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House approves initiative-procedure changes requiring fiscal-impact disclosures after debate

Utah House of Representatives · March 6, 2019
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Summary

The House passed third substitute Senate Bill 151 to require initiative applications to include fiscal impacts and funding sources, to put a fiscal-impact statement (up to 50 words) under ballot titles, and to assign the legislative fiscal analyst to prepare the analysis; the bill passed 54–16 after members raised procedural and philosophical objections.

The Utah House passed third substitute Senate Bill 151 on March 5, a bill sponsors described as increasing transparency for statewide ballot initiatives by requiring clearer fiscal disclosures.

Representative Malloy, the House sponsor, told colleagues SB151 requires initiative applications to submit not only a fiscal-impact estimate but also the funding sources for those impacts, and it directs the legislative fiscal analyst (rather than the governor’s budget office) to prepare the fiscal-impact statement. The bill also requires that a concise fiscal-impact summary (no more than 50 words) be printed beneath the initiative title on the ballot, and that copies of the fiscal statement be placed in a conspicuous location at the entrance to hearing rooms for public review. The measure allows three or more sponsors to file a petition challenging the initial fiscal-impact statement; Malloy said the challenge process is already laid out in Utah code and can proceed through the courts.

Questioning and concerns focused on the challenge process and whether the change limits the people’s voice. Representative Ward asked how a fiscal-impact statement challenge would be adjudicated; Malloy replied it follows the existing Utah code process and, if necessary, a court would resolve disputes on timing and accuracy. Representative Stratton and other members said they feared incremental changes to initiative law could raise barriers to citizen-led measures; Representative Sherpa said he would vote against the bill for that reason. Malloy said the bill’s intent is to bring transparency to fiscal impacts, not to curtail citizen initiatives. The House passed the bill 54–16.

The bill’s sponsors and detractors agreed the change is procedural and fiduciary rather than substantive on policy outcomes; the measure now returns to the Senate for the president’s signature.