H.B. 300
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 19, 2014 at 10:41 AM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 27, 2014 at 4:59 PM by jeyring. --> 1
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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Municipal Code to establish procedures for submitting a
10 nonbinding opinion question to the registered voters of a municipality.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . establishes procedures for submitting a nonbinding opinion question to registered
15 voters of a municipality;
16 . describes the duties of an election official in submitting the opinion question to the
17 voters; H. [
18 . establishes procedures for the ballot form, voter information pamphlet, public
19 notice, and manner of voting H. [
19a . provides a repeal date. .H
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
24a H. AMENDS:
24b 63I-2-210, as last amended by Laws of Utah 2009, Chapter 205 .H
25 ENACTS:
26 10-20-101 , Utah Code Annotated 1953
27 10-20-102 , Utah Code Annotated 1953
28 10-20-103 , Utah Code Annotated 1953
29 10-20-201 , Utah Code Annotated 1953
30 10-20-202 , Utah Code Annotated 1953
31 10-20-203 , Utah Code Annotated 1953
32 10-20-301 , Utah Code Annotated 1953
33 10-20-302 , Utah Code Annotated 1953
34 10-20-303 , Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 10-20-101 is enacted to read:
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40 10-20-101. Title.
41 (1) This chapter is known as "Nonbinding Municipal Opinion Questions."
42 (2) This part is known as "General Provisions."
43 Section 2. Section 10-20-102 is enacted to read:
44 10-20-102. Definitions.
45 (1) "Election official" is as defined in Section 20A-1-102 .
46 (2) "Municipal general election" is as defined in Section 20A-1-102 .
47 (3) "Opinion question" means a nonbinding question that is:
48 (a) submitted to all legal voters of a municipality in accordance with this chapter; and
49 (b) limited to a matter within the municipality's authority to decide or take action upon.
50 (4) "Regular general election" is as defined in Section 20A-1-102 .
51 Section 3. Section 10-20-103 is enacted to read:
52 10-20-103. Exemption.
53 Title 20A, Chapter 7, Issues Submitted to the Voters, does not apply to an opinion
54 question.
55 Section 4. Section 10-20-201 is enacted to read:
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57 10-20-201. Title.
58 This part is known as "Submission of Nonbinding Opinion Question to Voters."
59 Section 5. Section 10-20-202 is enacted to read:
60 10-20-202. Resolution to submit nonbinding opinion question to municipal voters.
61 (1) (a) The governing body of a municipality may submit an opinion question to the
62 legal voters of the municipality by adopting a resolution in accordance with the requirements of
63 this section.
64 (b) An opinion question submitted to the voters in accordance with this chapter is not
65 binding on the municipal governing body.
66 (2) The resolution described in Subsection (1) shall include:
67 (a) a general description in an understandable form of the issue that the governing body
68 intends to submit to the voters;
69 (b) a statement directing the election official to include the opinion question for the
70 approval or rejection of the voters;
71 (c) language designating the date, subject to Subsection (3), of the regular general
72 election or municipal general election in which the opinion question shall be submitted to the
73 voters; and
74 (d) a statement that the result of the election on the opinion question is not binding on
75 the municipal governing body.
76 (3) The municipal legislative body shall designate the next regular or municipal general
77 election, whichever occurs first, that is at least H. [
77a which the legislative
78 body adopts the resolution under Subsection (1).
79 (4) After adoption of the resolution, the governing body shall submit to the election
80 official the resolution with instructions that the opinion question specified in the resolution be
81 submitted to the voters on the election date specified in the resolution.
82 Section 6. Section 10-20-203 is enacted to read:
83 10-20-203. Election official's duties.
84 (1) After receipt of a resolution described in Section 10-20-202 , the election official
85 shall:
86 (a) submit the opinion question to the legal voters of the municipality as required by
87 the resolution;
88 (b) comply with Section 10-20-302 ; and
89 (c) except as provided in Section 10-20-103 , comply with all relevant provisions of
90 Title 20A, Election Code, relating to the conduct of elections.
91 (2) The lieutenant governor may establish additional requirements that are not contrary
92 to law for the election official to facilitate the conduct of the election.
93 Section 7. Section 10-20-301 is enacted to read:
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95 10-20-301. Title.
96 This part is known as "Notice and Ballot."
97 Section 8. Section 10-20-302 is enacted to read:
98 10-20-302. Procedures -- Ballot title -- Publication of nonbinding opinion
99 question.
100 (1) If a municipal legislative body adopts a resolution described in Section 10-20-202 ,
101 the city attorney of the municipality shall no later than H. [
101a of the election:
102 (a) draft a ballot title that summarizes the subject matter of the opinion question; and
103 (b) deliver the ballot title to the election officer.
103a H. (2) The municipal legislative body shall make available a local voter information
103b pamphlet in accordance with Section 20A-7-402
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104a number and ballot
105 title of the opinion question to the election official in accordance with Section 20A-6-107 .
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106a the regular or
107 municipal general election, the election official shall cause the full text of the opinion question
108 to be published in at least one newspaper of general circulation within the municipality.
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109a opinion question to
110 be:
111 (a) printed on the ballot to be used on the election day;
112 (b) printed on the sample ballots; and
113 (c) otherwise published as required by law.
114 Section 9. Section 10-20-303 is enacted to read:
115 10-20-303. Ballot form -- Manner of voting.
116 The election official shall ensure that a ballot containing an opinion question includes:
117 (1) a number and ballot title;
118 (2) the text of the opinion question; and
119 (3) (a) the words "FOR" and "AGAINST," each word presented with an adjacent
120 square in which the voter may indicate the voter's vote; or
121 (b) all possible responses to the opinion question, each response presented with an
122 adjacent square in which the voter may indicate the voter's vote.
122a H. Section 10. Section 63I-2-210 is amended to read:
122b 63I-2-210. Repeal dates -- Title 10.
122c (1) Subsection 10-9a-305(2) is repealed July 1, 2013.
122d (2) Title 10, Chapter 20, Nonbinding Municipal Opinion Questions, is repealed
122e July 1, 2019. .H
Legislative Review Note
as of 1-29-14 11:11 AM