Download Zipped Introduced WordPerfect SB0020S02.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
Second Substitute S.B. 20
Senator Carlene M. Walker proposes the following substitute bill:
1
MUNICIPAL GOVERNMENT AMENDMENTS
2
2008 GENERAL SESSION
3
STATE OF UTAH
4
Chief Sponsor: Carlene M. Walker
5
House Sponsor:
Aaron Tilton
6
7
LONG TITLE
8
General Description:
9
This bill modifies provisions of the Utah Municipal Code.
10
Highlighted Provisions:
11
This bill:
12
. rewrites and reorganizes provisions relating to forms of municipal government and
13
municipal administration;
14
. repeals provisions relating to forms of municipal government that have been
15
rewritten or made obsolete by the rewritten provisions;
16
. clarifies the forms of government under which a municipality may operate;
17
. clarifies provisions relating to the council-mayor, six-member council, and
18
five-member council forms of municipal government;
19
. requires municipalities to operate under a council-mayor, six-member council, or
20
five-member council form of government, except those currently operating under a
21
specified council-manager form;
22
. requires municipalities operating under the former council-manager form of
23
government to continue to operate under that form of government, subject to a
24
future potential change to another form; and
25
. makes technical and conforming changes.
26
Monies Appropriated in this Bill:
27
None
28
Other Special Clauses:
29
None
30
Utah Code Sections Affected:
31
AMENDS:
32
10-2-112, as last amended by Laws of Utah 2004, Chapter 202
33
10-2-114, as last amended by Laws of Utah 2004, Chapter 202
34
10-2-125, as last amended by Laws of Utah 2007, Chapter 212
35
10-2-303, as last amended by Laws of Utah 2004, Chapter 202
36
10-3-301, as last amended by Laws of Utah 2000, Chapter 65
37
10-3-502, as last amended by Laws of Utah 2003, Chapter 292
38
10-3-504, as last amended by Laws of Utah 2004, Chapter 202
39
10-3-507, as last amended by Laws of Utah 2004, Chapter 202
40
10-3-820, as enacted by Laws of Utah 1977, Chapter 48
41
10-3-902, as enacted by Laws of Utah 1977, Chapter 48
42
10-3-1106, as last amended by Laws of Utah 2004, Chapter 260
43
10-6-151, as last amended by Laws of Utah 2005, Chapter 71
44
10-9a-103, as last amended by Laws of Utah 2007, Chapters 188, 199, and 329
45
20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
46
20A-1-506, as last amended by Laws of Utah 2006, Chapter 16
47
20A-1-510, as last amended by Laws of Utah 2000, Chapter 3
48
20A-9-203, as last amended by Laws of Utah 2007, Chapters 83, 97, and 256
49
78-5-134, as last amended by Laws of Utah 2006, Chapter 16
50
ENACTS:
51
10-3b-101, Utah Code Annotated 1953
52
10-3b-102, Utah Code Annotated 1953
53
10-3b-103, Utah Code Annotated 1953
54
10-3b-104, Utah Code Annotated 1953
55
10-3b-105, Utah Code Annotated 1953
56
10-3b-201, Utah Code Annotated 1953
57
10-3b-202, Utah Code Annotated 1953
58
10-3b-203, Utah Code Annotated 1953
59
10-3b-204, Utah Code Annotated 1953
60
10-3b-205, Utah Code Annotated 1953
61
10-3b-301, Utah Code Annotated 1953
62
10-3b-302, Utah Code Annotated 1953
63
10-3b-303, Utah Code Annotated 1953
64
10-3b-401, Utah Code Annotated 1953
65
10-3b-402, Utah Code Annotated 1953
66
10-3b-403, Utah Code Annotated 1953
67
10-3b-501, Utah Code Annotated 1953
68
10-3b-502, Utah Code Annotated 1953
69
10-3b-503, Utah Code Annotated 1953
70
10-3b-504, Utah Code Annotated 1953
71
10-3b-505, Utah Code Annotated 1953
72
10-3b-506, Utah Code Annotated 1953
73
10-3b-507, Utah Code Annotated 1953
74
REPEALS:
75
10-3-101, as last amended by Laws of Utah 2004, Chapter 202
76
10-3-102, as enacted by Laws of Utah 1977, Chapter 48
77
10-3-106, as last amended by Laws of Utah 2004, Chapters 90 and 202
78
10-3-206, as last amended by Laws of Utah 2004, Chapter 202
79
10-3-207, as enacted by Laws of Utah 1977, Chapter 48
80
10-3-403, as enacted by Laws of Utah 1977, Chapter 48
81
10-3-404, as enacted by Laws of Utah 1977, Chapter 48
82
10-3-501, as last amended by Laws of Utah 1979, Chapter 30
83
10-3-503, as last amended by Laws of Utah 1987, Chapter 92
84
10-3-802, as last amended by Laws of Utah 1987, Chapter 92
85
10-3-804, as last amended by Laws of Utah 1977, Chapter 39
86
10-3-806, as last amended by Laws of Utah 1993, Chapter 4
87
10-3-807, as last amended by Laws of Utah 1977, Chapter 39
88
10-3-808, as last amended by Laws of Utah 2003, Chapter 292
89
10-3-809, as last amended by Laws of Utah 2003, Chapter 292
90
10-3-810, as last amended by Laws of Utah 2003, Chapter 292
91
10-3-811, as last amended by Laws of Utah 2003, Chapter 292
92
10-3-812, as last amended by Laws of Utah 2003, Chapter 292
93
10-3-813, as enacted by Laws of Utah 1977, Chapter 48
94
10-3-814, as enacted by Laws of Utah 1977, Chapter 48
95
10-3-815, as enacted by Laws of Utah 1977, Chapter 48
96
10-3-816, as enacted by Laws of Utah 1977, Chapter 48
97
10-3-817, as enacted by Laws of Utah 1977, Chapter 48
98
10-3-830, as last amended by Laws of Utah 2007, Chapter 266
99
10-3-901, as enacted by Laws of Utah 1977, Chapter 48
100
10-3-1201, as enacted by Laws of Utah 1977, Chapter 48
101
10-3-1202, as enacted by Laws of Utah 1977, Chapter 48
102
10-3-1203, as last amended by Laws of Utah 2004, Chapters 202 and 371
103
10-3-1204, as enacted by Laws of Utah 1977, Chapter 48
104
10-3-1205, as enacted by Laws of Utah 1977, Chapter 48
105
10-3-1206, as last amended by Laws of Utah 1985, Chapter 222
106
10-3-1207, as enacted by Laws of Utah 1977, Chapter 48
107
10-3-1208, as last amended by Laws of Utah 2004, Chapter 202
108
10-3-1210, as enacted by Laws of Utah 1977, Chapter 48
109
10-3-1211, as enacted by Laws of Utah 1977, Chapter 48
110
10-3-1212, as last amended by Laws of Utah 2006, Chapter 14
111
10-3-1213, as enacted by Laws of Utah 1977, Chapter 48
112
10-3-1214, as enacted by Laws of Utah 1977, Chapter 48
113
10-3-1215, as enacted by Laws of Utah 1977, Chapter 48
114
10-3-1216, as last amended by Laws of Utah 1991, Chapter 54
115
10-3-1217, as last amended by Laws of Utah 1981, Chapter 47
116
10-3-1218, as repealed and reenacted by Laws of Utah 1993, Chapter 1
117
10-3-1219, as last amended by Laws of Utah 2004, Chapter 156
118
10-3-1219.5, as enacted by Laws of Utah 1979, Chapter 39
119
10-3-1220, as enacted by Laws of Utah 1977, Chapter 48
120
10-3-1221, as enacted by Laws of Utah 1977, Chapter 48
121
10-3-1222, as last amended by Laws of Utah 1993, Chapter 231
122
10-3-1223, as enacted by Laws of Utah 1977, Chapter 48
123
10-3-1224, as enacted by Laws of Utah 1977, Chapter 48
124
10-3-1225, as enacted by Laws of Utah 1977, Chapter 48
125
10-3-1226, as enacted by Laws of Utah 1977, Chapter 48
126
10-3-1227, as enacted by Laws of Utah 1977, Chapter 48
127
10-3-1228, as enacted by Laws of Utah 1977, Chapter 48
128
129
Be it enacted by the Legislature of the state of Utah:
130
Section 1.
Section
10-2-112
is amended to read:
131
10-2-112. Ballot used at the incorporation election.
132
(1) The ballot at the incorporation election under Subsection
10-2-111
(1) shall pose the
133
incorporation question substantially as follows:
134
Shall the area described as (insert a description of the proposed city) be incorporated as
135
the city of (insert the proposed name of the proposed city)?
136
(2) The ballot shall provide a space for the voter to answer yes or no to the question in
137
Subsection (1).
138
(3) (a) The ballot at the incorporation election shall also pose the question relating to
139
the form of government substantially as follows:
140
If the above incorporation proposal passes, under what form of municipal government
141
shall (insert the name of the proposed city) operate? Vote for one:
142
Five-member [City] Council form
143
Six-member [City] Council form
144
[Council-Mayor] Five-member council-mayor form
145
[Council-Manager form] Seven-member council-mayor form.
146
(b) The ballot shall provide a space for the voter to vote for one form of government.
147
(4) (a) The ballot at the incorporation election shall also pose the question of whether
148
to elect city council members by district substantially as follows:
149
If the above incorporation proposal passes, shall members of the city council of (insert
150
the name of the proposed city) be elected by district?
151
(b) The ballot shall provide a space for the voter to answer yes or no to the question in
152
Subsection (4)(a).
153
Section 2.
Section
10-2-114
is amended to read:
154
10-2-114. Determination of number of council members -- Determination of
155
election districts -- Hearings and notice.
156
(1) If the incorporation proposal passes, the petition sponsors shall, within 25 days of
157
the canvass of the election under Section
10-2-111
:
158
(a) if the voters at the incorporation election choose [either] the council-mayor [or the
159
council-manager] form of government, determine the number of council members that will
160
constitute the council of the future city;
161
(b) if the voters at the incorporation election vote to elect council members by district,
162
determine the number of council members to be elected by district and draw the boundaries of
163
those districts, which shall be substantially equal in population;
164
(c) determine the initial terms of the mayor and members of the city council so that:
165
(i) the mayor and approximately half the members of the city council are elected to
166
serve an initial term, of no less than one year, that allows their successors to serve a full
167
four-year term that coincides with the schedule established in Subsection
10-3-205
(1); and
168
(ii) the remaining members of the city council are elected to serve an initial term, of no
169
less than one year, that allows their successors to serve a full four-year term that coincides with
170
the schedule established in Subsection
10-3-205
(2); and
171
(d) submit in writing to the county legislative body the results of the sponsors'
172
determinations under Subsections (1)(a), (b), and (c).
173
(2) (a) Before making a determination under Subsection (1)(a), (b), or (c), the petition
174
sponsors shall hold a public hearing within the future city on the applicable issues under
175
Subsections (1)(a), (b), and (c).
