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H.B. 142
This document includes House Floor Amendments incorporated into the bill on Thu, Feb
17, 2005 at 1:15 PM by chopkin. -->
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Wed, Mar 2, 2005 at 4:55 PM by rday. -->
1
ISSUES SUBMITTED TO VOTERS
2
2005 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Gregory H. Hughes
5
Michael T. Morley
6
7
LONG TITLE
8
General Description:
9
This bill modifies statewide and local initiative requirements and other ballot measures
10
initiated by citizen petition by requiring fiscal impact estimates and by authorizing the
11
repeal or amendment of laws when final estimated costs exceed initial cost estimates by
12
a certain amount.
13
Highlighted Provisions:
14
This bill:
14a
H. . establishes uniform standards for determining whether a signer's signature on a
14b
local initiative petition is valid or not;
14c
. provides for placement of birth date information on initiative petitions; .H
15
. requires that statewide initiative petitions approved for signature circulation receive
16
an initial fiscal impact review by the Governor's Office of Planning and Budget;
17
. requires that local initiative petitions S. [
and fluoride petitions
] .S approved for
17a
signature
18
circulation receive an initial fiscal impact review by the local budget officer;
19
. establishes a procedure for judicial review of contested initial fiscal impact
20
statements;
21
. requires that the initial fiscal impact estimate be shown on each petition signature
22
sheet;
23
. clarifies that public meetings on statewide initiative petitions be held only after
24
issuance of the initial fiscal impact estimate;
25
S. [
. requires that petitions for adding fluorine to public water supplies comply with the
26
procedures and requirements for local initiatives;
] .S
27
. requires that voter information pamphlets include the initial fiscal impact estimate
28
issued for each statewide or local initiative;
29
. requires that the initial fiscal impact estimate appear on the ballot for all statewide
30
and local initiatives;
31
. requires that a final fiscal impact statement be issued by the Governor's Office of
32
Planning and Budget, or by the local budget officer for local initiatives S. [
or for
33
petitions to add or remove fluorine
] .S , for each initiative that is approved by the voters; S. and .S
34
. when the final fiscal impact statement for a statewide or local initiative exceeds the
35
initial fiscal impact estimate by S. [
15%
] 25% .S or more, authorizes the Legislature, or the
36
local legislative body in the case of a local initiative, to repeal the law, amend the
37
law, or inform the voters that they may bring a new initiative to repeal the law
38
enacted by passage of the initiative S. [
; and
39
. when there is a petition to obtain voter approval to add fluorine to a water system,
40
and the final cost estimate for adding fluorine exceeds the initial fiscal impact
41
estimate by 15% or more, authorizes the governing body having jurisdiction over
42
the water system to cease efforts to add fluorine to the water, to submit the matter
43
for a new vote, or to inform the voters that they may bring a new petition to repeal
44
the decision to add fluorine to the water
] .S .
45
Monies Appropriated in this Bill:
46
None
47
Other Special Clauses:
48
None
49
Utah Code Sections Affected:
50
AMENDS:
51
S. [
19-4-111, as last amended by Chapter 185, Laws of Utah 2003
52
19-4-111.1, as enacted by Chapter 16, Laws of Utah 2002
53
19-4-111.2, as enacted by Chapter 15, Laws of Utah 2002
] .S
54
20A-7-101, as last amended by Chapters 21 and 272, Laws of Utah 1994
55
20A-7-203, as last amended by Chapter 90, Laws of Utah 2004
56
20A-7-204.1, as enacted by Chapter 304, Laws of Utah 2003
57
20A-7-209, as last amended by Chapters 57, 65 and 169, Laws of Utah 2001
58
20A-7-402, as last amended by Chapter 272, Laws of Utah 1994
59
20A-7-503, as last amended by Chapter 3, Laws of Utah 2000
59a
H. 20A-7-506, as last amended by Chapter 3, laws of Utah 2000 .H
60
20A-7-702, as last amended by Chapter 90, Laws of Utah 2004
61
ENACTS:
62
20A-7-202.5, Utah Code Annotated 1953
63
20A-7-214, Utah Code Annotated 1953
64
20A-7-502.5, Utah Code Annotated 1953
64a
H. 20A-7-506.3, Utah Code Annotated 1953 .H
65
20A-7-513, Utah Code Annotated 1953
66
67
Be it enacted by the Legislature of the state of Utah:
68
S. [
Section 1.
Section
19-4-111
is amended to read:
69
19-4-111. Fluorine added to or removed from water -- Election required.
70
(1) As used in this section:
71
(a) "Budget officer" means:
72
(i) in the case of a county water system, the person designated as budget officer in
73
Section
17-19-19
;
74
(ii) in the case of a city water system, the person designated as budget officer in
75
Subsection
10-6-106
(5);
76
(iii) in the case of a town water system, the town council; or
77
(iv) in the case of a special district water system, the person designated as budget
78
officer in Section
17A-1-404
.
79
(b) "Final fiscal impact statement" means a financial statement prepared after voters
80
approve a petition for adding or removing fluorine that contains the information required by
81
Subsection
20A-7-502.5
(2).
82
(c) "Governing body" means:
83
(i) the county legislative body, for county water systems;
84
(ii) the municipal legislative body, for municipal water systems; or
85
(iii) the special district board, for special district water systems.
86
(d) "Initial fiscal impact estimate" means a financial statement prepared according to
87
the terms of Section
20A-7-502.5
after the filing of an application for a petition to add or
88
remove fluorine.
89
(e) "Removal" means ceasing to add fluorine to a public water supply after the addition
] .S
90
S. [
was previously approved by the voters of a political subdivision.
