(1)
(a)
Within 35 calendar days after the day on which the legislative session at which the law passed ends, the lieutenant governor shall:
(i)
determine whether, within 30 calendar days after the day on which the legislative session at which the law passed ends, the sponsors have submitted signatures to the county clerks equal to at least 25% of the number of signatures required to qualify the referendum for placement on the ballot; and
(ii)
issue a written statement of the results of the determination.
(b)
If the lieutenant governor determines that the sponsors have met the 25% threshold described in Subsection (1)(a), the effective date of the law challenged by the referendum changes to the later of:
(i)
the effective date of the law; or
(ii)
the day after the day on which the lieutenant governor declares the referendum petition sufficient or insufficient under Section
20A-7-307
.
[(1)]
(2)
[If]
Notwithstanding Subsection (1), if
, at the time during the counting period described in Section 20A-7-307, the lieutenant governor determines that, at that point in time, an adequate number of signatures are certified to comply with the signature requirements, the lieutenant governor shall:
(a)
issue an order temporarily staying the law from going into effect; and
(b)
continue the process of certifying signatures and removing signatures as required by this part.
[(2)]
(3)
The temporary stay described in Subsection
[(1)]
(2)
remains in effect, regardless of whether a future count falls below the signature threshold, until the day on which:
(a)
if the lieutenant governor declares the referendum petition insufficient, five days after the day on which the lieutenant governor declares the referendum petition insufficient; or
(b)
if the lieutenant governor declares the referendum petition sufficient, the day on which governor issues the proclamation described in Section
20A-7-310
.
[(3)]
(4)
A law submitted to the people by referendum that is approved by the voters at an election takes effect the later of:
(a)
five days after the date of the official proclamation of the vote by the governor; or
(b)
the effective date specified in the approved law.
[(4)]
(5)
If, after the lieutenant governor issues a temporary stay order under Subsection
[(1)(a)]
(2)(a)
, the lieutenant governor declares the referendum petition insufficient, the law that is the subject of the referendum petition takes effect the later of:
(a)
five days after the day on which the lieutenant governor declares the referendum petition insufficient; or
(b)
the effective date specified in the law that is the subject of the referendum petition.
[(5)]
(6)
(a)
The governor may not veto a law approved by the people.
(b)
The Legislature may amend any laws approved by the people at any legislative session after the people approve the law.
[(6)]
(7)
If the Legislature repeals a law challenged by referendum petition under this part, the referendum petition is void and no further action on the referendum petition is required.
History
Amended by
Chapter
3
,
2024SP4
General Session
,
§
4
, contingently eff.
1/1/2025
, if the amendment to the Utah Constitution proposed by S.J.R. 401, Proposal to Amend Utah Constitution - Voter Legislative Power, 2024 4th Special Session, passes the Legislature and is approved by a majority of those voting on it at the next regular general election.
Amended by
Chapter
107
,
2023
General Session
,
§
34
, eff.
5/3/2023
.
Amended by
Chapter
140
,
2021
General Session
,
§
25
, eff.
5/5/2021
.
Amended by
Chapter
166
,
2020
General Session
,
§
7
, eff.
5/12/2020
.
Enacted by Chapter 1, 1994 General Session