176
(b) (i) The petition sponsors shall publish notice of the public hearing under Subsection
177
(2)(a) in a newspaper of general circulation within the future city at least once a week for two
178
successive weeks before the hearing.
179
(ii) The last publication of notice under Subsection (2)(b)(i) shall be at least three days
180
before the public hearing under Subsection (2)(a).
181
(c) (i) If there is no newspaper of general circulation within the future city, the petition
182
sponsors shall post at least one notice of the hearing per 1,000 population in conspicuous
183
places within the future city that are most likely to give notice of the hearing to the residents of
184
the future city.
185
(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least seven
186
days before the hearing under Subsection (2)(a).
187
Section 3.
Section
10-2-125
is amended to read:
188
10-2-125. Incorporation of a town.
189
(1) As used in this section:
190
(a) "Base petition" means a petition under this section proposing the incorporation of a
191
town and signed by the owners of private real property that:
192
(i) is located within the area proposed to be incorporated;
193
(ii) covers at least a majority of the total private land area within the area proposed to
194
be incorporated; and
195
(iii) is equal in value to at least 1/3 but not more than 1/2 of the value of all private real
196
property within the area proposed to be incorporated.
197
(b) "Qualifying petition" means a petition under this section proposing the
198
incorporation of a town and signed by the owners of private real property that:
199
(i) is located within the area proposed to be incorporated;
200
(ii) covers at least a majority of the total private land area within the area proposed to
201
be incorporated; and
202
(iii) is equal in value to more than 1/2 of the value of all private real property within
203
the area proposed to be incorporated.
204
(2) (a) A contiguous area of a county not within a municipality, with a population of at
205
least 100 but less than 1,000, may incorporate as a town as provided in this section.
206
(b) (i) The population figure under Subsection (2)(a) shall be derived from the most
207
recent official census or census estimate of the United States Bureau of the Census.
208
(ii) If the population figure is not available from the United States Bureau of the
209
Census, the population figure shall be derived from the estimate from the Utah Population
210
Estimates Committee.
211
(3) (a) The process to incorporate an area as a town is initiated by filing a petition with
212
the clerk of the county in which the area is located.
213
(b) Each petition under Subsection (3)(a) shall:
214
(i) be signed by the owners of private real property that:
215
(A) is located within the area proposed to be incorporated;
216
(B) covers a majority of the total private land area within the area; and
217
(C) is equal in value to at least 1/3 of the value of all private real property within the
218
area;
219
(ii) state the legal description of the boundaries of the area proposed to be incorporated
220
as a town;
221
(iii) designate up to five signers of the petition as sponsors, one of whom shall be
222
designated as the contact sponsor, with the mailing address of each owner signing as a sponsor;
223
(iv) be accompanied by and circulated with an accurate map or plat, prepared by a
224
licensed surveyor, showing the boundaries of the proposed town; and
225
(v) substantially comply with and be circulated in the following form:
226
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
227
town)
228
To the Honorable County Legislative Body of (insert the name of the county in which
229
the proposed town is located) County, Utah:
230
We, the undersigned owners of real property within the area described in this petition,
231
respectfully petition the county legislative body for the area described in this petition to be
232
incorporated as a town. Each of the undersigned affirms that each has personally signed this
233
petition and is an owner of real property within the described area, and that the current
234
residence address of each is correctly written after the signer's name. The area proposed to be
235
incorporated as a town is described as follows: (insert an accurate description of the area
236
proposed to be incorporated).
237
(c) A petition under this section may not describe an area that includes some or all of
238
an area proposed for annexation in an annexation petition under Section
10-2-403
that:
239
(i) was filed before the filing of the petition; and
240
(ii) is still pending on the date the petition is filed.
241
(4) Section
10-2-104
applies to a petition for incorporation as a town in any county,
242
except that the notice under Subsection
10-2-104
(1) shall be sent within seven calendar days
243
after the filing of a petition under Subsection (3).
244
(5) (a) (i) The legislative body of each county with which a base petition is filed under
245
this section shall commission and pay for a feasibility study as provided in Section
10-2-103
.
246
(ii) If the results of the feasibility study under Subsection (5)(a)(i) meet the
247
requirements of Subsection
10-2-109
(3), the county legislative body shall grant the petition.
248
(iii) If the results of the feasibility study under Subsection (5)(a)(i) do not meet the
249
requirements of Subsection
10-2-109
(3), the county legislative body may:
250
(A) deny the petition;
251
(B) grant the petition; or
252
(C) with the consent of the petition sponsors, grant the petition, after:
253
(I) imposing conditions to mitigate the fiscal inequities identified in the feasibility
254
study; or
255
(II) altering the boundaries of the area proposed to be incorporated as a town to
256
approximate the boundaries necessary to meet the requirements of Subsection
10-2-109
(3).
257
(iv) Each town that incorporates pursuant to a petition granted after the county
258
legislative body imposes conditions under Subsection (5)(a)(iii)(C)(I) shall comply with those
259
conditions.
260
(b) The legislative body of each county of the second, third, fourth, fifth, or sixth class
261
with which a qualifying petition is filed shall grant the petition.
262
(6) (a) Upon the granting of a petition filed under this section, the legislative body of
263
the county in which the proposed town is located shall appoint a mayor and members of the
264
town council from a list of qualified individuals approved by the petition sponsors.
265
(b) The officers appointed under Subsection (6)(a) shall hold office until the next
266
regular municipal election and until their successors are elected and qualified.
267
(7) Each newly incorporated town shall operate under the [six-member] five-member
268
council form of government as [described] defined in Section [
10-3-101
]
10-3b-102
.
269
(8) (a) Each mayor appointed under Subsection (6) shall, within seven days of
270
appointment, file articles of incorporation of the new town with the lieutenant governor.
271
(b) The articles of incorporation shall meet the requirements of Subsection
272
10-2-119
(2).
273
(9) A town is incorporated upon the lieutenant governor's issuance of a certificate of
274
entity creation under Section
67-1a-6.5
.
275
(10) The legislative body of the new town shall comply with the notice requirements of
276
Section
10-1-116
.
277
Section 4.
Section
10-2-303
is amended to read:
278
10-2-303. Effect of change in class.
279
(1) [(a)] If a municipality changes from one class to another:
280
[(i)] (a) all property, property rights, and other rights that belonged to or were vested in
281
the municipality at the time of the change shall belong to and be vested in it after the change;
282
[(ii)] (b) no contract, claim, or right of the municipality or demand or liability against it
283
shall be altered or affected in any way by the change;
284
[(iii)] (c) each ordinance, order, and resolution in force in the municipality when it
285
changes classes shall, to the extent that it is not inconsistent with law, not be affected by the
286
change and shall remain in effect until repealed or amended;
287
[(iv)] (d) the change shall not affect the identity of the municipality;
288
[(v)] (e) each municipal officer in office at the time of the change shall continue as an
289
officer until that officer's term expires and a successor is duly elected and qualified; and
290
[(vi) except as provided in Subsection (1)(b),]
291
(f) the municipality maintains after the change in class the same form of government
292
that it had immediately before the change.
293
[(b) (i) If a town operating under a five-member council form of government changes
294
classes to a fifth class city, its form of government shall, upon issuance of the lieutenant
295
governor's certificate under Section
10-2-302
, change to a six-member council form.]
296
[(ii) As soon as practicable after the change in form of government under Subsection
297
(1)(b)(i), the governing body shall appoint a sixth council member to serve until a successor is
298
elected at the next municipal general election at which the mayor is not subject to election.]
299
(2) (a) A change in class does not affect an action at law, prosecution, business, or
300
work of the municipality changing classes, and proceedings shall continue and may be
301
conducted and proceed as if no change in class had occurred.
302
(b) Notwithstanding Subsection (2)(a), if the law applicable to a municipality under the
303
new class provides the municipality a different remedy with respect to a right that it possessed
304
at the time of the change, the remedy shall be cumulative to the remedy applicable before the
305
change in class.
306
Section 5.
Section
10-3-301
is amended to read:
307
10-3-301. Eligibility and residency requirements for elected municipal office.
308
(1) [(a)] A person filing a declaration of candidacy for a municipal office shall[: (i)
309
have been a resident of the municipality in which the person seeks office for at least 365
310
consecutive days immediately before the date of the election; and (ii)] meet the [other]
311
requirements of Section
20A-9-203
.
312
[(b) A person living in an area annexed to a municipality meets the residency
313
requirement of this subsection if that person resided within the area annexed to the
314
municipality for at least 365 consecutive days before the date of the election.]
315
[(c) For purposes of determining whether a person meets the residency requirement of
316
Subsection (1)(a)(i) in a municipality that was incorporated less than 365 days before the
317
election, the municipality shall be considered to have been incorporated 365 days before the
318
election.]
319
(2) Any person elected to municipal office shall be a registered voter in the
320
municipality in which the person was elected.
321
(3) (a) Each elected officer of a municipality shall maintain residency within the
322
boundaries of the municipality during the officer's term of office.
323
(b) If an elected officer of a municipality establishes a principal place of residence as
324
provided in Section
20A-2-105
outside the municipality during the officer's term of office, the
325
office is automatically vacant.
326
(4) If an elected municipal officer is absent from the municipality any time during the
327
officer's term of office for a continuous period of more than 60 days without the consent of the
328
municipal legislative body, the municipal office is automatically vacant.
329
(5) (a) A mayor of a municipality may not also serve as the municipal recorder or
330
treasurer.
331
(b) The recorder of a municipality may not also serve as the municipal treasurer.
332
Section 6.
Section
10-3-502
is amended to read:
333
10-3-502. Regular and special council meetings.
334
[In each city of the third, fourth, or fifth class and each town, the governing body shall]
335
(1) The council of each municipality shall:
336
(a) by ordinance prescribe the time and place for holding its regular meeting [which
337
shall be held], subject to Subsection (1)(b); and
338
(b) hold a regular meeting at least once each month. [If at any time the business of
339
such city or town requires a special meeting of the governing body, such meeting may be
340
ordered by the mayor or any two members of the governing body. The order shall]
341
(2) (a) The mayor of a municipality or two council members may order the convening
342
of a special meeting of the council.
343
(b) Each order convening a special meeting of the council shall:
344
(i) be entered in the minutes of the [governing body. The order shall] council; and
345
(ii) provide at least three hours' notice of the special meeting [and notice thereof shall
346
be served by the].
347
(c) The municipal recorder or clerk shall serve notice of the special meeting on each
348
council member who did not sign the order by delivering the notice personally or by leaving it
349
at the member's usual place of abode.
350
(d) The personal appearance by a council member at [any specially called] a special
351
meeting of the council constitutes a waiver of the notice required [in this section] under
352
Subsection (2)(c).
353
Section 7.
Section
10-3-504
is amended to read:
354
10-3-504. Quorum defined.