91
[(1)] (2) (a) Except as provided in Subsection
19-4-104
(1)(a)(i), public water supplies,
92
whether state, county, municipal, or district, may not have fluorine or any of its derivatives or
93
compounds added to or removed from them without the approval of a majority of voters in an
94
election in the area affected.
95
(b) An election shall be held:
96
(i) upon the filing of [an initiative] a petition requesting the action [in accordance with
97
state law governing initiative petitions] that complies with the procedures, requirements, and
98
ballot qualification requirements of Title 20A, Chapter 7, Part 5, Local Initiatives - Procedures;
99
(ii) in the case of a municipal, special district, or county water system which is
100
functionally separate from any other water system, upon the passage of a resolution by the
101
[legislative body or special district board] governing body representing the affected voters,
102
submitting the question to the affected voters at a municipal general election; or
103
(iii) in a county of the first or second class, upon the passage of a resolution by the
104
county legislative body to [place an opinion question relating] submit to the voters the question
105
of whether to add fluorine to all public water systems within the county, except as provided in
106
Subsection [(2)] (3), on the ballot at a general election.
107
[(2)] (3) If a majority of voters on [an opinion] the question submitted under authority
108
of Subsection [(1)] (2)(b)(iii) approve the addition of fluorine to or the removal of fluorine
109
from the public water supplies within the county, the local health departments shall require the
110
addition of fluorine to or the removal of fluorine from all public water supplies within that
111
county other than those systems:
112
(a) that are functionally separate from any other public water systems in that county;
113
and
114
(b) where a majority of the voters served by the public water system voted against the
115
addition or removal of fluorine on the [opinion] question submitted under the authority of
116
Subsection [(1)] (2)(b)(iii).
117
(4) (a) If the voters vote to add fluorine to one or more water systems pursuant to a
118
petition requesting the ballot issue, the governing body shall:
119
(i) within ten days of the date of the election, direct the budget officer to prepare a final
120
fiscal impact statement for the cost of adding fluorine using current financial information and
] .S
121
S. [
containing the information required by Section
20A-7-502.5
; and
122
(ii) no later than 180 days after the date of the election, review the final fiscal impact
123
statement.
124
(b) If the final fiscal impact statement's estimate of the cost of adding fluorine to a
125
water system exceeds the cost attributed to that water system in the initial fiscal impact
126
estimate by 15% or more, the governing body may, by a majority vote in a public meeting:
127
(i) direct that all efforts to add fluorine to the water system be ceased immediately
128
because of the added cost;
129
(ii) direct that the question of whether or not to add fluorine to the water system be
130
submitted to the voters for a new vote because of the increased cost; or
131
(iii) inform the voters that they may file an initiative petition to repeal the decision to
132
add fluorine to the water system.
133
[(3)] (5) Nothing contained in this section prohibits the addition of chlorine or other
134
water purifying agents.
135
[(4)] (6) Any political subdivision [which, prior to November 2, 1976,] that decided to
136
and was adding fluorine or any of its derivatives or compounds to the drinking water before
137
December 31, 2004, is considered to have complied with [Subsection (1)] Subsections (2) and
138
(4).
139
[(5) In] (7) Notwithstanding Subsection (4)(b), in an election held pursuant to
140
[Subsections (1)] Subsection (2)(b)(i), (ii), or (iii), where a majority of the voters approve the
141
addition to or removal of fluorine from the public water supplies, no election to consider
142
removing fluorine from or adding fluorine to the public water supplies shall be held for a
143
period of four years from the date of approval by the majority of voters beginning with
144
elections held in November 2000.
145
[(6) For purposes of this section, "removal" means ceasing to add fluorine to a public
146
water supply, the addition having been previously approved by the voters of a political
147
subdivision.]
148
Section 2.
Section
19-4-111.1
is amended to read:
149
19-4-111.1. Provision of fluoridated water -- Request of resident.
150
A public water system in a county of the first or second class whose entire water
151
inventory is fluoridated may supply water to a residence or business in a municipality that is
] .S
152
S. [
located in two counties, one that has approved fluoridation and one that has not approved
153
fluoridation in accordance with [Subsection ] Section
19-4-111
[(1)] if:
154
(1) the owner requests that the public water system supply water to the residence or
155
business;
156
(2) no reasonable alternative water supply exists; and
157
(3) the owner's request can be fulfilled without affecting other residences or businesses
158
in the municipality or county that has not approved fluoridation.
159
Section 3.
Section
19-4-111.2
is amended to read:
160
19-4-111.2. Provision of fluoridated water -- Emergency circumstances.
161
(1) A public water system that is simultaneously supplying water to a municipality or
162
county that approved fluoridation in accordance with Section
19-4-111
and a municipality or
163
county that has not approved fluoridation may provide water from its fluoridated inventory to a
164
municipality or county that has not approved fluoridation if:
165
(a) as a result of a short-term emergency, the only water available is from the public
166
water system's fluoridated inventory;
167
(b) the public water system ceases providing fluoridated water to the municipality or
168
county that has not approved fluoridation in accordance with [Subsection ] Section
169
19-4-111
[(1)] in a time consistent with repair times following best industrial practice; and
170
(c) where feasible provide prompt notice to the affected area.
171
(2) (a) A resident of an affected area that does not wish to receive fluoridated water
172
during an emergency may contact the public water system to have delivery of fluoridated water
173
to their residence or business terminated.
174
(b) The resident shall determine when to resume delivery of water and shall contact the
175
public water system to have delivery of water resumed.
