SB 73: Statewide Initiatives Amendments - Utah

Substitute #3 → Enrolled · 4 edits · Mar 24, 2025

MODERATE

This bill updates Utah's statewide initiative process by adding strict funding disclosure requirements to initiative applications and requiring sponsors to publish the full application like a constitutional amendment. It also introduces a new legal challenge process for fiscal impact statements and sets a future effective date of January 1, 2027, for these new rules.

Scope change

The bill expands the scope of initiative regulation to include mandatory publication and specific funding descriptions, while the effective date for these new requirements shifts from the current session to January 1, 2027.

REQUIREMENT

Initiative sponsors must now publish the entire application in the same manner required for constitutional amendments; failure to do so prevents the initiative from being submitted to voters or having votes counted.

Funding descriptions in initiative applications are now required to include specific details on tax rate increases, new revenue sources, and reductions to existing programs, unless the fiscal impact is below a certain threshold.

ENFORCEMENT

A new legal mechanism allows three or more sponsors to challenge the accuracy of the initial fiscal impact statement in court, with a presumption that the state analyst's estimate is correct unless proven otherwise by clear and convincing evidence.

TIMELINE

The new publication, funding disclosure, and fiscal challenge requirements are delayed until January 1, 2027, rather than taking effect immediately upon approval.

Introduced → Substitute #1 · 3 edits

MINOR

The bill was amended to add a new requirement that initiative petition sponsors must publish the entire petition in newspapers across all counties for two months before the election. Failure to strictly comply with this publication mandate now prohibits the initiative from being submitted to voters and prevents election officials from counting any votes cast for or against it.

Scope change

The bill's scope expanded from amending existing sections to also enacting a new section (20A-7-209.5) that establishes strict publication requirements for initiative petitions.

REQUIREMENT

Added a mandatory requirement for sponsors to publish the full initiative petition in at least one newspaper in every county where a newspaper is published for two months immediately preceding the general election.

ENFORCEMENT

Established that failure to strictly comply with the publication requirement results in the initiative being unable to be submitted to voters and election officers being prohibited from counting votes.

TECHNICAL

Adjusted the text of Section 20A-7-202 to reorganize the order of required application contents and clarified funding description requirements, though the core funding obligations remained similar.

Substitute #2 → Substitute #3 · 6 edits

MODERATE

This bill introduces stricter requirements for statewide initiative petitions in Utah, including mandatory publication of the entire initiative application and enhanced fiscal impact statement requirements. The changes aim to improve transparency and ensure initiatives are properly funded before reaching voters. Key modifications include new publication obligations, revised funding disclosure requirements, and updated procedures for handling conflicting initiatives.

Scope change

The bill's scope remains focused on statewide initiative processes, but applicability is now more restrictive regarding publication requirements and fiscal impact thresholds.

REQUIREMENT

Initiative sponsors must now publish the entire initiative application using the same publication method required for constitutional amendments

ENFORCEMENT

Initiatives cannot be submitted to voters and votes cannot be counted if sponsors fail to comply with the new publication requirement

Enhanced procedures for resolving conflicts between multiple initiatives approved at the same election

FISCAL

Funding disclosure requirements were reorganized and clarified, with specific language for tax increases and revenue sources

Fiscal impact statement word limits were adjusted and additional analysis requirements were added for funding sources

TECHNICAL

Several technical corrections were made to section numbering and formatting throughout the bill

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill amends Utah's statewide initiative process by clarifying funding disclosure requirements, establishing stricter publication rules for initiative petitions, and updating the fiscal impact statement process. The changes ensure that initiative sponsors must publish their petitions in newspapers across all counties and provide detailed funding information, with the lieutenant governor unable to reject applications based on minor fiscal discrepancies if the impact is below a certain threshold.

Scope change

The bill applies to all statewide initiatives in Utah, affecting both the application process and the publication requirements for initiative petitions.

REQUIREMENT

Reorganized and clarified the funding disclosure requirements in initiative applications, separating general funding descriptions from specific tax increase and revenue source details.

Added language to clarify that fiscal impact statements are not required for initiatives with impacts below the threshold for fiscal note bills.

Added specific language requiring initiative sponsors to publish the entire petition in newspapers in every county for two months before the election.

ENFORCEMENT

Strengthened publication requirements by mandating newspaper publication in every county and prohibiting submission or vote counting if sponsors fail to comply.

TECHNICAL

Made technical formatting changes to improve clarity and consistency throughout the statute.

Statewide Initiatives Amendments

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