355
[(1)] The number of council members [of the governing body] necessary to constitute a
356
quorum is:
357
[(a) in a municipality operating under a five-member or six-member city council form
358
of government or a five-member council-manager form of government, three or more; or]
359
[(b) in a seven-member council-manager form of government, four or more.]
360
[(2) The number of members of the legislative body of a municipality operating under
361
a council-mayor form of government necessary to constitute a quorum is:]
362
[(a) for a five-member council-mayor form, three; and]
363
[(b) for a seven-member council-mayor form, four.]
364
(1) in a municipality with a seven-member council, four;
365
(2) in a municipality with a five-member council, three; and
366
(3) in a municipality operating under a six-member council form of government, three,
367
excluding the mayor.
368
Section 8.
Section
10-3-507
is amended to read:
369
10-3-507. Minimum vote required.
370
(1) [(a)] The minimum number of yes votes required to pass any ordinance or
371
resolution, or to take any action by the [governing body] council, unless otherwise prescribed
372
by law, [shall be] is a majority of [the] all voting members of the [quorum, but may never be
373
less than:] council, without considering any vacancy in the council.
374
[(i) for a municipality operating under a five-member or six-member council form of
375
government or a five-member council-manager form of government, three; or]
376
[(ii) for a municipality operating under a seven-member council-manager form of
377
government, four.]
378
[(b) The minimum number of yes votes requires to pass an ordinance or resolution or
379
to take an action by the legislative body of a municipality operating under a council-mayor
380
form of government, unless otherwise prescribed by law, shall be a majority of the members of
381
the quorum, but may never be less than:]
382
[(i) for a five-member council-mayor form, three; and]
383
[(ii) for a seven-member council-mayor form, four.]
384
(2) (a) Any ordinance, resolution, or motion of the [governing body] council having
385
fewer favorable votes than required in this section [shall be considered] is defeated and
386
invalid[, except].
387
(b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a
388
specific time by a majority vote of the [governing body] council even though [such] the
389
majority vote is less than that required in this section.
390
(3) A majority of the council members [of the governing body], regardless of number,
391
may fill any vacancy in the [governing body] council.
392
Section 9.
Section
10-3-820
is amended to read:
393
10-3-820. Cities of the first and second class.
394
In cities of the first and second class, the mayor and each [commissioner] council
395
member shall give a penal bond, with approved corporate surety, in the amount of not less than
396
$10,000 and the auditor shall give a penal bond with approved corporate surety in the sum of
397
not less than $20,000 conditioned for the faithful performance of the duties of their offices and
398
payment of all monies received by them according to law and the ordinances of the city.
399
Section 10.
Section
10-3-902
is amended to read:
400
10-3-902. City engineer required to be licensed.
401
[In cities of the first and second class the board of commissioners shall appoint a
402
qualified person to each of the offices of recorder, treasurer, engineer and attorney, and may
403
create any other office that may be deemed necessary for the government of the city, and
404
regulate and prescribe the powers, duties and compensation of all officers of the city, except as
405
otherwise provided by law. The]
406
Each person [so] appointed as city engineer shall be a registered professional engineer
407
under Title 58, Chapter 22[. The board of commissioners may appoint all officers and agents as
408
may be provided for by law or ordinances, and fill all vacancies occurring therein],
409
Professional Engineers and Professional Land Surveyors Licensing Act.
410
Section 11.
Section
10-3-1106
is amended to read:
411
10-3-1106. Discharge, suspension without pay, or involuntary transfer -- Appeals
412
-- Board -- Procedure.
413
(1) An employee to which Section
10-3-1105
applies may not be discharged, suspended
414
without pay, or involuntarily transferred to a position with less remuneration:
415
(a) because of the employee's politics or religious belief; or
416
(b) incident to, or through changes, either in the elective officers, governing body, or
417
heads of departments.
418
(2) (a) If an employee is discharged, suspended for more than two days without pay, or
419
involuntarily transferred from one position to another with less remuneration for any reason,
420
the employee may, subject to Subsection (2)(b), appeal the discharge, suspension without pay,
421
or involuntary transfer to a board to be known as the appeal board, established under
422
Subsection (7).
423
(b) If the municipality provides an internal grievance procedure, the employee shall
424
exhaust the employee's rights under that grievance procedure before appealing to the board.
425
(3) (a) Each appeal under Subsection (2) shall be taken by filing written notice of the
426
appeal with the municipal recorder within ten days after:
427
(i) if the municipality provides an internal grievance procedure, the employee receives
428
notice of the final disposition of the municipality's internal grievance procedure; or
429
(ii) if the municipality does not provide an internal grievance procedure, the discharge,
430
suspension, or involuntary transfer.
431
(b) (i) Upon the filing of an appeal under Subsection (3)(a), the municipal recorder
432
shall forthwith refer a copy of the appeal to the appeal board.
433
(ii) Upon receipt of the referral from the municipal recorder, the appeal board shall
434
forthwith commence its investigation, take and receive evidence, and fully hear and determine
435
the matter which relates to the cause for the discharge, suspension, or transfer.
436
(4) An employee who is the subject of the discharge, suspension, or transfer may:
437
(a) appear in person and be represented by counsel;
438
(b) have a public hearing;
439
(c) confront the witness whose testimony is to be considered; and
440
(d) examine the evidence to be considered by the appeal board.
441
(5) (a) (i) Each decision of the appeal board shall be by secret ballot, and shall be
442
certified to the recorder within 15 days from the date the matter is referred to it, except as
443
provided in Subsection (5)(a)(ii).
444
(ii) For good cause, the board may extend the 15-day period under Subsection (5)(a)(i)
445
to a maximum of 60 days, if the employee and municipality both consent.
446
(b) If it finds in favor of the employee, the board shall provide that the employee shall
447
receive:
448
(i) the employee's salary for the period of time during which the employee is
449
discharged or suspended without pay; or
450
(ii) any deficiency in salary for the period during which the employee was transferred
451
to a position of less remuneration.
452
(6) (a) A final action or order of the appeal board may be appealed to the Court of
453
Appeals by filing with that court a notice of appeal.
454
(b) Each notice of appeal under Subsection (6)(a) shall be filed within 30 days after the
455
issuance of the final action or order of the appeal board.
456
(c) The Court of Appeals' review shall be on the record of the appeal board and for the
457
purpose of determining if the appeal board abused its discretion or exceeded its authority.
458
(7) (a) The method and manner of choosing the members of the appeal board, the
459
number of members, the designation of their terms of office, and the procedure for conducting
460
an appeal and the standard of review shall be prescribed by the governing body of each
461
municipality by ordinance.
462
(b) For a municipality operating under a form of government other than a
463
council-mayor form under [Part 12, Optional Forms of Municipal Government Act] Subsection
464
10-36-103
(3), an ordinance adopted under Subsection (7)(a) may provide that the governing
465
body of the municipality shall serve as the appeal board.
466
Section 12.
Section
10-3b-101
is enacted to read:
467
CHAPTER 3a. (RESERVED)
468
CHAPTER 3b. FORMS OF MUNICIPAL GOVERNMENT
469
Part 1. General Provisions
470
10-3b-101. Title.
471
This chapter is known as "Forms of Municipal Government."
472
Section 13.
Section
10-3b-102
is enacted to read:
473
10-3b-102. Definitions.
474
As used in this chapter:
475
(1) "Council-mayor form of government" means the form of municipal government
476
that:
477
(a) (i) is provided for in Laws of Utah 1977, Chapter 48;
478
(ii) may not be adopted without voter approval; and
479
(iii) consists of two separate, independent, and equal branches of municipal
480
government; and
481
(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal
482
Government.
483
(2) "Five-member council form of government" means the form of municipal
484
government described in Part 4, Five-Member Council Form of Municipal Government.
485
(3) "Six-member council form of government" means the form of municipal
486
government described in Part 3, Six-Member Council Form of Municipal Government.
487
Section 14.
Section
10-3b-103
is enacted to read:
488
10-3b-103. Forms of municipal government -- Form of government for towns --
489
Former council-manager form.
490
(1) A municipality operating on May 4, 2008 under the council-mayor form of
491
government:
492
(a) shall, on and after May 5, 2008:
493
(i) operate under a council-mayor form of government, as defined in Section
494
10-3b-102
,
495
(ii) be subject to:
496
(A) this part;
497
(B) Part 2, Council-Mayor Form of Municipal Government;
498
(C) Part 5, Changing to Another Form of Municipal Government; and
499
(D) except as provided in Subsection (1)(b), other applicable provisions of this title;
500
and
501
(b) is not subject to:
502
(i) Part 3, Six-Member Council Form of Municipal Government; or
503
(ii) Part 4, Five-Member Council Form of Municipal Government.
504
(2) A municipality operating on May 4, 2008 under a form of government known under
505
the law then in effect as the six-member council form:
506
(a) shall, on and after May 5, 2008 and whether or not the council has adopted an
507
ordinance appointing a manager for the municipality:
508
(i) operate under a six-member council form of government, as defined in Section
509
10-3b-102
;
510
(ii) be subject to:
511
(A) this part;
512
(B) Part 3, Six-Member Form of Municipal Government;
513
(C) Part 5, Changing to Another Form of Municipal Government; and
514
(D) except as provided in Subsection (2)(b), other applicable provisions of this title;
515
and
516
(b) is not subject to:
517
(i) Part 2, Council-Mayor Form of Municipal Government; or
518
(ii) Part 4, Five-Member Council Form of Municipal Government.
519
(3) A municipality operating on May 4, 2008 under a form of government known under
520
the law then in effect as the five-member council form:
521
(a) shall, on and after May 5, 2008:
522
(i) operate under a five-member council form of government, as defined in Section
523
10-3b-102
;
524
(ii) be subject to:
525
(A) this part;
526
(B) Part 3, Five-Member Council Form of Municipal Government;
527
(C) Part 5, Changing to Another Form of Municipal Government; and
528
(D) except as provided in Subsection (3)(b), other applicable provisions of this title;
529
and
530
(b) is not subject to:
531
(i) Part 2, Council-Mayor Form of Municipal Government; or
532
(ii) Part 3, Six-Member Council Form of Municipal Government.
533
(4) Subject to Subsection (5), each municipality incorporated on or after the effective
534
date of this section shall operate under:
535
(a) the council-mayor form of government, with a five-member council;
536
(b) the council-mayor form of government, with a seven-member council;
537
(c) the six-member council form of government; or
538
(d) the five-member council form of government.
539
(5) Each town shall operate under a five-member council form of government unless:
540
(a) before May 5, 2008, the town has changed to another form of municipal
541
government; or
542
(b) on or after May 5, 2008, the town changes its form of government as provided in
543
Part 5, Changing to Another Form of Municipal Government.