] .S
176
Section S. [
4
] 1 .S .
Section
20A-7-101
is amended to read:
177
20A-7-101. Definitions.
178
As used in this chapter:
179
(1) "Budget officer" means:
180
(a) for counties, the person designated as budget officer in Section
17-19-19
;
181
(b) for cities, the person designated as budget officer in Subsection
10-6-106
(5); or
182
(c) for towns, the town council.
183
[(1)] (2) "Certified" means that the county clerk has acknowledged a signature as being
184
the signature of a registered voter.
185
[(2)] (3) "Circulation" means the process of submitting an initiative or referendum
186
petition to legal voters for their signature.
187
(4) "Final fiscal impact statement" means a financial statement prepared after voters
188
approve an initiative that contains the information required by Subsection
20A-7-202.5
(2) or
189
20A-7-502.5
(2).
190
(5) "Initial fiscal impact estimate" means a financial statement prepared according to
191
the terms of Section
20A-7-202.5
or
20A-7-502.5
after the filing of an application for an
192
initiative petition.
193
[(3)] (6) "Initiative" means a new law proposed for adoption by the public as provided
194
in this chapter.
195
[(4)] (7) "Initiative packet" means a copy of the initiative petition, a copy of the
196
proposed law, and the signature sheets, all of which have been bound together as a unit.
197
[(5)] (8) "Legal signatures" means the number of signatures of legal voters that:
198
(a) meet the numerical requirements of this chapter; and
199
(b) have been certified and verified as provided in this chapter.
200
[(6)] (9) "Legal voter" means a person who:
201
(a) is registered to vote; or
202
(b) becomes registered to vote before the county clerk certifies the signatures on an
203
initiative or referendum petition.
204
[(7)] (10) (a) "Local law" includes an ordinance, resolution, master plan, and any
205
comprehensive zoning regulations adopted by ordinance or resolution.
206
(b) "Local law" does not include individual property zoning decisions.
207
[(8)] (11) "Local attorney" means the county attorney, city attorney, or town attorney in
208
whose jurisdiction a local initiative or referendum petition is circulated.
209
[(9)] (12) "Local clerk" means the county clerk, city recorder, or town clerk in whose
210
jurisdiction a local initiative or referendum petition is circulated.
211
[(10)] (13) "Local legislative body" means the legislative body of a county, city, or
212
town.
213
[(11)] (14) "Measure" means an initiative or referendum.
214
[(12)] (15) "Referendum" means a law passed by the Legislature or by a local
215
legislative body that is being submitted to the voters for their approval or rejection.
216
[(13)] (16) "Referendum packet" means a copy of the referendum petition, a copy of
217
the law being submitted to the voters for their approval or rejection, and the signature sheets,
218
all of which have been bound together as a unit.
219
[(14)] (17) "Signature sheets" means sheets in the form required by this chapter that are
220
used to collect signatures in support of an initiative or referendum.
221
[(15)] (18) "Sponsors" means the legal voters who support the initiative or referendum
222
and who sign the application for petition copies.
223
[(16)] (19) "Sufficient" means that the signatures submitted in support of an initiative
224
or referendum petition have been certified and verified as required by this chapter.
225
[(17)] (20) "Verified" means acknowledged by the person circulating the petition as
226
required in Sections
20A-7-205
and
20A-7-305
.
227
Section 5.
Section
20A-7-202.5
is enacted to read:
228
20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
229
to estimate.
230
(1) Within three working days of receipt of an application for an initiative petition, the
231
lieutenant governor shall submit a copy of the application to the Governor's Office of Planning
232
and Budget.
233
(2) (a) The Governor's Office of Planning and Budget shall prepare an unbiased, good
234
faith estimate of the fiscal impact of the law proposed by the initiative that contains:
235
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
236
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
237
the total estimated increase or decrease for each type of tax affected under the proposed law
238
and a dollar amount representing the total estimated increase or decrease in taxes under the
239
proposed law;
240
(iii) if the proposed law would result in the issuance or a change in the status of bonds,
241
notes, or other debt instruments, a dollar amount representing the total estimated increase or
242
decrease in public debt under the proposed law;
243
(iv) a listing of all sources of funding for the estimated costs associated with the
244
proposed law showing each source of funding and the percentage of total funding provided
245
from each source;
246
(v) a dollar amount representing the estimated costs or savings, if any, to state and
247
local government entities under the proposed law; and
248
(vi) a concise explanation, not exceeding 100 words, of the above information and of
249
the estimated fiscal impact, if any, under the proposed law.
250
(b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
251
of Planning and Budget shall include a summary statement in the initial fiscal impact statement
252
in substantially the following form:
253
"The Governor's Office of Planning and Budget estimates that the law proposed by this
254
initiative would have no significant fiscal impact and would not result in either an increase or
255
decrease in taxes or debt."
256
(ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
257
Planning and Budget shall include a summary statement in the initial fiscal impact estimate in
258
substantially the following form:
259
"The Governor's Office of Planning and Budget estimates that the law proposed by this
260
initiative would result in a total fiscal expense/savings of $______, which includes a (type of
261
tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state debt."
262
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
263
difficult to reasonably express in a summary statement, the Governor's Office of Planning and
264
Budget may include in the summary statement a brief explanation that identifies those factors
265
affecting the variability or difficulty of the estimate.
266
(3) Within 25 calendar days from the date that the lieutenant governor delivers a copy
267
of the application, the Governor's Office of Planning and Budget shall:
268
(a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
269
office; and
270
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
271
the initiative application.
