Second Substitute H.B. 262

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 25, 2014 at 11:05 AM by jeyring. -->

Representative Kraig Powell proposes the following substitute bill:

1 LOCAL GOVERNING BODY VOTING AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: Brian E. Shiozawa
6
7 LONG TITLE
8 General Description:
9 This bill enacts language related to the minimum vote requirements of a local governing
10 body.
11 Highlighted Provisions:
12 This bill:
13 . requires a majority vote of the total number of voting members of a municipal
14 council to pass an ordinance or resolution or take other action.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-3-507 , as last amended by Laws of Utah 2011, Chapter 176
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 10-3-507 is amended to read:
25 10-3-507. Minimum vote required.

26 (1) The minimum number of yes votes required to pass any ordinance or resolution, or
27 to take any action by the council, unless otherwise prescribed by law, is a majority of the H. [ total
28 number of ] .H voting members of the council, regardless H. [ of the number of voting members
28a of the
29 council present at the meeting, and without considering any vacancy in the council ] of absence or
29a vacancy .H .
30 (2) (a) Any ordinance, resolution, or motion of the council having fewer favorable
31 votes than required in this section is defeated and invalid.
32 (b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a
33 specific time by a majority vote of the council even though the majority vote is less than that
34 required in this section.
35 (3) H. [ A ] If a vacancy exists in one or more council seats, a .H majority of the
35a council members H. presently occupying council seats .H , regardless of number, may
35b H. vote to .H fill H. [ any vacancy in
36 the council ] the vacancy .H as provided under Section 20A-1-510 .