Representative Daniel McCay proposes the following substitute bill:


1     
ELECTION MODIFICATIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions of the Election Code.
10     Highlighted Provisions:
11          This bill:
12          ▸      clarifies certain deadlines relating to issues submitted to voters; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          20A-7-202.5, as last amended by Laws of Utah 2013, Chapter 310
21          20a-7-308, as last amended by Laws of Utah 2010, Chapter 367
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 20A-7-202.5 is amended to read:
25          20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge

26     to estimate.
27          (1) Within three working days of receipt of an application for an initiative petition, the
28     lieutenant governor shall submit a copy of the application to the Governor's Office of
29     Management and Budget.
30          (2) (a) The Governor's Office of Management and Budget shall prepare an unbiased,
31     good faith estimate of the fiscal impact of the law proposed by the initiative that contains:
32          (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
33          (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
34     the total estimated increase or decrease for each type of tax affected under the proposed law
35     and a dollar amount representing the total estimated increase or decrease in taxes under the
36     proposed law;
37          (iii) if the proposed law would result in the issuance or a change in the status of bonds,
38     notes, or other debt instruments, a dollar amount representing the total estimated increase or
39     decrease in public debt under the proposed law;
40          (iv) a listing of all sources of funding for the estimated costs associated with the
41     proposed law showing each source of funding and the percentage of total funding provided
42     from each source;
43          (v) a dollar amount representing the estimated costs or savings, if any, to state and
44     local government entities under the proposed law; and
45          (vi) a concise explanation, not exceeding 100 words, of the above information and of
46     the estimated fiscal impact, if any, under the proposed law.
47          (b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
48     of Management and Budget shall include a summary statement in the initial fiscal impact
49     statement in substantially the following form:
50          "The Governor's Office of Management and Budget estimates that the law proposed by
51     this initiative would have no significant fiscal impact and would not result in either an increase
52     or decrease in taxes or debt."
53          (ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
54     Management and Budget shall include a summary statement in the initial fiscal impact estimate
55     in substantially the following form:
56          "The Governor's Office of Management and Budget estimates that the law proposed by

57     this initiative would result in a total fiscal expense/savings of $______, which includes a (type
58     of tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state
59     debt."
60          (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
61     difficult to reasonably express in a summary statement, the Governor's Office of Management
62     and Budget may include in the summary statement a brief explanation that identifies those
63     factors affecting the variability or difficulty of the estimate.
64          (3) The Governor's Office of Management and Budget shall prepare an unbiased, good
65     faith estimate of the cost of printing and distributing information related to the initiative
66     petition in:
67          (a) the voter information pamphlet as required by Title 20A, Chapter 7, Part 7, Voter
68     Information Pamphlet; or
69          (b) the newspaper, as required by Section 20A-7-702.
70          (4) Within 25 calendar days [from the date that] after the day on which the lieutenant
71     governor delivers a copy of the application, the Governor's Office of Management and Budget
72     shall:
73          (a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
74     office; and
75          (b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
76     the initiative application.
77          (5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days
78     [of the date of delivery of] after the day on which the Governor's Office of Management and
79     Budget delivers the initial fiscal impact estimate to the lieutenant governor's office, file a
80     petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
81     whole, is an inaccurate estimate of the fiscal impact of the initiative.
82          (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
83     to send notice of the petition to:
84          (A) any person or group that has filed an argument with the lieutenant governor's office
85     for or against the measure that is the subject of the challenge; and
86          (B) any political issues committee established under Section 20A-11-801 that has filed
87     written or electronic notice with the lieutenant governor that identifies the name, mailing or

88     email address, and telephone number of the person designated to receive notice about any
89     issues relating to the initiative.
90          (b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
91     Governor's Office of Management and Budget is based upon reasonable assumptions, uses
92     reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
93     of the initiative.
94          (ii) The Supreme Court may not revise the contents of, or direct the revision of, the
95     initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
96     evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
97     statement of the estimated fiscal impact of the initiative.
98          (iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
99     to a master to examine the issue and make a report in accordance with Utah Rules of Civil
100     Procedure, Rule 53.
101          (c) The Supreme Court shall certify to the lieutenant governor a fiscal impact estimate
102     for the measure that meets the requirements of this section.
103          Section 2. Section 20a-7-308 is amended to read:
104          20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
105     Research and General Counsel.
106          (1) Whenever a referendum petition is declared sufficient for submission to a vote of
107     the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
108     the Office of Legislative Research and General Counsel.
109          (2) (a) The Office of Legislative Research and General Counsel shall:
110          (i) entitle each state referendum that has qualified for the ballot "Proposition Number
111     __" and give it a number as assigned under Section 20A-6-107;
112          (ii) prepare an impartial ballot title for the referendum summarizing the contents of the
113     measure; and
114          (iii) return the petition and the ballot title to the lieutenant governor within 15 days
115     after its receipt.
116          (b) The ballot title may be distinct from the title of the law that is the subject of the
117     petition, and shall be not more than 100 words.
118          (c) The ballot title and the number of the measure as determined by the Office of

119     Legislative Research and General Counsel shall be printed on the official ballot.
120          (3) Immediately after the Office of Legislative Research and General Counsel files a
121     copy of the ballot title with the lieutenant governor, the lieutenant governor shall mail a copy of
122     the ballot title to any of the sponsors of the petition.
123          (4) (a) (i) At least three of the sponsors of the petition may, within 15 days [of the date]
124      after the day on which the lieutenant governor mails the ballot title, challenge the wording of
125     the ballot title prepared by the Office of Legislative Research and General Counsel to the
126     Supreme Court.
127          (ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
128     to send notice of the appeal to:
129          (A) any person or group that has filed an argument for or against the measure that is the
130     subject of the challenge; or
131          (B) any political issues committee established under Section 20A-11-801 that has filed
132     written or electronic notice with the lieutenant governor that identifies the name, mailing or
133     email address, and telephone number of the person designated to receive notice about any
134     issues relating to the initiative.
135          (b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
136     Research and General Counsel is an impartial summary of the contents of the referendum.
137          (ii) The Supreme Court may not revise the wording of the ballot title unless the
138     plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
139     patently false or biased.
140          (c) The Supreme Court shall:
141          (i) examine the ballot title;
142          (ii) hear arguments; and
143          (iii) certify to the lieutenant governor a ballot title for the measure that meets the
144     requirements of this section.
145          (d) The lieutenant governor shall certify the title verified by the Supreme Court to the
146     county clerks to be printed on the official ballot.