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7 LONG TITLE
8 General Description:
9 This bill amends procedures relating to a statewide initiative.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires an application for a statewide initiative petition to contain information
13 relating to funding sources for the proposed law;
14 ▸ modifies public hearing requirements relating to a statewide initiative;
15 ▸ modifies ballot requirements and ballot title challenge provisions;
16 ▸ provides that the Office of the Legislative Fiscal Analyst shall prepare the fiscal
17 impact statement for an initiative;
18 ▸ modifies the fiscal impact statement for an initiative; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a coordination clause.
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-7-202, as last amended by Laws of Utah 2017, Chapter 291
27 20A-7-202.5, as last amended by Laws of Utah 2017, Chapter 291
28 20A-7-203, as last amended by Laws of Utah 2017, Chapter 291
29 20A-7-204.1, as last amended by Laws of Utah 2017, Chapter 291
30 20A-7-208, as last amended by Laws of Utah 1999, Chapter 115
31 20A-7-209, as last amended by Laws of Utah 2017, Chapter 291
32 20A-7-210, as last amended by Laws of Utah 2009, Chapter 202
33 20A-7-214, as last amended by Laws of Utah 2018, Chapter 281
34 Utah Code Sections Affected by Coordination Clause:
35 20A-7-204.1, as last amended by Laws of Utah 2017, Chapter 291
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-7-202 is amended to read:
39 20A-7-202. Statewide initiative process -- Application procedures -- Time to
40 gather signatures -- Grounds for rejection.
41 (1) Persons wishing to circulate an initiative petition shall file an application with the
42 lieutenant governor.
43 (2) The application shall contain:
44 (a) the name and residence address of at least five sponsors of the initiative petition;
45 (b) a statement indicating that each of the sponsors:
46 (i) is a resident of Utah; and
47 (ii) has voted in a regular general election in Utah within the last three years;
48 (c) the signature of each of the sponsors, attested to by a notary public;
49 (d) a copy of the proposed law that includes, in the following order:
50 (i) the title of the proposed law, [
51 [
52 (ii) a description of all proposed sources of funding for the costs associated with the
53 proposed law, including the proposed percentage of total funding from each source; and
54 [
55 (e) if the initiative petition proposes a tax increase, the following statement, "This
56 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
57 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
58 increase in the current tax rate."; and
59 (f) a statement indicating whether persons gathering signatures for the petition may be
60 paid for doing so.
61 (3) The application and [
62 lieutenant governor.
63 (4) If the petition fails to qualify for the ballot of the election described in Subsection
64 20A-7-201(2)(b), the sponsors shall:
65 (a) submit a new application;
66 (b) obtain new signature sheets; and
67 (c) collect signatures again.
68 (5) The lieutenant governor shall reject the application or application addendum filed
69 under Subsection 20A-7-204.1(5) and not issue circulation sheets if:
70 (a) the law proposed by the initiative is patently unconstitutional;
71 (b) the law proposed by the initiative is nonsensical;
72 (c) the proposed law could not become law if passed;
73 (d) the proposed law contains more than one subject as evaluated in accordance with
74 Subsection (6);
75 (e) the subject of the proposed law is not clearly expressed in the law's title; or
76 (f) the law proposed by the initiative is identical or substantially similar to a law
77 proposed by an initiative that was submitted to the county clerks and lieutenant governor for
78 certification and evaluation within two years preceding the date on which the application for
79 this initiative was filed.
80 (6) To evaluate whether the proposed law contains more than one subject under
81 Subsection (5)(d), the lieutenant governor shall apply the same standard provided in Utah
82 Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
83 than one subject.
84 Section 2. Section 20A-7-202.5 is amended to read:
85 20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
86 to estimate.
