Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 73 (2025GS)

Sponsor

Sen. Fillmore, Lincoln

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies requirements for a statewide initiative application and a fiscal impact statement in relation to funding a law proposed by initiative;
• requires initiative petition sponsors to publish the initiative application in the same manner required for publication of a proposed constitutional amendment;
• prohibits submission of an initiative, or counting votes cast for or against an initiative, if the sponsors of the initiative petition fail to comply with the publication requirement; and
• makes technical changes.

Every vote on this bill

Bill text

14
20A-7-202
20A-7-202.5
20A-7-209.5
20A-7-211
4
Statewide Initiatives Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Jason B. Kyle
LONG TITLE
General Description:
This bill amends provisions relating to a statewide initiative.
Highlighted Provisions:
This bill:
modifies requirements for a statewide initiative application and a fiscal impact statement 
in relation to funding a law proposed by initiative; 
requires initiative petition sponsors to publish the initiative application in the same 
manner required for publication of a proposed constitutional amendment;
prohibits submission of an initiative, or counting votes cast for or against an initiative, if 
the sponsors of the initiative petition fail to comply with the publication requirement; 
and 
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-7-202
, 
Effective 
upon governor's approval
 as last amended by Laws of Utah 2023, 
Chapter 107
20A-7-202.5
, 
Effective 
upon governor's approval
 as last amended by Laws of Utah 
2024, Chapter 442
20A-7-211
, 
Effective 
01/01/27
 as last amended by Laws of Utah 2023, Chapter 107
ENACTS:
20A-7-209.5
, 
Effective 
01/01/27
 Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-7-202
 is amended to read:
20A-7-202
Effective 
upon governor's approval
. 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;
 and
(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;
(e)
the following, in the following order:
(i)
the title of the proposed law that clearly expresses the subject of the law;
(ii)
except as provided in Subsection 
(3)(c)
, a description of the manner in which the 
proposed law will be funded, including:
(A)
all proposed sources of funding for the costs associated with the proposed law, 
including the proposed percentage of total funding from each source;
(B)
if the proposed law will be funded, in whole or in part, by a new tax, a 
description of the new tax and the tax rate;
(f)
(C)
if the 
initiative proposes
proposed law will be funded, in whole or in 
part, by
 a tax increase, the following statement
 for each tax increase
, "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
(D)
if the proposed law will be funded, in whole or in part, from new revenues, a 
description of the amount and source of the new revenues; and
(E)
if the proposed law will be funded, in whole or in part, from existing revenues, 
a description of the existing line items or programs that will receive less 
funding in order to fund the proposed law and the amount by which the 
funding will be reduced;
(g)
(iii)
a statement indicating whether persons gathering signatures for the initiative 
petition may be paid for gathering signatures
.
; and
(iv)
the text of the proposed law.
(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.
(c)
If the fiscal impact of the law proposed by an initiative is less than the amount 
specified by joint legislative rule for designating a bill as a fiscal note bill:
(i)
the initiative application is not required to include the description described in 
Subsection (2)(e)(ii); and
(ii)
the lieutenant governor may not reject the initiative application or initiative 
application addendum under Subsection 
(5)(c)
.
(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;
(ii)
is nonsensical;
(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
.
; or
(c)
except as provided in Subsection 
(3)
(c), the lieutenant governor determines, after 
consultation with the Office of the Legislative Fiscal Analyst, that the funding 
description, described in Subsection 
(2)(e)
(ii):
(i)
does not comply with the requirements of Subsection 
(2)(e)
(ii); or
(ii)
is unlikely to provide adequate funding for the proposed law.
(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.
Section 2, Section 
20A-7-202.5
 is amended to read:
20A-7-202.5
Effective 
upon governor's approval
. Initial fiscal impact statement 
-- Preparation of statement -- Challenge to statement.
(1)
Within three working days after the day on which the lieutenant governor receives an 
initiative application, the lieutenant governor shall submit a copy of the initiative 
application to the Office of the Legislative Fiscal Analyst.
(2)
(a)
The
Except as provided in Subsection 
(2)(b)
, the
 Office of the Legislative Fiscal 
Analyst shall prepare an unbiased, good faith initial fiscal impact statement for the 
proposed law, not exceeding 100 words plus 100 words per revenue source created or 
impacted by the proposed law, that contains:
(i)
a 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 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 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 will be funded, in whole or in part, from new revenues, a 
description of the amount and source of the new revenues;
(v)
if the proposed law will be funded, in whole or in part, from existing revenues, a 
description of:
(A)
the existing line items or programs that will receive less funding in order to 
fund the proposed law and the amount by which the funding will be reduced; 
and
(B)
the likely impact of the reduction in funding described in Subsection 
