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7 LONG TITLE
8 General Description:
9 This bill provides that, if the Legislature repeals or materially amends an initiative, the
10 repeal or amendment does not take effect unless and until approved by the voters.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that, if the Legislature repeals or materially amends an initiative, the repeal
14 or amendment does not take effect unless and until approved by the voters;
15 ▸ provides exceptions; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-7-214, as last amended by Laws of Utah 2019, Chapter 275
24 ENACTS:
25 20A-7-215, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 20A-7-214 is amended to read:
29 20A-7-214. Fiscal review -- Repeal, amendment, or resubmission.
30 (1) No later than 60 days after the date of an election in which the voters approve an
31 initiative petition, the Office of the Legislative Fiscal Analyst shall:
32 (a) for each initiative approved by the voters, prepare a final fiscal impact statement,
33 using current financial information and containing the information required by Subsection
34 20A-7-202.5(2); and
35 (b) deliver a copy of the final fiscal impact statement to:
36 (i) the president of the Senate;
37 (ii) the minority leader of the Senate;
38 (iii) the speaker of the House of Representatives;
39 (iv) the minority leader of the House of Representatives; and
40 (v) the first five sponsors listed on the initiative application.
41 (2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by 25%
42 or more, the Legislature shall review the final fiscal impact statement and may, in any
43 legislative session following the election in which the voters approved the initiative petition:
44 (a) subject to Section 20A-7-215, repeal the law established by passage of the
45 initiative;
46 (b) subject to Section 20A-7-215, amend the law established by passage of the
47 initiative; or
48 (c) pass a joint or concurrent resolution informing the voters that they may file an
49 initiative petition to repeal the law enacted by the passage of the initiative.
50 Section 2. Section 20A-7-215 is enacted to read:
51 20A-7-215. Legislature amending or repealing initiative -- Requirement to submit
52 action to voters -- Exceptions.
53 (1) Except as provided in Subsection (2), if, after the voters approve a law proposed by
54 initiative under this part, the Legislature passes a bill repealing or amending the law, and the
55 bill becomes law:
56 (a) the lieutenant governor shall submit the bill passed by the Legislature for approval
57 or rejection by the voters at the next regular general election that is at least 180 days after the
58 bill becomes law;
59 (b) the lieutenant governor, the Office of Legislative Research and General Counsel,
60 the Legislative Fiscal Analyst's Office, and all other persons shall, in relation to the vote,
61 comply with the provisions for submitting arguments and voter information in the same
62 manner as if the vote was on a statewide referendum and as if the sponsors of the initiative that
63 is repealed or amended by the Legislature are the sponsors of the statewide referendum; and
64 (c) the bill does not go into effect unless and until a majority of the voters voting at the
65 regular general election described in Subsection (1)(a) approve the bill.
66 (2) Subsection (1) does not apply if:
67 (a) the bill amends the law only by making technical changes, cross-reference changes,
68 or changes to conform with other legislation if the changes do not materially alter the law
69 passed by initiative; or
70 (b) the bill that amends or repeals the law passed by initiative does not become law
71 earlier than 10 years after the day on which the law passes by initiative.