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Senate advances amended initiative-petition language in first substitute SB 28 and sends it to the House

Utah State Senate · February 10, 2003
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Summary

The Senate amended language in first substitute Senate Bill 28 to change when an initiative is treated as 'substantially similar'—tying that determination to certification by county clerks and the lieutenant governor—and transmitted the amended bill to the House for further consideration after recorded floor action.

Senators on the floor amended and approved first substitute Senate Bill 28, a measure that alters timing language used to determine whether successive citizen initiative petitions are "substantially similar." The amendment, offered by Senator Valentine during floor debate, would treat an initiative as substantially similar at the point petitioners have submitted signatures to county clerks and the lieutenant governor for certification.

The change was explained on the floor by Senator Valentine, who said the amendment designates the clerks' and lieutenant governor's certification step as the gate for determining whether a later initiative is substantially similar. "If they've gone to all that point, then that would be substantially similar if you went again the next year," Valentine said in presenting the amendment.

Senator Thomas opposed a separate, later amendment that would have restored a cure provision allowing petitioners to correct signature deficiencies after the lieutenant governor’s initial sufficiency determination. Thomas argued petitioners who fall short by small margins should have an opportunity to cure errors and return in the next election cycle; opponents, including Senator Heckman, said extending the cure window could lengthen the process and undermine the bill's intent. The Thomas amendment failed on a recorded vote.

Following debate, the Senate took recorded action on the bill as amended and ordered first substitute SB 28 to be transmitted to the House for further consideration. The floor tally recorded on the chamber floor indicated the measure will move on for consideration in the other chamber.

The Senate's action on SB 28 changes a procedural element of the initiative process and preserves the remainder of the bill as previously drafted. The House will next consider the Senate-amended version.