First Substitute H.B. 43

Representative David Ure proposes to substitute the following bill:

1 REPEAL OF LEGISLATIVE TERM LIMITS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 This act modifies the term limits statute by eliminating term limits for U.S. Senate, U.S.
6 Congress, the Utah Senate, and the Utah House of Representatives.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 20A-10-102, as enacted by Chapter 264, Laws of Utah 1994
10 20A-10-201, as enacted by Chapter 264, Laws of Utah 1994
11 REPEALS:
12 20A-10-301, as enacted by Chapter 264, Laws of Utah 1994
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 20A-10-102 is amended to read:
15 20A-10-102. Definitions.
16 As used in this chapter:
17 [(1) "Congressional representative" means a person elected to represent Utah in the United
18 States House of Representatives.]
19 [(2)] (1) "Prohibited office" means an office that a person may not seek, obtain, or serve
20 in because of the term limits established by this chapter.
21 [(3)] (2) "Seek reelection" means to file a declaration of candidacy for a prohibited office.
22 [(4)] (3) "State executive officer" means the office of governor, lieutenant governor,
23 attorney general, state auditor, and state treasurer.
24 [(5) "State representative" means the office of representative in the House of
25 Representatives of the Utah Legislature.]

26 [(6) "State senator" means the office of senator in the Senate of the Utah Legislature.]
27 [(7) "United States senator" means a person elected to represent Utah in the United States
28 Senate.]
29 Section 2. Section 20A-10-201 is amended to read:
30 20A-10-201. Term limits -- State officers.
31 (1) (a) A state executive officer may not seek reelection or be elected to [an] the same
32 office if, by the end of the state officer's current term, the state officer will have served, or but for
33 resignation would have served, 12 or more consecutive years.
34 (b) The lieutenant governor may not certify the name of any state officer for placement on
35 the ballot if, by the end of the state officer's current term, the state officer will have served, or but
36 for resignation would have served, 12 or more consecutive years in the same office.
37 (c) A county clerk may not allow the name of any state officer to be printed on a ballot if,
38 by the end of the state officer's current term, the state officer will have served, or but for
39 resignation would have served, 12 or more consecutive years in the same office.
40 (d) The state board of canvassers may not declare any state officer "elected" if, by the end
41 of the state officer's current term, the state officer will have served, or but for resignation would
42 have served, 12 or more consecutive years in the same office.
43 [(2) (a) A state representative may not seek reelection or be elected to an office if, by the
44 end of the state representative's current term, the state representative will have served, or but for
45 resignation would have served, 12 or more consecutive years.]
46 [(b) The lieutenant governor may not certify the name of any state representative for
47 placement on the ballot if, by the end of the state representative's current term, the state
48 representative will have served, or but for resignation would have served, 12 or more consecutive
49 years.]
50 [(c) A county clerk may not allow the name of any state representative to be printed on a
51 ballot if, by the end of the state representative's current term, the state representative will have
52 served, or but for resignation would have served, 12 or more consecutive years.]
53 [(d) The state board of canvassers may not declare any state representative "elected" if, by
54 the end of the state representative's current term, the state representative will have served, or but
55 for resignation would have served, 12 or more consecutive years.]
56 [(3) (a) A state senator may not seek reelection or be elected to an office if, by the end of

57 the state senator's current term, the state senator will have served, or but for resignation would have
58 served, 12 or more consecutive years.]
59 [(b) The lieutenant governor may not certify the name of any state senator for placement
60 on the ballot if, by the end of the state senator's current term, the state senator will have served, or
61 but for resignation would have served, 12 or more consecutive years.]
62 [(c) A county clerk may not allow the name of any state senator to be printed on a ballot
63 if, by the end of the state senator's current term, the state senator will have served, or but for
64 resignation would have served, 12 or more consecutive years.]
65 [(d) The state board of canvassers may not declare any state senator "elected" if, by the end
66 of the state senator's current term, the state senator will have served, or but for resignation would
67 have served, 12 or more consecutive years.]
68 [(4)] (2) For purposes of calculating the term limits established by this section, no person
69 may count the time a state officer[, state representative, or state senator] served in a particular
70 office before January 1, 1995.
71 Section 3. Repealer.
72 This act repeals:
73 Section 20A-10-301, Term limits -- Federal officers.