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Second Substitute H.B. 76

Representative Glenn L. Way proposes to substitute the following bill:


             1     
SPECIAL ELECTION NOTICE TO REGISTERED VOTERS

             2     
2000 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Glenn L. Way

             5      AN ACT RELATING TO BONDING; MODIFYING NOTICE REQUIREMENTS FOR BOND
             6      ELECTIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
             7      DATE.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          11-14-3, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
             11      Be it enacted by the Legislature of the state of Utah:
             12          Section 1. Section 11-14-3 is amended to read:
             13           11-14-3. Notice of election -- Publication -- Mailing.
             14          (1) (a) Notice of the election shall be published once a week during three consecutive
             15      weeks in a newspaper designated in accordance with Section 11-14-21 , the first publication to be
             16      not less than 21 nor more than 35 days before the election.
             17          (b) If no official newspaper is designated, the notices shall be published in a newspaper
             18      published in the municipality, or if no newspaper is published in the municipality, the notices shall
             19      be published in a newspaper having general circulation in the municipality.
             20          (2) When the h [ maximum amount of bonds to be issued is $1,000,000 or more, ] DEBT
             20a      SERVICE ON THE BONDS TO BE ISSUED WILL INCREASE THE PROPERTY TAX IMPOSED UPON
             20b      THE AVERAGE VALUE OF A RESIDENCE BY AN AMOUNT THAT IS GREATER THAN OR EQUAL TO
             20c      $15 PER YEAR, h the
             21      governing body shall, at least seven days but not more than 30 days before the bond election, if the
             22      bond election is not held on the date of a regular primary election, a municipal primary election,
             23      a regular general election, or a municipal general election, either mail:
             24          (a) written notice of the bond election on a minimum three inch by five inch postcard to
             25      every household containing a registered voter who is eligible to vote on the bonds; or


             26          (b) a voter information pamphlet prepared by the governing body, if one is prepared, that
             27      includes the information required by Subsection (4).
             28          [(2) Election] (3) (a) Except as provided in Subsection (3)(b), election notice given for
             29      any bond election held in this state need not be posted by any persons[, except that in cities of
             30      the].
             31          (b) (i) In third class cities or towns where [there is] no newspaper is published [in such city
             32      or town], the governing body may [provide] require that notice of a bond election [therein may]
             33      be given by posting in lieu of the publication [of such notice and in such event notice of the bond
             34      election shall be posted by] requirements of Subsection (1).
             35          (ii) When the governing body imposes a posting requirement, the city recorder, town clerk,
             36      or other officer designated by the governing body shall post notice of the bond election in at least
             37      five public places in [said] the city or town at least 21 days before the election.
             38          (4) The printed, posted, and mailed notice required by this section shall identify:
             39          (a) the date and place of the election;
             40          (b) the hours during which the polls will be open; and
             41          (c) the purpose for which the bonds are to be issued, the maximum amount of bonds to be
             42      issued, and the maximum number of years to maturity of the bonds.
             43          (5) The governing body shall pay the costs associated with the printed, posted, and mailed
             44      notice required by this section.
             45          Section 2. Effective date.
             46          If approved by two-thirds of all the members elected to each house, this act takes effect
             47      upon approval by the governor, or the day following the constitutional time limit of Utah
             48      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             49      date of veto override.


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