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Utah Statutes § 20A-7-611 Temporary stay - Effective date - Effect of repeal by local legislative body

⤴ Up to Part 6: Local Referenda - Procedures

Statute Text

(1) Any law submitted to the people by referendum petition that is rejected by the voters at any election is repealed as of the date of the election.
(2) If, at the time during the process described in Subsection 20A-7-607 (2) , the local clerk determines that, at that point in time, an adequate number of signatures are certified to comply with the signature requirements, the local clerk 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.
(3) The temporary stay described in Subsection (2) remains in effect, regardless of whether a future count falls below the signature threshold, until the day on which:
(a) if the local clerk declares the referendum petition insufficient, five days after the day on which the local clerk declares the referendum petition insufficient; or
(b) if the local clerk declares the referendum petition sufficient, the day on which the local legislative body issues the proclamation described in Section 20A-7-610 .
(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 local legislative body; or
(b) the effective date specified in the approved law.
(5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the local clerk 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 local clerk declares the petition insufficient; or
(b) the effective date specified in the proposed law.
(6)
(a) A law approved by the people under this part is not subject to veto.
(b) The local legislative body may amend any laws approved by the people under this part after the people approve the law.
(7) If the local legislative body 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 107 , 2023 General Session , § 72 , eff. 5/3/2023 .

Amended by Chapter 325 , 2022 General Session , § 50 , eff. 1/1/2023 .

Amended by Chapter 18 , 2022 General Session , § 19 , eff. 3/3/2022 .

Amended by Chapter 140 , 2021 General Session , § 46 , eff. 5/5/2021 .

Enacted by Chapter 272, 1994 General Session

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