H.B. 20

1

CALLING LOCAL SPECIAL ELECTIONS FOR
2 SALES AND USE TAX PURPOSES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Stephen D. Clark
6
7 LONG TITLE
8 General Description:
9 This bill amends the Election Code to address calling local special elections for sales
10 and use tax purposes.
11 Highlighted Provisions:
12 This bill:
13 . addresses the power of a local political subdivision to call a local special election
14 for a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
15 and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-1-203, as last amended by Chapter 4, Laws of Utah 2002, Fifth Special Session
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 20A-1-203 is amended to read:
27 20A-1-203. Calling and purpose of special elections.

28 (1) Statewide and local special elections may be held for any purpose authorized by
29 law.
30 (2) (a) Statewide special elections shall be conducted using the procedure for regular
31 general elections.
32 (b) Except as otherwise provided in this title, local special elections shall be conducted
33 using the procedures for regular municipal elections.
34 (3) The governor may call a statewide special election by issuing an executive order
35 that designates:
36 (a) the date for the statewide special election; and
37 (b) the purpose for the statewide special election.
38 (4) The Legislature may call a statewide special election by passing a joint or
39 concurrent resolution that designates:
40 (a) the date for the statewide special election; and
41 (b) the purpose for the statewide special election.
42 (5) (a) The legislative body of a local political subdivision may call a local special
43 election only for:
44 (i) a vote on a bond or debt issue;
45 (ii) a vote on a voted leeway program authorized by Section 53A-17a-133 or
46 53A-17a-134 ;
47 (iii) [a referendum] an initiative authorized by [Title 20A,] Chapter 7, Part [6] 5, Local
48 Initiatives - Procedure;
49 (iv) [an initiative] a referendum authorized by [Title 20A,] Chapter 7, Part [5] 6, Local
50 Referenda - Procedures; [or]
51 (v) if required or authorized by federal law, a vote to determine whether or not Utah's
52 legal boundaries should be changed[.]; or
53 (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act.
54 (b) The legislative body of a local political subdivision may call a local special election
55 by adopting an ordinance or resolution that designates:
56 (i) the date for the local special election; and
57 (ii) the purpose for the local special election.

Legislative Review Note
as of 12-7-04 8:44 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-08-04 11:48 AM

The Revenue and Taxation Interim Committee recommended this bill.