Enrolled Copy H.B. 38
1 INITIATIVE AND REFERENDUM MODIFICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Calvin R. Musselman
5 Senate Sponsor: David G. Buxton
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to initiatives and referenda.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < amends provisions relating to initiatives and referenda to clarify provisions and
14 requirements, to clarify who is responsible for certain requirements, and to use
15 consistent terms;
16 < revises provisions relating to initiatives and referenda to create consistency;
17 < modifies and adds criminal provisions to create consistency;
18 < amends forms and procedures;
19 < provides and modifies deadlines for certain requirements;
20 < modifies requirements relating to public hearings held by sponsors in relation to a
21 statewide initiative;
22 < modifies certain public notice requirements; and
23 < makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides a coordination clause.
28 Utah Code Sections Affected:
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29 AMENDS:
30 20A-7-101, as last amended by Laws of Utah 2022, Chapters 288, 325
31 20A-7-201, as last amended by Laws of Utah 2019, Chapter 217
32 20A-7-202, as last amended by Laws of Utah 2021, Chapter 140
33 20A-7-202.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
34 20A-7-202.7, as enacted by Laws of Utah 2021, Chapter 418
35 20A-7-203, as last amended by Laws of Utah 2022, Chapter 325
36 20A-7-204, as last amended by Laws of Utah 2022, Chapter 325
37 20A-7-204.1, as last amended by Laws of Utah 2021, Chapters 84, 345
38 20A-7-205, as last amended by Laws of Utah 2022, Chapter 325
39 20A-7-206, as last amended by Laws of Utah 2022, Chapter 325
40 20A-7-206.1, as enacted by Laws of Utah 2021, Chapter 140
41 20A-7-206.3, as last amended by Laws of Utah 2022, Chapter 325
42 20A-7-207, as last amended by Laws of Utah 2022, Chapter 325
43 20A-7-208, as last amended by Laws of Utah 2019, Chapter 275
44 20A-7-209, as last amended by Laws of Utah 2022, Chapter 251
45 20A-7-211, as last amended by Laws of Utah 2022, Chapter 18
46 20A-7-213, as last amended by Laws of Utah 2022, Chapter 325
47 20A-7-214, as last amended by Laws of Utah 2019, Chapter 275
48 20A-7-215, as enacted by Laws of Utah 2022, Chapter 325
49 20A-7-216, as enacted by Laws of Utah 2022, Chapter 325
50 20A-7-217, as enacted by Laws of Utah 2022, Chapter 325
51 20A-7-301, as last amended by Laws of Utah 2021, Chapter 140
52 20A-7-302, as last amended by Laws of Utah 2021, Chapter 140
53 20A-7-303, as last amended by Laws of Utah 2022, Chapter 325
54 20A-7-304, as last amended by Laws of Utah 2022, Chapter 325
55 20A-7-304.5, as last amended by Laws of Utah 2022, Chapter 325
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56 20A-7-305, as last amended by Laws of Utah 2022, Chapter 325
57 20A-7-306, as last amended by Laws of Utah 2022, Chapter 325
58 20A-7-306.3, as last amended by Laws of Utah 2022, Chapter 325
59 20A-7-307, as last amended by Laws of Utah 2022, Chapters 274, 325
60 20A-7-308, as last amended by Laws of Utah 2022, Chapter 251
61 20A-7-309, as last amended by Laws of Utah 2021, Chapter 140
62 20A-7-310, as last amended by Laws of Utah 2020, Chapter 166
63 20A-7-311, as last amended by Laws of Utah 2021, Chapter 140
64 20A-7-312, as last amended by Laws of Utah 2022, Chapter 325
65 20A-7-313, as enacted by Laws of Utah 2022, Chapter 325
66 20A-7-314, as enacted by Laws of Utah 2022, Chapter 325
67 20A-7-315, as enacted by Laws of Utah 2022, Chapter 325
68 20A-7-501, as last amended by Laws of Utah 2019, Chapter 203
69 20A-7-502, as last amended by Laws of Utah 2021, Chapter 140
70 20A-7-502.5, as last amended by Laws of Utah 2019, Chapter 203
71 20A-7-502.6, as last amended by Laws of Utah 2022, Chapter 325
72 20A-7-502.7, as last amended by Laws of Utah 2022, Chapter 325
73 20A-7-503, as last amended by Laws of Utah 2022, Chapter 325
74 20A-7-504, as last amended by Laws of Utah 2022, Chapter 325
75 20A-7-505, as last amended by Laws of Utah 2022, Chapter 325
76 20A-7-506, as last amended by Laws of Utah 2022, Chapter 325
77 20A-7-506.3, as last amended by Laws of Utah 2022, Chapter 325
78 20A-7-507, as last amended by Laws of Utah 2022, Chapter 325
79 20A-7-508, as last amended by Laws of Utah 2022, Chapter 251
80 20A-7-510, as last amended by Laws of Utah 2021, Chapter 140
81 20A-7-512, as last amended by Laws of Utah 2022, Chapter 325
82 20A-7-513, as last amended by Laws of Utah 2019, Chapter 203
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83 20A-7-514, as enacted by Laws of Utah 2022, Chapter 325
