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:
17 Other Special Clauses:
19 Utah Code Sections Affected:
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
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
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 [
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) [
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44 superseded by another measure approved at the same election may [
50 (4) Within 10 days after 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 [
54 (b) of all those measures approved by the people as law that the [
56 the difference in majorities, the law that received the greatest number of affirmative votes,
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 [
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
69 (2) [
70 approved by the voters at [
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
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
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.
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