20A-7-202.5 - Initial fiscal impact estimate -- Preparation of estimate -- Challenge to estimate.
20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge toestimate.
(1) Within three working days of receipt of an application for an initiative petition, thelieutenant governor shall submit a copy of the application to the Governor's Office of Planningand Budget.
(2) (a) The Governor's Office of Planning and Budget shall prepare an unbiased, goodfaith estimate of the fiscal impact of the law proposed by the initiative that contains:
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
(ii) if the proposed law would increase or decrease taxes, a dollar amount representingthe total estimated increase or decrease for each type of tax affected under the proposed law and adollar amount representing the total estimated increase or decrease in taxes under the proposedlaw;
(iii) 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 ordecrease in public debt under the proposed law;
(iv) a listing of all sources of funding for the estimated costs associated with theproposed law showing each source of funding and the percentage of total funding provided fromeach source;
(v) a dollar amount representing the estimated costs or savings, if any, to state and localgovernment entities under the proposed law; and
(vi) a concise explanation, not exceeding 100 words, of the above information and of theestimated fiscal impact, if any, under the proposed law.
(b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office ofPlanning and Budget shall include a summary statement in the initial fiscal impact statement insubstantially the following form:
"The Governor's Office of Planning and Budget estimates that the law proposed by thisinitiative would have no significant fiscal impact and would not result in either an increase ordecrease in taxes or debt."
(ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office ofPlanning and Budget shall include a summary statement in the initial fiscal impact estimate insubstantially the following form:
"The Governor's Office of Planning and Budget estimates that the law proposed by thisinitiative would result in a total fiscal expense/savings of $______, which includes a (type of taxor 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 otherwisedifficult to reasonably express in a summary statement, the Governor's Office of Planning andBudget may include in the summary statement a brief explanation that identifies those factorsaffecting the variability or difficulty of the estimate.
(3) Within 25 calendar days from the date that the lieutenant governor delivers a copy ofthe application, the Governor's Office of Planning and Budget 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 theinitiative application.
(4) (a) (i) 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 lieutenant governor's office, file apetition with the Supreme 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 Supreme Court shall direct the lieutenant governor tosend notice of the petition to:
(A) any person or group that has filed an argument with the lieutenant governor's officefor 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 filedwritten or electronic notice with the lieutenant governor that identifies the name, mailing oremail address, and telephone number of the person designated to receive notice about any issuesrelating to the initiative.
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by theGovernor's Office of Planning and Budget is based upon reasonable assumptions, uses reasonabledata, and applies accepted analytical methods to present the estimated fiscal impact of theinitiative.
(ii) The Supreme Court may not revise the contents of, or direct the revision of, theinitial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincingevidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccuratestatement of the estimated fiscal impact of the initiative.
(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate toa master to examine the issue and make a report in accordance with Utah Rules of CivilProcedure, Rule 53.
(c) The Supreme Court shall certify to the lieutenant governor a fiscal impact estimatefor the measure that meets the requirements of this section.
Amended by Chapter 367, 2010 General Session