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First Substitute H.B. 321
6 Cosponsor:Sheryl L. Allen 7
8 LONG TITLE
9 General Description:
10 This bill modifies notice and ballot requirements for bond elections.
11 Highlighted Provisions:
12 This bill:
13 . requires a voter information pamphlet to be prepared for certain bond elections and
14 mailed to all households containing a registered voter who is eligible to vote on the
16 . requires additional information to be provided in a voter information pamphlet
17 prepared for a bond election;
18 . changes ballot notification requirements by:
19 . requiring additional information to be provided on the ballot;
20 . deleting a provision requiring the type of bond to be identified on the ballot; and
21 . deleting a provision requiring notification of payment sources if the bond is
22 payable from tax proceeds and operating revenues; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 11-14-202, as last amended by Laws of Utah 2009, Chapter 388
31 11-14-206, as last amended by Laws of Utah 2007, Chapter 351
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 11-14-202 is amended to read:
35 11-14-202. Notice of election -- Contents -- Publication -- Mailing.
36 (1) The governing body shall ensure that notice of the election is [
37 (a) (i) [
38 newspaper [
39 accordance with Section 11-14-316 ; and
41 21 nor more than 35 days before the election; [
43 (b) on a website, if available, in accordance with Section 45-1-101 for three weeks[
45 (c) in a local political subdivision where there is no newspaper of general circulation,
46 by posting notice of the bond election in at least five public places in the local political
47 subdivision at least 21 days before the election.
48 (2) When the debt service on the bonds to be issued will increase the property tax
49 imposed upon the average value of a residence by an amount that is greater than or equal to $15
50 per year, the governing body shall[
51 (a) at least seven days but not more than 30 days before the bond election[
57 (b) to each household containing a registered voter who is eligible to vote on the
58 bonds; and
59 (c) that includes the information required by [
69 section shall include:
70 (a) the date and place of the election;
71 (b) the hours during which the polls will be open; and
72 (c) the title and text of the ballot proposition.
73 (4) The voter information pamphlet required by this section shall include:
74 (a) the information required by Subsection (3); and
75 (b) an explanation of the property tax impact, if any, of the issuance of the bonds,
76 which may be based on information the governing body determines to be useful, including:
77 (i) expected debt service on the bonds to be issued;
78 (ii) a description of the purpose, remaining principal balance, and maturity date of any
79 outstanding general obligation bonds of the issuer;
80 (iii) funds other than property taxes available to pay debt service on general obligation
82 (iv) timing of expenditures of bond proceeds;
83 (v) property values; and
84 (vi) any additional information that the governing body determines may be useful to
85 explain the property tax impact of issuance of the bonds.
86 (5) The governing body shall pay the costs associated with the notice required by this
88 Section 2. Section 11-14-206 is amended to read:
89 11-14-206. Ballots -- Submission of ballot language -- Form and contents.
90 (1) At least 75 days before the election, the governing body shall prepare and submit to
91 the election officer:
92 (a) a ballot title for the bond proposition that includes the name of the local political
93 subdivision issuing the bonds and the word "bond" [
95 (b) a ballot proposition that meets the requirements of Subsection (2).
96 (2) (a) The ballot proposition shall include:
97 (i) the maximum principal amount of the bonds;
98 (ii) the maximum number of years from the issuance of the bonds to final maturity;
99 (iii) the general purpose for which the bonds are to be issued; and
100 (iv) if issuance of the bonds will require the increase of the property tax imposed upon
101 the average value of a residence by an amount that is greater than or equal to $15 per year, the
102 following information in substantially the following form:
109 " PROPERTY TAX COST OF BONDS:
110 If the bonds are issued as planned, an annual property tax to pay debt service on the
111 bonds will be required over a period of ____ years in the estimated amount of $____ on a
112 (insert the average value of a residence in the taxing entity rounded to the nearest thousand
113 dollars) residence and in the estimated amount of $____ on a business property having the
114 same value.
115 [If applicable] If there are other outstanding bonds, an otherwise scheduled tax
116 decrease may not occur if these bonds are issued.
117 The foregoing information is only an estimate and is not a limit on the amount of taxes
118 that the governing body may be required to levy in order to pay debt service on the bonds. The
119 governing body is obligated to levy taxes to the extent provided by law in order to pay the
121 (b) The purpose of the bonds may be stated in general terms and need not specify the
122 particular projects for which the bonds are to be issued or the specific amount of bond proceeds
123 to be expended for each project.
124 (c) If the bonds are to be payable in part from tax proceeds and in part from the
125 operating revenues of the local political subdivision, or from any combination of tax proceeds
126 and operating revenues, the bond proposition [
127 need not specify how the bonds are to be divided between those sources of payment.
128 (d) (i) The bond proposition shall be followed by the words, "For the issuance of
129 bonds" and "Against the issuance of bonds," with appropriate boxes in which the voter may
130 indicate his choice.
131 (ii) Nothing in Subsection (2)(d)(i) prohibits the addition of descriptive information
132 about the bonds.
133 (3) If a bond proposition is submitted to a vote on the same day as any other election
134 held in the local political subdivision calling the bond election, the bond proposition may be
135 combined with the candidate ballot in a manner consistent with Section 20A-6-301 ,
136 20A-6-303 , or 20A-6-402 .
137 (4) The ballot form shall comply with the requirements of Title 20A, Chapter 6, Ballot
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