84 20A-7-515, as enacted by Laws of Utah 2022, Chapter 325
85 20A-7-516, as enacted by Laws of Utah 2022, Chapter 325
86 20A-7-601, as last amended by Laws of Utah 2022, Chapter 406
87 20A-7-602, as last amended by Laws of Utah 2021, Chapter 140
88 20A-7-602.5, as last amended by Laws of Utah 2019, Chapter 203
89 20A-7-602.7, as last amended by Laws of Utah 2022, Chapter 325
90 20A-7-602.8, as last amended by Laws of Utah 2022, Chapters 325, 406
91 20A-7-603, as last amended by Laws of Utah 2022, Chapter 325
92 20A-7-604, as last amended by Laws of Utah 2022, Chapter 325
93 20A-7-604.5, as last amended by Laws of Utah 2022, Chapter 325
94 20A-7-605, as last amended by Laws of Utah 2022, Chapter 325
95 20A-7-606, as last amended by Laws of Utah 2022, Chapter 325
96 20A-7-606.3, as last amended by Laws of Utah 2022, Chapter 325
97 20A-7-607, as last amended by Laws of Utah 2022, Chapters 274, 325
98 20A-7-608, as last amended by Laws of Utah 2022, Chapter 251
99 20A-7-609, as last amended by Laws of Utah 2014, Chapter 396
100 20A-7-610, as last amended by Laws of Utah 2021, Chapter 140
101 20A-7-611, as last amended by Laws of Utah 2022, Chapters 18, 325
102 20A-7-612, as last amended by Laws of Utah 2022, Chapter 325
103 20A-7-614, as enacted by Laws of Utah 2022, Chapter 325
104 20A-7-615, as enacted by Laws of Utah 2022, Chapter 325
105 20A-7-616, as enacted by Laws of Utah 2022, Chapter 325
106 20A-7-702, as last amended by Laws of Utah 2022, Chapter 11
107 Utah Code Sections Affected by Coordination Clause:
108 20A-7-204.1, as last amended by Laws of Utah 2021, Chapters 84 and 345
109
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110 Be it enacted by the Legislature of the state of Utah:
111 Section 1. Section 20A-7-101 is amended to read:
112 20A-7-101. Definitions.
113 As used in this chapter:
114 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
115 gather signatures for the electronic initiative process, the electronic referendum process, or the
116 electronic candidate qualification process.
117 (2) "Budget officer" means:
118 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
119 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);
120 (c) for a town, the town council; or
121 (d) for a metro township, the person described in Subsection (2)(a) for the county in
122 which the metro township is located.
123 (3) "Certified" means that the county clerk has acknowledged a signature as being the
124 signature of a registered voter.
125 (4) "Circulation" means the process of submitting an initiative petition or a referendum
126 petition to legal voters for their signature.
127 (5) "Electronic initiative process" means:
128 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
129 and 20A-21-201, for gathering signatures; or
130 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
131 20A-21-201, for gathering signatures.
132 (6) "Electronic referendum process" means:
133 (a) as it relates to a statewide referendum, the process, described in Sections
134 20A-7-313 and 20A-21-201, for gathering signatures; or
135 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
136 20A-21-201, for gathering signatures.
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137 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
138 city, or town that is holding an election on a ballot proposition.
139 (8) "Final fiscal impact statement" means a financial statement prepared after voters
140 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
141 20A-7-502.5(2).
142 (9) "Initial fiscal impact [estimate] statement" means[:]
143 [(a)] a financial statement prepared under Section 20A-7-202.5 after the filing of [an] a
144 statewide initiative application [for an initiative petition; or].
145 [(b)] (10) "Initial fiscal impact and legal statement" means a financial and legal
146 statement prepared under Section 20A-7-502.5 or 20A-7-602.5 for [an] a local initiative or a
147 local referendum [petition].
148 [(10)] (11) "Initiative" means a new law proposed for adoption by the public as
149 provided in this chapter.
150 (12) "Initiative application" means:
151 (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
152 includes all the information, statements, documents, and notarized signatures required under
153 Subsection 20A-7-202(2); or
154 (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
155 includes all the information, statements, documents, and notarized signatures required under
156 Subsection 20A-7-502(2).
157 [(11)] (13) "Initiative packet" means a copy of the initiative petition, a copy of the
158 proposed law, and the signature sheets, all of which have been bound together as a unit.