544
(6) (a) As used in this Subsection (6), "council-manager form of government" means
545
the form of municipal government:
546
(i) provided for in Laws of Utah 1977, Chapter 48;
547
(ii) that cannot be adopted without voter approval; and
548
(iii) that provides for an appointed manager with duties and responsibilities established
549
in Laws of Utah 1977, Chapter 48.
550
(b) A municipality operating on May 4, 2008 under the council-manager form of
551
government:
552
(i) shall:
553
(A) continue to operate, on and after May 5, 2008, under the council-manager form of
554
government according to the applicable provisions of Laws of Utah 1977, Chapter 48; and
555
(B) be subject to:
556
(I) this Subsection (6) and other applicable provisions of this part;
557
(II) Part 5, Changing to Another Form of Municipal Government; and
558
(III) except as provided in Subsection (6)(b)(ii), other applicable provisions of this
559
title; and
560
(ii) is not subject to:
561
(A) Part 2, Council-Mayor Form of Municipal Government;
562
(B) Part 3, Six-Member Council form of Municipal Government; or
563
(C) Part 4, Five-Member Council Form of Municipal Government.
564
(7) Nothing in this section may be construed to prevent or limit a municipality
565
operating under any form of municipal government from changing to another form of
566
government as provided in Part 5, Changing to Another Form of Municipal Government.
567
Section 15.
Section
10-3b-104
is enacted to read:
568
10-3b-104. Powers and duties of mayor.
569
(1) Except as provided in Subsection (2), the mayor in a municipality operating under a
570
six-member council form of government or a five-member council form of government:
571
(a) is the chief executive officer of the municipality to whom all employees of the
572
municipality report;
573
(b) shall:
574
(i) keep the peace and enforce the laws of the municipality;
575
(ii) ensure that all applicable statutes and municipal ordinances and resolutions are
576
faithfully executed and observed;
577
(iii) if the mayor remits a fine or forfeiture under Subsection (1)(c)(ii), report the
578
remittance to the council at the council's next meeting after the remittance;
579
(iv) perform all duties prescribed by statute or municipal ordinance or resolution;
580
(v) report to the council the condition and needs of the municipality; and
581
(vi) report to the council any release granted under Subsection (1)(c)(iv); and
582
(c) may:
583
(i) recommend for council consideration any measure that the mayor considers to be in
584
the best interests of the municipality;
585
(ii) remit fines and forfeitures;
586
(iii) if necessary, call on residents of the municipality over the age of 21 years to assist
587
in enforcing the laws of the state and ordinances of the municipality;
588
(iv) release a person imprisoned for a violation of a municipal ordinance;
589
(v) with the council's advice and consent, assign or appoint a member of the council to
590
administer one or more departments of the municipality; and
591
(vi) at any reasonable time, examine and inspect the official books, papers, records, or
592
documents of:
593
(A) the municipality; or
594
(B) any officer, employee, or agency of the municipality.
595
(2) The powers and duties in Subsection (1) are subject to:
596
(a) municipal ordinances in effect on May 4, 2008 modifying the powers and duties of
597
the mayor; and
598
(b) the council's authority to limit or expand the mayor's powers and duties under:
599
(i) Subsection
10-3b-303
(2)(a), for a municipality operating under the six-member
600
form of government; and
601
(ii) Subsection
10-3b-403
(2)(a), for a municipality operating under the five-member
602
form of government.
603
Section 16.
Section
10-3b-105
is enacted to read:
604
10-3b-105. Municipal council.
605
In a municipality operating under a six-member council form of government or a
606
five-member council form of government, the council:
607
(1) is the legislative body of the municipality and exercises the legislative powers and
608
performs the legislative duties and functions of the municipality; and
609
(2) may:
610
(a) adopt rules and regulations, not inconsistent with statute, for the efficient
611
administration, organization, operation, conduct, and business of the municipality;
612
(b) prescribe by resolution additional duties, powers, and responsibilities for any
613
elected or appointed municipal official, unless prohibited by statute;
614
(c) require by ordinance that any or all appointed officers reside in the municipality;
615
(d) create any office that the council considers necessary for the government of the
616
municipality;
617
(e) provide for filling a vacancy in an elective or appointive office;
618
(f) take any action allowed under Section
10-8-84
; and
619
(g) perform any function specifically provided for by statute or necessarily implied by
620
law.
621
Section 17.
Section
10-3b-201
is enacted to read:
622
Part 2. Council-Mayor Form of Municipal Government
623
10-3b-201. Separate branches of government under a council-mayor form of
624
government.
625
The powers of municipal government in a municipality operating under the
626
council-mayor form of government are vested in two separate, independent, and equal branches
627
of municipal government consisting of:
628
(1) a council composed of five or seven members; and
629
(2) a mayor and, under the mayor's supervision, any executive or administrative
630
departments, divisions, and offices and any executive or administrative officers provided for by
631
statute or municipal ordinance.
632
Section 18.
Section
10-3b-202
is enacted to read:
633
10-3b-202. Mayor in council-mayor form of government.
634
(1) The mayor in a municipality operating under the council-mayor form of
635
government:
636
(a) is the chief executive and administrative officer of the municipality;
637
(b) exercises the executive and administrative powers and performs or supervises the
638
performance of the executive and administrative duties and functions of the municipality;
639
(c) shall:
640
(i) keep the peace and enforce the laws of the municipality;
641
(ii) execute the policies adopted by the council;
642
(iii) appoint, with the council's advice and consent, a qualified person for each of the
643
following positions:
644
(A) subject to Subsection (3), chief administrative officer, if required under the
645
resolution or petition under Subsection
10-3b-503
(1)(a) that proposed the change to a
646
council-mayor form of government;
647
(B) recorder;
648
(C) treasurer;
649
(D) engineer; and
650
(E) attorney;
651
(iv) provide to the council, at intervals provided by ordinance, a written report to the
652
council setting forth:
653
(A) the amount of budget appropriations;
654
(B) total disbursements from the appropriations;
655
(C) the amount of indebtedness incurred or contracted against each appropriation,
656
including disbursements and indebtedness incurred and not paid; and
657
(D) the percentage of the appropriations encumbered;
658
(v) report to the council the condition and needs of the municipality;
659
(vi) report to the council any release granted under Subsection (1)(d)(xiii);
660
(vii) if the mayor remits a fine or forfeiture under Subsection (1)(d)(xi), report the
661
remittance to the council at the council's next meeting after the remittance;
662
(viii) perform each other duty:
663
(A) prescribed by statute; or
664
(B) required by a municipal ordinance that is not inconsistent with statute;
665
(d) may:
666
(i) subject to budget constraints:
667
(A) appoint:
668
(I) a chief administrative officer; and
669
(II) one or more deputies or administrative assistants to the mayor; and
670
(B) (I) create any other administrative office that the mayor considers necessary for
671
good government of the municipality; and
672
(II) appoint a person to the office;
673
(ii) with the council's advice and consent and except as otherwise specifically limited
674
by statute, appoint:
675
(A) each department head of the municipality;
676
(B) each statutory officer of the municipality; and
677
(C) each member of a statutory commission, board, or committee of the municipality;
678
(iii) dismiss any person appointed by the mayor;
679
(iv) as provided in Section
10-3b-204
, veto an ordinance, tax levy, or appropriation
680
passed by the council;
681
(v) exercise control of and supervise each executive or administrative department,
682
division, or office of the municipality;
683
(vi) within the general provisions of statute and ordinance, regulate and prescribe the
684
powers and duties of each other executive or administrative officer or employee of the
685
municipality;
686
(vii) attend each council meeting, take part in council meeting discussions, and freely
687
give advice to the council;
688
(viii) appoint a budget officer to serve in place of the mayor to comply with and fulfill
689
in all other respects the requirements of, as the case may be:
690
(A) Chapter 5, Uniform Fiscal Procedures Act for Utah Towns; or
691
(B) Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, as the case may be;
692
(ix) execute an agreement on behalf of the municipality, or delegate, by written
693
executive order, the authority to execute an agreement on behalf of the municipality:
694
(A) if the obligation under the agreement is within certified budget appropriations; and
695
(B) subject to Section
10-6-138
;
696
(x) at any reasonable time, examine and inspect the official books, papers, records, or
697
documents of:
698
(A) the municipality; or
699
(B) any officer, employee, or agent of the municipality;
700
(xi) remit fines and forfeitures;
701
(xii) if necessary, call on residents of the municipality over the age of 21 years to assist
702
in enforcing the laws of the state and ordinances of the municipality; and
703
(xiii) release a person imprisoned for a violation of a municipal ordinance; and
704
(e) may not vote on any matter before the council.
705
(2) (a) The first mayor elected under a newly established mayor-council form of
706
government shall, within six months after taking office, draft and submit to the council a
707
proposed ordinance:
708
(i) providing for the division of the municipality's administrative service into
709
departments, divisions, and bureaus; and
710
(ii) defining the functions and duties of each department, division, and bureau.
711
(b) Before the council adopts an ordinance on the municipality's administrative service,
712
the mayor may establish temporary rules and regulations to ensure efficiency and effectiveness
713
in the divisions of the municipal government.
714
(3) Each person appointed as chief administrative officer under Subsection
715
(1)(c)(iii)(A) shall be appointed on the basis of:
716
(a) the person's ability and prior experience in the field of public administration; and
717
(b) any other qualification prescribed by ordinance.
718
Section 19.
Section
10-3b-203
is enacted to read:
719
10-3b-203. Council in a council-mayor form of government.
720
(1) The council in a municipality operating under a council-mayor form of government:
721
(a) shall:
722
(i) by ordinance, provide for the manner in which:
723
(A) municipal property is bought, sold, traded, encumbered, or otherwise transferred;
724
and
725
(B) a subdivision or annexation is approved, disapproved, or otherwise regulated;
726
(ii) pass ordinances, appropriate funds, and review municipal administration;
727
(iii) perform all duties that the law imposes on the council; and
728
(iv) elect one of its members to be the chair of the council;
729
(b) may:
730
(i) adopt an ordinance, to be known as the municipal administrative code:
731
(A) dividing the municipality's administrative service into departments, divisions, and
732
bureaus; and
733
(B) defining the functions and duties of each department, division, and bureau;
734
(ii) adopt an ordinance:
735
(A) creating, consolidating, or abolishing departments, divisions, and bureaus; and
736
(B) defining or altering the functions and duties of each department, division, and
737
bureau;
738
(iii) notwithstanding Subsection (1)(c)(iii), make suggestions or recommendations to a
739
subordinate of the mayor;
740
(iv) (A) notwithstanding Subsection (1)(c), appoint a committee of council members or
741
citizens to conduct an investigation into:
742
(I) an officer, department, or agency of the municipality; or
743
(II) any other matter relating to the welfare of the municipality; and
744
(B) delegate to an appointed committee powers of inquiry that the council considers
745
necessary; and
746
(v) make and enforce any additional rule or regulation for the government of the
747
council, the preservation of order, and the transaction of the council's business that the council
748
considers necessary; and
749
(vi) take any action allowed under Section
10-8-84
; and
750
(c) may not:
751
(i) direct or request, other than in writing, the appointment of a person to or the
752
removal of a person from an executive municipal office;
753
(ii) interfere in any way with an executive officer's performance of the officer's duties;
754
or
755
(iii) publicly or privately give orders to a subordinate of the mayor.