87 (1) Within three working days [
88 governor receives an application for an initiative petition, the lieutenant governor shall submit
89 a copy of the application to the [
90 Legislative Fiscal Analyst.
91 (2) (a) The [
92 Fiscal Analyst shall prepare an unbiased, good faith estimate of the fiscal impact of the law
93 proposed by the initiative that contains:
94 (i) a dollar amount representing the total estimated fiscal impact of the proposed law;
95 (ii) if the proposed law would increase or decrease taxes, a dollar amount representing
96 the total estimated increase or decrease for each type of tax affected under the proposed law
97 and a dollar amount representing the total estimated increase or decrease in taxes under the
98 proposed law;
99 (iii) if the proposed law would increase taxes, the tax percentage difference and the tax
100 percentage increase;
101 (iv) if the proposed law would result in the issuance or a change in the status of bonds,
102 notes, or other debt instruments, a dollar amount representing the total estimated increase or
103 decrease in public debt under the proposed law;
104 (v) a listing of all sources of funding for the estimated costs associated with the
105 proposed law showing each source of funding and the percentage of total funding provided
106 from each source;
107 (vi) a dollar amount representing the estimated costs or savings, if any, to state and
108 local government entities under the proposed law; [
109 (vii) a concise explanation, not exceeding 100 words, of the above information and of
110 the estimated fiscal impact, if any, under the proposed law[
111 (viii) a concise description and analysis titled "Funding Source," not to exceed 50
112 words, of the funding source information described in Subsection 20A-7-202(2)(d)(ii).
113 (b) (i) If the proposed law is estimated to have no fiscal impact, the [
114
115 statement in the initial fiscal impact statement in substantially the following form:
116 "The [
117 Analyst estimates that the law proposed by this initiative would have no significant fiscal
118 impact and would not result in either an increase or decrease in taxes or debt."
119 (ii) If the proposed law is estimated to have a fiscal impact, the [
120
121 statement in the initial fiscal impact estimate in substantially the following form:
122 "The [
123 Analyst estimates that the law proposed by this initiative would result in a total fiscal
124 expense/savings of $______, which includes a (type of tax or taxes) tax increase/decrease of
125 $______ and a $______ increase/decrease in state debt."
126 (iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
127 difficult to reasonably express in a summary statement, the [
128
129 brief explanation that identifies those factors affecting the variability or difficulty of the
130 estimate.
131 (iv) If the proposed law imposes a tax increase, the [
132
133 initial fiscal impact estimate in substantially the following form:
134 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
135 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
136 percent increase in the current tax rate."
137 (3) The [
138 Fiscal Analyst shall prepare an unbiased, good faith estimate of the cost of printing and
139 distributing information related to the initiative petition in:
140 (a) the voter information pamphlet as required by Title 20A, Chapter 7, Part 7, Voter
141 Information Pamphlet; or
142 (b) the newspaper, as required by Section 20A-7-702.
143 (4) Within 25 calendar days [
144 governor delivers a copy of the application, the [
145
146 (a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
147 office; and
148 (b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
149 the initiative application.
150 (5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days
151 [
152 office, file a petition with the [
153 impact estimate, taken as a whole, is an inaccurate estimate of the fiscal impact of the
154 initiative.
155 (ii) After receipt of the appeal, the [
156 governor to send notice of the petition to:
157 (A) any person or group that has filed an argument with the lieutenant governor's office
158 for or against the measure that is the subject of the challenge; and
159 (B) any political issues committee established under Section 20A-11-801 that has filed
160 written or electronic notice with the lieutenant governor that identifies the name, mailing or
161 email address, and telephone number of the person designated to receive notice about any
162 issues relating to the initiative.
163 (b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
164 [
165 based upon reasonable assumptions, uses reasonable data, and applies accepted analytical
166 methods to present the estimated fiscal impact of the initiative.
167 (ii) The [
168 the initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and
169 convincing evidence that establishes that the initial fiscal estimate, taken as a whole, is an
170 inaccurate statement of the estimated fiscal impact of the initiative.
171 (iii) The [
172 estimate to a master to examine the issue and make a report in accordance with Utah Rules of
173 Civil Procedure, Rule 53.
174 (c) The [
175 estimate for the measure that meets the requirements of this section.
176 Section 3. Section 20A-7-203 is amended to read:
177 20A-7-203. Form of initiative petition and signature sheets.
178 (1) (a) Each proposed initiative petition shall be printed in substantially the following
179 form:
180 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
181 We, the undersigned citizens of Utah, respectfully demand that the following proposed
182 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
183 regular general election/session to be held/ beginning on _________(month\day\year);
184 Each signer says:
185 I have personally signed this petition;
186 I am registered to vote in Utah or intend to become registered to vote in Utah before the
187 certification of the petition names by the county clerk; and
188 My residence and post office address are written correctly after my name.
189 NOTICE TO SIGNERS:
190 Public hearings to discuss this petition were held at: (list dates and locations of public
191 hearings.)"
