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H.B. 112

             1     

SUPREME COURT REVIEW OF AN

             2     
INITIATIVE OR REFERENDUM

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Brad L. Dee

             6     
Senate Sponsor: Wayne L. Niederhauser

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill amends provisions that establish time requirements for the Supreme Court to
             11      review an issue related to an initiative or referendum.
             12      Highlighted Provisions:
             13          This bill:
             14          .    deletes certain statutory time requirements for the Supreme Court to review
             15      initiative and referendum issues;
             16          .    amends statutory time requirements for the governor and a local legislative body;
             17      and
             18          .    authorizes the Supreme Court to refer certain fiscal impact estimate issues to a
             19      master for examination and a report.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          20A-7-202.5, as enacted by Laws of Utah 2005, Chapter 236
             27          20A-7-207, as last amended by Laws of Utah 2008, Chapter 237


             28          20A-7-209, as last amended by Laws of Utah 2008, Chapters 225 and 315
             29          20A-7-211, as enacted by Laws of Utah 1994, Chapter 1
             30          20A-7-308, as last amended by Laws of Utah 2008, Chapter 315
             31          20A-7-310, as enacted by Laws of Utah 1994, Chapter 1
             32          20A-7-502.5, as enacted by Laws of Utah 2005, Chapter 236
             33          20A-7-510, as enacted by Laws of Utah 1994, Chapter 272
             34          20A-7-610, as enacted by Laws of Utah 1994, Chapter 272
             35     
             36      Be it enacted by the Legislature of the state of Utah:
             37          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.
             40          (1) Within three working days of receipt of an application for an initiative petition, the
             41      lieutenant governor shall submit a copy of the application to the Governor's Office of Planning
             42      and Budget.
             43          (2) (a) The Governor's Office of Planning and Budget shall prepare an unbiased, good
             44      faith estimate of the fiscal impact of the law proposed by the initiative that contains:
             45          (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
             46          (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
             47      the total estimated increase or decrease for each type of tax affected under the proposed law
             48      and a dollar amount representing the total estimated increase or decrease in taxes under the
             49      proposed law;
             50          (iii) if the proposed law would result in the issuance or a change in the status of bonds,
             51      notes, or other debt instruments, a dollar amount representing the total estimated increase or
             52      decrease in public debt under the proposed law;
             53          (iv) a listing of all sources of funding for the estimated costs associated with the
             54      proposed law showing each source of funding and the percentage of total funding provided
             55      from each source;
             56          (v) a dollar amount representing the estimated costs or savings, if any, to state and
             57      local government entities under the proposed law; and
             58          (vi) a concise explanation, not exceeding 100 words, of the above information and of


             59      the estimated fiscal impact, if any, under the proposed law.
             60          (b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
             61      of Planning and Budget shall include a summary statement in the initial fiscal impact statement
             62      in substantially the following form:
             63          "The Governor's Office of Planning and Budget estimates that the law proposed by this
             64      initiative would have no significant fiscal impact and would not result in either an increase or
             65      decrease in taxes or debt."
             66          (ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
             67      Planning and Budget shall include a summary statement in the initial fiscal impact estimate in
             68      substantially the following form:
             69          "The Governor's Office of Planning and Budget estimates that the law proposed by this
             70      initiative would result in a total fiscal expense/savings of $______, which includes a (type of
             71      tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state debt."
             72          (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
             73      difficult to reasonably express in a summary statement, the Governor's Office of Planning and
             74      Budget may include in the summary statement a brief explanation that identifies those factors
             75      affecting the variability or difficulty of the estimate.
             76          (3) Within 25 calendar days from the date that the lieutenant governor delivers a copy
             77      of the application, the Governor's Office of Planning and Budget shall:
             78          (a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
             79      office; and
             80          (b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
             81      the initiative application.
             82          (4) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days of
             83      the date of delivery of the initial fiscal impact estimate to the lieutenant governor's office, file a
             84      petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
             85      whole, is an inaccurate estimate of the fiscal impact of the initiative.
             86          (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
             87      to send notice of the petition to:
             88          (A) any person or group that has filed an argument with the lieutenant governor's office
             89      for or against the measure that is the subject of the challenge; and


