More than a few Utah GOP legislators may be a bit miffed at Republican Gov. Gary Herbert over his veto of HB11.
That’s because, according to comments made by the bill’s sponsor, Rep. Norm Thurston, R-Provo, Herbert actually wanted the bill – which takes away some of the partisanship appointments the governor must make to numerous state boards and commissions.
In the end, Herbert said in his HB11 veto letter, the GOP-controlled Senate broke an agreement Herbert had with Thurston and others (those others include legislative Democrats) that a few politically-sensitive boards SHOULD keep the requirement that only so many appointees can be of one political party – meaning a few must be from Utah’s minority party, the Democrats.
Herbert said that he believed he had a negotiated compromise and that he wants the Air Quality Board, the Water Quality Board, the Public Service Commission (which sets utility rates), and the Alcohol Beverage Control Commission (which runs state liquor stores) to be balanced politically.
In other words, he doesn’t want all the members of those boards being Republicans (or even Democrats – little chance of that).
What’s odd, if you look at the variations of HB11 – as originally introduced by Thurston, and then the 1st, 2nd and 3rd substitutes – you see that more often than not at least three of the boards Herbert DID NOT want to be changed were, in fact, in the bills.
In fact, HB11 as originally introduced by Thurston – who said he had spoken to the governor’s office – includes the stripping away of partisan appointees for the Water Quality Board, the PSC, and the ABCC.
Either Thurston was not doing a very good job of working with Herbert, or the governor hadn’t yet made his concerns known, or there was a considerable misunderstanding.
In any case, followers of the politics of the 2017 Legislature know that Democrats complained loudly over HB11.
They tried to amend it in the House to take out some of the boards that they believe should have “some alternative voices” on them, as one House Democratic minority leader put it.
Herbert said in his veto letter that it was Senate Republicans who brokered the deal with him.
And that may be.
But HB11, as sent over by the House, included some of the boards that Herbert wanted out of the bill in the first place.
Now, my reading of the status reports on HB11 finds that it was the 2nd substitute that finally passed the House and Senate in the final days of the session.
That version passed the Senate 22-7, a party-line vote with GOP Sens. Ann Milner and Brian Shiozawa – two really nice folks – voting with the five Democrats, not wanting to strip what little power Utah Democrats have on these boards and commissions.
The 2nd substitute then went back to the House for a final vote, where it passed 44-31, with 18 Republicans voting with all the 17 Democrats against the measure.
Now, I don’t see HB11 as a ripe test for a veto override. It would take only 20 votes in the Senate to override, and since it passed with 22 votes, that seems assured.
It takes 50 votes in the House, and with 44 in favor Republicans would have to get at least six of their own to switch their final votes.
But the real issue here is one of public perception.
You already have the governor – with very high approval ratings – saying legislative Republicans went too far in partisanship — taking away Democrats from politically sensitive boards.
I mean, who really likes the PSC or the liquor commission? And wouldn’t it be nice to blame some Democrats on those boards for any unpopular decisions?
Or, as the legislative Democrats’ argued, what is wrong with having a minority opinion once in a while in the huge Republican state government machine?
And with Republicans really screwing up nationally right now, one would think Utah GOP leaders would be doing only friendly, good things at the moment.
And, anyway, HB11 can be easily fixed.
Assuming Herbert is correct in saying he had a deal to leave out of the bill a few politically-sensitive boards, in a summer special session already announced over another Thurston bill – HB155 and lowering the DUI blood alcohol level – a Herbert-approved version of HB11 could well be agreed upon.
Still, the majority Republicans thought HB11 was a bill Herbert wanted.
And now they look like the partisan bullies, and Herbert looks like the nice compromiser with the minority Democrats.
