Section 311 – Temporary stay — Effective date — Effect of repeal by Legislature.

Effective 5/5/2021
20A-7-311. Temporary stay — Effective date — Effect of repeal by Legislature.

• (1) If, at the time during the counting period described in Section 20A-7-307, the lieutenant governor determines that, at that point in time, an adequate number of signatures are certified to comply with the signature requirements, the lieutenant governor shall:
  • (a) issue an order temporarily staying the law from going into effect; and
  • (b) continue the process of certifying signatures and removing signatures as required by this part.

• (2) The temporary stay described in Subsection (1) remains in effect, regardless of whether a future count falls below the signature threshold, until the day on which:
  • (a) if the lieutenant governor declares the petition insufficient, five days after the day on which the lieutenant governor declares the petition insufficient; or
  • (b) if the lieutenant governor declares the petition sufficient, the day on which governor issues the proclamation described in Section 20A-7-310.

• (3) A proposed law submitted to the people by referendum petition that is approved by the voters at an election takes effect the later of:
  • (a) five days after the date of the official proclamation of the vote by the governor; or
  • (b) the effective date specified in the proposed law.

• (4) If, after the lieutenant governor issues a temporary stay order under Subsection (1)(a), the lieutenant governor declares the petition insufficient, the proposed law takes effect the later of:
  • (a) five days after the day on which the lieutenant governor declares the petition insufficient; or
  • (b) the effective date specified in the proposed law.

• (5)
  • (a) The governor may not veto a law adopted by the people.
  • (b) The Legislature may amend any laws approved by the people at any legislative session after the people approve the law.

• (6) If the Legislature repeals a law challenged by referendum petition under this part, the referendum petition is void and no further action on the referendum petition is required.

Amended by Chapter 140, 2021 General Session