756
(2) A member of a council in a municipality operating under the council-mayor form of
757
government may not have any other compensated employment with the municipality.
758
Section 20.
Section
10-3b-204
is enacted to read:
759
10-3b-204. Presenting council action to mayor -- Veto -- Reconsideration -- When
760
ordinance, tax levy, or appropriation takes effect.
761
(1) The council in each municipality operating under a council-mayor form of
762
municipal government shall present to the mayor each ordinance, tax levy, and appropriation
763
passed by the council.
764
(2) (a) The mayor in a municipality operating under a council-mayor form of municipal
765
government may veto an ordinance or tax levy or all or any part of an appropriation passed by
766
the council.
767
(b) If a mayor vetoes an ordinance or tax levy or all or any part of an appropriation, the
768
mayor shall return the ordinance, tax levy, or appropriation to the council within 15 days after
769
the council presents the ordinance, tax levy, or appropriation to the mayor, with a statement
770
explaining the mayor's objections.
771
(3) At its next meeting following a mayor's veto under Subsection (2), the council shall
772
reconsider the vetoed ordinance, tax levy, or appropriation.
773
(4) An ordinance, tax levy, or appropriation passed by the council takes effect upon
774
recording as provided in Chapter 3, Part 7, Municipal Ordinances, Resolutions, and Procedure,
775
if:
776
(a) the mayor signs the ordinance, tax levy, or appropriation;
777
(b) the mayor fails to sign the ordinance, tax levy, or appropriation within 15 days after
778
the council presents the ordinance, tax levy, or appropriation to the mayor; or
779
(c) following a veto, the council reconsiders the ordinance, tax levy, or appropriation
780
and passes it by a vote of at least two-thirds of all council members.
781
Section 21.
Section
10-3b-205
is enacted to read:
782
10-3b-205. Rules and regulations by municipal officers.
783
A municipal officer in a municipality operating under a council-mayor form of
784
government may prescribe rules and regulations, not inconsistent with statute, municipal
785
ordinance, or the merit plan.
786
Section 22.
Section
10-3b-301
is enacted to read:
787
Part 3. Six-Member Council Form of Municipal Government
788
10-3b-301. Municipal government powers vested in a six-member council.
789
The powers of municipal government in a municipality operating under the six-member
790
council form of government are vested in a council consisting of six members, one of which is
791
a mayor.
792
Section 23.
Section
10-3b-302
is enacted to read:
793
10-3b-302. Mayor in six-member council form of government -- Mayor pro
794
tempore.
795
(1) The mayor in a municipality operating under a six-member council form of
796
municipal government:
797
(a) is, except as provided in Subsection (1)(b), a nonvoting member of the council;
798
(b) votes as a voting member of the council:
799
(i) on each matter for which there is a tie vote of the other council members present at a
800
council meeting; or
801
(ii) when the council is voting on:
802
(A) whether to appoint or dismiss a municipal manager; or
803
(B) an ordinance that enlarges or restricts the mayor's powers, duties, or functions;
804
(c) is the chair of the council and presides at all council meetings;
805
(d) exercises ceremonial functions for the municipality;
806
(e) may not veto an ordinance, tax levy, or appropriation passed by the council;
807
(f) except as modified by ordinance under Subsection
10-3b-303
(2), has the powers
808
and duties described in Section
10-3b-104
; and
809
(g) may, within budget constraints, appoint one or more administrative assistants to the
810
mayor.
811
(2) (a) If the mayor is absent or unable or refuses to act, the council may elect a
812
member of the council as mayor pro tempore, to:
813
(i) preside at a council meeting; and
814
(ii) perform, during the mayor's absence, disability, or refusal to act, the duties and
815
functions of mayor.
816
(b) The municipal clerk or recorder shall enter in the minutes of the council meeting
817
the election of a council member as mayor pro tempore under Subsection (2)(a).
818
Section 24.
Section
10-3b-303
is enacted to read:
819
10-3b-303. Council in six-member council form of government.
820
The council in a municipality operating under a six-member council form of
821
government:
822
(1) exercises any executive or administrative power and performs or supervises the
823
performance of any executive or administrative duty or function that:
824
(a) has not been given to the mayor under Section
10-3b-104
; or
825
(b) has been given to the mayor under Section
10-3b-104
but is removed from the
826
mayor under Subsection (2)(a)(i);
827
(2) may:
828
(a) subject to Subsection
10-3b-302
(1)(b)(ii)(B), adopt an ordinance:
829
(i) removing from the mayor any power, duty, or function of the mayor under Section
830
10-3b-104
;
831
(ii) reinstating to the mayor any power, duty, or function previously removed under
832
Subsection (2)(a)(i); and
833
(iii) delegating to the mayor any executive or administrative power, duty, or function
834
that the council has under Subsection (1);
835
(b) subject to Subsection10-3b-302(1)(b)(ii)(A):
836
(i) appoint a manager to perform executive and administrative duties or functions that
837
the council by ordinance delegates to the manager, subject to Subsection (3); and
838
(ii) dismiss a manager appointed under Subsection (2)(b)(i); and
839
(c) assign any or all council members, including the mayor, to supervise one or more
840
administrative departments of the municipality; and
841
(3) may not remove from the mayor or delegate to a manager appointed by the council:
842
(a) any of the mayor's legislative or judicial powers or ceremonial functions;
843
(b) the mayor's position as chair of the council; or
844
(c) any ex officio position that the mayor holds.
845
Section 25.
Section
10-3b-401
is enacted to read:
846
Part 4. Five-Member Council Form of Municipal Government
847
10-3b-401. Municipal government powers vested in a five-member council.
848
The powers of municipal government in a municipality operating under the
849
five-member council form of municipal government are vested in a council consisting of five
850
members, one of which is a mayor.
851
Section 26.
Section
10-3b-402
is enacted to read:
852
10-3b-402. Mayor in a five-member council form of government.
853
(1) The mayor in a municipality operating under a five-member council form of
854
municipal government:
855
(a) is a regular and voting member of the council;
856
(b) is the chair of the council and presides at all council meetings;
857
(c) exercises ceremonial functions for the municipality;
858
(d) may not veto any ordinance, tax levy, or appropriation passed by the council; and
859
(e) except as modified by ordinance under Subsection
10-3b-403
(2), has the powers
860
and duties described in Section
10-3b-104
.
861
(2) (a) If the mayor is absent or unable or refuses to act, the council may elect a
862
member of the council as mayor pro tempore, to:
863
(i) preside at a council meeting; and
864
(ii) perform, during the mayor's absence, disability, or refusal to act, the duties and
865
functions of mayor.
866
(b) The municipal clerk or recorder shall enter in the minutes of the council meeting
867
the election of a council member as mayor pro tempore under Subsection (2)(a).
868
Section 27.
Section
10-3b-403
is enacted to read:
869
10-3b-403. Council in a five-member council form of government.
870
The council in a municipality operating under a five-member council form of municipal
871
government:
872
(1) exercises any executive or administrative power and performs or supervises the
873
performance of any executive or administrative duty or function that:
874
(a) has not been given to the mayor under Section
10-3b-104
; or
875
(b) has been given to the mayor under Section
10-3b-104
but is removed from the
876
mayor under Subsection (2)(a)(i);
877
(2) may:
878
(a) subject to Subsection
10-3b-403
(3), adopt an ordinance:
879
(i) removing from the mayor any power, duty, or function of the mayor under Section
880
10-3b-104
;
881
(ii) reinstating to the mayor any power, duty, or function previously removed under
882
Subsection (2)(a)(i); and
883
(iii) delegating to the mayor any executive or administrative power, duty, or function
884
that the council has under Subsection (1);
885
(b) appoint a manager to perform executive and administrative duties or functions that
886
the council by ordinance delegates to the manager, subject to Subsection (3); and
887
(c) dismiss a manager appointed under Subsection (2)(a); and
888
(d) assign any or all council members, including the mayor, to supervise one or more
889
administrative departments of the municipality; and
890
(3) may not remove from the mayor or delegate to a manager appointed by the council:
891
(a) any of the mayor's legislative or judicial powers or ceremonial functions;
892
(b) the mayor's position as chair of the council; or
893
(c) any ex officio position that the mayor holds.
894
Section 28.
Section
10-3b-501
is enacted to read:
895
Part 5. Changing to Another Form of Municipal Government
896
10-3b-501. Authority to change to another form of municipal government.
897
As provided in this part, a municipality may change from the form of government under
898
which it operates to:
899
(1) the council-mayor form of government with a five-member council;
900
(2) the council-mayor form of government with a seven-member council;
901
(3) the six-member council form of government; or
902
(4) the five-member council form of government.
903
Section 29.
Section
10-3b-502
is enacted to read:
904
10-3b-502. Voter approval required for a change in the form of government.
905
A municipality may not change its form of government under this part unless voters of
906
the municipality approve the change at an election held for that purpose.
907
Section 30.
Section
10-3b-503
is enacted to read:
908
10-3b-503. Resolution or petition proposing a change in the form of government
909
(1) The process to change the form of government under which a municipality operates
910
is initiated by:
911
(a) the council's adoption of a resolution proposing a change; or
912
(b) the filing of a petition, as provided in Title 20A, Chapter 7, Part 5, Local Initiatives
913
- Procedures, proposing a change.
914
(2) Within 45 days after the adoption of a resolution under Subsection (1)(a) or the
915
declaring a petition filed under Subsection (1)(b) as sufficient under Section
20A-7-507
, the
916
council shall hold at least two public hearings on the proposed change.
917
(3) (a) Except as provided in Subsection (3)(b), the council shall hold an election on
918
the proposed change in the form of government no less than 90 days but within 12 months
919
after, as the case may be:
920
(i) a resolution under Subsection (1)(a) is adopted; or
921
(ii) a petition filed under Subsection (1)(b) is declared sufficient under Section
922
20a-7-507
.
923
(b) Notwithstanding Subsection (3)(a), an election on a proposed change in the form of
924
government may not be held if:
925
(i) in the case of a proposed change initiated by the council's adoption of a resolution
926
under Subsection (1)(a), the council rescinds the resolution within 60 days after adopting it; or
927
(ii) in the case of a proposed change initiated by a petition under Subsection (1)(b),
928
enough signatures are withdrawn from the petition within 60 days after the petition is declared
929
sufficient under Section
20A-7-507
that the petition is no longer sufficient.
930
(4) Each resolution adopted under Subsection (1)(a) or petition filed under Subsection
931
(1)(b) shall:
932
(a) state the method of election and initial terms of council members; and
933
(b) specify the boundaries of districts substantially equal in population, if some or all
934
council members are to be elected by district.
