20A-7-311. Temporary stay -- Effective date -- Effect of repeal by Legislature.
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Effective 5/7/2025
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:
(a)if the lieutenant governor declares the referendum petition insufficient, five calendar days after the day on which the lieutenant governor declares the referendum petition insufficient; or
(b)if the lieutenant governor declares the referendum petition sufficient, the day on which governor issues the proclamation described in Section 20A-7-310 .
(3)A law submitted to the people by referendum that is approved by the voters at an election takes effect the later of:
(a)five calendar days after the date of the official proclamation of the vote by the governor; or
(b)the effective date specified in the approved law.
(4)If, after the lieutenant governor issues a temporary stay order under Subsection (1)(a) , the lieutenant governor declares the referendum petition insufficient, the law that is the subject of the referendum petition takes effect the later of:
(a)five calendar days after the day on which the lieutenant governor declares the referendum petition insufficient; or
(b)the effective date specified in the law that is the subject of the referendum petition.
(a)The governor may not veto a law approved 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 448 , 2025 General Session