20A-7-212.  Effective date.

(1)  A proposed law submitted to the Legislature by initiative petition and passed by the Legislature takes effect 60 days after the last day of the session of the Legislature in which the law passed, unless:

Terms Used In Utah Code 20A-7-212

  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Initiative: means a new law proposed for adoption by the public as provided in this chapter. See Utah Code 20A-7-101
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(a)  a later effective date is included in the proposed law; or

(b)  an earlier effective date is included in the proposed law and the proposed law passes the Legislature by a two-thirds vote of the members elected to each house of the Legislature.

(2)  A proposed law submitted to the people by initiative petition that is approved by the voters at an election takes effect:

(a)  except as provided in Subsections (2)(b) through (e), on the day that is 60 days after the last day of the general session of the Legislature next following the election;

(b)  except as provided in Subsection (2)(d) or (e), if the proposed law effectuates a tax increase:

(i)  except as provided in Subsection (2)(b)(ii), January 1 of the year after the general session of the Legislature next following the election; or

(ii)  at the beginning of the applicable taxable year that begins on or after January 1 of the year after the general session of the Legislature next following the election, for a tax described in:

(A)  Title 59, Chapter 6, Mineral Production Tax Withholding;

(B)  Title 59, Chapter 7, Corporate Franchise and Income Taxes;

(C)  Title 59, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or

(D)  Title 59, Chapter 10, Individual Income Tax Act;

(c)  except as provided in Subsection (2)(d) or (e), if the proposed law effectuates a tax decrease:

(i)  except as provided in Subsection (2)(c)(ii), April 1 immediately following the election; or

(ii)  for a tax described in Subsection (2)(b)(ii)(A) through (D), at the beginning of the applicable taxable year that begins on or after January 1 immediately following the election;

(d)  except as provided in Subsection (2)(e), January 1 of the year after the general session of the Legislature next following the election, if the proposed law effectuates a change in a tax described in:

(i)  Title 59, Chapter 2, Property Tax Act;

(ii)  Title 59, Chapter 3, Tax Equivalent Property Act; or

(iii)  Title 59, Chapter 4, Privilege Tax; or

(e)  if the proposed law specifies a special effective date that is after the otherwise applicable effective date described in Subsections (2)(a) through (d), the date specified in the proposed law.

(3) 

(a)  The governor may not veto a law adopted by the people.

(b)  The Legislature may amend any initiative approved by the people at any legislative session.

Amended by Chapter 206, 2019 General Session

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