Current through the 2024 Fourth Special Session
Section 20A-7-202 - Statewide initiative process - Initiative application procedures - Time to gather signatures - Grounds for rejection(1) Individuals wishing to circulate an initiative petition shall file an initiative application with the lieutenant governor.(2) The initiative application shall include: (a) the name and residence address of at least five sponsors of the initiative petition;(b) a statement indicating that each of the sponsors is registered to vote in Utah;(c) a statement indicating whether the initiative will be presented to:(i) the Legislature under Subsection 20A-7-201(1); or(ii) a vote of the people under Subsection 20A-7-201(2);(d) the signature of each of the sponsors, attested to by a notary public;(e) a copy of the proposed law that includes, in the following order: (i) the title of the proposed law, that clearly expresses the subject of the law;(ii) a description of all proposed sources of funding for the costs associated with the proposed law, including the proposed percentage of total funding from each source; and(iii) the text of the proposed law;(f) if the initiative proposes a tax increase, the following statement, "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent increase in the current tax rate."; and(g) a statement indicating whether persons gathering signatures for the initiative petition may be paid for gathering signatures.(3)(a) An individual's status as a resident, under Subsection (2), is determined in accordance with Section 20A-2-105.(b) The initiative application and the initiative application's contents are public when filed with the lieutenant governor.(4) If the initiative petition fails to qualify for the ballot of the election described in Subsection 20A-7-201(2)(b), the sponsors shall:(a) submit a new initiative application;(b) obtain new signature sheets; and(c) collect signatures again.(5) The lieutenant governor shall reject an initiative application or an initiative application addendum filed under Subsection 20A-7-204.1(5) and not issue signature sheets if: (a) the proposed law: (i) is patently unconstitutional;(iii) could not become law if passed;(iv) contains more than one subject as evaluated in accordance with Subsection (6); or(v) is identical or substantially similar to a law proposed by an initiative for which signatures were submitted to the county clerks and lieutenant governor for certification within two years preceding the date on which the initiative application for the new initiative is filed; or(b) the subject of the proposed law is not clearly expressed in the law's title.(6) To evaluate whether the proposed law contains more than one subject under Subsection (5)(a)(iv), the lieutenant governor shall apply the same standard provided in Utah Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more than one subject.Amended by Chapter 107, 2023 General Session ,§ 3, eff. 5/3/2023.Amended by Chapter 140, 2021 General Session ,§ 7, eff. 5/5/2021.Amended by Chapter 275, 2019 General Session ,§ 1, eff. 5/14/2019.Amended by Chapter 217, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 291, 2017 General Session ,§ 2, eff. 5/9/2017.Amended by Chapter 17, 2011, 2011 General Session
Amended by Chapter 297, 2011 General Session
Amended by Chapter 315, 2011 General Session.