House Overrides Governor’s Veto on Bill Letting Legislature Intervene in Lawsuits; Restores $700,000 to Fund Implementation

The Utah House of Representatives voted on April 18 to override the governor’s veto of Senate Bill 171, a measure that would give the legislature an unconditional right to intervene in lawsuits challenging state statutes, and separately restored a $700,000 line item in House Bill 3 to fund potential implementation.

Representative Nelson, the floor sponsor, told colleagues the bill ‘‘authorizes the legislature to specify who may have the right to intervene in a legal action’’ and said the measure is intended to ensure the legislature’s intent in passing laws can be presented directly in court. ‘‘If the attorney general were to refuse to defend the law,’’ Nelson said in opening remarks, ‘‘our hands are tied. We have no remedy. We have no voice.’’

Supporters argued the measure protects the institutional voice of the legislature and can be used sparingly when the attorney general declines to defend a statute or when the legislature’s perspective on legislative intent would assist the court. Representative Quinn said the change is about ‘‘how we, as a legislature, reserve to ourselves the right to communicate with the judiciary,’’ and said he planned to vote for the override.

Opponents warned of procedural and constitutional risks. A long-practicing trial attorney on the floor cautioned that intervention could subject the legislature to discovery, cross-claims and other litigation exposure, and urged caution about becoming a party to lawsuits. Representative Fosse warned the bill could intrude on separation-of-powers principles, citing concerns about judicial independence.

Nelson responded to those concerns, saying the legislature would retain legislative immunity for passing laws and could constrain interventions by using the legislative management committee to decide when to participate. He argued an amicus brief is a permissive tool that courts may decline to consider, while SB171 would make legislative intervention a right when the statute is challenged.

After floor debate, the House voted to override the governor’s veto of Senate Bill 171. The motion to override passed 55–15 and will be returned to the Senate and transmitted to the lieutenant governor for filing.

Immediately after the SB171 vote, members considered overriding the governor’s line-item veto of House Bill 3, line item 295, an appropriation tied to SB171’s implementation. Representative Last, the floor sponsor on the funding question, described the $700,000 appropriation as contingency funding: if the legislative management committee determines intervention is necessary, the money could be used ‘‘to hire up to 3 attorneys, 1 paralegal and 1 secretary,’’ but hiring would be controlled by the management committee and subject to the usual budget process. ‘‘We are not going to go out and hire people immediately,’’ the sponsor said.

The House voted to override the line-item veto on HB3, restoring the $700,000 appropriation; the vote passed 61–8 and will be transmitted to the Senate for its consideration.

The House clerk also read a Senate communication noting the Senate had earlier overridden the governor’s veto of SB171 and other measures. After the votes the House took a brief recess on a motion to "saunter."