The governor plays a distinct and critical role in lawmaking. He or she is often (but not always) the final level of vetting that legislation receives before becoming law. The governor also serves as a check on the political and policymaking power of Utah’s legislative branch, much like the president of the United States serves as a check on the political power and policymaking authority of Congress.

Most legislation, in the form of House bills and Senate bills, goes to the governor for review after it passes the Utah House of Representatives and the Utah Senate. As a practical matter, the governor’s office will receive input on legislation from members of the public, lobbyists and executive branch officials. After the governor’s review process for a bill is completed, the Utah Constitution gives him three options: (1) veto the bill, (2) sign the bill or (3) allow the bill to become law without his signature.

If the governor believes a bill should not become law, she may choose to veto it. If a bill includes appropriations of tax dollars, the governor may veto specific appropriations to which she objects – referred to as a line-item veto – while allowing the rest of the bill to become law. When a veto or line-item veto occurs, the bill or appropriation returns to the Legislature.

If sufficient support for doing so exists in the House and Senate, they may override the governor’s veto with a two-thirds majority vote from both bodies (50 out of 75 in the House and 20 out of 29 in the Senate). This means the bill or appropriation becomes law despite the governor’s veto. If there is insufficient support in one or both of the House and Senate to override the governor’s veto, consideration of the bill or appropriation concludes without it becoming law.

If the governor agrees that a bill should be become law, he may choose to sign it. At that point the bill becomes a law, and it goes into effect according to the bill’s effective date. For certain bills with particular public significance, the governor may agree to hold a public ceremonial signing event. Most bills are signed without such an event.

If the governor does not agree with a bill but chooses not to veto it, she can choose not to sign it and the bill will become law without the governor’s signature. This can happen, for instance, if the governor would prefer a bill not become law but believes that a veto will be overridden by the Legislature.

Some legislation does not go the governor for review after passing the House and/or the Senate. These types of legislation include House resolutions, House joint resolutions, Senate resolutions and Senate joint resolutions.

Senate resolutions are only voted on by the Senate and are used to publicly convey a position or statement from the Senate or to amend the rules governing Senate processes. House resolutions are the equivalent for the House of Representatives.

House and Senate joint resolutions must be passed by the House and the Senate, and they vary in their intended purpose. Some joint resolutions amend joint rules of procedure governing both the House and the Senate. Some joint resolutions publicly convey a position or a statement that both the House and Senate stand unified on. These types of joint resolutions must receive a majority vote in both bodies to pass.

Additionally, constitutional amendments, according to the state constitution, are not reviewed by the governor. Joint resolutions are the legislative vehicle under which constitutional amendments are considered. By constitutional requirement, amendments to the constitution must pass both the House and Senate with a two-thirds majority. Then they go to Utah voters for approval or disapproval in the next general election.

One more type of legislation requires the governor’s review, but typically does not have the effect of making new law: House concurrent resolutions and Senate concurrent resolutions. These resolutions must pass both the House and the Senate before going to the governor. They are typically used to publicly convey a position or statement agreed to by both the executive and legislative branches.

As intended by our constitutional design, the governor plays a critical role in lawmaking. Because the governor is elected by all voters statewide, rather than a geographic portion of voters determined by a House or Senate district, he or she brings a unique and valuable political and policy perspective to legislation.

While a veto from the governor is a relatively uncommon occurrence historically, it remains a significant power in lawmaking. The possibility or threat of a veto often motivates amendments to legislation for the purpose of gaining support – or at least neutrality – from the executive branch.

In short, the governor’s role in reforming laws or making new laws creates additional motivation for finding broad consensus in support of legislation. Like the legislative process itself, the governor serves to ensure that public policy in Utah promotes the interests and well-being of Utah residents.