272
(4) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days of
273
the date of delivery of the initial fiscal impact estimate to the lieutenant governor's office, file a
274
petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
275
whole, is an inaccurate estimate of the fiscal impact of the initiative.
276
(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
277
to send notice of the petition to:
278
(A) any person or group that has filed an argument with the lieutenant governor's office
279
for or against the measure that is the subject of the challenge; and
280
(B) any political issues committee established under Section
20A-11-801
that has filed
281
written or electronic notice with the lieutenant governor that identifies the name, mailing or
282
email address, and telephone number of the person designated to receive notice about any
283
issues relating to the initiative.
284
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
285
Governor's Office of Planning and Budget is based upon reasonable assumptions, uses
286
reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
287
of the initiative.
288
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
289
initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
290
evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate
291
statement of the estimated fiscal impact of the initiative.
292
(c) The Supreme Court shall, within 30 calendar days of the date that the appeal is
293
filed, certify to the lieutenant governor a fiscal impact estimate for the measure that meets the
294
requirements of this section.
295
Section 6.
Section
20A-7-203
is amended to read:
296
20A-7-203. Form of initiative petition and signature sheets.
297
(1) (a) Each proposed initiative petition shall be printed in substantially the following
298
form:
299
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
300
We, the undersigned citizens of Utah, respectfully demand that the following proposed
301
law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
302
regular general election/session to be held/ beginning on _________(month\day\year);
303
Each signer says:
304
I have personally signed this petition;
305
I am registered to vote in Utah or intend to become registered to vote in Utah before the
306
certification of the petition names by the county clerk; and
307
My residence and post office address are written correctly after my name.
308
NOTICE TO SIGNERS:
309
Public hearings to discuss this petition were held at: (list dates and locations of public
310
hearings.)"
311
(b) The sponsors of an initiative shall attach a copy of the proposed law to each
312
initiative petition.
313
(2) Each signature sheet shall:
314
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
315
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
316
blank for the purpose of binding;
317
(c) contain the title of the initiative printed below the horizontal line;
318
(d) contain the initial fiscal impact estimate's summary statement issued by the
319
Governor's Office of Planning and Budget according to Subsection
20A-7-202.5
(2)(b), printed
320
or typed in not less than 12-point, bold type, at the top of each signature sheet under the title of
321
the initiative;
322
[(d)] (e) contain the word "Warning" printed or typed at the top of each signature sheet
323
under the [title of the initiative] initial fiscal impact estimate's summary statement;
324
[(e)] (f) contain, to the right of the word "Warning," the following statement printed or
325
typed in not less than eight-point, single leaded type:
326
"It is a class A misdemeanor for anyone to sign any initiative petition with any other
327
name than his own, or knowingly to sign his name more than once for the same measure, or to
328
sign an initiative petition when he knows he is not a registered voter and knows that he does
329
not intend to become registered to vote before the certification of the petition names by the
330
county clerk."; and
331
[(f)] (g) be vertically divided into columns as follows:
332
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
333
headed with "For Office Use Only," and be subdivided with a light vertical line down the
334
middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
335
(ii) the next column shall be three inches wide, headed "Registered Voter's Printed
336
Name (must be legible to be counted)";
337
(iii) the next column shall be three inches wide, headed "Signature of Registered
338
Voter"; and
339
(iv) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
340
Code".
341
(3) The final page of each initiative packet shall contain the following printed or typed
342
statement:
343
"Verification
344
State of Utah, County of ____
345
I, _______________, of ____, hereby state that:
346
I am a resident of Utah and am at least 18 years old;
347
All the names that appear in this packet were signed by persons who professed to be the
348
persons whose names appear in it, and each of them signed his name on it in my presence;
349
I believe that each has printed and signed his name and written his post office address
350
and residence correctly, and that each signer is registered to vote in Utah or intends to become
351
registered to vote before the certification of the petition names by the county clerk.
352
I have not paid or given anything of value to any person who signed this petition to
353
encourage that person to sign it.
354
________________________________________________________________________
355
(Name) (Residence Address) (Date)"
356
(4) The forms prescribed in this section are not mandatory, and, if substantially
357
followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
358
errors.
359
Section 7.
Section
20A-7-204.1
is amended to read:
360
20A-7-204.1. Public hearings to be held before initiative petitions are circulated.
361
(1) (a) [Before] After issuance of the initial fiscal impact estimate by the Governor's
362
Office of Planning and Budget and before circulating initiative petitions for signature
363
statewide, sponsors of the initiative petition shall hold at least seven public hearings throughout
364
Utah as follows:
365
(i) one in the Bear River region -- Box Elder, Cache, or Rich County;
366
(ii) one in the Southwest region -- Beaver, Garfield, Iron, Kane, or Washington
367
County;
368
(iii) one in the Mountain region -- Summit, Utah, or Wasatch County;
369
(iv) one in the Central region -- Juab, Millard, Piute, Sanpete, Sevier, or Wayne
370
County;
371
(v) one in the Southeast region -- Carbon, Emery, Grand, or San Juan County;
372
(vi) one in the Uintah Basin region -- Daggett, Duchesne, or Uintah County; and
373
(vii) one in the Wasatch Front region -- Davis, Morgan, Salt Lake, Tooele, or Weber
374
County.
375
(b) Of the seven meetings, at least two of the meetings must be held in a first or second
376
class county, but not in the same county.
377
(2) At least three calendar days before the date of the public hearing, the sponsors
378
shall:
379
(a) provide written notice of the public hearing to:
380
(i) the lieutenant governor for posting on the state's website; and
381
(ii) each state senator, state representative, and county commission or county council
382
member who is elected in whole or in part from the region where the public hearing will be
383
held; and
384
(b) publish written notice of the public hearing detailing its time, date, and location in
385
at least one newspaper of general circulation in each county in the region where the public
386
hearing will be held.