             90          (B) any political issues committee established under Section 20A-11-801 that has filed
             91      written or electronic notice with the lieutenant governor that identifies the name, mailing or
             92      email address, and telephone number of the person designated to receive notice about any
             93      issues relating to the initiative.
             94          (b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
             95      Governor's Office of Planning and Budget is based upon reasonable assumptions, uses
             96      reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
             97      of the initiative.
             98          (ii) The Supreme Court may not revise the contents of, or direct the revision of, the
             99      initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
             100      evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
             101      statement of the estimated fiscal impact of the initiative.
             102          (iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
             103      to a master to examine the issue and make a report in accordance with Utah Rules of Civil
             104      Procedure, Rule 53.
             105          (c) The Supreme Court shall[, within 30 calendar days of the date that the appeal is
             106      filed,] certify to the lieutenant governor a fiscal impact estimate for the measure that meets the
             107      requirements of this section.
             108          Section 2. Section 20A-7-207 is amended to read:
             109           20A-7-207. Evaluation by the lieutenant governor.
             110          (1) When each initiative packet is received from a county clerk, the lieutenant governor
             111      shall check off from his record the number of each initiative packet filed.
             112          (2) (a) After all of the initiative packets have been received by the lieutenant governor,
             113      the lieutenant governor shall:
             114          (i) count the number of the names certified by the county clerks that appear on each
             115      verified signature sheet; and
             116          (ii) declare the petition to be sufficient or insufficient by June 1 before the regular
             117      general election.
             118          (b) If the total number of certified names from each verified signature sheet equals or
             119      exceeds the number of names required by Section 20A-7-201 , the lieutenant governor shall
             120      mark upon the front of the petition the word "sufficient."


             121          (c) If the total number of certified names from each verified signature sheet does not
             122      equal or exceed the number of names required by Section 20A-7-201 , the lieutenant governor
             123      shall mark upon the front of the petition the word "insufficient."
             124          (d) The lieutenant governor shall immediately notify any one of the sponsors of his
             125      finding.
             126          (3) Once a petition is declared insufficient, the sponsors may not submit additional
             127      signatures to qualify the petition for the pending regular general election.
             128          (4) (a) If the lieutenant governor refuses to accept and file any initiative petition that a
             129      sponsor believes is legally sufficient, any voter may, by June 15, apply to the Supreme Court
             130      for an extraordinary writ to compel the lieutenant governor to do so.
             131          (b) The Supreme Court shall:
             132          (i) determine whether or not the initiative petition is legally sufficient; and
             133          (ii) certify its findings to the lieutenant governor [by July 30].
             134          (c) If the Supreme Court certifies that the initiative petition is legally sufficient, the
             135      lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
             136      date on which it was originally offered for filing in his office.
             137          (d) If the Supreme Court determines that any petition filed is not legally sufficient, the
             138      Supreme Court may enjoin the lieutenant governor and all other officers from certifying or
             139      printing the ballot title and numbers of that measure on the official ballot for the next election.
             140          Section 3. Section 20A-7-209 is amended to read:
             141           20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
             142      Research and General Counsel.
             143          (1) By July 6 before the regular general election, the lieutenant governor shall deliver a
             144      copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
             145      Research and General Counsel.
             146          (2) (a) The Office of Legislative Research and General Counsel shall:
             147          (i) entitle each state initiative that has qualified for the ballot " Proposition Number __"
             148      and give it a number as assigned under Section 20A-6-107 ;
             149          (ii) prepare an impartial ballot title for each initiative summarizing the contents of the
             150      measure; and
             151          (iii) return each petition and ballot title to the lieutenant governor by July 20.


             152          (b) The ballot title may be distinct from the title of the proposed law attached to the
             153      initiative petition, and shall be not more than 100 words.
             154          (c) For each state initiative, the official ballot shall show:
             155          (i) the number of the initiative as determined by the Office of Legislative Research and
             156      General Counsel;
             157          (ii) the ballot title as determined by the Office of Legislative Research and General
             158      Counsel; and
             159          (iii) the initial fiscal impact estimate prepared under Section 20A-7-202.5 .
             160          (3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any
             161      sponsor of the petition.
             162          (4) (a) (i) At least three of the sponsors of the petition may, by July 30, challenge the
             163      wording of the ballot title prepared by the Office of Legislative Research and General Counsel
             164      to the Supreme Court.
             165          (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
             166      to send notice of the appeal to:
             167          (A) any person or group that has filed an argument for or against the measure that is the
             168      subject of the challenge; or
             169          (B) any political issues committee established under Section 20A-11-801 that has filed
             170      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.
             173          (b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
             174      Research and General Counsel is an impartial summary of the contents of the initiative.
             175          (ii) The Supreme Court may not revise the wording of the ballot title unless the
             176      plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
             177      patently false or biased.
             178          (c) The Supreme Court shall:
             179          (i) examine the ballot title;
             180          (ii) hear arguments; and
             181          (iii) [by August 10,] certify to the lieutenant governor a ballot title for the measure that
             182      meets the requirements of this section.


