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H.B. 143 Enrolled

                 

LEGISLATIVE VOTE REQUIREMENTS ON INITIATIVES

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Tammy J. Rowan

                  AN ACT RELATING TO INITIATIVES; SPECIFYING THE FORM AND TIMING OF THE
                  LIEUTENANT GOVERNOR'S SUBMISSION OF INITIATIVES TO THE LEGISLATURE;
                  AUTHORIZING CERTAIN CORRECTIONS TO INITIATIVES SUBMITTED TO THE
                  LEGISLATURE; AUTHORIZING LEGISLATIVE REVIEW NOTES AND FISCAL NOTES ON
                  INITIATIVES SUBMITTED TO THE LEGISLATURE; AND MAKING TECHNICAL
                  CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-7-201, as last amended by Chapter 136, Laws of Utah 1998
                      20A-7-208, as enacted by Chapter 1, Laws of Utah 1994
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-7-201 is amended to read:
                       20A-7-201. Statewide initiatives -- Signature requirements -- Submission to the
                  Legislature or to a vote of the people.
                      (1) (a) A person seeking to have an initiative submitted to the Legislature for approval or
                  rejection shall obtain:
                      (i) legal signatures equal to 5% of the cumulative total of all votes cast for all candidates
                  for governor at the last regular general election at which a governor was elected; and
                      (ii) from each of at least 20 counties, legal signatures equal to 5% of the total of all votes
                  cast in that county for all candidates for governor at the last regular general election at which a
                  governor was elected.
                      (b) If, at any time not less than ten days before the beginning of an annual general session
                  of the Legislature, the lieutenant governor declares sufficient any initiative petition that is signed
                  by enough voters to meet the requirements of this Subsection (1), the lieutenant governor shall
                  deliver [that petition to the Legislature as soon as it convenes and organizes.] a copy of the petition


                  and the cover sheet required by Subsection (1)(c) to the president of the Senate, the speaker of the
                  House, and the director of the Office of Legislative Research and General Counsel.
                      (c) In delivering a copy of the petition, the lieutenant governor shall include a cover sheet
                  that contains:
                      (i) the cumulative total of all votes cast for all candidates for governor at the last regular
                  general election at which a governor was elected;
                      (ii) the total of all votes cast in each county for all candidates for governor at the last regular
                  general election at which a governor was elected;
                      (iii) the total number of certified signatures received for the submitted initiative; and
                      (iv) the total number of certified signatures received from each county for the submitted
                  initiative.
                      (2) (a) A person seeking to have an initiative submitted to a vote of the people for approval
                  or rejection shall obtain:
                      (i) legal signatures equal to 10% of the cumulative total of all votes cast for all candidates
                  for governor at the last regular general election at which a governor was elected; and
                      (ii) from each of at least 20 counties, legal signatures equal to 10% of the total of all votes
                  cast in that county for all candidates for governor at the last regular general election at which a
                  governor was elected.
                      (b) If, at any time not less than four months before any regular general election, the
                  lieutenant governor declares sufficient any initiative petition that is signed by enough legal voters
                  to meet the requirements of this subsection, the lieutenant governor shall submit the proposed law
                  to a vote of the people at the next regular general election.
                      (3) The lieutenant governor shall provide the following information from the official canvass
                  of the last regular general election at which a governor was elected to any interested person:
                      (a) the cumulative total of all votes cast for all candidates for governor; and
                      (b) for each county, the total of all votes cast in that county for all candidates for governor.
                      Section 2. Section 20A-7-208 is amended to read:
                       20A-7-208. Disposition of initiative petitions by the Legislature.

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                      (1) (a) [When] Except as provided in Subsection (1)(b), when the lieutenant governor
                  delivers an initiative petition to the Legislature, the law proposed by that initiative petition shall be
                  either enacted or rejected without change or amendment by the Legislature.
                      (b) The speaker of the House and the president of the Senate may direct legislative staff to:
                      (i) make technical corrections authorized by Section 36-12-12 ; and
                      (ii) prepare a legislative review note and a legislative fiscal note on the law proposed by the
                  initiative petition.
                      [(b)] (c) If any law proposed by an initiative petition is enacted by the Legislature, it is
                  subject to referendum the same as other laws.
                      (2) If any law proposed by a petition is not enacted by the Legislature, that proposed law
                  shall be submitted to a vote of the people at the next regular general election if:
                      (a) sufficient additional signatures to the petition are first obtained to bring the total number
                  of signatures up to the number required by Subsection 20A-7-201 (2); and
                      (b) those additional signatures are verified, certified by the county clerks, and declared
                  sufficient by the lieutenant governor as provided in this part.

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