387
(3) (a) During the public hearing, the sponsors shall either:
388
(i) video tape or audio tape the public hearing and, when the hearing is complete,
389
deposit the complete audio or video tape of the meeting with the lieutenant governor; or
390
(ii) take comprehensive minutes of the public hearing, detailing the names and titles of
391
each speaker and summarizing each speaker's comments.
392
(b) The lieutenant governor shall make copies of the tapes or minutes available to the
393
public.
394
Section 8.
Section
20A-7-209
is amended to read:
395
20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
396
Research and General Counsel.
397
(1) By July 6 before the regular general election, the lieutenant governor shall deliver a
398
copy of all of the proposed laws that have qualified for the ballot to the Office of Legislative
399
Research and General Counsel.
400
(2) (a) The Office of Legislative Research and General Counsel shall:
401
(i) entitle each state initiative that has qualified for the ballot "Citizen's State Initiative
402
Number __" and give it a number;
403
(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
404
measure; and
405
(iii) return each petition and ballot title to the lieutenant governor by July 20.
406
(b) The ballot title may be distinct from the title of the proposed law attached to the
407
initiative petition, and shall be not more than 100 words.
408
[(c) The ballot title and the number of the measure as determined by the Office of
409
Legislative Research and General Counsel shall be printed on the official ballot.]
410
(c) For each state initiative, the official ballot shall show:
411
(i) the number of the initiative as determined by the Office of Legislative Research and
412
General Counsel;
413
(ii) the ballot title as determined by the Office of Legislative Research and General
414
Counsel; and
415
(iii) the initial fiscal impact estimate prepared under Section
20A-7-202.5
.
416
(3) By July 21, the lieutenant governor shall mail a copy of the ballot title to any
417
sponsor of the petition.
418
(4) (a) (i) At least three of the sponsors of the petition may, by July 30, challenge the
419
wording of the ballot title prepared by the Office of Legislative Research and General Counsel
420
to the Supreme Court.
421
(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
422
to send notice of the appeal to:
423
(A) any person or group that has filed an argument for or against the measure that is the
424
subject of the challenge; or
425
(B) any political issues committee established under Section
20A-11-801
that has filed
426
written or electronic notice with the lieutenant governor that identifies the name, mailing or
427
email address, and telephone number of the person designated to receive notice about any
428
issues relating to the initiative.
429
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
430
Research and General Counsel is an impartial summary of the contents of the initiative.
431
(ii) The Supreme Court may not revise the wording of the ballot title unless the
432
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
433
patently false or biased.
434
(c) The Supreme Court shall:
435
(i) examine the ballot title;
436
(ii) hear arguments; and
437
(iii) by August 10, certify to the lieutenant governor a ballot title for the measure that
438
meets the requirements of this section.
439
(d) By September 1, the lieutenant governor shall certify the title verified by the
440
Supreme Court to the county clerks to be printed on the official ballot.
441
Section 9.
Section
20A-7-214
is enacted to read:
442
20A-7-214. Fiscal review -- Repeal, amendment, or resubmission.
443
(1) No later 60 days after the date of an election in which the voters approve an
444
initiative petition, the Governor's Office of Planning and Budget shall:
445
(a) for each initiative approved by the voters, prepare a final fiscal impact statement,
446
using current financial information and containing the information required by Subsection
447
20A-7-202.5
(2); and
448
(b) deliver a copy of the final fiscal impact statement to:
449
(i) the president of the Senate;
450
(ii) the minority leader of the Senate;
451
(iii) the speaker of the House or Representatives;
452
(iv) the minority leader of the House of Representatives; and
453
(v) the first five sponsors listed on the initiative application.
454
(2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by
454a
S. [
15%
] 25% .S
455
or more, the Legislature shall review the final fiscal impact statement and may, in any
456
legislative session following the election in which the voters approved the initiative petition:
457
(a) repeal the law established by passage of the initiative;
458
(b) amend the law established by passage of the initiative; or
459
(c) pass a joint or concurrent resolution informing the voters that they may file an
460
initiative petition to repeal the law enacted by the passage of the initiative.
461
Section 10.
Section
20A-7-402
is amended to read:
462
20A-7-402. Local voter information pamphlet -- Contents -- Limitations --
463
Preparation -- Statement on front cover.
464
(1) The county or municipality that is the subject of an initiative or referenda shall
465
prepare a local voter information pamphlet that meets the requirements of this part.
466
(2) (a) The arguments for and against initiatives and referenda shall conform to the
467
requirements of this section.
468
[(b)] (i) Persons wishing to prepare arguments for and against initiatives and referenda
469
shall file a request with the local legislative body at least 45 days before the election at which
470
the proposed measure is to be voted upon.
471
[(c)] (ii) If more than one person or group requests the opportunity to prepare
472
arguments for or against any measure, the governing body shall make the final designation
473
according to the following criteria:
474
[(i)] (A) sponsors have priority in making the argument for a measure; and
475
[(ii)] (B) members of the local legislative body have priority over others.
476
[(d)] (iii) The arguments in favor of the measure shall be prepared by the sponsors,
477
whether of the local legislative body or of a voter or voter group, but not more than five names
478
shall appear as sponsors.
479
[(e)] (iv) The arguments against the measure shall be prepared by opponents from
480
among the local legislative body, if any, or from among voters requesting permission of the
481
local legislative body to prepare these arguments.
