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H.B. 73

             1     

LOCAL REFERENDUM REQUIREMENTS

             2     
2005 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: David L. Hogue

             5     
             6      LONG TITLE
             7      General Description:
             8          This bill corrects a statute involving local referenda that conflicts with the Utah
             9      Constitution.
             10      Highlighted Provisions:
             11          This bill:
             12          .    corrects a statutory conflict with the Utah Constitution by prohibiting a local law
             13      challenged by a referendum from having force or effect until it is approved by
             14      voters; and
             15          .    clarifies when that law will take effect if it is approved by the voters.
             16      Monies Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          This bill provides an immediate effective date.
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          20A-7-601, as last amended by Chapter 258, Laws of Utah 2004
             23     
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 20A-7-601 is amended to read:
             26           20A-7-601. Referenda -- General signature requirements -- Signature
             27      requirements for land use laws -- Time requirements.


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


             59          [(b) The local law remains in effect until repealed by the voters via referendum.]
             60          (4) (a) The local law has no force or effect unless and until the voters approve the
             61      challenged local law:
             62          (i) at a regular municipal election or a municipal special election, if the challenged law
             63      was enacted by a municipality; or
             64          (ii) at a regular general election or a county special election, if the challenged law was
             65      enacted by a county.
             66          [(4)] (b) If the [referendum passes] voters approve the challenged local law, the local
             67      law that was challenged by the referendum [is repealed as of] takes effect on the date of the
             68      election.
             69          Section 2. Effective date.
             70          If approved by two-thirds of all the members elected to each house, this bill takes effect
             71      upon approval by the governor, or the day following the constitutional time limit of Utah
             72      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
             73      the date of veto override.




Legislative Review Note
    as of 11-30-04 12:16 PM


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


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