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Senate passes amended initiative-reform bill after floor fight over district threshold
Summary
After a lengthy floor debate and an amendment, the Utah Senate passed First Substitute Senate Bill 28 changing initiative petition thresholds from 29 of 29 senate districts to 26 of 29, with supporters saying it prevents single-district blockage and opponents warning it could disenfranchise smaller counties.
The Utah Senate on Feb. 7 passed First Substitute Senate Bill 28, an amendment to the statewide citizen initiative process, after a prolonged floor debate and an amendment that lowered the required senate-district threshold for initiative petitions.
Senator Bill Hickman, the Senate sponsor, put the bill before the body and answered questions but deferred much of the debate to floor amendments. Senator Mark Valentine moved an amendment to change references on lines 35 and 57 from "29 of 29" senate districts to "26 of 29," arguing the change prevents a single senate district from blocking access to the ballot and reduces vulnerability under court scrutiny. "By moving . . . to at least 26 of the 29, it makes it so that you can't have that aberration happen," Valentine said.
Opponents, including Senator Hatch and Senator Demetrij, said lowering the threshold risks reducing geographic representation for small counties. Senator Hatch said that even requiring 29 of 29 could leave large geographic areas without a meaningful voice and urged senators to oppose the change; Senator Demetrij argued 29 of 29 preserves geographic representation and complies with one-person, one-vote principles. Senator Knudson and others emphasized uncertainty created by court rulings and the difficulty of drafting a standard that courts will defend.
The Senate adopted the amendment and then considered final passage of the bill as amended. Senators questioned administrative details raised during debate, including whether public hearing venues must be provided free of charge; the sponsor said the bill specifies hearings will be held in a minimum number of areas but does not dictate venue arrangements. Opponents warned about potential costs and burdens on groups seeking to qualify initiatives.
The amended First Substitute SB 28 passed on a roll call vote, 19 ayes to 10 nays, and was referred to the House for further consideration. Senator Valentine said he would not seek to hold the bill after receiving assurance from the Senate sponsor that the amendment language would be placed in the House version for concurrence.
The bill and its amendment were the most contested items on the Senate floor that day and drew extended discussion on balancing geographic representation with practical barriers to qualifying initiatives.
