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H.B. 112
1
SUPREME COURT REVIEW OF AN
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INITIATIVE OR REFERENDUM
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2010 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Brad L. Dee
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Senate Sponsor:
Wayne L. Niederhauser
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LONG TITLE
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General Description:
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This bill amends provisions that establish time requirements for the Supreme Court to
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review an issue related to an initiative or referendum.
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Highlighted Provisions:
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This bill:
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. deletes certain statutory time requirements for the Supreme Court to review
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initiative and referendum issues;
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. amends statutory time requirements for the governor and a local legislative body;
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and
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. authorizes the Supreme Court to refer certain fiscal impact estimate issues to a
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master for examination and a report.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-7-202.5, as enacted by Laws of Utah 2005, Chapter 236
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20A-7-207, as last amended by Laws of Utah 2008, Chapter 237
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20A-7-209, as last amended by Laws of Utah 2008, Chapters 225 and 315
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20A-7-211, as enacted by Laws of Utah 1994, Chapter 1
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20A-7-308, as last amended by Laws of Utah 2008, Chapter 315
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20A-7-310, as enacted by Laws of Utah 1994, Chapter 1
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20A-7-502.5, as enacted by Laws of Utah 2005, Chapter 236
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20A-7-510, as enacted by Laws of Utah 1994, Chapter 272
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20A-7-610, as enacted by Laws of Utah 1994, Chapter 272
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-7-202.5
is amended to read:
38
20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
39
to estimate.
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(1) Within three working days of receipt of an application for an initiative petition, the
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lieutenant governor shall submit a copy of the application to the Governor's Office of Planning
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and Budget.
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(2) (a) The Governor's Office of Planning and Budget shall prepare an unbiased, good
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faith estimate of the fiscal impact of the law proposed by the initiative that contains:
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(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
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(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
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the total estimated increase or decrease for each type of tax affected under the proposed law
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and a dollar amount representing the total estimated increase or decrease in taxes under the
49
proposed law;
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(iii) if the proposed law would result in the issuance or a change in the status of bonds,
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notes, or other debt instruments, a dollar amount representing the total estimated increase or
52
decrease in public debt under the proposed law;
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(iv) a listing of all sources of funding for the estimated costs associated with the
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proposed law showing each source of funding and the percentage of total funding provided
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from each source;
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(v) a dollar amount representing the estimated costs or savings, if any, to state and
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local government entities under the proposed law; and
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(vi) a concise explanation, not exceeding 100 words, of the above information and of
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the estimated fiscal impact, if any, under the proposed law.
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(b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
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of Planning and Budget shall include a summary statement in the initial fiscal impact statement
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in substantially the following form:
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"The Governor's Office of Planning and Budget estimates that the law proposed by this
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initiative would have no significant fiscal impact and would not result in either an increase or
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decrease in taxes or debt."
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(ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
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Planning and Budget shall include a summary statement in the initial fiscal impact estimate in
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substantially the following form:
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"The Governor's Office of Planning and Budget estimates that the law proposed by this
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initiative would result in a total fiscal expense/savings of $______, which includes a (type of
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tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state debt."
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(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
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difficult to reasonably express in a summary statement, the Governor's Office of Planning and
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Budget may include in the summary statement a brief explanation that identifies those factors
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affecting the variability or difficulty of the estimate.
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(3) Within 25 calendar days from the date that the lieutenant governor delivers a copy
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of the application, the Governor's Office of Planning and Budget shall:
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(a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
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office; and
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(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
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the initiative application.
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(4) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days of
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the date of delivery of the initial fiscal impact estimate to the lieutenant governor's office, file a
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petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
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whole, is an inaccurate estimate of the fiscal impact of the initiative.
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(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
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to send notice of the petition to:
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(A) any person or group that has filed an argument with the lieutenant governor's office
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for or against the measure that is the subject of the challenge; and
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(B) any political issues committee established under Section
20A-11-801
that has filed
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written or electronic notice with the lieutenant governor that identifies the name, mailing or
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email address, and telephone number of the person designated to receive notice about any
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issues relating to the initiative.
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(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
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Governor's Office of Planning and Budget is based upon reasonable assumptions, uses
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reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
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of the initiative.
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(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
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initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
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evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
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statement of the estimated fiscal impact of the initiative.
