Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 143 (2020GS)

Sponsor

Sen. Henderson, D.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the length, form, and content of a fiscal impact statement for an initiative;
• provides that a fiscal impact statement is based on the time periods that are most useful in understanding the estimated fiscal impact of a proposed law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FISCAL IMPACT OF INITIATIVES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Deidre M. Henderson
House Sponsor: 
Brady Brammer
LONG TITLE
General Description:
This bill amends provisions relating to estimating the fiscal impact of an initiative.
Highlighted Provisions:
This bill:
▸ modifies the length, form, and content of a fiscal impact statement for an initiative;
▸ provides that a fiscal impact statement is based on the time periods that are most
useful in understanding the estimated fiscal impact of a proposed law; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-7-202.5
, as last amended by Laws of Utah 2019, Chapters 255 and 275
20A-7-203
, as last amended by Laws of Utah 2019, Chapters 210 and 275
20A-7-703
, as last amended by Laws of Utah 2012, Chapter 334
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-7-202.5
 is amended to read:
20A-7-202.5.
Initial fiscal impact estimate -- Preparation of estimate -- Challenge
to estimate.
(1) Within three working days after the day on which the lieutenant governor receives
an application for an initiative petition, the lieutenant governor shall submit a copy of the
application to the Office of the Legislative Fiscal Analyst.
(2) (a) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good
faith 
initial fiscal impact
 estimate [
of the fiscal impact
] of the law proposed by the initiative
,
not exceeding 100 words plus 100 words per revenue source created or impacted by the
proposed law,
 that contains:
(i) a [
dollar amount representing
] 
description of
 the total estimated fiscal impact of the
proposed law 
over the time period or time periods determined by the Office of the Legislative
Fiscal Analyst to be most useful in understanding the estimated fiscal impact of the proposed
law
;
(ii) if the proposed law would increase [
or
] 
taxes,
 decrease taxes, 
or impose a new tax,
a dollar amount representing the total estimated increase or decrease for each type of tax
affected under the proposed law
, a dollar amount showing the estimated amount of a new tax,
and a dollar amount representing the total estimated increase or decrease in taxes under the
proposed law;
(iii) if the proposed law would increase [
taxes
] 
a particular tax or tax rate
, the tax
percentage difference and the tax percentage increase 
for each tax or tax rate increased
;
(iv) if the proposed law would result in the issuance or a change in the status of bonds, 
notes, or other debt instruments, a dollar amount representing the total estimated increase or
decrease in public debt under the proposed law;
[
(v) a listing of all sources of funding for the estimated costs associated with the
proposed law showing each source of funding and the percentage of total funding provided
from each source;
]
[
(vi) a dollar amount representing the estimated costs or savings, if any, to state and
local government entities under the proposed law;
]
[
(vii) a concise explanation, not exceeding 100 words, of the above information and of
the estimated fiscal impact, if any, under the proposed law; and
]
(v) a dollar amount representing the estimated cost or savings, if any, to state or local
government entities under the proposed law;
(vi) if the proposed law would increase costs to state government, a listing of all
sources of funding for the estimated costs; and
[
(viii)
] 
(vii)
 a concise description and analysis titled "Funding Source," not to exceed
[
] 
 words 
for each funding source
, of the funding source information described in
Subsection 
20A-7-202
(2)(d)(ii).
(b) [
(i)
] If the proposed law is estimated to have no fiscal impact, the Office of the
Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
statement in substantially the following form:
"The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
initiative would have no significant fiscal impact and would not result in either an increase or
decrease in taxes or debt."
[
(ii) If the proposed law is estimated to have a fiscal impact, the Office of the
Legislative Fiscal Analyst shall include a summary statement in the initial fiscal impact
estimate in substantially the following form:
]
[
"The Office of the Legislative Fiscal Analyst estimates that the law proposed by this
initiative would result in a total fiscal expense/savings of $______, which includes a (type of
tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state debt."