(2)(a)(v)(A);
(iv)
(vi)
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)
(vii)
a dollar amount representing the estimated cost or savings, if any, to state or 
local government entities under the proposed law;
(vi)
(viii)
if the proposed law would increase costs to state government, a listing of 
all sources of funding for the estimated costs; and
(vii)
(ix)
a concise description and analysis titled "Funding Source," not to exceed 
100 words for each funding source, of the funding source information described in 
Subsection 
20A-7-202
(2)(e)(ii).
(b)
If the proposed law is estimated to have 
no 
fiscal impact
 of less than the amount specified 
by joint legislative rule for designating a bill as a fiscal note bill
, the Office of the Legislative 
Fiscal Analyst shall 
include a summary statement in the initial fiscal impact statement in 
substantially the following form
prepare the initial fiscal impact statement to read substantially 
as follows
:
"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."
(3)
Within 25 calendar days after the day on which the lieutenant governor delivers a copy 
of the initiative application, the Office of the Legislative Fiscal Analyst shall:
(a)
send a copy of the initial fiscal impact statement to the lieutenant governor's office; 
and
(b)
send a copy of the initial fiscal impact statement to the first five sponsors named in 
the initiative application.
(4)
(a)
(i)
Three or more of the sponsors of the initiative petition may, within 20 
calendar days after the day on which the Office of the Legislative Fiscal Analyst 
delivers the initial fiscal impact statement to the lieutenant governor's office, file a 
petition with the appropriate court, alleging that the initial fiscal impact statement, 
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 filed with the court to:
(A)
any person or group that has filed an argument with the lieutenant governor's 
office for or against the initiative 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 statement 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 statement unless the plaintiffs rebut the presumption by clear and 
convincing evidence that establishes that the initial fiscal impact statement, 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 statement 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 statement for the 
initiative that meets the requirements of this section.
Section 3, Section 
20A-7-209.5
 is enacted to read:
20A-7-209.5
Effective 
01/01/27
. Initiative application -- Required publication.
(1)
The sponsors shall publish the entire initiative application in the same manner required 
for a constitutional amendment under Utah Constitution, Article XXIII, Section 1.
(2)
If the sponsors fail to comply with Subsection 
(1)
:
(a)
the initiative cannot be submitted to the voters; and
(b)
an election officer may not count votes cast for or against the initiative.
Section 4, Section 
20A-7-211
 is amended to read:
20A-7-211
Effective 
01/01/27
. Return and canvass -- Conflicting measures -- 
Law effective on proclamation.
(1)
The
Except as provided in Subsection 
20A-7-209.5(2)
, the
 votes on the law proposed 
by the initiative petition shall be counted, canvassed, and delivered as provided in 
Title 
20A, Chapter 4, Part 3, Canvassing Returns
Chapter 4, Part 3, Canvassing Returns
.
(2)
After
Except as provided in Subsection 
20A-7-209.5(2)
, after
 the state board of 
canvassers completes the canvass, the lieutenant governor shall certify to the governor 
the vote for and against the law proposed by the initiative petition.
(3)
(a)
The
Except as provided in Subsection 
20A-7-209.5(2)
,
the 
governor shall 
immediately issue a proclamation that:
(i)
gives the total number of votes cast in the state for and against each law proposed 
by an initiative petition; and
(ii)
declares those laws proposed by an initiative petition that are approved by 
majority vote to be in full force and effect on the date described in Subsection 
20A-7-212(2)
.
(b)
When the governor believes that two proposed laws, or that parts of two proposed 
laws approved by the people at the same election are entirely in conflict, the governor 
shall proclaim as law the initiative that receives the greatest number of affirmative 
votes, regardless of the difference in the majorities which those initiatives receive.
(c)
Within 10 days after the day of the governor's proclamation, any qualified voter who 
signed the initiative petition proposing the law that is declared by the governor to be 
superseded by another initiative approved at the same election may bring an action in 
the appropriate court to review the governor's decision.
(4)
Within 10 days after the day on which the court issues an order in an action described in 
Subsection 
(3)(c)
, the governor shall:
(a)
proclaim as law all initiatives approved by the people that the court determines are 
not entirely in conflict; and
(b)
of the initiatives approved by the people that the court determines to be entirely in 
conflict, proclaim as law, regardless of the difference in majorities, the law that 
receives the greatest number of affirmative votes, to be in full force and effect on the 
date described in Subsection 
20A-7-212(2)
.
Section 5. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect:
(a)
except as provided in Subsection (1)(b), 
May 7, 2025
; or
(b)
if approved by two-thirds of all members elected to each house:
(i)
upon approval by the governor;
(ii)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(iii)
in the case of a veto, the date of veto override.
(2)
The actions affecting the following sections take effect on 
January 1, 2027
:
(a)
Section 20A-7-211
Effective 
01/01/27
; and
(b)
Section 
20A-7-209.5
Effective 
01/01/27
.
3-13-25 1:57 PM