159 (14) "Initiative petition":
160 (a) as it relates to a statewide initiative, using the manual initiative process:
161 (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
162 submission of the initiative to the Legislature or the legal voters; and
163 (ii) if the initiative proposes a tax increase, includes the statement described in
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164 Subsection 20A-7-203(2)(b);
165 (b) as it relates to a statewide initiative, using the electronic initiative process:
166 (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
167 submission of the initiative to the Legislature or the legal voters; and
168 (ii) if the initiative proposes a tax increase, includes the statement described in
169 Subsection 20A-7-215(5)(b);
170 (c) as it relates to a local initiative, using the manual initiative process:
171 (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
172 submission of the initiative to the legislative body or the legal voters; and
173 (ii) if the initiative proposes a tax increase, includes the statement described in
174 Subsection 20A-7-503(2)(b); or
175 (d) as it relates to a local initiative, using the electronic initiative process:
176 (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
177 submission of the initiative to the legislative body or the legal voters; and
178 (ii) if the initiative proposes a tax increase, includes the statement described in
179 Subsection 20A-7-514(4)(a).
180 [(12)] (15) (a) "Land use law" means a law of general applicability, enacted based on
181 the weighing of broad, competing policy considerations, that relates to the use of land,
182 including land use regulation, a general plan, a land use development code, an annexation
183 ordinance, the rezoning of a single property or multiple properties, or a comprehensive zoning
184 ordinance or resolution.
185 (b) "Land use law" does not include a land use decision, as defined in Section
186 10-9a-103 or 17-27a-103.
187 [(13)] (16) "Legal signatures" means the number of signatures of legal voters that:
188 (a) meet the numerical requirements of this chapter; and
189 (b) have been obtained, certified, and verified as provided in this chapter.
190 [(14)] (17) "Legal voter" means [a person] an individual who is registered to vote in
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191 Utah.
192 [(15)] (18) "Legally referable to voters" means:
193 (a) for a proposed local initiative, that the proposed local initiative is legally referable
194 to voters under Section 20A-7-502.7; or
195 (b) for a proposed local referendum, that the proposed local referendum is legally
196 referable to voters under Section 20A-7-602.7.
197 [(16)] (19) "Local attorney" means the county attorney, city attorney, or town attorney
198 in whose jurisdiction a local initiative or referendum petition is circulated.
199 [(17)] (20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
200 jurisdiction a local initiative or referendum petition is circulated.
201 [(18)] (21) (a) "Local law" includes:
202 (i) an ordinance;
203 (ii) a resolution;
204 (iii) a land use law;
205 (iv) a land use regulation, as defined in Section 10-9a-103; or
206 (v) other legislative action of a local legislative body.
207 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
208 [(19)] (22) "Local legislative body" means the legislative body of a county, city, town,
209 or metro township.
210 [(20)] (23) "Local obligation law" means a local law passed by the local legislative
211 body regarding a bond that was approved by a majority of qualified voters in an election.
212 [(21)] (24) "Local tax law" means a law, passed by a political subdivision with an
213 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
214 [(22)] (25) "Manual initiative process" means the process for gathering signatures for
215 an initiative using paper signature packets that a signer physically signs.
216 [(23)] (26) "Manual referendum process" means the process for gathering signatures
217 for a referendum using paper signature packets that a signer physically signs.
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218 [(24)] (27) "Measure" means a proposed constitutional amendment, an initiative, or
219 referendum.
220 [(25)] (28) "Referendum" means a process by which a law passed by the Legislature or
221 by a local legislative body is submitted or referred to the voters for their approval or rejection.
222 (29) "Referendum application" means:
223 (a) for a statewide referendum, an application described in Subsection 20A-7-302(2)
224 that includes all the information, statements, documents, and notarized signatures required
225 under Subsection 20A-7-302(2); or
226 (b) for a local referendum, an application described in Subsection 20A-7-602(2) that
227 includes all the information, statements, documents, and notarized signatures required under
228 Subsection 20A-7-602(2).
229 [(26)] (30) "Referendum packet" means a copy of the referendum petition, a copy of
230 the law being submitted or referred to the voters for their approval or rejection, and the
231 signature sheets, all of which have been bound together as a unit.
232 (31) "Referendum petition" means:
233 (a) as it relates to a statewide referendum, using the manual referendum process, the
234 form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by
235 the Legislature to legal voters for their approval or rejection;
236 (b) as it relates to a statewide referendum, using the electronic referendum process, the
237 form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the
238 Legislature to legal voters for their approval or rejection;
239 (c) as it relates to a local referendum, using the manual referendum process, the form
240 described in Subsection 20A-7-603(2)