Utah's Path To Lawmaking

In Utah, a proposition can become a law through a lengthy process that involves multiple stages. Firstly, a legislator must develop an idea for a bill, drawing from sources such as constituents, government agencies, and lobbyists. The idea is then submitted to the Office of Legislative Research and General Counsel, where it is reviewed, and a fiscal note is attached. After introduction into the Legislature, the bill undergoes committee review, public input, and open debate, where it may be amended. For the bill to pass, it must receive a minimum number of votes in both the House of Representatives and the Senate. Following passage in both houses, the bill is prepared for the Governor's action, who can sign it, veto it, or let it become law without a signature. Once enacted, the bill becomes effective 60 days after adjournment, unless another date is specified.

In addition to this standard legislative process, Utah also allows citizen initiatives in the form of initiated state statutes and veto referendums. These initiatives require gathering a specific number of signatures, calculated as a percentage of active voters in the state. The signatures are then submitted, and the initiative is reviewed by the local government, which performs a fiscal and legal impact estimate. If the initiative is deemed legally referable to voters, a proposition information pamphlet is distributed, and sponsors may submit arguments in favour. The initiative then proceeds to gather petition signatures, and if declared sufficient, it is delivered to the local legislative body. The initiative is then included on the ballot for voter approval or rejection.

The role of the Governor

The Governor plays a crucial role in the process of turning a proposition into law in Utah. They are one of the major sources of ideas for bills, which can be developed into laws. Once a bill has been drafted, introduced, reviewed, and passed by the Legislature, it is prepared for the Governor's action.

The Governor can either sign the bill, veto it, or allow it to become law without their signature. If the Governor vetoes the bill, the Legislature can still turn it into law if two-thirds of both chambers vote to override the veto.

The role of the Lieutenant Governor

The Lieutenant Governor of Utah is the second-highest official in the state and is next in line to the governorship in the event of death, removal, resignation, or disability of the governor. The Lieutenant Governor is elected every four years and is not subject to term limits.

The Lieutenant Governor's duties include:

• Serving as the chief election officer of Utah
• Keeping a register of, and attesting to, all official acts of the governor
• Serving as the governor's liaison to the legislature
• Serving as an adviser to the governor on policy, fiscal and budgetary matters
• Sitting on or chairing commissions, boards, committees and cabinet agencies as delegated by the governor
• The oversight of all notaries public
• The legal authentication of documents
• Maintaining oversight and regulation of registered lobbyists
• Certifying municipal annexations
• Maintaining oversight over all elections
• Serving as the keeper of the state seal

In the context of a proposition becoming a law, the Lieutenant Governor's Office is involved in the following steps:

• If a group of individuals raises or spends money in relation to a ballot proposition, they must register a Political Issues Committee (PIC) with the Lieutenant Governor's Office and regularly disclose finances.
• The Lieutenant Governor's Office will provide a proposition number (e.g., Proposition #6) to be included on the ballot.

The role of the Legislature

The Utah Legislature plays a crucial role in the process of turning a proposition into law. Firstly, ideas for bills can come from legislators themselves, as well as constituents, government agencies, special interest groups, lobbyists, the Governor, and other sources. Legislators then submit these ideas to the Office of Legislative Research and General Counsel, a nonpartisan legislative staff office, in the form of a bill request.

Once the idea is submitted, the assigned bill drafting attorney reviews existing laws, researches the issues, and prepares the bill in the proper technical form. The bill is then introduced into the Legislature and referred to the Rules Committee. The Rules Committee, in turn, recommends to the presiding officer which standing committee the bill should be referred to.

The standing committee then reviews the bill and receives public testimony in an open meeting. Following this, the bill is returned to the full house with a committee report, and it can be amended, held, tabled, substituted, or given a favourable recommendation. The bill is then debated in an open session, where it can be further amended or substituted, and it must receive a certain number of votes to pass in the House of Representatives and the Senate.

After the bill has passed through both houses, it is signed by both presiding officers and prepared for the Governor's action. The Governor can then choose to sign the bill, veto it, or allow it to become law without their signature. Finally, the bill becomes effective, typically 60 days following the adjournment of the Legislature, unless another date is specified in the bill.

The role of the Courts

In the case of Utah Proposition 2, which legalised the medical use of marijuana for individuals with qualifying medical illnesses, two lawsuits were filed. The first was brought by The People's Right, and the second by TRUCE and the EAU. Both challenged the legislature's move to replace Proposition 2 with the Utah Medical Cannabis Act. The Utah Supreme Court unanimously rejected the legal challenge brought by The People's Right, stating that the Governor had not exceeded his authority. The second lawsuit was dropped.

Courts also play a role in the process of gathering signatures for a proposition to be placed on the ballot. If a proposition sponsor is unsure whether they meet the voting and voter registration requirements, they may contact their county clerk to obtain confirmation.

The role of the public

The public plays a crucial role in the process of turning a proposition into law in Utah. Here are the key ways in which the public is involved:

• Initiating a proposition: In Utah, citizens can propose new laws at the county, municipal, or metro township level through a process called a local initiative. This involves submitting a petition with the required number of signatures to propose a new law. The number of signatures needed depends on the number of active voters within the jurisdiction.
• Voter approval: Once a local initiative gathers enough signatures, the proposed law is then submitted to the voters for their approval or rejection during an election. This gives the public a direct say in whether a proposition should become law or not.
• Public input during committee review: After a bill is introduced in the Legislature, it goes through a committee review process, during which the public can provide testimony and input on the bill. This allows the public to shape and influence the bill before it moves further in the legislative process.
• Public debate and amendment: After the committee review, the bill is returned to the full house for debate and voting. During this open session, the bill can be amended, substituted, or held for further discussion. This provides another opportunity for the public and their representatives to shape the final version of the bill.
• Voting in elections: Ultimately, the public exercises its power through voting in elections. Voters elect their representatives, who then consider and vote on bills in the Legislature. The public's voice is crucial in holding their representatives accountable and ensuring that the laws passed reflect the will of the people.
• Referendum: In addition to proposing new laws through initiatives, the public can also seek to repeal or amend existing laws through a referendum. This process allows citizens to gather signatures and place a proposed repeal or amendment of a law on the ballot for voter approval or rejection.

The involvement of the public in the law-making process is a fundamental aspect of democracy, ensuring that the laws enacted reflect the values and needs of the people.

Frequently asked questions