Utah won't recognize gay marriages, and its tax dollars won't fund abortions under two controversial measures in the stack of 383 bills Gov. Olene Walker signed into law by Tuesday's legal deadline.
But Walker also at times overturned the will of the Legislature, vetoing five bills, including one tipping the child welfare system toward families' rights, and using line item vetoes on two budget bills. She also did not concur with a resolution opposing Internet taxes.
And in a rare move, Walker essentially split up a controversial education voucher bill for parents of children with disabilities. She vetoed HB115 but left intact $1.4 million to pay for it and sent the money to the State Board of Education to contract with private schools helping students with disabilities.
Advisers' opinions are mixed on whether the action requires a special session of the Legislature, Walker said.
"This last 20-day period has been a very weighty time for me," Walker said. "I always said my test would be if (a bill) did more good than harm, I'd sign it. If it did more harm than good, I wouldn't."
The statements came two hours before Walker appeared at an Avenues neighborhood mass meeting, where residents selected state and county delegates to help determine her fate in the crowded GOP governor's race. Her actions on the legislation could help or hurt her candidacy. As Walker says, pen wielding "cuts both ways."
On one hand, she said, "I signed bills I think will play very favorably with conservative members of our party."
Walker approved bills that would halt partial-birth abortions and state funding for abortions. She said they maintain the status quo and won't cost extra money to defend because they would be stayed until any federal legal challenges are resolved.
She also signed SB24, which states it is Utah policy to only recognize as a marriage the union between a man and a woman. Utah voters also will decide this November whether to amend the Utah Constitution to define marriage as between a man and a woman under a separate resolution the Legislature passed. The bills came in response to a flood of gay marriages performed in various cities nationwide after Massachusetts' top court ruled such marriages must be allowed.
On the other hand, backers of the vetoed voucher bill, dubbed "Carson Smith Special Needs Scholarships," believed her stroke of the pen would anger GOP convention-going conservatives enough to keep her name off the November ballot.
Walker acknowledges the possibility.
"I think that has some political ramifications, but I feel I had to do what's best for children with developmental disabilities and what's best for all children of the state," she said.
HB115 sought to give up to $5,400 for private school tuition to children with disabilities.
But having the state school board use public school money to oversee a private program raised constitutional concerns for Walker. She also didn't like the idea of letting a three-year scholarship be funded with one-time money.
Vetoing the bill while leaving the money for special-education students to receive private school help through state contracts still accomplishes the basic intent of the bill to help disabled children.
"Additional money puts us in a position to better help more kids," said State Board of Education chairman Kim Burningham, who worked with Walker on the action. "We'll go right to work on (a task force to establish details) on a grant program rather than the beginnings of a voucher program."
Basically, the action gives schools more money to do what they're already doing. But it strips the element most sacred to bill advocates: parental choice.
A small number of parents of autistic children showed up on Capitol Hill, hoping to change Walker's mind.
"We have killed ourselves to educate our children," said parent Laura Anderson. "Now the school districts are going to come to our rescue? It sounds to me just like a cop out."
Walker also vetoed HB140, disappointing sponsor Rep. LaVar Christensen, R-Sandy. The bill, which would enhance families' rights in child-welfare cases, won the support of Daren and Barbara Jensen.
The Jensens became the poster parents for family rights when they opted not to follow a doctor's order that their son, Parker, receive chemotherapy after being diagnosed with a rare form of cancer.
The bill allows for a "mature" minor to make medical decisions on his own behalf.
But Walker called the bill overly broad because it doesn't specify at what age a minor is "mature," which Walker feared could open the door for children to get abortions or contraceptives without the consent of their parents. She said she is willing to work on the concerns with Christensen.
But Christensen said several states have drafted similar laws giving the courts total discretion to seek the wishes of the minor.
"It's totally appropriate for the judge to interview the minor to make sure the minor's wishes are taken into account," Christensen said. "(The bill) has been misconstrued and misunderstood. This bill, adopted by both houses, would have restored balance in the system."
Other vetoes include:
SB115, by Sen. Curt Bramble, R-Provo, to allow special elections, such as for bonds, only in June or November in hopes that more voters would cast ballots. Walker saw it as too restrictive.
SB239, by Sen. Mike Dmitrich, D-Price, targeted unfair business practices. Walker said terms are not well defined and could invite lawsuits.
HB1, Supplemental Appropriations Act, line item 65, which recommended the State Office of Education contract with a lawmaker-approved, private entity to make sure textbooks correlate to the state core curriculum. Walker says that violates separation of powers between legislative and executive branches.
HB3: Line item 18, a study about contracting with private entities for public services. Walker said the study was unfunded and rushed. Line items 30 and 31 were also vetoed, which appropriated $150,000 to assess the impact of Public Service Commission decisions on Utah's business climate and $20,000 for an annual telecommunications report. Walker said lawmakers told her the lines were put in by mistake and asked for the veto. Line item 85 appropriated $1 million to enter a lawmaker-approved contract with a private entity, earlier determined to be Innovations in Education, to improve student achievement. Walker cited separation of powers.
HB158,by Greg Hughes, R-Draper, to redefine what constitutes a water corporation for purposes of the Public Utilities Code. An "ill-placed" amendment, questioned by the sponsor, left her "no choice but to veto," Walker said.
HCR6, sponsored by Rep. Chad Bennion, R-Draper, was a resolution opposing Internet taxes. Walker did not concur, saying it's a taxing source that could be looked at.
E-mail: jtcook@desnews.com; donna@desnews.com