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(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
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to a master to examine the issue and make a report in accordance with Utah Rules of Civil
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Procedure, Rule 53.
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(c) The Supreme Court shall[, within 30 calendar days of the date that the appeal is
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filed,] certify to the lieutenant governor a fiscal impact estimate for the measure that meets the
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requirements of this section.
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Section 2.
Section
20A-7-207
is amended to read:
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20A-7-207. Evaluation by the lieutenant governor.
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(1) When each initiative packet is received from a county clerk, the lieutenant governor
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shall check off from his record the number of each initiative packet filed.
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(2) (a) After all of the initiative packets have been received by the lieutenant governor,
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the lieutenant governor shall:
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(i) count the number of the names certified by the county clerks that appear on each
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verified signature sheet; and
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(ii) declare the petition to be sufficient or insufficient by June 1 before the regular
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general election.
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(b) If the total number of certified names from each verified signature sheet equals or
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exceeds the number of names required by Section
20A-7-201
, the lieutenant governor shall
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mark upon the front of the petition the word "sufficient."
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(c) If the total number of certified names from each verified signature sheet does not
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equal or exceed the number of names required by Section
20A-7-201
, the lieutenant governor
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shall mark upon the front of the petition the word "insufficient."
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(d) The lieutenant governor shall immediately notify any one of the sponsors of his
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finding.
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(3) Once a petition is declared insufficient, the sponsors may not submit additional
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signatures to qualify the petition for the pending regular general election.
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(4) (a) If the lieutenant governor refuses to accept and file any initiative petition that a
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sponsor believes is legally sufficient, any voter may, by June 15, apply to the Supreme Court
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for an extraordinary writ to compel the lieutenant governor to do so.
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(b) The Supreme Court shall:
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(i) determine whether or not the initiative petition is legally sufficient; and
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(ii) certify its findings to the lieutenant governor [by July 30].
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(c) If the Supreme Court certifies that the initiative petition is legally sufficient, the
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lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
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date on which it was originally offered for filing in his office.
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(d) If the Supreme Court determines that any petition filed is not legally sufficient, the
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Supreme Court may enjoin the lieutenant governor and all other officers from certifying or
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printing the ballot title and numbers of that measure on the official ballot for the next election.
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Section 3.
Section
20A-7-209
is amended to read:
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20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
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Research and General Counsel.
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(1) By July 6 before the regular general election, the lieutenant governor shall deliver a
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copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
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Research and General Counsel.
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(2) (a) The Office of Legislative Research and General Counsel shall:
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(i) entitle each state initiative that has qualified for the ballot " Proposition Number __"
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and give it a number as assigned under Section
20A-6-107
;
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(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
150
measure; and
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(iii) return each petition and ballot title to the lieutenant governor by July 20.
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(b) The ballot title may be distinct from the title of the proposed law attached to the
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initiative petition, and shall be not more than 100 words.
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(c) For each state initiative, the official ballot shall show:
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(i) the number of the initiative as determined by the Office of Legislative Research and
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General Counsel;
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(ii) the ballot title as determined by the Office of Legislative Research and General
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Counsel; and
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(iii) the initial fiscal impact estimate prepared under Section
20A-7-202.5
.
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(3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any
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sponsor of the petition.
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(4) (a) (i) At least three of the sponsors of the petition may, by July 30, challenge the
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wording of the ballot title prepared by the Office of Legislative Research and General Counsel
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to the Supreme Court.
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(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
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to send notice of the appeal to:
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(A) any person or group that has filed an argument for or against the measure that is the
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subject of the challenge; or
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(B) any political issues committee established under Section
20A-11-801
that has filed
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written or electronic notice with the lieutenant governor that identifies the name, mailing or
171
email address, and telephone number of the person designated to receive notice about any
172
issues relating to the initiative.
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(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
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Research and General Counsel is an impartial summary of the contents of the initiative.
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(ii) The Supreme Court may not revise the wording of the ballot title unless the
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plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
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patently false or biased.
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(c) The Supreme Court shall:
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(i) examine the ballot title;
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(ii) hear arguments; and
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(iii) [by August 10,] certify to the lieutenant governor a ballot title for the measure that
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meets the requirements of this section.