482
[(f)] (v) The arguments may not exceed 500 words in length.
483
[(g)] (vi) The arguments supporting and opposing any county or municipal measure
484
shall be filed with the local clerk not less than 30 days before the election at which they are to
485
be voted upon.
486
(b) The local voter information pamphlet shall include a copy of the initial fiscal
487
impact estimate prepared for each initiative under Section
20A-7-502.5
.
488
(3) (a) In preparing the local voter information pamphlet, the local legislative body
489
shall:
490
(i) ensure that the arguments are printed on the same sheet of paper upon which the
491
proposed measure is also printed;
492
(ii) ensure that the following statement is printed on the front cover or the heading of
493
the first page of the printed arguments:
494
"The arguments for or against the proposed measure(s) are the opinions of the authors.";
495
(iii) pay for the printing and binding of the local voter information pamphlet; and
496
(iv) ensure that the local clerk distributes the pamphlets either by mail or carrier not
497
less than eight days before the election at which the measures are to be voted upon.
498
(b) (i) If the proposed measure exceeds 500 words in length, the local legislative body
499
may direct the local clerk to summarize the measure in 500 words or less.
500
(ii) The summary shall state where a complete copy of the measure is available for
501
public review.
502
Section 11.
Section
20A-7-502.5
is enacted to read:
503
20A-7-502.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
504
to estimate.
505
(1) Within three working days of receipt of an application for an initiative petition, the
506
local clerk shall submit a copy of the application to the budget officer.
507
(2) (a) The budget officer shall prepare an unbiased, good faith estimate of the fiscal
508
impact of the law proposed by the initiative that contains:
509
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
510
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
511
the total estimated increase or decrease for each type of tax affected under the proposed law
512
and a dollar amount representing the total estimated increase or decrease in taxes under the
513
proposed law;
514
(iii) if the proposed law would result in the issuance or a change in the status of bonds,
515
notes, or other debt instruments, a dollar amount representing the total estimated increase or
516
decrease in public debt under the proposed law;
517
(iv) a listing of all sources of funding for the estimated costs associated with the
518
proposed law showing each source of funding and the percentage of total funding provided
519
from each source;
520
(v) a dollar amount representing the estimated costs or savings, if any, to state and
521
local government entities under the proposed law; and
522
(vi) a concise explanation, not exceeding 100 words, of the above information and of
523
the estimated fiscal impact, if any, under the proposed law.
524
(b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
525
shall include a summary statement in the initial fiscal impact statement in substantially the
526
following form:
527
"The (title of the local budget officer) estimates that the law proposed by this initiative
528
would have no significant fiscal impact and would not result in either an increase or decrease in
529
taxes or debt."
530
(ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
531
shall include a summary statement in the initial fiscal impact estimate in substantially the
532
following form:
533
"The (title of the local budget officer) estimates that the law proposed by this initiative
534
would result in a total fiscal expense/savings of $______, which includes a (type of tax or
535
taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
536
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
537
difficult to reasonably express in a summary statement, the local budget officer may include in
538
the summary statement a brief explanation that identifies those factors affecting the variability
539
or difficulty of the estimate.
540
(3) Within 25 calendar days from the date that the local clerk delivers a copy of the
541
application, the budget officer shall:
542
(a) deliver a copy of the initial fiscal impact estimate to the local clerk's office; and
543
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
544
the application.
545
(4) (a) Three or more of the sponsors of the petition may, within 20 calendar days of
546
the date of delivery to the initial fiscal impact estimate to the local clerk's office, file a petition
547
with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a whole, is an
548
inaccurate estimate of the fiscal impact of the initiative.
549
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
550
budget officer is based upon reasonable assumptions, uses reasonable data, and applies
551
accepted analytical methods to present the estimated fiscal impact of the initiative.
552
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
553
initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
554
evidence that establishes that the fiscal estimate, taken as a whole, is an inaccurate statement of
555
the estimated fiscal impact of the initiative.
556
(c) The Supreme Court shall, within 30 calendar days of the date that the appeal is
557
filed, certify to the local clerk an initial fiscal impact estimate for the measure that meets the
558
requirements of this section.
559
Section 12.
Section
20A-7-503
is amended to read:
560
20A-7-503. Form of initiative petitions and signature sheets.
561
(1) (a) Each proposed initiative petition shall be printed in substantially the following
562
form:
563
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
564
Clerk:
565
We, the undersigned citizens of Utah, respectfully demand that the following proposed
566
law be submitted to: the legislative body for its approval or rejection at its next meeting; and
567
the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
568
no action on it.
569
Each signer says:
570
I have personally signed this petition;
571
I am registered to vote in Utah or intend to become registered to vote in Utah before the
572
certification of the petition names by the county clerk; and
573
My residence and post office address are written correctly after my name."
574
(b) The sponsors of an initiative shall attach a copy of the proposed law to each
575
initiative petition.
