From Deseret News archives:

GOP leaders play dirty, Walker says

Published: Tuesday, April 27, 2004 6:58 a.m. MDT
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"We need to hear these bills. They are not wasted time," he added.

Neither bill had even close to the two-thirds majority in the 75-member House. But some lawmakers wanted to make a political point during an election year and debate them anyway — and maybe get certain incumbents on the record opposing the override.

The Senate was having none of it, adjourning while the House was still bickering. And that infuriated some members of the House even more: They lobbed accusations that senators were being discourteous and disrespectful.

Representatives had to be reminded that a deal had been cut between the House and Senate and between Republicans and Democrats that only two bills would be debated. When the override was completed on those two bills, their work was done.

"No rules were broken," said Rep. Ron Bigelow, R-West Valley City, who questioned the purpose of debating bills where there was never going to be 50 votes for an override. "It's time we put this to bed."

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The veto override that generated the most support was SB239, the Unfair Business Practices Act, a bill designed to protect the intellectual property of small businesses, primarily high-tech companies, by making it a crime to sabotage or steal a competitor's ideas.

Walker said the bill was vague and invited litigation. But senators voted 27-2 to override the veto, and the House voted 56-16 to follow suit. Walker said she may call a special legislative session later this year so Utah's economy wouldn't suffer "under this bad law."

Supporters of the bill said the legislation, sponsored by Sens. Mike Dmitrich, D-Price, and Curt Bramble, R-Provo, would help protect Utah's high-tech industry by targeting predatory practices by larger companies trying to drive them out of business. Companies should be protected if "someone invents a new way of doing things," Bramble said.

But one of the major factors driving the override was opponents never once expressed their opposition during three weeks of public testimony and legislative votes. Instead, they went straight to Walker for a veto.

Bramble called it "an ambush," and Sen. Lyle Hillyard, R-Logan, said he was "offended" by the tactic, especially considering one lobbyist who went to Walker was on Capitol Hill every day during the session and never once expressed any opposition to SB239.

"It is a poor way to legislate," Dmitrich said of the lobbyist's strategy.

Walker said she asked legal opinions of several prominent Salt Lake attorneys before vetoing the bill and that the veto was based on those opinions.

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Rep. LaVar Christensen, R-Draper, airs his feelings on SB239, the Unfair Business Practices Act. Legislators voted to override the governor's veto of both SB239 and SB115, a law that limits election dates.

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