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(d) The lieutenant governor shall[, no later than September 8,] certify the title verified
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by the Supreme Court to the county clerks to be printed on the official ballot.
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Section 4.
Section
20A-7-211
is amended to read:
186
20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
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proclamation.
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(1) The votes on the law proposed by the initiative petition shall be counted,
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canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
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(2) After the state board of canvassers completes its canvass, the lieutenant governor
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shall certify to the governor the vote for and against the law proposed by the initiative petition.
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(3) (a) The governor shall immediately issue a proclamation that:
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(i) gives the total number of votes cast in the state for and against each law proposed by
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an initiative petition; and
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(ii) declares those laws proposed by an initiative petition that were approved by
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majority vote to be in full force and effect as the law of [the state of] Utah.
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(b) When the governor believes that two proposed laws, or that parts of two proposed
198
laws approved by the people at the same election are entirely in conflict, he shall proclaim that
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measure to be law that has received the greatest number of affirmative votes, regardless of the
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difference in the majorities which those measures have received.
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(c) (i) Within 10 days after the governor's proclamation, any qualified voter who signed
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the initiative petition proposing the law that is declared by the governor to be superseded by
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another measure approved at the same election may apply to the Supreme Court to review the
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governor's decision.
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(ii) The court shall:
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(A) [immediately] consider the matter and decide whether or not the proposed laws are
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in conflict; and
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(B) [within 10 days after the matter is submitted to it for decision,] certify its decision
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to the governor.
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(4) Within [30] 10 days after [his previous proclamation] the Supreme Court certifies
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its decision, the governor shall:
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(a) proclaim all those measures approved by the people as law that the Supreme Court
213
has determined are not in conflict; and
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(b) of all those measures approved by the people as law that the Supreme Court has
215
determined to be in conflict, proclaim as law the one that received the greatest number of
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affirmative votes, regardless of difference in majorities.
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Section 5.
Section
20A-7-308
is amended to read:
218
20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
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Research and General Counsel.
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(1) Whenever a referendum petition is declared sufficient for submission to a vote of
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the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
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the Office of Legislative Research and General Counsel.
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(2) (a) The Office of Legislative Research and General Counsel shall:
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(i) entitle each state referendum that has qualified for the ballot "Proposition Number
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__" and give it a number as assigned under Section
20A-6-107
;
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(ii) prepare an impartial ballot title for the referendum summarizing the contents of the
227
measure; and
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(iii) return the petition and the ballot title to the lieutenant governor within 15 days
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after its receipt.
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(b) The ballot title may be distinct from the title of the law that is the subject of the
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petition, and shall be not more than 100 words.
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(c) The ballot title and the number of the measure as determined by the Office of
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Legislative Research and General Counsel shall be printed on the official ballot.
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(3) Immediately after the Office of Legislative Research and General Counsel files a
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copy of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of
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the ballot title to any of the sponsors of the petition.
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(4) (a) (i) At least three of the sponsors of the petition may, within 15 days of the date
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the lieutenant governor mails the ballot title, challenge the wording of the ballot title prepared
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by the Office of Legislative Research and General Counsel to the Supreme Court.
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(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
241
to send notice of the appeal to:
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(A) any person or group that has filed an argument for or against the measure that is the
243
subject of the challenge; or
244
(B) any political issues committee established under Section
20A-11-801
that has filed
245
written or electronic notice with the lieutenant governor that identifies the name, mailing or
246
email address, and telephone number of the person designated to receive notice about any
247
issues relating to the initiative.
248
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
249
Research and General Counsel is an impartial summary of the contents of the referendum.
250
(ii) The Supreme Court may not revise the wording of the ballot title unless the
251
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
252
patently false or biased.
253
(c) The Supreme Court shall:
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(i) examine the ballot title;
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(ii) hear arguments; and
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(iii) [within five days of its decision,] certify to the lieutenant governor a ballot title for
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the measure that meets the requirements of this section.
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(d) The lieutenant governor shall certify the title verified by the Supreme Court to the
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county clerks to be printed on the official ballot.
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Section 6.
Section
20A-7-310
is amended to read:
261
20A-7-310. Return and canvass -- Conflicting measures -- Law effective on
262
proclamation.