576
(2) Each signature sheet shall:
577
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
578
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
579
blank for the purpose of binding;
580
(c) contain the title of the initiative printed below the horizontal line;
581
(d) contain the initial fiscal impact estimate's summary statement issued by the budget
582
officer according to Subsection
20A-7-502.5
(2)(b) printed or typed in not less than 12-point,
583
bold type, at the top of each signature sheet under the title of the initiative;
584
[(d)] (e) contain the word "Warning" printed or typed at the top of each signature sheet
585
under the [title of the initiative] initial fiscal impact estimate's summary statement;
586
[(e)] (f) contain, to the right of the word "Warning," the following statement printed or
587
typed in not less than eight-point, single leaded type:
588
"It is a class A misdemeanor for anyone to sign any initiative petition with any other
589
name than his own, or knowingly to sign his name more than once for the same measure, or to
590
sign an initiative petition when he knows he is not a registered voter and knows that he does
591
not intend to become registered to vote before the certification of the petition names by the
592
county clerk.";
593
[(f)] (g) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement
594
required by this section;
595
[(g)] (h) be vertically divided into columns as follows:
596
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
597
headed with "For Office Use Only", and be subdivided with a light vertical line down the
598
middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
599
(ii) the next column shall be H. [
three
] 2-1/2 .H inches wide, headed "Registered
599a
Voter's Printed
600
Name (must be legible to be counted)";
601
(iii) the next column shall be H. [
three
] 2-1/2 .H inches wide, headed "Signature of
601a
Registered
602
Voter"; H. [
and
]
602a
(iv) the next column shall be one inch wide, headed "Birth Date"; and
603
[
(iv)
] (v) .H the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
604
Code"; and
605
[(h)] (i) contain the following statement, printed or typed upon the back of each sheet:
606
"Verification
607
State of Utah, County of ____
608
I, _______________, of ____, hereby state that:
609
I am a resident of Utah and am at least 18 years old;
610
All the names that appear on this sheet were signed by persons who professed to be the
611
persons whose names appear in it, and each of them signed his name on it in my presence;
612
I believe that each has printed and signed his name and written his post office address
613
and residence correctly, and that each signer is registered to vote in Utah or intends to become
614
registered to vote before the certification of the petition names by the county clerk.
615
_____________________________"
616
(3) The forms prescribed in this section are not mandatory, and, if substantially
617
followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
618
errors.
618a
H. Section 13. Section 20A-7-506 is amended to read:
618b
20A-7-506. Submitting the initiative petition -- Certification of signatures by the
618c
county clerks -- Transfer to local clerk.
618d
(1) No later than 120 days before any regular general election, for county initiatives, or
618e
municipal general election, for municipal initiatives, the sponsors shall deliver each signed and
618f
verified initiative packet to the county clerk of the county in which the packet was circulated.
618g
(2) No later than 90 days before any general election, the county clerk shall:
618h
(a) check the names of all persons completing the verification on the back of each signature
618i
sheet to determine whether or not those persons are residents of Utah and are at least 18 years old; and
618j
(b) submit the name of each of those persons who is not a Utah resident or who is not at
618k
least 18 years old to the attorney general and county attorney.
618l
(3) No later than 60 days before any general election, the county clerk shall:
618m
(a) H. [
check all the names of the signers against the official registers to
] .H
618n
determine whether or not H. [
the
] each .H signer is a voter H. according to the
618o
requirements of Section 20A-7-506.3 .H ;
618p
(b) certify on the petition whether or not each name is that of a voter; and
618q
(c) deliver all of the packets to the local clerk.
618r
Section 14. Section 20A-7-506.3 is enacted to read:
618s
20A-7-506.3. Verification of petition signatures.
618t
(1) (a) For the purposes of this section, "substantially similar name" means:
618u
(i) the given name and surname shown on the petition, or both, contain only minor spelling
618v
differences when compared to the given name and surname shown on the official register;
618w
(ii) the surname shown on the petition exactly matches the surname shown on the official
618x
register, and the given names differ only because one of the given names shown is a commonly used
618y
abbreviation or variation of the other;
618z
(iii) the surname shown on the petition exactly matches the surname shown on the official
618aa
register, and the given names differ only because one of the given names shown is accompanied by a
618ab
first or middle initial or a middle name which is not shown on the other record; or
618ac
(iv) the surname shown on the petition exactly matches the surname shown on the official
618ad
register, and the given names differ only because one of the given names shown is an alphabetically
618ae
corresponding initial that has been provided in the place of a given name shown on the other record.
618af
(b) For the purposes of this section, "substantially similar name" does not mean a name
618ag
having an initial or a middle name shown on the petition that does not match a different initial or
618ah
middle name shown on the official register.
618ai
(2) The county clerk shall use the following procedures in determining whether or not a signer
618aj
is a registered voter:
618ak
(a) When a signer's name and address shown on the petition exactly match a name and
618al
address shown on the official register, the county clerk shall declare the signature valid.
618am
(b) When there is no exact match of an address and a name, the county clerk shall declare the
618an
signature valid if the address on the petition matches the address of a person on the official register
618ao
with a substantially similar name.
618ap
(c) When there is no match of an address and a substantially similar name, the county clerk
618aq
shall declare the signature valid if the birth date on the petition matches the birth date of a person on
618ar
the official register with a substantially similar name.
618as
(d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the county
618at
clerk shall declare the signature to be invalid.
.H
619
Section H. [
13
] (15) .H .
Section
20A-7-513
is enacted to read:
620
20A-7-513. Fiscal review -- Repeal, amendment, or resubmission.
621
(1) No later than 60 days after the date of an election in which the voters approve an
622
initiative petition, the budget officer shall:
623
(a) for each initiative approved by the voters, prepare a final fiscal impact statement,
624
using current financial information and containing the information required by Subsection
625
20A-7-502.5
(2); and
626
(b) deliver a copy of the final fiscal impact statement to:
627
(i) the local legislative body of the jurisdiction where the initiative was circulated;
628
(ii) the local clerk; and
629
(iii) the first five sponsors listed on the initiative application.
