Some lawmakers say the state's new private school voucher law would remain in effect even if a referendum against the measure succeeds and voters reject the law.

But voucher opponents disagree, saying it would be impossible to implement a voucher program with the fragments of another bill that boosts funding for the program.

"Their arguments are not sound, and they are really just trying to discourage people from collecting signatures," said Janet Jenson, attorney for Utahns for Public Schools. "This argument is really dumb."

The latest dispute over the Parents for Choice in Education Act surfaced Thursday after the Lieutenant Governor's office was contacted by attorneys who claimed the efforts of the newly organized Utahns for Public Schools to overturn HB148, the original voucher bill, would be for naught because another bill, HB174, which amended and carries some of the language of the original bill, would remain on the books.

"Public opinion doesn't change state code. The only way is for the Legislature to change it or (another) referendum to overturn it ... but they are challenging the wrong bill," said Sen. Curt Bramble, R-Provo, Senate sponsor of HB148. "This is going to be a true battle ground between parental choice and the union mentality."

Last week Utahns for Public Schools, which includes the teachers union Utah Education Association, applied for a referendum petition that could put the final decision on vouchers in the hands of voters during the general election in 2008.

At the time, HB174 had yet to be signed into law, but it was signed this week. That bill included some of the language in the original bill and made some changes, including more money for oversight and background check requirements. It was intended to supplement the original bill, but some lawmakers say it could stand on its own.

Bramble said although HB174 does not include the $9.2 million appropriation, which would allow money to stay in schools for five years after a student leaves to attend a private school, it would still be in the surviving voucher law.

"The heart and soul of the voucher (law) is also in 174," Bramble said.

But voucher opponents and state education leaders said the amendment bill includes a few items from the original bill, but not the vital elements needed to create rules and regulations to run the program.

"It would be very difficult, if not impossible," said Carol Lear, director of school law and legislation for the State Office of Education. "(HB174) was clearly not meant to stand alone."

She said it is anyone's guess how the State Office of Education would frame the program based solely on HB174.

"I don't know what we'd do ... it couldn't be implemented," Lear said.