20A-7-602.5. Initial fiscal and legal impact statement — Preparation of statement.
(1)
Within three business days after the day on which the local clerk receives a referendum application, the local clerk shall submit a copy of the referendum application to the county, city, or town‘s budget officer.
Terms Used In Utah Code 20A-7-602.5
Budget officer: means :
(a)
for a county, the person designated as finance officer as defined in Section 17-36-3;
(b)
for a city, the person designated as budget officer in Subsection 10-6-106(4);
(c)
for a town, the town council; or
(d)
for a metro township, the person described in Subsection (2)(a) for the county in which the metro township is located. See Utah Code 20A-7-101
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Initial fiscal impact and legal statement: means a financial and legal statement prepared under Section 20A-7-502. See Utah Code 20A-7-101
Local clerk: means the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative or referendum petition is circulated. See Utah Code 20A-7-101
Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
Referendum: means a process by which a law passed by the Legislature or by a local legislative body is submitted or referred to the voters for their approval or rejection. See Utah Code 20A-7-101
Referendum application: means :
(a)
for a statewide referendum, an application described in Subsection 20A-7-302(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-302(2); or
(b)
for a local referendum, an application described in Subsection 20A-7-602(2) that includes all the information, statements, documents, and notarized signatures required under Subsection 20A-7-602(2). See Utah Code 20A-7-101
Sponsors: means the legal voters who support the initiative or referendum and who sign the initiative application or referendum application. See Utah Code 20A-7-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
(2)
(a)
The budget officer, together with legal counsel, shall prepare an unbiased, good faith initial fiscal and legal impact statement for repealing the law the referendum proposes to repeal that contains:
(i)
a dollar amount representing the total estimated fiscal impact of repealing the law;
(ii)
if repealing the law would increase or decrease taxes, a dollar amount representing the total estimated increase or decrease for each type of tax that would be impacted by the law’s repeal and a dollar amount representing the total estimated increase or decrease in taxes that would result from the law’s repeal;
(iii)
if repealing the law would result in the issuance or a change in the status of bonds, notes, or other debt instruments, a dollar amount representing the total estimated increase or decrease in public debt that would result;
(iv)
a listing of all sources of funding for the estimated costs that would be associated with the law’s repeal, showing each source of funding and the percentage of total funding that would be provided from each source;
(v)
a dollar amount representing the estimated costs or savings, if any, to state and local government entities if the law were repealed;
(vi)
the legal impacts that would result from repealing the law, including:
(A)
any significant effects on a person‘s vested property rights;
(B)
any significant effects on other laws or ordinances;
(C)
any significant legal liability the city, county, or town may incur; and
(D)
any other significant legal impact as determined by the budget officer and the legal counsel; and
(vii)
a concise explanation, not exceeding 100 words, of the information described in this Subsection (2)(a) and of the estimated fiscal impact, if any, if the law were repealed.
(b)
(i)
If repealing the law would have no fiscal impact, the local budget officer shall include a summary statement in the initial fiscal impact and legal statement in substantially the following form: “The (title of the local budget officer) estimates that repealing the law this referendum proposes to repeal would have no significant fiscal impact and would not result in either an increase or decrease in taxes or debt.”
(ii)
If repealing the law is estimated to have a fiscal impact, the local budget officer shall include a summary statement in the initial fiscal and legal impact statement describing the fiscal impact.
(iii)
If the estimated fiscal impact of repealing the law is highly variable or is otherwise difficult to reasonably express in a summary statement, the local budget officer may include in the summary statement a brief explanation that identifies those factors impacting the variability or difficulty of the estimate.
(3)
Within 20 calendar days after the day on which the local clerk submits a copy of the application under Subsection (1), the budget officer shall:
(a)
deliver a copy of the initial fiscal impact and legal statement to the local clerk’s office; and
(b)
mail a copy of the initial fiscal impact and legal statement to the first three sponsors named in the referendum application.