]
[
(iii) If the estimated fiscal impact of the proposed law is highly variable or is
otherwise difficult to reasonably express in a summary statement, the Office of the Legislative
Fiscal Analyst may include in the summary statement a brief explanation that identifies those
factors affecting the variability or difficulty of the estimate.
]
[
(iv) If the proposed law imposes a tax increase, the Office of the Legislative Fiscal
Analyst shall include a summary statement in the initial fiscal impact estimate in substantially
the following form:
]
[
"This initiative petition 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."
]
(3) The Office of the Legislative Fiscal Analyst shall prepare an unbiased, good faith
estimate of the cost of printing and distributing information related to the initiative petition in:
(a) the voter information pamphlet as required by Chapter 7, Part 7, Voter Information
Pamphlet; or
(b) the newspaper, as required by Section 
20A-7-702
.
(4) Within 25 calendar days after the day on which the lieutenant governor delivers a
copy of the application, the Office of the Legislative Fiscal Analyst shall:
(a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
office; and
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
the initiative application.
(5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar days
after the day on which the [
Governor's Office of Management and Budget
] 
Office of the
Legislative Fiscal Analyst
 delivers the initial fiscal impact estimate to the lieutenant governor's
office, file a petition with the appropriate court, alleging that the initial fiscal impact estimate,
taken as a whole, is an inaccurate estimate of the fiscal impact of the initiative.
(ii) After receipt of the appeal, the court shall direct the lieutenant governor to send
notice of the petition to:
(A) any person or group that has filed an argument with the lieutenant governor's office
for or against the measure that is the subject of the challenge; and
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the initiative.
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
Office of the Legislative Fiscal Analyst is based upon reasonable assumptions, uses reasonable
data, and applies accepted analytical methods to present the estimated fiscal impact of the
initiative.
(ii) The court may not revise the contents of, or direct the revision of, the initial fiscal
impact estimate unless the plaintiffs rebut the presumption by clear and convincing evidence
that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate statement of
the estimated fiscal impact of the initiative.
(iii) The court may refer an issue related to the initial fiscal impact estimate to a master
to examine the issue and make a report in accordance with Utah Rules of Civil Procedure, Rule
53.
(c) The court shall certify to the lieutenant governor a fiscal impact estimate for the
measure that meets the requirements of this section.
Section 2. Section 
20A-7-203
 is amended to read:
20A-7-203.
Form of initiative petition and signature sheets.
(1) (a) Each proposed initiative petition shall be printed in substantially the following
form:
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
regular general election/session to be held/ beginning on _________(month\day\year);
Each signer says:
I have personally signed this petition;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name.
NOTICE TO SIGNERS:
Public hearings to discuss this petition were held at: (list dates and locations of public
hearings.)"
(b) If the initiative petition proposes a tax increase, the following statement shall
appear, in at least 14-point, bold type, immediately following the information described in
Subsection (1)(a):
"This initiative petition 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."
