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H.B. 89

             1     

SPECIAL ELECTION NOTICE TO

             2     
REGISTERED VOTERS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Glenn L. Way

             6      AN ACT RELATING TO BONDING; MODIFYING NOTICE REQUIREMENTS FOR BOND
             7      ELECTIONS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
             8      DATE.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          11-14-3, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 11-14-3 is amended to read:
             14           11-14-3. Notice of election -- Publication -- Mailing.
             15          (1) (a) Notice of the election shall be published once a week during three consecutive
             16      weeks in a newspaper designated in accordance with Section 11-14-21 , the first publication to be
             17      not less than 21 nor more than 35 days before the election.
             18          (b) If no official newspaper is designated, the notices shall be published in a newspaper
             19      published in the municipality, or if no newspaper is published in the municipality, the notices shall
             20      be published in a newspaper having general circulation in the municipality.
             21          (2) S [ The ] WHEN THE MAXIMUM AMOUNT OF BONDS TO BE ISSUED IS $1,000,000 OR
             21a      MORE, THE s governing body shall, at least one week before the bond election, h IF NOT ON A
             21a      REGULAR OR MUNICIPAL PRIMARY OR GENERAL ELECTION, h on a minimum
             22      three inch by five inch postcard, mail written notice of the bond election to every household
             23      containing a registered voter who is eligible to vote on the bonds.
             24          [(2) Election] (3) (a) Except as provided in Subsection (3)(b), election notice given for
             25      any bond election held in this state need not be posted by any persons[, except that in cities of
             26      the].
             27          (b) (i) In third class cities or towns where [there is] no newspaper is published [in such city
             28      or town], the governing body may [provide] require that notice of a bond election [therein may]
             29      be given by posting in lieu of the publication [of such notice and in such event notice of the bond
             30      election shall be posted by] requirements of Subsection (1).
             31          (ii) When the governing body imposes a posting requirement, the city recorder, town clerk,
             32      or other officer designated by the governing body shall post notice of the bond election in at least
             33      five public places in [said] the city or town at least 21 days before the election.
             34          (4) The printed, posted, and mailed notice required by this section shall S BE PAID BY THE
             34a      BONDING AUTHORITY AND SHALL s identify:
             35          (a) the date and place of the election;
             36          (b) the hours during which the polls will be open; and
             37          (c) the purpose for which the bonds are to be issued, the maximum amount of bonds to be
             38      issued, h THE ESTIMATED TOTAL INTEREST COSTS OF THE BONDS BASED ON MARKET INTEREST
             38aa      RATES AT THE TIME THE NOTICE IS ISSUED, h h [ and ] h the maximum number of years to
             38bb      maturity of the bonds h , AND THE AVERAGE
             38a      POTENTIAL COST PER HOUSEHOLD h .
             39          Section 2. Effective date.
             40          If approved by two-thirds of all the members elected to each house, this act takes effect
             41      upon approval by the governor, or the day following the constitutional time limit of Utah
             42      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             43      date of veto override.




Legislative Review Note
    as of 1-19-99 12:50 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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