935
(5) A resolution under Subsection (1)(a) or petition under Subsection (1)(b) proposing
936
a change to a council-mayor form of government may require that, if the change is adopted, the
937
mayor appoint, with the council's advice and consent, a chief administrative officer, to exercise
938
the administrative powers and perform the duties that the mayor prescribes.
939
Section 31.
Section
10-3b-504
is enacted to read:
940
10-3b-504. Limitations on adoption of a resolution and filing of a petition.
941
A resolution may not be adopted under Subsection
10-3b-503
(1)(a)(i) and a petition
942
may not be filed under Subsection
10-3b-503
(1)(a)(ii) within:
943
(1) two years after an election at which voters reject a proposal to change the
944
municipality's form of government, if the resolution or petition proposes changing to the same
945
form of government that voters rejected at the election; or
946
(2) four years after the effective date of a change in the form of municipal government.
947
Section 32.
Section
10-3b-505
is enacted to read:
948
10-3b-505. Ballot form.
949
The ballot at an election on a proposal to change the municipality's form of government
950
shall:
951
(1) state the ballot question substantially as follows: "Shall (state the municipality's
952
name), Utah change its form of government to the (state "council-mayor form, with a
953
five-member council," "council-mayor form, with a seven-member council," "six-member
954
council form," or "five-member council form," as applicable)?"; and
955
(2) provide a space or method for the voter to vote "yes" or "no."
956
Section 33.
Section
10-3b-506
is enacted to read:
957
10-3b-506. Election of officers after a change in the form of government.
958
(1) If voters approve a proposal to change the municipality's form of government at an
959
election held as provided in this part, an election of officers under the new form of government
960
shall be held on the municipal general election date following the election at which voters
961
approve the proposal.
962
(2) If a municipality changes its form of government under this part resulting in the
963
elimination of an elected official's position, the municipality shall continue to pay that official
964
at the same rate until the date on which the official's term would have expired, unless under the
965
new form of government the official holds municipal office for which the official is regularly
966
compensated.
967
(3) A council member whose term has not expired at the time the municipality changes
968
its form of government under this part may, at the council member's option, continue to serve
969
as a council member under the new form of government for the remainder of the member's
970
term.
971
(4) The term of the mayor and each council member is four years or until a successor is
972
qualified, except that approximately half of the initial council members, chosen by lot, shall
973
serve a term of two years or until a successor is qualified.
974
Section 34.
Section
10-3b-507
is enacted to read:
975
10-3b-507. Effective date of change in the form of government.
976
A change in the form of government under this chapter takes effect at noon on the first
977
Monday of January next following the election of officers under Section
10-3b-506
.
978
Section 35.
Section
10-6-151
is amended to read:
979
10-6-151. Independent audits required.
980
Independent audits of all cities are required, to be performed in conformity with Title
981
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
982
Other Local Entities Act. [In the case of a city organized under Title 10, Chapter 3, Part 12,
983
Optional Forms of Municipal Government Act, the council shall appoint an independent
984
auditor for the purpose of complying with the requirements of this section and of Title 51,
985
Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
986
Other Local Entities Act.]
987
Section 36.
Section
10-9a-103
is amended to read:
988
10-9a-103. Definitions.
989
As used in this chapter:
990
(1) "Affected entity" means a county, municipality, local district, special service
991
district under Title 17A, Chapter 2, Part 13, Utah Special Service District Act, school district,
992
interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
993
specified public utility, a property owner, a property owners association, or the Utah
994
Department of Transportation, if:
995
(a) the entity's services or facilities are likely to require expansion or significant
996
modification because of an intended use of land;
997
(b) the entity has filed with the municipality a copy of the entity's general or long-range
998
plan; or
999
(c) the entity has filed with the municipality a request for notice during the same
1000
calendar year and before the municipality provides notice to an affected entity in compliance
1001
with a requirement imposed under this chapter.
1002
(2) "Appeal authority" means the person, board, commission, agency, or other body
1003
designated by ordinance to decide an appeal of a decision of a land use application or a
1004
variance.
1005
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1006
residential property if the sign is designed or intended to direct attention to a business, product,
1007
or service that is not sold, offered, or existing on the property where the sign is located.
1008
(4) "Charter school" includes:
1009
(a) an operating charter school;
1010
(b) a charter school applicant that has its application approved by a chartering entity in
1011
accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
1012
(c) an entity who is working on behalf of a charter school or approved charter applicant
1013
to develop or construct a charter school building.
1014
[(5) "Chief executive officer" means the:]
1015
[(a) mayor in municipalities operating under all forms of municipal government except
1016
the council-manager form; or]
1017
[(b) city manager in municipalities operating under the council-manager form of
1018
municipal government.]
1019
(6) "Conditional use" means a land use that, because of its unique characteristics or
1020
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
1021
compatible in some areas or may be compatible only if certain conditions are required that
1022
mitigate or eliminate the detrimental impacts.
1023
(7) "Constitutional taking" means a governmental action that results in a taking of
1024
private property so that compensation to the owner of the property is required by the:
1025
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1026
(b) Utah Constitution Article I, Section 22.
1027
(8) "Culinary water authority" means the department, agency, or public entity with
1028
responsibility to review and approve the feasibility of the culinary water system and sources for
1029
the subject property.
1030
(9) (a) "Disability" means a physical or mental impairment that substantially limits one
1031
or more of a person's major life activities, including a person having a record of such an
1032
impairment or being regarded as having such an impairment.
1033
(b) "Disability" does not include current illegal use of, or addiction to, any federally
1034
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1035
802.
1036
(10) "Elderly person" means a person who is 60 years old or older, who desires or
1037
needs to live with other elderly persons in a group setting, but who is capable of living
1038
independently.
1039
(11) "Fire authority" means the department, agency, or public entity with responsibility
1040
to review and approve the feasibility of fire protection and suppression services for the subject
1041
property.
1042
(12) "General plan" means a document that a municipality adopts that sets forth general
1043
guidelines for proposed future development of the land within the municipality.
1044
(13) "Identical plans" means building plans submitted to a municipality that are
1045
substantially identical to building plans that were previously submitted to and reviewed and
1046
approved by the municipality and describe a building that is:
1047
(a) located on land zoned the same as the land on which the building described in the
1048
previously approved plans is located; and
1049
(b) subject to the same geological and meteorological conditions and the same law as
1050
the building described in the previously approved plans.
1051
(14) "Land use application" means an application required by a municipality's land use
1052
ordinance.
1053
(15) "Land use authority" means a person, board, commission, agency, or other body
1054
designated by the local legislative body to act upon a land use application.
1055
(16) "Land use ordinance" means a planning, zoning, development, or subdivision
1056
ordinance of the municipality, but does not include the general plan.
1057
(17) "Land use permit" means a permit issued by a land use authority.
1058
(18) "Legislative body" means the municipal council.
1059
(19) "Local district" means an entity under Title 17B, Limited Purpose Local
1060
Government Entities - Local Districts, and any other governmental or quasi-governmental
1061
entity that is not a county, municipality, school district, or unit of the state.
1062
(20) "Lot line adjustment" means the relocation of the property boundary line in a
1063
subdivision between two adjoining lots with the consent of the owners of record.
1064
(21) "Moderate income housing" means housing occupied or reserved for occupancy
1065
by households with a gross household income equal to or less than 80% of the median gross
1066
income for households of the same size in the county in which the city is located.
1067
(22) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
1068
spent and expenses incurred in:
1069
(a) verifying that building plans are identical plans; and
1070
(b) reviewing and approving those minor aspects of identical plans that differ from the
1071
previously reviewed and approved building plans.
1072
(23) "Noncomplying structure" means a structure that:
1073
(a) legally existed before its current land use designation; and
1074
(b) because of one or more subsequent land use ordinance changes, does not conform
1075
to the setback, height restrictions, or other regulations, excluding those regulations, which
1076
govern the use of land.
1077
(24) "Nonconforming use" means a use of land that:
1078
(a) legally existed before its current land use designation;
1079
(b) has been maintained continuously since the time the land use ordinance governing
1080
the land changed; and
1081
(c) because of one or more subsequent land use ordinance changes, does not conform
1082
to the regulations that now govern the use of the land.
1083
(25) "Official map" means a map drawn by municipal authorities and recorded in a
1084
county recorder's office that:
1085
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1086
highways and other transportation facilities;
1087
(b) provides a basis for restricting development in designated rights-of-way or between
1088
designated setbacks to allow the government authorities time to purchase or otherwise reserve
1089
the land; and
1090
(c) has been adopted as an element of the municipality's general plan.
1091
(26) "Person" means an individual, corporation, partnership, organization, association,
1092
trust, governmental agency, or any other legal entity.
1093
(27) "Plan for moderate income housing" means a written document adopted by a city
1094
legislative body that includes:
1095
(a) an estimate of the existing supply of moderate income housing located within the
1096
city;
1097
(b) an estimate of the need for moderate income housing in the city for the next five
1098
years as revised biennially;
1099
(c) a survey of total residential land use;
1100
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
1101
income housing; and
1102
(e) a description of the city's program to encourage an adequate supply of moderate
1103
income housing.
1104
(28) "Plat" means a map or other graphical representation of lands being laid out and
1105
prepared in accordance with Section
10-9a-603
,
17-23-17
, or
57-8-13
.
1106
(29) "Public hearing" means a hearing at which members of the public are provided a
1107
reasonable opportunity to comment on the subject of the hearing.
1108
(30) "Public meeting" means a meeting that is required to be open to the public under
1109
Title 52, Chapter 4, Open and Public Meetings Act.
1110
(31) "Record of survey map" means a map of a survey of land prepared in accordance
1111
with Section
17-23-17
.
1112
(32) "Receiving zone" means an area of a municipality that the municipality's land use
1113
authority designates as an area in which an owner of land may receive transferrable
1114
development rights.
1115
(33) "Residential facility for elderly persons" means a single-family or multiple-family
1116
dwelling unit that meets the requirements of Section
10-9a-516
, but does not include a health
1117
care facility as defined by Section
26-21-2
.
1118
(34) "Residential facility for persons with a disability" means a residence:
1119
(a) in which more than one person with a disability resides; and
1120
(b) (i) is licensed or certified by the Department of Human Services under Title 62A,
1121
Chapter 2, Licensure of Programs and Facilities; or
1122
(ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
1123
Health Care Facility Licensing and Inspection Act.
1124
(35) "Sanitary sewer authority" means the department, agency, or public entity with
1125
responsibility to review and approve the feasibility of sanitary sewer services or onsite
1126
wastewater systems.
1127
(36) "Sending zone" means an area of a municipality that the municipality's land use
1128
authority designates as an area from which an owner of land may transfer transferrable
1129
development rights to an owner of land in a receiving zone.
1130
(37) "Specified public utility" means an electrical corporation, gas corporation, or
1131
telephone corporation, as those terms are defined in Section
54-2-1
.