192 (b) If the initiative petition proposes a tax increase, the following statement shall
193 appear, in at least 14-point, bold type, immediately following the information described in
194 Subsection (1)(a):
195 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
196 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
197 percent increase in the current tax rate."
198 (c) The sponsors of an initiative shall attach a copy of the proposed law to each
199 initiative petition.
200 (2) Each signature sheet shall:
201 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
202 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
203 that line blank for the purpose of binding;
204 (c) contain the title of the initiative printed below the horizontal line, in at least
205 14-point, bold type;
206 (d) be vertically divided into columns as follows:
207 (i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
208 wide, be headed with "For Office Use Only," and be subdivided with a light vertical line down
209 the middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
210 (ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
211 Name (must be legible to be counted)";
212 (iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
213 Voter";
214 (iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
215 and
216 (v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
217 Code";
218 (e) spanning the sheet horizontally beneath each row on which a registered voter may
219 submit the information described in Subsection (2)(d), contain the following statement printed
220 or typed in not less than eight-point type:
221 "By signing this petition, you are stating that you have read and understand the law
222 proposed by this petition."; and
223 (f) at the bottom of the sheet, contain in the following order:
224 (i) the title of the initiative, in at least 14-point, bold type;
225 (ii) the initial fiscal impact estimate's summary statement issued by the [
226
227 Subsection 20A-7-202.5(2)(b), including any update in accordance with Subsection
228 20A-7-204.1[
229 the initiative petition in accordance with Subsection 20A-7-202.5(3), in not less than 12-point,
230 bold type;
231 (iii) the word "Warning," followed by the following statement in not less than
232 eight-point type:
233 "It is a class A misdemeanor for an individual to sign an initiative petition with a name
234 other than the individual's own name, or to knowingly sign the individual's name more than
235 once for the same measure, or to sign an initiative petition when the individual knows that the
236 individual is not a registered voter and knows that the individual does not intend to become
237 registered to vote before the certification of the petition names by the county clerk.";
238 (iv) the following statement: "Birth date or age information is not required, but it may
239 be used to verify your identity with voter registration records. If you choose not to provide it,
240 your signature may not be verified as a valid signature if you change your address before
241 petition signatures are verified or if the information you provide does not match your voter
242 registration records."; and
243 (v) if the initiative petition proposes a tax increase, spanning the bottom of the sheet,
244 horizontally, in not less than 14-point, bold type, the following statement:
245 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
246 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
247 percent increase in the current tax rate."
248 (3) The final page of each initiative packet shall contain the following printed or typed
249 statement:
250 "Verification
251 State of Utah, County of ____
252 I, _______________, of ____, hereby state that:
253 I am a resident of Utah and am at least 18 years old;
254 All the names that appear in this packet were signed by individuals who professed to be
255 the individuals whose names appear in it, and each of the individuals signed the individual's
256 name on it in my presence;
257 I believe that each individual has printed and signed the individual's name and written
258 the individual's post office address and residence correctly, and that each signer is registered to
259 vote in Utah or intends to become registered to vote before the certification of the petition
260 names by the county clerk.
261 I have not paid or given anything of value to any person who signed this petition to
262 encourage that person to sign it.
263 ________________________________________________________________________
264 (Name) (Residence Address) (Date)"
265 (4) The forms prescribed in this section are not mandatory, and, if substantially
266 followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
267 errors.
268 Section 4. Section 20A-7-204.1 is amended to read:
269 20A-7-204.1. Public hearings to be held before initiative petitions are circulated --
270 Changes to an initiative and initial fiscal impact estimate.
271 (1) (a) After issuance of the initial fiscal impact estimate by the [
272
273 initiative petitions for signature statewide, sponsors of the initiative petition shall hold at least
274 seven public hearings throughout Utah as follows:
275 (i) one in the Bear River region -- Box Elder, Cache, or Rich County;
276 (ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
277 County;
278 (iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
279 (iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
280 County;
281 (v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
282 (vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
283 (vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
284 County.
285 (b) Of the seven [
286 least two of the [
287 not in the same county.
