1     
INITIATIVE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to statewide initiatives.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the effective date of laws enacted by statewide initiative;
13          ▸     modifies appeal provisions relating to conflicting initiatives; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-7-211, as last amended by Laws of Utah 2010, Chapter 367
22          20A-7-212, as last amended by Laws of Utah 2001, Chapter 20
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-7-211 is amended to read:
26          20A-7-211. Return and canvass -- Conflicting measures -- Law effective on
27     proclamation.
28          (1) The votes on the law proposed by the initiative petition shall be counted,
29     canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
30          (2) After the state board of canvassers completes its canvass, the lieutenant governor
31     shall certify to the governor the vote for and against the law proposed by the initiative petition.
32          (3) (a) The governor shall immediately issue a proclamation that:
33          (i) gives the total number of votes cast in the state for and against each law proposed by
34     an initiative petition; and
35          (ii) declares those laws proposed by an initiative petition that were approved by
36     majority vote to be in full force and effect [as the law of Utah] on the date described in
37     Subsection 20A-7-212(2).
38          (b) When the governor believes that two proposed laws, or that parts of two proposed
39     laws approved by the people at the same election are entirely in conflict, he shall proclaim that
40     measure to be law that has received the greatest number of affirmative votes, regardless of the
41     difference in the majorities which those measures have received.
42          (c) [(i)] Within 10 days after the governor's proclamation, any qualified voter who
43     signed the initiative petition proposing the law that is declared by the governor to be
44     superseded by another measure approved at the same election may [apply to the Supreme
45     Court] bring an action in the appropriate court to review the governor's decision.
46          [(ii) The court shall:]
47          [(A) consider the matter and decide whether or not the proposed laws are in conflict;
48     and]
49          [(B) certify its decision to the governor.]
50          (4) Within 10 days after the [Supreme Court certifies its decision] day on which the
51     court issues an order in an action described in Subsection (3)(c), the governor shall:
52          (a) proclaim all those measures approved by the people as law that the [Supreme
53     Court] court has determined are not entirely in conflict; and
54          (b) of all those measures approved by the people as law that the [Supreme Court has
55     determined] court determines to be entirely in conflict, proclaim as law [the one], regardless of
56     the difference in majorities, the law that received the greatest number of affirmative votes,
57     [regardless of difference in majorities] to be in full force and effect on the date described in
58     Subsection 20A-7-212(2).
59          Section 2. Section 20A-7-212 is amended to read:
60          20A-7-212. Effective date.
61          (1) A proposed law submitted to the Legislature by initiative petition and [enacted by
62     them] passed by the Legislature takes effect 60 days after the [final adjournment of the session
63     of the Legislature that passed it, unless a different] last day of the session of the Legislature in
64     which the law passed, unless:
65          (a) a later effective date is included in the proposed law; or
66          (b) an earlier effective date is included in the proposed law and the proposed law
67     passes the Legislature by a two-thirds vote of the members elected to each house of the
68     Legislature.
69          (2) [(a) Any] A proposed law submitted to the people by initiative petition that is
70     approved by the voters at [any election does not take effect until at least five days after the date
71     of the official proclamation of the vote by the governor.] an election takes effect:
72          (a) except as provided in Subsections (2)(b) through (e), on the day that is 60 days after
73     the last day of the general session of the Legislature next following the election;
74          (b) except as provided in Subsection (2)(d) or (e), if the proposed law effectuates a tax
75     increase:
76          (i) except as provided in Subsection (2)(b)(ii), January 1 of the year after the general
77     session of the Legislature next following the election; or
78          (ii) at the beginning of the applicable taxable year that begins on or after January 1 of
79     the year after the general session of the Legislature next following the election, for a tax
80     described in:
81          (A) Title 59, Chapter 6, Mineral Production Tax Withholding;
82          (B) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
83          (C) Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to
84     Pay Corporate Franchise or Income Tax Act; or
85          (D) Title 59, Chapter 10, Individual Income Tax Act;
86          (c) except as provided in Subsection (2)(d) or (e), if the proposed law effectuates a tax
87     decrease:
88          (i) except as provided in Subsection (2)(c)(ii), April 1 immediately following the
89     election; or
90          (ii) for a tax described in Subsection (2)(b)(ii)(A) through (D), at the beginning of the
91     applicable taxable year that begins on or after January 1 immediately following the election;
92          (d) except as provided in Subsection (2)(e), January 1 of the year after the general
93     session of the Legislature next following the election, if the proposed law effectuates a change
94     in a tax described in:
95          (i) Title 59, Chapter 2, Property Tax Act;
96          (ii) Title 59, Chapter 3, Tax Equivalent Property Act; or
97          (iii) Title 59, Chapter 4, Privilege Tax; or
98          (e) if the proposed law specifies a special effective date that is after the otherwise
99     applicable effective date described in Subsections (2)(a) through (d), the date specified in the
100     proposed law.
101          [(b) Any act or law submitted to the people by initiative that is approved by the voters
102     at any election takes effect on the date specified in the initiative petition.]
103          [(c) If the initiative petition does not specify an effective date, a law approved by the
104     voters at any election takes effect five days after the date of the official proclamation of the
105     vote by the governor.]
106          (3) (a) The governor may not veto a law adopted by the people.
107          (b) The Legislature may amend any initiative approved by the people at any legislative
108     session.