S.B. 10

This document includes Senate 2^nd Reading Floor Amendments incorporated into the bill on Wed, Jan 21, 2004 at 11:02 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Wed, Jan 28, 2004 at 2:23 PM by kholt. --> 1

AMENDMENTS TO LOCAL REFERENDUM
2 PROCESS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John W. Hickman
6
7 LONG TITLE
8 General Description:
9 This bill modifies the local referendum provisions of the Election Code by modifying
10 the time line for challenging a local law.
11 Highlighted Provisions:
12 This bill:
13 . increases the number of days from 35 to 45 for filing a referendum petition
14 challenging a local law.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-7-601, as last amended by Chapter 292, Laws of Utah 2003
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 20A-7-601 is amended to read:
25 20A-7-601. Referenda -- General signature requirements -- Signature
26 requirements for land use laws -- Time requirements.
27 (1) Except as provided in Subsection (2), a person seeking to have a law passed by the

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House Committee Amendments 1-28-2004 kh/jlf

- 2 -

Senate 2^nd Reading Amendments 1-21-2004 rd/jlf 28

local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
29 (a) 10% of all the votes cast in the county, city, or town for all candidates for governor
30 at the last election at which a governor was elected if the total number of votes exceeds 25,000;
31 (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
32 governor at the last election at which a governor was elected if the total number of votes does
33 not exceed 25,000 but is more than 10,000;
34 (c) 15% of all the votes cast in the county, city, or town for all candidates for governor
35 at the last election at which a governor was elected if the total number of votes does not exceed
36 10,000 but is more than 2,500;
37 (d) 20% of all the votes cast in the county, city, or town for all candidates for governor
38 at the last election at which a governor was elected if the total number of votes does not exceed
39 2,500 but is more than 500;
40 (e) 25% of all the votes cast in the county, city, or town for all candidates for governor
41 at the last election at which a governor was elected if the total number of votes does not exceed
42 500 but is more than 250; and
43 (f) 30% of all the votes cast in the county, city, or town for all candidates for governor
44 at the last election at which a governor was elected if the total number of votes does not exceed
45 250.
46 (2) (a) As used in this Subsection (2), "land use law" includes a land use development
47 code, an annexation ordinance, and comprehensive zoning ordinances.
48 (b) A person seeking to have a land use law passed by the local legislative body
49 submitted to a vote of the people shall obtain legal signatures equal to:
50 (i) in a county or in a city of the first or second class, 20% of all votes cast in the
51 county or city for all candidates for governor at the last election at which a governor was
52 elected; and
53 (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
54 city or town for all candidates for governor at the last election at which a governor was elected.
55 (3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2),
56 any local law passed by a local legislative body shall file the petition within
56a1 [35] h S [ [ ] 45 [ ] ] [ 60] s h days
56a after
57 the passage of the local law.
58 (b) The local law remains in effect until repealed by the voters via referendum.

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- 3 - 59 (4) If the referendum passes, the local law that was challenged by the referendum is
60 repealed as of the date of the election.

Legislative Review Note
as of 11-19-03 9:37 AM

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

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-10-03 11:08 AM

The Government Operations Interim Committee recommended this bill.