Impartial analysis of measure -- Determination of fiscal effects.

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  • (1) The director of the Office of Legislative Research and General Counsel, after the approval of the legislative general counsel as to legal sufficiency, shall:
    • (a) prepare an impartial analysis of each measure submitted to the voters by the Legislature or by initiative or referendum petition; and
    • (b) submit the impartial analysis to the lieutenant governor no later than the day that falls 90 days before the date of the election in which the measure will appear on the ballot.
  • (2) The director shall ensure that the impartial analysis:
    • (a) is not more than 1,000 words long;
    • (b) is prepared in clear and concise language that will easily be understood by the average voter;
    • (c) avoids the use of technical terms as much as possible;
    • (d) shows the effect of the measure on existing law;
    • (e) identifies any potential conflicts with the United States or Utah Constitutions raised by the measure;
    • (f) fairly describes the operation of the measure;
    • (g) identifies the measure's fiscal effects over the time period or time periods determined by the director to be most useful in understanding the estimated fiscal impact of the proposed law; and
    • (h) identifies the amount of any increase or decrease in revenue or cost to state or local government.
  • (3) The director shall analyze the measure as it is proposed to be adopted without considering any implementing legislation, unless the implementing legislation has been enacted and will become effective upon the adoption of the measure by the voters.
  • (4)
    • (a) In determining the fiscal effects of a measure, the director shall confer with the legislative fiscal analyst.
    • (b) The director shall consider any measure that requires implementing legislation in order to take effect to have no financial effect, unless implementing legislation has been enacted that will become effective upon adoption of the measure by the voters.
  • (5) If the director requests the assistance of any state department, agency, or official in preparing the director's analysis, that department, agency, or official shall assist the director.




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