             183          (d) The lieutenant governor shall[, no later than September 8,] certify the title verified
             184      by the Supreme Court to the county clerks to be printed on the official ballot.
             185          Section 4. Section 20A-7-211 is amended to read:
             186           20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
             187      proclamation.
             188          (1) The votes on the law proposed by the initiative petition shall be counted,
             189      canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
             190          (2) After the state board of canvassers completes its canvass, the lieutenant governor
             191      shall certify to the governor the vote for and against the law proposed by the initiative petition.
             192          (3) (a) The governor shall immediately issue a proclamation that:
             193          (i) gives the total number of votes cast in the state for and against each law proposed by
             194      an initiative petition; and
             195          (ii) declares those laws proposed by an initiative petition that were approved by
             196      majority vote to be in full force and effect as the law of [the state of] Utah.
             197          (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
             199      measure to be law that has received the greatest number of affirmative votes, regardless of the
             200      difference in the majorities which those measures have received.
             201          (c) (i) Within 10 days after the governor's proclamation, any qualified voter who signed
             202      the initiative petition proposing the law that is declared by the governor to be superseded by
             203      another measure approved at the same election may apply to the Supreme Court to review the
             204      governor's decision.
             205          (ii) The court shall:
             206          (A) [immediately] consider the matter and decide whether or not the proposed laws are
             207      in conflict; and
             208          (B) [within 10 days after the matter is submitted to it for decision,] certify its decision
             209      to the governor.
             210          (4) Within [30] 10 days after [his previous proclamation] the Supreme Court certifies
             211      its decision, the governor shall:
             212          (a) proclaim all those measures approved by the people as law that the Supreme Court
             213      has determined are not in conflict; and


             214          (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
             216      affirmative votes, regardless of difference in majorities.
             217          Section 5. Section 20A-7-308 is amended to read:
             218           20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
             219      Research and General Counsel.
             220          (1) Whenever a referendum petition is declared sufficient for submission to a vote of
             221      the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
             222      the Office of Legislative Research and General Counsel.
             223          (2) (a) The Office of Legislative Research and General Counsel shall:
             224          (i) entitle each state referendum that has qualified for the ballot "Proposition Number
             225      __" and give it a number as assigned under Section 20A-6-107 ;
             226          (ii) prepare an impartial ballot title for the referendum summarizing the contents of the
             227      measure; and
             228          (iii) return the petition and the ballot title to the lieutenant governor within 15 days
             229      after its receipt.
             230          (b) The ballot title may be distinct from the title of the law that is the subject of the
             231      petition, and shall be not more than 100 words.
             232          (c) The ballot title and the number of the measure as determined by the Office of
             233      Legislative Research and General Counsel shall be printed on the official ballot.
             234          (3) Immediately after the Office of Legislative Research and General Counsel files a
             235      copy of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of
             236      the ballot title to any of the sponsors of the petition.
             237          (4) (a) (i) At least three of the sponsors of the petition may, within 15 days of the date
             238      the lieutenant governor mails the ballot title, challenge the wording of the ballot title prepared
             239      by the Office of Legislative Research and General Counsel to the Supreme Court.
             240          (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
             241      to send notice of the appeal to:
             242          (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:
             254          (i) examine the ballot title;
             255          (ii) hear arguments; and
             256          (iii) [within five days of its decision,] certify to the lieutenant governor a ballot title for
             257      the measure that meets the requirements of this section.
             258          (d) The lieutenant governor shall certify the title verified by the Supreme Court to the
             259      county clerks to be printed on the official ballot.
             260          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.
             268          (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:
             300          (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:
             318          "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


Office of Legislative Research and General Counsel


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