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Utah House Overrides Part of Appropriations Act, 61-13; Senate Later Upholds Override
Summary
On April 17, 1991, the Utah House voted 61-13 to override Governor Norman H. Bangerter's veto of a portion of item 120 in House Bill 401 (capital planning $592,200). The House added a journal statement disclaiming endorsement of the governor's legal theory; the Senate later approved the override 20-9.
The Utah House of Representatives on April 17, 1991, voted 61-13 to override Governor Norman H. Bangerter's veto of a portion of item 120 in House Bill 401, an appropriations measure that included $592,200 for capital planning. The House then forwarded the override to the Senate, which reported later that it had voted 20-9 to sustain the override and transmit the measure to the lieutenant governor.
Lawmakers debated whether the governor's action constituted a lawful line-item veto or an impermissible strike of a restriction rather than a reduction in an appropriation. Representative Harwood, the sponsor, told colleagues the governor's strike removed a planning restriction but did not appear on the bill's face to reduce the total amount appropriated to the Division of Facilities Construction and Management (DFCM). Harwood said the legislature would override "while noting" it did not accept the governor's legal theory.
Representative Atkinson urged colleagues to override, calling the governor's move a "partial veto" that could set a dangerous precedent if left unchallenged. "If the governor's interpretation of what a line item is is upheld by this body," Atkinson said, "then the executive branch would be able to continue this practice in the future." Supporters argued the override preserved the legislature's control over appropriation structure.
To clarify the record, the House adopted language to be placed in the journal stating: "In overriding the governor's attempted veto of a portion of item 120 in House Bill 401, the legislature does not acknowledge, validate, or endorse the legitimacy or legality of the governor's action." Representative Harward moved that the statement be entered and the House approved it by voice vote.
The House first took voice votes on the motion to override and then recorded the result: the override on House Bill 401, item 120 passed 61 to 13. The Senate subsequently informed the House it had voted 20 ayes and 9 nays to override and returned the measure for transmittal to the lieutenant governor. After completing business related to the override session, the House adjourned.