1132
(38) "Street" means a public right-of-way, including a highway, avenue, boulevard,
1133
parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
1134
way.
1135
(39) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
1136
divided into two or more lots, parcels, sites, units, plots, or other division of land for the
1137
purpose, whether immediate or future, for offer, sale, lease, or development either on the
1138
installment plan or upon any and all other plans, terms, and conditions.
1139
(b) "Subdivision" includes:
1140
(i) the division or development of land whether by deed, metes and bounds description,
1141
devise and testacy, map, plat, or other recorded instrument; and
1142
(ii) except as provided in Subsection (39)(c), divisions of land for residential and
1143
nonresidential uses, including land used or to be used for commercial, agricultural, and
1144
industrial purposes.
1145
(c) "Subdivision" does not include:
1146
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
1147
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
1148
neither the resulting combined parcel nor the parcel remaining from the division or partition
1149
violates an applicable land use ordinance;
1150
(ii) a recorded agreement between owners of adjoining unsubdivided properties
1151
adjusting their mutual boundary if:
1152
(A) no new lot is created; and
1153
(B) the adjustment does not violate applicable land use ordinances;
1154
(iii) a recorded document, executed by the owner of record:
1155
(A) revising the legal description of more than one contiguous unsubdivided parcel of
1156
property into one legal description encompassing all such parcels of property; or
1157
(B) joining a subdivided parcel of property to another parcel of property that has not
1158
been subdivided, if the joinder does not violate applicable land use ordinances; or
1159
(iv) a recorded agreement between owners of adjoining subdivided properties adjusting
1160
their mutual boundary if:
1161
(A) no new dwelling lot or housing unit will result from the adjustment; and
1162
(B) the adjustment will not violate any applicable land use ordinance.
1163
(d) The joining of a subdivided parcel of property to another parcel of property that has
1164
not been subdivided does not constitute a subdivision under this Subsection (39) as to the
1165
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
1166
subdivision ordinance.
1167
(40) "Transferrable development right" means the entitlement to develop land within a
1168
sending zone that would vest according to the municipality's existing land use ordinances on
1169
the date that a completed land use application is filed seeking the approval of development
1170
activity on the land.
1171
(41) "Unincorporated" means the area outside of the incorporated area of a city or
1172
town.
1173
(42) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1174
land use zones, overlays, or districts.
1175
Section 37.
Section
20A-1-102
is amended to read:
1176
20A-1-102. Definitions.
1177
As used in this title:
1178
(1) "Active voter" means a registered voter who has not been classified as an inactive
1179
voter by the county clerk.
1180
(2) "Automatic tabulating equipment" means apparatus that automatically examines
1181
and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
1182
(3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
1183
which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
1184
secrecy envelopes.
1185
(4) "Ballot sheet":
1186
(a) means a ballot that:
1187
(i) consists of paper or a card where the voter's votes are marked or recorded; and
1188
(ii) can be counted using automatic tabulating equipment; and
1189
(b) includes punch card ballots, and other ballots that are machine-countable.
1190
(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
1191
contain the names of offices and candidates and statements of ballot propositions to be voted
1192
on and which are used in conjunction with ballot sheets that do not display that information.
1193
(6) "Ballot proposition" means opinion questions specifically authorized by the
1194
Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
1195
that are submitted to the voters for their approval or rejection.
1196
(7) "Board of canvassers" means the entities established by Sections
20A-4-301
and
1197
20A-4-306
to canvass election returns.
1198
(8) "Bond election" means an election held for the purpose of approving or rejecting
1199
the proposed issuance of bonds by a government entity.
1200
(9) "Book voter registration form" means voter registration forms contained in a bound
1201
book that are used by election officers and registration agents to register persons to vote.
1202
(10) "By-mail voter registration form" means a voter registration form designed to be
1203
completed by the voter and mailed to the election officer.
1204
(11) "Canvass" means the review of election returns and the official declaration of
1205
election results by the board of canvassers.
1206
(12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
1207
the canvass.
1208
(13) "Convention" means the political party convention at which party officers and
1209
delegates are selected.
1210
(14) "Counting center" means one or more locations selected by the election officer in
1211
charge of the election for the automatic counting of ballots.
1212
(15) "Counting judge" means a poll worker designated to count the ballots during
1213
election day.
1214
(16) "Counting poll watcher" means a person selected as provided in Section
1215
20A-3-201
to witness the counting of ballots.
1216
(17) "Counting room" means a suitable and convenient private place or room,
1217
immediately adjoining the place where the election is being held, for use by the poll workers
1218
and counting judges to count ballots during election day.
1219
(18) "County executive" has the meaning as provided in Subsection
68-3-12
(2).
1220
(19) "County legislative body" has the meaning as provided in Subsection
68-3-12
(2).
1221
(20) "County officers" means those county officers that are required by law to be
1222
elected.
1223
(21) "Election" means a regular general election, a municipal general election, a
1224
statewide special election, a local special election, a regular primary election, a municipal
1225
primary election, and a local district election.
1226
(22) "Election Assistance Commission" means the commission established by Public
1227
Law 107-252, the Help America Vote Act of 2002.
1228
(23) "Election cycle" means the period beginning on the first day persons are eligible to
1229
file declarations of candidacy and ending when the canvass is completed.
1230
(24) "Election judge" means a poll worker that is assigned to:
1231
(a) preside over other poll workers at a polling place;
1232
(b) act as the presiding election judge; or
1233
(c) serve as a canvassing judge, counting judge, or receiving judge.
1234
(25) "Election officer" means:
1235
(a) the lieutenant governor, for all statewide ballots;
1236
(b) the county clerk or clerks for all county ballots and for certain ballots and elections
1237
as provided in Section
20A-5-400.5
;
1238
(c) the municipal clerk for all municipal ballots and for certain ballots and elections as
1239
provided in Section
20A-5-400.5
;
1240
(d) the local district clerk or chief executive officer for certain ballots and elections as
1241
provided in Section
20A-5-400.5
; and
1242
(e) the business administrator or superintendent of a school district for certain ballots
1243
or elections as provided in Section
20A-5-400.5
.
1244
(26) "Election official" means any election officer, election judge, or poll worker.
1245
(27) "Election results" means, for bond elections, the count of those votes cast for and
1246
against the bond proposition plus any or all of the election returns that the board of canvassers
1247
may request.
1248
(28) "Election returns" includes the pollbook, all affidavits of registration, the military
1249
and overseas absentee voter registration and voting certificates, one of the tally sheets, any
1250
unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
1251
spoiled ballots, the ballot disposition form, and the total votes cast form.
1252
(29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
1253
device or other voting device that records and stores ballot information by electronic means.
1254
(30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
1255
(b) "Electronic voting device" includes a direct recording electronic voting device.
1256
(31) "Inactive voter" means a registered voter who has been sent the notice required by
1257
Section
20A-2-306
and who has failed to respond to that notice.
1258
(32) "Inspecting poll watcher" means a person selected as provided in this title to
1259
witness the receipt and safe deposit of voted and counted ballots.
1260
(33) "Judicial office" means the office filled by any judicial officer.
1261
(34) "Judicial officer" means any justice or judge of a court of record or any county
1262
court judge.
1263
(35) "Local district" means a local government entity under Title 17B, Limited Purpose
1264
Local Government Entities - Local Districts, and includes a special service district under Title
1265
17A, Chapter 2, Part 13, Utah Special Service District Act.
1266
(36) "Local district officers" means those local district officers that are required by law
1267
to be elected.
1268
(37) "Local election" means a regular municipal election, a local special election, a
1269
local district election, and a bond election.
1270
(38) "Local political subdivision" means a county, a municipality, a local district, or a
1271
local school district.
1272
(39) "Local special election" means a special election called by the governing body of a
1273
local political subdivision in which all registered voters of the local political subdivision may
1274
vote.
1275
(40) "Municipal executive" means:
1276
[(a) the city council or town council in the traditional management arrangement
1277
established by Title 10, Chapter 3, Part 1, Governing Body;]
1278
[(b)] (a) the mayor in the council-mayor [optional] form of government defined in
1279
Section [
10-3-101
]
10-3b-102
; and
1280
[(c)] (b) the [manager] mayor in the council-manager [optional] form of government
1281
defined in [Section
10-3-101
] Subsection
10-3b-103
(6).
1282
(41) "Municipal general election" means the election held in municipalities and local
1283
districts on the first Tuesday after the first Monday in November of each odd-numbered year
1284
for the purposes established in Section
20A-1-202
.
1285
(42) "Municipal legislative body" means[: (a)] the [city] council of the city or town
1286
[council] in [the traditional management arrangement established by Title 10, Chapter 3, Part 1,
1287
Governing Body;] any form of municipal government.
1288
[(b) the municipal council in the council-mayor optional form of government defined
1289
in Section
10-3-101
; and]
1290
[(c) the municipal council in the council-manager optional form of government defined
1291
in Section
10-3-101
.]
1292
(43) "Municipal officers" means those municipal officers that are required by law to be
1293
elected.
1294
(44) "Municipal primary election" means an election held to nominate candidates for
1295
municipal office.
1296
(45) "Official ballot" means the ballots distributed by the election officer to the poll
1297
workers to be given to voters to record their votes.
1298
(46) "Official endorsement" means:
1299
(a) the information on the ballot that identifies:
1300
(i) the ballot as an official ballot;
1301
(ii) the date of the election; and
1302
(iii) the facsimile signature of the election officer; and
1303
(b) the information on the ballot stub that identifies:
1304
(i) the poll worker's initials; and
1305
(ii) the ballot number.
1306
(47) "Official register" means the official record furnished to election officials by the
1307
election officer that contains the information required by Section
20A-5-401
.
1308
(48) "Paper ballot" means a paper that contains:
1309
(a) the names of offices and candidates and statements of ballot propositions to be
1310
voted on; and
1311
(b) spaces for the voter to record his vote for each office and for or against each ballot
1312
proposition.
1313
(49) "Political party" means an organization of registered voters that has qualified to
1314
participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
1315
Formation and Procedures.
1316
(50) (a) "Poll worker" means a person assigned by an election official to assist with an
1317
election, voting, or counting votes.
1318
(b) "Poll worker" includes election judges.
1319
(c) "Poll worker" does not include a watcher.
1320
(51) "Pollbook" means a record of the names of voters in the order that they appear to
1321
cast votes.
1322
(52) "Polling place" means the building where voting is conducted.
1323
(53) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
1324
in which the voter marks his choice.
1325
(54) "Provisional ballot" means a ballot voted provisionally by a person:
1326
(a) whose name is not listed on the official register at the polling place;
1327
(b) whose legal right to vote is challenged as provided in this title; or
1328
(c) whose identity was not sufficiently established by a poll worker.
1329
(55) "Provisional ballot envelope" means an envelope printed in the form required by
1330
Section
20A-6-105
that is used to identify provisional ballots and to provide information to
1331
verify a person's legal right to vote.