288 (c) The sponsors may not hold a public hearing described in this section until the later
289 of:
290 (i) one day after the day on which a sponsor receives a copy of the initial fiscal impact
291 estimate under Subsection 20A-7-202.5(4)(b); or
292 (ii) if three or more sponsors file a petition challenging the accuracy of the initial fiscal
293 impact statement under Section 20A-7-202.5, the day after the day on which the action is final.
294 (2) At least three calendar days before the date of the public hearing, the sponsors
295 shall:
296 (a) provide written notice of the public hearing to:
297 (i) the lieutenant governor for posting on the state's website; and
298 (ii) each state senator, state representative, and county commission or county council
299 member who is elected in whole or in part from the region where the public hearing will be
300 held; and
301 (b) publish written notice of the public hearing detailing its time, date, and location:
302 (i) in at least one newspaper of general circulation in each county in the region where
303 the public hearing will be held; and
304 (ii) on the Utah Public Notice Website created in Section 63F-1-701.
305 (3) If the initiative petition proposes a tax increase, the written notice described in
306 Subsection (2) shall include the following statement, in bold, in the same font and point size as
307 the largest font and point size appearing in the notice:
308 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
309 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
310 percent increase in the current tax rate."
311 (4) (a) During the public hearing, the sponsors shall either:
312 (i) video tape or audio tape the public hearing and, when the hearing is complete,
313 deposit the complete audio or video tape of the meeting with the lieutenant governor; or
314 (ii) take comprehensive minutes of the public hearing, detailing the names and titles of
315 each speaker and summarizing each speaker's comments.
316 (b) The lieutenant governor shall make copies of the tapes or minutes available to the
317 public.
318 (c) For each public hearing, the sponsors shall:
319 (i) during the entire time that the public hearing is held, post a copy of the initial fiscal
320 impact statement in a conspicuous location at the entrance to the room where the sponsors hold
321 the public hearing; and
322 (ii) place at least 50 copies of the initial fiscal impact statement, for distribution to
323 public hearing attendees, in a conspicuous location at the entrance to the room where the
324 sponsors hold the public hearing.
325 (5) (a) Within 14 days after [
326 seventh public hearing [
327 initiative petition for signatures, the sponsors of the initiative petition may change the text of
328 the proposed law if:
329 (i) a change to the text is:
330 (A) germane to the text of the proposed law filed with the lieutenant governor under
331 Section 20A-7-202; and
332 (B) consistent with the requirements of Subsection 20A-7-202(5); and
333 (ii) each sponsor signs, attested to by a notary public, an application addendum to
334 change the text of the proposed law.
335 (b) (i) Within three working days [
336 governor receives an application addendum to change the text of the proposed law in an
337 initiative petition, the lieutenant governor shall submit a copy of the application addendum to
338 the [
339 (ii) The [
340 Fiscal Analyst shall update the initial fiscal impact estimate by following the procedures and
341 requirements of Section 20A-7-202.5 to reflect a change to the text of the proposed law.
342 Section 5. Section 20A-7-208 is amended to read:
343 20A-7-208. Disposition of initiative petitions by the Legislature.
344 (1) (a) Except as provided in Subsection (1)(b), when the lieutenant governor delivers
345 an initiative petition to the Legislature, the law proposed by that initiative petition shall be
346 either enacted or rejected without change or amendment by the Legislature.
347 (b) The speaker of the House and the president of the Senate may direct legislative staff
348 to[
349 [
350
351 (c) If any law proposed by an initiative petition is enacted by the Legislature, [
352 law is subject to referendum the same as other laws.
353 (2) If any law proposed by a petition is not enacted by the Legislature, that proposed
354 law shall be submitted to a vote of the people at the next regular general election if:
355 (a) sufficient additional signatures to the petition are first obtained to bring the total
356 number of signatures up to the number required by Subsection 20A-7-201(2); and
357 (b) those additional signatures are verified, certified by the county clerks, and declared
358 sufficient by the lieutenant governor as provided in this part.
359 Section 6. Section 20A-7-209 is amended to read:
360 20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
361 Research and General Counsel.
362 (1) [
363 governor shall deliver a copy of all of the proposed laws that have qualified for the ballot to the
364 Office of Legislative Research and General Counsel.
365 (2) (a) The Office of Legislative Research and General Counsel shall:
366 (i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
367 and give it a number as assigned under Section 20A-6-107;
368 (ii) prepare an impartial ballot title for each initiative summarizing the contents of the
369 measure; and
370 (iii) return each petition and ballot title to the lieutenant governor by June 26.