263
(1) The votes on the law proposed by the referendum petition shall be counted,
264
canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
265
(2) After the state board of canvassers completes its canvass, the lieutenant governor
266
shall certify to the governor the vote for and against the law proposed by the referendum
267
petition.
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(3) (a) The governor shall immediately issue a proclamation that:
269
(i) gives the total number of votes cast in the state for and against each law proposed by
270
a referendum petition; and
271
(ii) declares those laws proposed by a referendum petition that were approved by
272
majority vote to be in full force and effect as the law of Utah.
273
(b) When the governor believes that two proposed laws, or that parts of two proposed
274
laws approved by the people at the same election are entirely in conflict, he shall proclaim that
275
measure to be law that has received the greatest number of affirmative votes, regardless of the
276
difference in the majorities which those measures have received.
277
(4) (a) Within 10 days after the governor's proclamation, any qualified voter who
278
signed the referendum petition proposing the law that is declared by the governor to be
279
superseded by another measure approved at the same election may apply to the Supreme Court
280
to review the governor's decision.
281
(b) The Supreme Court shall:
282
(i) [immediately] consider the matter and decide whether or not the proposed laws are
283
in conflict; and
284
(ii) [within 10 days after the matter is submitted to it for decision,] certify its decision
285
to the governor.
286
(5) Within [30] 10 days after [his previous proclamation] the Supreme Court certifies
287
its decision, the governor shall:
288
(a) proclaim all those measures approved by the people as law that the Supreme Court
289
has determined are not in conflict; and
290
(b) of all those measures approved by the people as law that the Supreme Court has
291
determined to be in conflict, proclaim as law the one that received the greatest number of
292
affirmative votes, regardless of difference in majorities.
293
Section 7.
Section
20A-7-502.5
is amended to read:
294
20A-7-502.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
295
to estimate.
296
(1) Within three working days of receipt of an application for an initiative petition, the
297
local clerk shall submit a copy of the application to the budget officer.
298
(2) (a) The budget officer shall prepare an unbiased, good faith estimate of the fiscal
299
impact of the law proposed by the initiative that contains:
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(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
301
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
302
the total estimated increase or decrease for each type of tax affected under the proposed law
303
and a dollar amount representing the total estimated increase or decrease in taxes under the
304
proposed law;
305
(iii) if the proposed law would result in the issuance or a change in the status of bonds,
306
notes, or other debt instruments, a dollar amount representing the total estimated increase or
307
decrease in public debt under the proposed law;
308
(iv) a listing of all sources of funding for the estimated costs associated with the
309
proposed law showing each source of funding and the percentage of total funding provided
310
from each source;
311
(v) a dollar amount representing the estimated costs or savings, if any, to state and
312
local government entities under the proposed law; and
313
(vi) a concise explanation, not exceeding 100 words, of the above information and of
314
the estimated fiscal impact, if any, under the proposed law.
315
(b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
316
shall include a summary statement in the initial fiscal impact statement in substantially the
317
following form:
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"The (title of the local budget officer) estimates that the law proposed by this initiative
319
would have no significant fiscal impact and would not result in either an increase or decrease in
320
taxes or debt."
321
(ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
322
shall include a summary statement in the initial fiscal impact estimate in substantially the
323
following form:
324
"The (title of the local budget officer) estimates that the law proposed by this initiative
325
would result in a total fiscal expense/savings of $______, which includes a (type of tax or
326
taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
327
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
328
difficult to reasonably express in a summary statement, the local budget officer may include in
329
the summary statement a brief explanation that identifies those factors affecting the variability
330
or difficulty of the estimate.
331
(3) Within 25 calendar days from the date that the local clerk delivers a copy of the
332
application, the budget officer shall:
333
(a) deliver a copy of the initial fiscal impact estimate to the local clerk's office; and
334
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
335
the application.
336
(4) (a) Three or more of the sponsors of the petition may, within 20 calendar days of
337
the date of delivery of the initial fiscal impact estimate to the local clerk's office, file a petition
338
with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a whole, is an
339
inaccurate estimate of the fiscal impact of the initiative.
340
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
341
budget officer is based upon reasonable assumptions, uses reasonable data, and applies
342
accepted analytical methods to present the estimated fiscal impact of the initiative.
343
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
344
initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
345
evidence that establishes that the fiscal estimate, taken as a whole, is an inaccurate statement of
346
the estimated fiscal impact of the initiative.