1332
(56) "Primary convention" means the political party conventions at which nominees for
1333
the regular primary election are selected.
1334
(57) "Protective counter" means a separate counter, which cannot be reset, that is built
1335
into a voting machine and records the total number of movements of the operating lever.
1336
(58) "Qualify" or "qualified" means to take the oath of office and begin performing the
1337
duties of the position for which the person was elected.
1338
(59) "Receiving judge" means the poll worker that checks the voter's name in the
1339
official register, provides the voter with a ballot, and removes the ballot stub from the ballot
1340
after the voter has voted.
1341
(60) "Registration form" means a book voter registration form and a by-mail voter
1342
registration form.
1343
(61) "Regular ballot" means a ballot that is not a provisional ballot.
1344
(62) "Regular general election" means the election held throughout the state on the first
1345
Tuesday after the first Monday in November of each even-numbered year for the purposes
1346
established in Section
20A-1-201
.
1347
(63) "Regular primary election" means the election on the fourth Tuesday of June of
1348
each even-numbered year, at which candidates of political parties and nonpolitical groups are
1349
voted for nomination.
1350
(64) "Resident" means a person who resides within a specific voting precinct in Utah.
1351
(65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
1352
and distributed as provided in Section
20A-5-405
.
1353
(66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
1354
punch the ballot for one or more candidates who are members of different political parties.
1355
(67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
1356
which the voter places the ballot after he has voted it in order to preserve the secrecy of the
1357
voter's vote.
1358
(68) "Special election" means an election held as authorized by Section
20A-1-204
.
1359
(69) "Spoiled ballot" means each ballot that:
1360
(a) is spoiled by the voter;
1361
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
1362
(c) lacks the official endorsement.
1363
(70) "Statewide special election" means a special election called by the governor or the
1364
Legislature in which all registered voters in Utah may vote.
1365
(71) "Stub" means the detachable part of each ballot.
1366
(72) "Substitute ballots" means replacement ballots provided by an election officer to
1367
the poll workers when the official ballots are lost or stolen.
1368
(73) "Ticket" means each list of candidates for each political party or for each group of
1369
petitioners.
1370
(74) "Transfer case" means the sealed box used to transport voted ballots to the
1371
counting center.
1372
(75) "Vacancy" means the absence of a person to serve in any position created by
1373
statute, whether that absence occurs because of death, disability, disqualification, resignation,
1374
or other cause.
1375
(76) "Valid voter identification" means:
1376
(a) a form of identification that bears the name and photograph of the voter which may
1377
include:
1378
(i) a currently valid Utah driver license;
1379
(ii) a currently valid identification card that is issued by:
1380
(A) the state;
1381
(B) a local government within the state; or
1382
(C) a branch, department, or agency of the United States;
1383
(iii) an identification card that is issued by an employer for an employee;
1384
(iv) a currently valid identification card that is issued by a college, university, technical
1385
school, or professional school that is located within the state;
1386
(v) a currently valid Utah permit to carry a concealed weapon;
1387
(vi) a currently valid United States passport; or
1388
(vii) a valid tribal identification card; or
1389
(b) two forms of identification that bear the name of the voter and provide evidence
1390
that the voter resides in the voting precinct, which may include:
1391
(i) a voter identification card;
1392
(ii) a current utility bill or a legible copy thereof;
1393
(iii) a bank or other financial account statement, or a legible copy thereof;
1394
(iv) a certified birth certificate;
1395
(v) a valid Social Security card;
1396
(vi) a check issued by the state or the federal government or a legible copy thereof;
1397
(vii) a paycheck from the voter's employer, or a legible copy thereof;
1398
(viii) a currently valid Utah hunting or fishing license;
1399
(ix) a currently valid United States military identification card;
1400
(x) certified naturalization documentation;
1401
(xi) a currently valid license issued by an authorized agency of the United States;
1402
(xii) a certified copy of court records showing the voter's adoption or name change;
1403
(xiii) a Bureau of Indian Affairs card;
1404
(xiv) a tribal treaty card;
1405
(xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
1406
(xvi) a form of identification listed in Subsection (76)(a) that does not contain a
1407
photograph, but establishes the name of the voter and provides evidence that the voter resides
1408
in the voting precinct.
1409
(77) "Valid write-in candidate" means a candidate who has qualified as a write-in
1410
candidate by following the procedures and requirements of this title.
1411
(78) "Voter" means a person who meets the requirements for voting in an election,
1412
meets the requirements of election registration, is registered to vote, and is listed in the official
1413
register book.
1414
(79) "Voter registration deadline" means the registration deadline provided in Section
1415
20A-2-102.5
.
1416
(80) "Voting area" means the area within six feet of the voting booths, voting
1417
machines, and ballot box.
1418
(81) "Voting booth" means:
1419
(a) the space or compartment within a polling place that is provided for the preparation
1420
of ballots, including the voting machine enclosure or curtain; or
1421
(b) a voting device that is free standing.
1422
(82) "Voting device" means:
1423
(a) an apparatus in which ballot sheets are used in connection with a punch device for
1424
piercing the ballots by the voter;
1425
(b) a device for marking the ballots with ink or another substance;
1426
(c) an electronic voting device or other device used to make selections and cast a ballot
1427
electronically, or any component thereof;
1428
(d) an automated voting system under Section
20A-5-302
; or
1429
(e) any other method for recording votes on ballots so that the ballot may be tabulated
1430
by means of automatic tabulating equipment.
1431
(83) "Voting machine" means a machine designed for the sole purpose of recording
1432
and tabulating votes cast by voters at an election.
1433
(84) "Voting poll watcher" means a person appointed as provided in this title to
1434
witness the distribution of ballots and the voting process.
1435
(85) "Voting precinct" means the smallest voting unit established as provided by law
1436
within which qualified voters vote at one polling place.
1437
(86) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
1438
poll watcher, and a testing watcher.
1439
(87) "Western States Presidential Primary" means the election established in Title 20A,
1440
Chapter 9, Part 8.
1441
(88) "Write-in ballot" means a ballot containing any write-in votes.
1442
(89) "Write-in vote" means a vote cast for a person whose name is not printed on the
1443
ballot according to the procedures established in this title.
1444
Section 38.
Section
20A-1-506
is amended to read:
1445
20A-1-506. Judicial vacancies -- Courts not of record.
1446
(1) As used in this section:
1447
(a) "Appointing authority" means:
1448
(i) for a county:
1449
[(i)] (A) the chair of the county commission in [counties] a county having the county
1450
commission form of county government; and
1451
[(ii)] (B) the county executive in [counties] a county having the county
1452
executive-council form of government; and
1453
[(iii) the chair] (ii) for a city, or town, the mayor of the city [council] or town [council
1454
in municipalities having:].
1455
[(A) the traditional management arrangement established by Title 10, Chapter 3, Part 1,
1456
Governing Body; and]
1457
[(B) the council-manager optional form of government defined in Section
10-3-101
;
1458
and]
1459
[(iv) the mayor, in the council-mayor optional form of government defined in Section
1460
10-3-101
;]
1461
(b) "Local legislative body" means:
1462
(i) the county commission or county council; and
1463
(ii) the [city] council of the city or town [council].
1464
(2) (a) If a vacancy occurs in the office of a municipal justice court judge before the
1465
completion of his term of office, the appointing authority may:
1466
(i) fill the vacancy by appointment for the unexpired term by following the procedures
1467
and requirements for appointments in Section
78-5-134
; or
1468
(ii) contract with a justice court judge of the county, an adjacent county, or another
1469
municipality within those counties for judicial services.
1470
(b) When the appointing authority chooses to contract under Subsection (2)(a)(ii), it
1471
shall ensure that the contract is for the same term as the term of office of the judge whose
1472
services are replaced by the contract.
1473
(c) The appointing authority shall notify the Office of the State Court Administrator in
1474
writing of the appointment, resignation, or the contractual agreement for services of a judge
1475
under this section within 30 days after filling the vacancy.
1476
(3) (a) If a vacancy occurs in the office of a county justice court judge before the
1477
completion of that judge's term of office, the appointing authority may fill the vacancy by
1478
appointment for the unexpired term by following the procedures and requirements for
1479
appointments in Section
78-5-134
.
1480
(b) The appointing authority shall notify the Office of the State Court Administrator in
1481
writing of any appointment of a county justice court judge under this section within 30 days
1482
after the appointment is made.
1483
(4) (a) When a vacancy occurs in the office of a justice court judge, the appointing
1484
authority shall:
1485
(i) advertise the vacancy and solicit applications for the vacancy;
1486
(ii) appoint the best qualified candidate to office based solely upon fitness for office;
1487
(iii) comply with the procedures and requirements of Title 52, Chapter 3, prohibiting
1488
employment of relatives in making appointments to fill the vacancy; and
1489
(iv) submit the name of the appointee to the local legislative body.
1490
(b) If the local legislative body does not confirm the appointment within 30 days of
1491
submission, the appointing authority may either appoint another of the applicants or reopen the
1492
vacancy by advertisement and solicitations of applications.
1493
Section 39.
Section
20A-1-510
is amended to read:
1494
20A-1-510. Midterm vacancies in municipal offices.
1495
(1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the
1496
office of municipal executive or member of a municipal legislative body, the municipal
1497
legislative body shall appoint a registered voter in the municipality who meets the
1498
qualifications for office established in Section
10-3-301
to fill the unexpired term of the office
1499
vacated until the January following the next municipal election.
1500
(b) Before acting to fill the vacancy, the municipal legislative body shall:
1501
(i) give public notice of the vacancy at least two weeks before the municipal legislative
1502
body meets to fill the vacancy; and
1503
(ii) identify, in the notice:
1504
(A) the date, time, and place of the meeting where the vacancy will be filled; and
1505
(B) the person to whom a person interested in being appointed to fill the vacancy may
1506
submit his name for consideration and any deadline for submitting it.
1507
(c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within
1508
30 days after the vacancy occurs, the municipal legislative body shall vote upon the names that
1509
have been submitted.
1510
(ii) The two persons having the highest number of votes of the municipal legislative
1511
body shall appear before the municipal legislative body and the municipal legislative body shall
1512
vote again.
1513
(iii) If neither candidate receives a majority vote of the municipal legislative body at
1514
that time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
1515
(2) (a) A vacancy in the office of municipal executive or member of a municipal
1516
legislative body shall be filled by an interim appointment, followed by an election to fill a
1517
two-year term, if:
1518
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
1519
at least 14 days before the deadline for filing for election in an odd-numbered year; and
1520
(ii) two years of the vacated term will remain after the first Monday of January
1521
following the next municipal election.
1522
(b) In appointing an interim replacement, the municipal legislative body shall comply
1523
with the notice requirements of this section.
1524
(3) A member of a municipal legislative body may not participate in any part of the
1525
process established in this section to fill a vacancy if that member is being considered for