371 (b) The ballot title may be distinct from the title of the proposed law attached to the
372 initiative petition, and shall be not more than 100 words.
373 (c) If the initiative proposes a tax increase, the Office of Legislative Research and
374 General Counsel shall include the following statement, in bold, in the ballot title:
375 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
376 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
377 increase in the current tax rate."
378 (d) For each state initiative, the official ballot shall show, in the following order:
379 (i) the number of the initiative as determined by the Office of Legislative Research and
380 General Counsel;
381 (ii) the initial fiscal impact estimate prepared under Section 20A-7-202.5, as updated
382 under Section 20A-7-204.1; and
383 [
384 General Counsel[
385 [
386
387 (3) [
388 title to any sponsor of the petition.
389 (4) (a) (i) At least three of the sponsors of the petition may, [
390 challenge the wording of the ballot title prepared by the Office of Legislative Research and
391 General Counsel to the [
392 (ii) After receipt of the [
393 lieutenant governor to send notice of the [
394 (A) any person or group that has filed an argument for or against the measure that is the
395 subject of the challenge; or
396 (B) any political issues committee established under Section 20A-11-801 that has filed
397 written or electronic notice with the lieutenant governor that identifies the name, mailing or
398 email address, and telephone number of the person designated to receive notice about any
399 issues relating to the initiative.
400 (b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
401 Research and General Counsel is an impartial summary of the contents of the initiative.
402 (ii) The [
403 plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
404 patently false or biased.
405 (c) The [
406 (i) examine the ballot title;
407 (ii) hear arguments; and
408 (iii) certify to the lieutenant governor a ballot title for the measure that meets the
409 requirements of this section.
410 (d) The lieutenant governor shall certify the title verified by the [
411 to the county clerks to be printed on the official ballot.
412 Section 7. Section 20A-7-210 is amended to read:
413 20A-7-210. Form of ballot -- Manner of voting.
414 (1) [
415
416 20A-7-209(2)(d) is presented, in the order required, upon the official ballot with, immediately
417 adjacent to [
418 an adjacent square in which the [
419 (2) [
420 initiative petition shall mark the square adjacent to the word "For," and [
421 to vote against enacting the law proposed by the initiative petition shall mark the square
422 adjacent to the word "Against."
423 Section 8. Section 20A-7-214 is amended to read:
424 20A-7-214. Fiscal review -- Repeal, amendment, or resubmission.
425 (1) No later than 60 days after the date of an election in which the voters approve an
426 initiative petition, the [
427 Fiscal Analyst shall:
428 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
429 using current financial information and containing the information required by Subsection
430 20A-7-202.5(2); and
431 (b) deliver a copy of the final fiscal impact statement to:
432 (i) the president of the Senate;
433 (ii) the minority leader of the Senate;
434 (iii) the speaker of the House of Representatives;
435 (iv) the minority leader of the House of Representatives; and
436 (v) the first five sponsors listed on the initiative application.
437 (2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
438 or more, the Legislature shall review the final fiscal impact statement and may, in any
439 legislative session following the election in which the voters approved the initiative petition:
440 (a) repeal the law established by passage of the initiative;
441 (b) amend the law established by passage of the initiative; or
442 (c) pass a joint or concurrent resolution informing the voters that they may file an
443 initiative petition to repeal the law enacted by the passage of the initiative.
444 Section 9. Coordinating S.B. 151 with S.B. 33 -- Substantive and technical
445 amendments.
446 If this S.B. 151 and S.B. 33, Political Procedures Amendments, both pass and become
447 law, it is the intent of the Legislature that the Office of Legislative Research and General
448 Counsel shall prepare the Utah Code database for publication by amending Subsection
449 20A-7-204.1(5)(a) to read:
450 "(5) (a) [
451 sponsors conduct the seventh public hearing [
452 before circulating an initiative petition for signatures, the sponsors of the initiative petition may
453 change the text of the proposed law if:
454 (i) a change to the text is:
455 (A) germane to the text of the proposed law filed with the lieutenant governor under
456 Section 20A-7-202; and
457 (B) consistent with the requirements of Subsection 20A-7-202(5); and
458 (ii) each sponsor signs, attested to by a notary public, an application addendum to
459 change the text of the proposed law.".