630
(2) If the final fiscal impact statement exceeds the initial fiscal impact estimate by
630a
S. [
15%
] 25% .S
631
or more, the local legislative body shall review the final fiscal impact statement and may, by a
632
majority vote:
633
(a) repeal the law established by passage of the initiative;
634
(b) amend the law established by the passage of the initiative; or
635
(c) pass a resolution informing the voters that they may file an initiative petition to
636
repeal the law enacted by the passage of the initiative.
637
Section H. [
14
] (16) .H .
Section
20A-7-702
is amended to read:
638
20A-7-702. Voter information pamphlet -- Form -- Contents -- Distribution.
639
(1) The lieutenant governor shall ensure that all information submitted for publication
640
in the voter information pamphlet is:
641
(a) printed and bound in a single pamphlet;
642
(b) printed in clear readable type, no less than ten-point, except that the text of any
643
measure may be set forth in eight-point type; and
644
(c) printed on a quality and weight of paper that best serves the voters.
645
(2) The voter information pamphlet shall contain the following items in this order:
646
(a) a cover title page;
647
(b) an introduction to the pamphlet by the lieutenant governor;
648
(c) a table of contents;
649
(d) a list of all candidates for constitutional offices;
650
(e) a list of candidates for each legislative district;
651
(f) a 100-word statement of qualifications for each candidate for the office of governor,
652
lieutenant governor, attorney general, state auditor, or state treasurer, if submitted by the
653
candidate to the lieutenant governor's office before July 15 at 5 p.m.;
654
(g) information pertaining to all measures to be submitted to the voters, beginning a
655
new page for each measure and containing, in the following order for each measure:
656
(i) a copy of the number and ballot title of the measure;
657
(ii) the final vote cast by the Legislature on the measure if it is a measure submitted by
658
the Legislature or by referendum;
659
(iii) the impartial analysis of the measure prepared by the Office of Legislative
660
Research and General Counsel;
661
(iv) the arguments in favor of the measure, the rebuttal to the arguments in favor of the
662
measure, the arguments against the measure, and the rebuttal to the arguments against the
663
measure, with the name and title of the authors at the end of each argument or rebuttal;
664
(v) for each constitutional amendment, a complete copy of the text of the constitutional
665
amendment, with all new language underlined, and all deleted language placed within brackets;
666
and
667
(vi) for each initiative qualified for the ballot, a copy of the measure as certified by the
668
lieutenant governor and a copy of the fiscal impact estimate prepared according to Section
669
20A-7-202.5
;
670
(h) a description provided by the Judicial Council of the selection and retention process
671
for judges, including, in the following order:
672
(i) a description of the judicial selection process;
673
(ii) a description of the judicial performance evaluation process;
674
(iii) a description of the judicial retention election process;
675
(iv) a list of the criteria and minimum standards of judicial performance evaluation;
676
(v) the names of the judges standing for retention election; and
677
(vi) for each judge:
678
(A) the counties in which the judge is subject to retention election;
679
(B) a short biography of professional qualifications and a recent photograph;
680
(C) for each standard of performance, a statement identifying whether or not the judge
681
met the standard and, if not, the manner in which the judge failed to meet the standard;
682
(D) a statement provided by the Utah Supreme Court identifying the cumulative
683
number of informal reprimands, when consented to by the judge in accordance with Subsection
684
78-8-107
(2)[(d)], formal reprimands, and all orders of censure and suspension issued by the
685
Utah Supreme Court under Utah Constitution Article VIII, Section 13 during the judge's
686
current term and the immediately preceding term, and a detailed summary of the supporting
687
reasons for each violation of the Code of Judicial Conduct that the judge has received; and
688
(E) a statement identifying whether or not the judge was certified by the Judicial
689
Council;
690
(vii) (A) except as provided in Subsection (2)(h)(vii)(B), for each judge, in graphic
691
format, the responses for each attorney, jury, and other survey question used by the Judicial
692
Council for certification of judges, displayed in 1% increments;
693
(B) notwithstanding Subsection (2)(h)(vii)(A), if the sample size for the survey for a
694
particular judge is too small to provide statistically reliable information in 1% increments, the
695
survey results for that judge shall be reported as being above or below 70% and a statement by
696
the surveyor explaining why the survey is statistically unreliable shall also be included;
697
(i) an explanation of ballot marking procedures prepared by the lieutenant governor,
698
indicating the ballot marking procedure used by each county and explaining how to mark the
699
ballot for each procedure;
700
(j) voter registration information, including information on how to obtain an absentee
701
ballot;
702
(k) a list of all county clerks' offices and phone numbers; and
703
(l) on the back cover page, a printed copy of the following statement signed by the
704
lieutenant governor:
705
"I, _______________ (print name), Lieutenant Governor of Utah, certify that the
706
measures contained in this pamphlet will be submitted to the voters of Utah at the election to
707
be held throughout the state on ____ (date of election), and that this pamphlet is complete and
708
correct according to law. SEAL
709
Witness my hand and the Great Seal of the State, at Salt Lake City, Utah this ____ day
710
of ____ (month), ____ (year)
711
(signed) ____________________________________
712
Lieutenant Governor"
713
(3) The lieutenant governor shall:
714
(a) ensure that one copy of the voter information pamphlet is placed in one issue of
715
every newspaper of general circulation in the state not more than 40 nor less than 15 days
716
before the day fixed by law for the election;
717
(b) ensure that a sufficient number of printed voter information pamphlets are available
718
for distribution as required by this section;
719
(c) provide voter information pamphlets to each county clerk for free distribution upon
720
request and for placement at polling places; and
721
(d) ensure that the distribution of the voter information pamphlets is completed 15 days
722
before the election.
Legislative Review Note
as of 1-18-05 3:19 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.