S.B. 53

1

USE OF INITIATIVE AND REFERENDUM
2 FOR ADMINISTRATIVE LAND USE AND
3 ZONING MATTERS
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Brent H. Goodfellow
7 House Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill modifies the Election Code relating to initiatives and referenda.
12 Highlighted Provisions:
13 This bill:
14 . prohibits the use of local initiatives or referenda for land use or zoning measures
15 that are administrative in nature.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-7-401, as last amended by Laws of Utah 1994, Chapter 272
23 20A-7-601, as last amended by Laws of Utah 2004, Chapter 258
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 20A-7-401 is amended to read:
27 20A-7-401. Limitation -- Budgets.

28 (1) The legal voters of any county, city, or town may not initiate budgets or changes in
29 budgets.
30 (2) The legal voters of any county, city, or town may not require any budget adopted by
31 the local legislative body to be submitted to the voters.
32 (3) The legal voters of a county, city, or town may not:
33 (a) initiate a measure related to land use or zoning that is administrative in nature; or
34 (b) require a measure related to land use or zoning to be submitted to the voters if the
35 measure is administrative in nature.
36 Section 2. Section 20A-7-601 is amended to read:
37 20A-7-601. Referenda -- General signature requirements -- Signature
38 requirements for land use laws -- Time requirements.
39 (1) Except as provided in Subsection (2), a person seeking to have a law passed by the
40 local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
41 (a) 10% of all the votes cast in the county, city, or town for all candidates for governor
42 at the last election at which a governor was elected if the total number of votes exceeds 25,000;
43 (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
44 governor at the last election at which a governor was elected if the total number of votes does
45 not exceed 25,000 but is more than 10,000;
46 (c) 15% of all the votes cast in the county, city, or town for all candidates for governor
47 at the last election at which a governor was elected if the total number of votes does not exceed
48 10,000 but is more than 2,500;
49 (d) 20% of all the votes cast in the county, city, or town for all candidates for governor
50 at the last election at which a governor was elected if the total number of votes does not exceed
51 2,500 but is more than 500;
52 (e) 25% of all the votes cast in the county, city, or town for all candidates for governor
53 at the last election at which a governor was elected if the total number of votes does not exceed
54 500 but is more than 250; and
55 (f) 30% of all the votes cast in the county, city, or town for all candidates for governor
56 at the last election at which a governor was elected if the total number of votes does not exceed
57 250.
58 (2) (a) As used in this Subsection (2), "land use law" includes a land use development

59 code, an annexation ordinance, and comprehensive zoning ordinances.
60 (b) [A] Subject to Subsection 20A-7-401 (3), a person seeking to have a land use law
61 passed by the local legislative body submitted to a vote of the people shall obtain legal
62 signatures equal to:
63 (i) in a county or in a city of the first or second class, 20% of all votes cast in the
64 county or city for all candidates for governor at the last election at which a governor was
65 elected; and
66 (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
67 city or town for all candidates for governor at the last election at which a governor was elected.
68 (3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2),
69 any local law passed by a local legislative body shall file the petition within 45 days after the
70 passage of the local law.
71 (b) The local law remains in effect until repealed by the voters via referendum.
72 (4) If the referendum passes, the local law that was challenged by the referendum is
73 repealed as of the date of the election.




Legislative Review Note
as of 12-14-07 3:40 PM

Office of Legislative Research and General Counsel