H.B. 82

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 28, 2003 at 9:08 AM by rday. --> 1

INITIATIVES - ONE SUBJECT
2 REQUIREMENT
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: J. Morgan Philpot
6 This act modifies statutes governing state and local initiatives by allowing the lieutenant
7 governor or local clerk to reject an initiative if it contains more than one subject or if it
8 fails to clearly express the subject of the proposed law in the initiative's title.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-7-202, as last amended by Chapter 45, Laws of Utah 1999
12 20A-7-502, as last amended by Chapter 278, Laws of Utah 1997
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 20A-7-202 is amended to read:
15 20A-7-202. Statewide initiative process -- Application procedures -- Time to
16 gather signatures -- Grounds for rejection.
17 (1) Persons wishing to circulate an initiative petition shall file an application with the
18 lieutenant governor.
19 (2) The application shall contain:
20 (a) the name and residence address of at least five sponsors of the initiative petition;
21 (b) a statement indicating that each of the sponsors:
22 (i) is a resident of Utah; and
23 (ii) has voted in a regular general election in Utah within the last three years;
24 (c) the signature of each of the sponsors, attested to by a notary public; and
25 (d) a copy of the proposed law.
26 (3) The application and its contents are public when filed with the lieutenant governor.
27 (4) (a) The sponsors shall qualify the petition for the regular general election ballot no

28 later than the second regular general election after the application is filed.
29 (b) If the sponsors fail to qualify the petition for that ballot, the sponsors must:
30 (i) submit a new application;
31 (ii) obtain new signature sheets; and
32 (iii) collect signatures again.
33 (5) The lieutenant governor shall reject the application and not issue circulation sheets
34 if:
35 (a) the law proposed by the initiative is patently unconstitutional;
36 (b) the law proposed by the initiative is nonsensical; [or]
37 (c) the [proposed] law proposed by the initiative could not become law if passed[.];
38 (d) the law proposed by the initiative contains more than one subject; or
39 (e) the title of the law proposed by the initiative does not clearly express the subject of
40 the proposed law.
40a S (6) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20A-1-401, COURTS, THE LIEUTENANT
40b GOVERNOR, AND ELECTION OFFICERS SHALL CONSTRUE THE PROVISIONS OF THIS SECTION
40c LIBERALLY TO CARRY OUT THE INTENT OF THIS SECTION. s
41 Section 2. Section 20A-7-502 is amended to read:
42 20A-7-502. Local initiative process -- Application procedures.
43 (1) Persons wishing to circulate an initiative petition shall file an application with the
44 local clerk.
45 (2) The application shall contain:
46 (a) the name and residence address of at least five sponsors of the initiative petition;
47 (b) a statement indicating that each of the sponsors:
48 (i) is a registered voter; and
49 (ii) (A) if the initiative seeks to enact a county ordinance, has voted in a regular general
50 election in Utah within the last three years; or
51 (B) if the initiative seeks to enact a municipal ordinance, has voted in a regular
52 municipal election in Utah:
53 (I) except as provided in Subsection (2)(b)(ii)(B)(II), within the last three years; or
54 (II) within the last five years, if the sponsor's failure to vote within the last three years
55 is due to the sponsor's residing in a municipal district that participates in a municipal election

56 every four years;
57 (c) the signature of each of the sponsors, attested to by a notary public; and
58 (d) a copy of the proposed law.

59 (3) The local clerk shall reject the application and not issue circulation sheets if:
60 (a) the law proposed by the initiative contains more than one subject; or
61 (b) the title of the law proposed by the initiative does not clearly express the subject of
62 the proposed law.
62a S (4) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 20A-1-401, COURTS AND ELECTION
62b OFFICERS SHALL CONSTRUE THE PROVISIONS OF THIS SECTION LIBERALLY TO CARRY OUT THE
62c INTENT OF THIS SECTION. s




Legislative Review Note
as of 12-31-02 7:15 AM

In Gallivan v. Walker, the Utah Supreme Court declared that the statewide initiative is a
fundamental right. In analyzing any restrictions placed upon a fundamental right by the
Legislature, the court must find that there is a compelling state interest that justifies restrictions
on the right. The court also declared that, because the statewide initiative is a fundamental
right, the Legislature may not place an "undue burden" on the initiative right. The court's
opinion also suggested that it was the Legislature's duty to "facilitate" the initiative right.

This legislation establishes an additional requirement on persons seeking to circulate an
initiative. There is no certainty as to whether or not a court would hold that this requirement is
unduly burdensome or that the state lacks a compelling interest that justifies it. Therefore, this
legislation could be declared unconstitutional, depending upon the opinion of a majority of
justices about whether or not the new requirement "unduly burdens" the fundamental right of
initiative or whether or not the interest the state asserts in support of the requirement is
"compelling."

Office of Legislative Research and General Counsel