347
(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
348
to a master to examine the issue and make a report in accordance with Utah Rules of Civil
349
Procedure, Rule 53.
350
(c) The Supreme Court shall[, within 30 calendar days of the date that the appeal is
351
filed,] certify to the local clerk an initial fiscal impact estimate for the measure that meets the
352
requirements of this section.
353
Section 8.
Section
20A-7-510
is amended to read:
354
20A-7-510. Return and canvass -- Conflicting measures -- Law effective on
355
proclamation.
356
(1) The votes on the law proposed by the initiative petition shall be counted,
357
canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
358
(2) After the local board of canvassers completes its canvass, the local clerk shall
359
certify to the local legislative body the vote for and against the law proposed by the initiative
360
petition.
361
(3) (a) The local legislative body shall immediately issue a proclamation that:
362
(i) gives the total number of votes cast in the local jurisdiction for and against each law
363
proposed by an initiative petition; and
364
(ii) declares those laws proposed by an initiative petition that were approved by
365
majority vote to be in full force and effect as the law of the local jurisdiction.
366
(b) When the local legislative body determines that two proposed laws, or that parts of
367
two proposed laws approved by the people at the same election are entirely in conflict, they
368
shall proclaim that measure to be law that has received the greatest number of affirmative
369
votes, regardless of the difference in the majorities which those measures have received.
370
(c) (i) Within 10 days after the local legislative body's proclamation, any qualified
371
voter who signed the initiative petition proposing the law that is declared by the local
372
legislative body to be superseded by another measure approved at the same election may apply
373
to the Supreme Court to review the decision.
374
(ii) The court shall:
375
(A) [immediately] consider the matter and decide whether or not the proposed laws are
376
in conflict; and
377
(B) [within 10 days after the matter is submitted to it for decision,] certify its decision
378
to the local legislative body.
379
(4) Within [30] 10 days after [its previous proclamation] the Supreme Court certifies
380
its decision, the local legislative body shall:
381
(a) proclaim all those measures approved by the people as law that the Supreme Court
382
has determined are not in conflict; and
383
(b) of all those measures approved by the people as law that the Supreme Court has
384
determined to be in conflict, proclaim as law the one that received the greatest number of
385
affirmative votes, regardless of difference in majorities.
386
Section 9.
Section
20A-7-610
is amended to read:
387
20A-7-610. Return and canvass -- Conflicting measures -- Law effective on
388
proclamation.
389
(1) The votes on the law proposed by the referendum petition shall be counted,
390
canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
391
(2) After the local board of canvassers completes its canvass, the local clerk shall
392
certify to the local legislative body the vote for and against the law proposed by the referendum
393
petition.
394
(3) (a) The local legislative body shall immediately issue a proclamation that:
395
(i) gives the total number of votes cast in the local jurisdiction for and against each law
396
proposed by a referendum petition; and
397
(ii) declares those laws proposed by a referendum petition that were approved by
398
majority vote to be in full force and effect as the law of the local jurisdiction.
399
(b) When the local legislative body determines that two proposed laws, or that parts of
400
two proposed laws approved by the people at the same election are entirely in conflict, they
401
shall proclaim that measure to be law that has received the greatest number of affirmative
402
votes, regardless of the difference in the majorities which those measures have received.
403
(4) (a) Within 10 days after the local legislative body's proclamation, any qualified
404
voter who signed the referendum petition proposing the law that is declared by the local
405
legislative body to be superseded by another measure approved at the same election may apply
406
to the Supreme Court to review the decision.
407
(b) The Supreme Court shall:
408
(i) [immediately] consider the matter and decide whether or not the proposed laws are
409
in conflict; and
410
(ii) [within 10 days after the matter is submitted to it for decision,] certify its decision
411
to the local legislative body.
412
(5) Within [30] 10 days after [its previous proclamation] the Supreme Court certifies
413
its decision, the local legislative body shall:
414
(a) proclaim all those measures approved by the people as law that the Supreme Court
415
has determined are not in conflict; and
416
(b) of all those measures approved by the people as law that the Supreme Court has
417
determined to be in conflict, proclaim as law the one that received the greatest number of
418
affirmative votes, regardless of difference in majorities.
Legislative Review Note
as of 1-5-10 3:19 PM