UTAH CODE (Last Updated: January 16, 2015) |
Title 20A. Election Code |
Chapter 7. Issues Submitted to the Voters |
Part 5. Local Initiatives - Procedures |
§ 20A-7-502.5. Initial fiscal and legal impact estimate -- Preparation of estimate -- Challenge to estimate. (Effective 5/13/2014)
Latest version.
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(1) Within three working days of receipt of an application for an initiative petition, the local clerk shall submit a copy of the application to the county, city, or town's budget officer. (3) The budget officer shall prepare an unbiased, good faith estimate of the cost of printing and distributing information related to the initiative petition in the voter information pamphlet as required by Section 20A-7-402. (4) Within 25 calendar days from the date that the local clerk delivers a copy of the application, the budget officer shall: (a) deliver a copy of the initial fiscal impact estimate, including the legal impact estimate, to the local clerk's office; and (b) mail a copy of the initial fiscal impact estimate, including the legal impact estimate, to the first five sponsors named in the application. (5) (a) Three or more of the sponsors of the petition may, within 20 calendar days of the date of delivery of the initial fiscal impact estimate to the local clerk's office, file a petition with the Supreme Court, alleging that the initial fiscal impact estimate, including the legal impact estimate, taken as a whole, is an inaccurate estimate of the fiscal or legal impact of the initiative. (b) (i) There is a presumption that the initial fiscal impact estimate, including the legal impact estimate, prepared by the budget officer and legal counsel is based upon reasonable assumptions, uses reasonable data, and applies accepted analytical methods to present the estimated fiscal and legal impact of the initiative. (ii) The Supreme Court may not revise the contents of, or direct the revision of, the initial fiscal impact estimate, including the legal impact estimate, unless the plaintiffs rebut the presumption by clear and convincing evidence that establishes that the fiscal estimate, including the legal impact estimate, taken as a whole, is an inaccurate statement of the estimated fiscal or legal impact of the initiative. (iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate, including the legal 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 Supreme Court shall certify to the local clerk an initial fiscal impact estimate, including the legal impact estimate, for the measure that meets the requirements of this section.
Amended by Chapter 364, 2014 General Session