This document includes House Floor Amendments incorporated into the bill on Wed, Mar 1, 2023 at 7:44 PM by pflowers.
1 2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding referenda.
10 Highlighted Provisions:
11 This bill:
12 ▸ disallows referral of a referendum to voters for Ĥ→ [
12a laws ←Ĥ that passed by a
13 Ĥ→ [
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-7-602.8, as last amended by Laws of Utah 2022, Chapters 325, 406
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-7-602.8 is amended to read:
24 20A-7-602.8. Referability to voters of local land use law.
25 (1) Within 20 days after the day on which an eligible voter files an application to
26 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
27 county, city, town, or metro township to which the referendum pertains shall:
28 (a) review the application to determine whether the proposed referendum is legally
29 referable to voters; and
30 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
31 (i) legally referable to voters; or
32 (ii) rejected as not legally referable to voters.
33 (2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
34 legally referable to voters unless:
35 (i) the proposed referendum challenges an action that is administrative, rather than
36 legislative, in nature;
37 (ii) the proposed referendum challenges a land use decision, rather than a land use
38 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
39 (iii) the proposed referendum challenges more than one law passed by the local
40 legislative body; or
41 (iv) the application for the proposed referendum was not timely filed or does not
42 comply with the requirements of this part.
43 (b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
44 legally referable to voters for a Ĥ→ :
44a (i) municipal ←Ĥ land use law, as defined in Section 20A-7-101, Ĥ→ if the land use law
44b was passed by a unanimous vote of the local legislative body; ←Ĥ or
44c Ĥ→ (ii) [
45 land use law, as defined in Section 20A-7-601, if the Ĥ→ [
45a law
46 was passed by a two-thirds vote of the local legislative body.
47 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
48 or metro township may not, for a land use law:
49 (a) reject a proposed referendum as not legally referable to voters; or
50 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
51 proposed referendum on the grounds that the proposed referendum is not legally referable to
52 voters.
53 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
54 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
55 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
56 to:
57 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
58 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
59 under Subsection (4)(a)(i).
60 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
61 (4)(a) terminates the referendum.
62 (5) If, on challenge or appeal, the court determines that the proposed referendum is
63 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give
64 the sponsors access to the website defined in Section 20A-21-101, within five days after the
65 day on which the determination, and any challenge or appeal of the determination, is final.