(c) The sponsors of an initiative shall attach a copy of the proposed law to each
initiative petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the initiative printed below the horizontal line, in at least
14-point, bold type;
(d) be vertically divided into columns as follows:
(i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
be.25 inch wide, and be headed, together with the second column, "For Office Use Only";
(ii) the second column shall be .25 inch wide;
(iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
Voter";
(v) the fifth column shall be .75 inch wide, headed "Date Signed";
(vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
Code"; and
(vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
(e) be horizontally divided into rows as follows:
(i) the top of the first row, for the purpose of entering the information described in
Subsection (2)(d), shall be .5 inch high;
(ii) the second row shall be .15 inch high and contain the following statement printed
or typed in not less than 12-point type:
"By signing this petition, you are stating that you have read and understand the law
proposed by this petition."; and
(iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
bottom of the sheet for the information described in Subsection (2)(f); and
(f) at the bottom of the sheet, contain in the following order:
(i) the title of the initiative, in at least 14-point, bold type;
(ii) 
except as provided in Subsection (4),
 the initial fiscal impact estimate's summary
statement issued by the Office of the Legislative Fiscal Analyst in accordance with Subsection
20A-7-202.5
(2)[
(b)
]
(a)
, including any update in accordance with Subsection 
20A-7-204.1
(5),
and the cost estimate for printing and distributing information related to the initiative petition
in accordance with Subsection 
20A-7-202.5
(3), in not less than 12-point, bold type;
(iii) the word "Warning," followed by the following statement in not less than
eight-point type:
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same measure, or to sign an initiative petition when the individual knows that the
individual is not a registered voter and knows that the individual does not intend to become
registered to vote before the certification of the petition names by the county clerk.";
(iv) the following statement: "Birth date or age information is not required, but it may
be used to verify your identity with voter registration records. If you choose not to provide it,
your signature may not be verified as a valid signature if you change your address before
petition signatures are verified or if the information you provide does not match your voter
registration records."; and
(v) if the initiative petition proposes a tax increase, spanning the bottom of the sheet,
horizontally, in not less than 14-point, bold type, the following statement:
"This initiative petition 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."
(3) The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am a resident of Utah and am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be
the individuals whose names appear in it, and each of the individuals signed the individual's
name on it in my presence;
I believe that each individual has printed and signed the individual's name and written
the individual's post office address and residence correctly, that each signer has read and
understands the law proposed by the initiative, and that each signer is registered to vote in Utah
or intends to become registered to vote before the certification of the petition names by the
county clerk.
Each individual who signed the packet wrote the correct date of signature next to the
individual's name.
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it.
________________________________________________________________________
(Name) (Residence Address) (Date)"
(4) If the initial fiscal impact estimate described in Subsection (2)(f), as updated in
accordance with Subsection 
20A-7-204.1
(5), exceeds 200 words, the Office of the Legislative
Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on a
signature sheet, that does not exceed 200 words.
[
(4)
] 
(5)
 If the forms described in this section are substantially followed, the initiative
petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 3. Section 
20A-7-703
 is amended to read:
20A-7-703.
Impartial analysis of measure -- Determination of fiscal effects.
(1) The director of the Office of Legislative Research and General Counsel, after the
approval of the legislative general counsel as to legal sufficiency, shall:
(a) prepare an impartial analysis of each measure submitted to the voters by the
Legislature or by initiative or referendum petition; and
(b) submit the impartial analysis to the lieutenant governor no later than the day that
falls 90 days before the date of the election in which the measure will appear on the ballot.
(2) The director shall ensure that the impartial analysis:
(a) is not more than 1,000 words long;
(b) is prepared in clear and concise language that will easily be understood by the
average voter;
(c) avoids the use of technical terms as much as possible;
(d) shows the effect of the measure on existing law;
(e) identifies any potential conflicts with the United States or Utah Constitutions raised
by the measure;
(f) fairly describes the operation of the measure;
(g) identifies the measure's fiscal effects [
for the first full year of implementation and
the first year when the last provisions to be implemented are fully effective
] 
over the time
period or time periods determined by the director to be most useful in understanding the
estimated fiscal impact of the proposed law
; and
(h) identifies the amount of any increase or decrease in revenue or cost to state or local
government.
(3) The director shall analyze the measure as it is proposed to be adopted without
considering any implementing legislation, unless the implementing legislation has been enacted
and will become effective upon the adoption of the measure by the voters.
(4) (a) In determining the fiscal effects of a measure, the director shall confer with the
legislative fiscal analyst.
(b) The director shall consider any measure that requires implementing legislation in
order to take effect to have no financial effect, unless implementing legislation has been
enacted that will become effective upon adoption of the measure by the voters.
(5) If the director requests the assistance of any state department, agency, or official in
preparing [
his
] 
the director's
 analysis, that department, agency, or official shall assist the
director.