First Substitute S.B. 236

This document includes House Floor Amendments incorporated into the bill on Wed, Mar 9, 2011 at 5:28 PM by lerror. -->

Representative Kraig Powell proposes the following substitute bill:

1 REFERENDUM AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kevin T. Van Tassell
5 House Sponsor: Kraig Powell
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code to clarify the referendum procedures
10 applicable to the issuance of municipal obligations.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . requires a referendum petition on a local obligation law to obtain a certain number
15 of signatures; and
16 . makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides an immediate effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-7-101, as last amended by Laws of Utah 2010, Chapter 294
24 20A-7-601, as last amended by Laws of Utah 2004, Chapter 258
25

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- 2 - 26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-7-101 is amended to read:
28 20A-7-101. Definitions.
29 As used in this chapter:
30 (1) "Budget officer" means:
31 (a) for a county, the person designated as budget officer in Section 17-19-19 ;
32 (b) for a city, the person designated as budget officer in Subsection 10-6-106 (5); or
33 (c) for a town, the town council.
34 (2) "Certified" means that the county clerk has acknowledged a signature as being the
35 signature of a registered voter.
36 (3) "Circulation" means the process of submitting an initiative or referendum petition
37 to legal voters for their signature.
38 (4) "Final fiscal impact statement" means a financial statement prepared after voters
39 approve an initiative that contains the information required by Subsection 20A-7-202.5 (2) or
40 20A-7-502.5 (2).
41 (5) "Initial fiscal impact estimate" means a financial statement prepared according to
42 the terms of Section 20A-7-202.5 or 20A-7-502.5 after the filing of an application for an
43 initiative petition.
44 (6) "Initiative" means a new law proposed for adoption by the public as provided in
45 this chapter.
46 (7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
47 law, and the signature sheets, all of which have been bound together as a unit.
48 (8) "Legal signatures" means the number of signatures of legal voters that:
49 (a) meet the numerical requirements of this chapter; and
50 (b) have been certified and verified as provided in this chapter.
51 (9) "Legal voter" means a person who:
52 (a) is registered to vote; or
53 (b) becomes registered to vote before the county clerk certifies the signatures on an
54 initiative or referendum petition.
55 (10) "Local attorney" means the county attorney, city attorney, or town attorney in
56 whose jurisdiction a local initiative or referendum petition is circulated.

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House Floor Amendments 3-9-2011 le/erb 57

(11) "Local clerk" means the county clerk, city recorder, or town clerk in whose
58 jurisdiction a local initiative or referendum petition is circulated.
59 (12) (a) "Local law" includes an ordinance, resolution, master plan, and any
60 comprehensive zoning regulation adopted by ordinance or resolution.
61 (b) "Local law" does not include an individual property zoning decision.
62 (13) "Local legislative body" means the legislative body of a county, city, or town.
63 (14) "Local obligation law" means a local law passed by the local legislative body
64 regarding the issuance of a bond, note, lease, finance agreement, or other similar obligation.
65 [(14)] (15) "Measure" means a proposed constitutional amendment, an initiative, or
66 referendum.
67 [(15)] (16) "Referendum" means a process by which a law passed by the Legislature or
68 by a local legislative body is submitted or referred to the voters for their approval or rejection.
69 [(16)] (17) "Referendum packet" means a copy of the referendum petition, a copy of
70 the law being submitted or referred to the voters for their approval or rejection, and the
71 signature sheets, all of which have been bound together as a unit.
72 [(17)] (18) "Signature sheets" means sheets in the form required by this chapter that are
73 used to collect signatures in support of an initiative or referendum.
74 [(18)] (19) "Sponsors" means the legal voters who support the initiative or referendum
75 and who sign the application for petition copies.
76 [(19)] (20) "Sufficient" means that the signatures submitted in support of an initiative
77 or referendum petition have been certified and verified as required by this chapter.
78 [(20)] (21) "Verified" means acknowledged by the person circulating the petition as
79 required in Sections 20A-7-205 and 20A-7-305 .
80 Section 2. Section 20A-7-601 is amended to read:
81 20A-7-601. Referenda -- General signature requirements -- Signature
82 requirements for land use laws -- Time requirements.
83 (1) Except as provided in [Subsection] Subsections (2) H. [ and (3) ] .H , a person
83a seeking to
84 have a law passed by the local legislative body submitted to a vote of the people shall obtain
85 legal signatures equal to:
86 (a) 10% of all the votes cast in the county, city, or town for all candidates for governor
87 at the last election at which a governor was elected if the total number of votes exceeds 25,000;

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- 4 - 88 (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
89 governor at the last election at which a governor was elected if the total number of votes does
90 not exceed 25,000 but is more than 10,000;
91 (c) 15% of all the votes cast in the county, city, or town for all candidates for governor
92 at the last election at which a governor was elected if the total number of votes does not exceed
93 10,000 but is more than 2,500;
94 (d) 20% of all the votes cast in the county, city, or town for all candidates for governor
95 at the last election at which a governor was elected if the total number of votes does not exceed
96 2,500 but is more than 500;
97 (e) 25% of all the votes cast in the county, city, or town for all candidates for governor
98 at the last election at which a governor was elected if the total number of votes does not exceed
99 500 but is more than 250; and
100 (f) 30% of all the votes cast in the county, city, or town for all candidates for governor
101 at the last election at which a governor was elected if the total number of votes does not exceed
102 250.
103 (2) (a) As used in this Subsection (2), "land use law" includes a land use development
104 code, an annexation ordinance, and comprehensive zoning ordinances.
105 (b) A person seeking to have a land use law or local obligation law passed by the local
106 legislative body submitted to a vote of the people shall obtain legal signatures equal to:
107 (i) in a county or in a city of the first or second class, 20% of all votes cast in the
108 county or city for all candidates for governor at the last election at which a governor was
109 elected; and
110 (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
111 city or town for all candidates for governor at the last election at which a governor was elected.
112 (3) A local obligation law or a proceeding related to the local obligation law is not
113 subject to referendum except as provided by this section.
114 [(3)] (4) (a) Sponsors of any referendum petition challenging, under Subsection (1) or
115 (2), any local law passed by a local legislative body shall file the petition within 45 days after
116 the passage of the local law.
117 (b) The local law remains in effect until repealed by the voters via referendum.
118 [(4)] (5) If the referendum passes, the local law that was challenged by the referendum

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- 5 - 119 is repealed as of the date of the election.
120 Section 3. Effective date.
121 If approved by two-thirds of all the members elected to each house, this bill takes effect
122 upon approval by the governor, or the day following the constitutional time limit of Utah
123 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
124 the date of veto override.