall and State Treasurer Richard Ellis increased salaries that will take effect in 2017.

The attorney general will make $142,500, and the state’s other three elected executives will get $135,000 a year. The raises will cost the state $250,000 per year. The salary increases were based on recommendations from the Utah Elected Official and Judicial Compensation Commission.

Herbert also allowed SB71, which sets the maximum salary for the chairman and commissioners of the State Tax Commission, and SB116, which requires a local education agency to provide dropout recovery services, to go into law without his signature.

The 2015 Legislature passed a total of 528 bills, of which 495 required actions by the governor. Wednesday was Herbert’s final day to take action on those bills.


Katie McKellar is a Dixie State University graduate with a bachelor of science in mass communication. Before interning at Deseret News, she reported and edited news content for Dixie Sun News, first as Photo Editor, then as Features Editor. Email: kmckellar@deseretnews.com

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