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First Substitute S.B. 236

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     


             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.


             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) and (3), a person 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;


             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


             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.


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