! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines for remote public comment

H.B. 238

             1     

LOCAL REFERENDUM REQUIREMENTS AMENDMENTS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Kraig Powell

             5     
Senate Sponsor: Kevin T. Van Tassell

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions of the Election Code relating to local referenda.
             10      Highlighted Provisions:
             11          This bill:
             12          .    defines terms;
             13          .    provides that when a law passed by a local legislative body imposes a tax or other
             14      payment obligation on property in an area that does not include all precincts and
             15      subprecincts under the jurisdiction of the county, city, or town, the signatures
             16      required for a referendum, and the subsequent vote on the referendum, shall be by
             17      residents of the precincts and subprecincts to which the tax or other payment
             18      obligation applies;
             19          .    establishes the number of signatures required for a referendum relating to a law
             20      described in the preceding paragraph; and
             21          .    makes technical changes.
             22      Money Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          None
             26      Utah Code Sections Affected:
             27      AMENDS:


             28           20A-7-601 , as last amended by Laws of Utah 2012, Chapter 72
             29     
             30      Be it enacted by the Legislature of the state of Utah:
             31          Section 1. Section 20A-7-601 is amended to read:
             32           20A-7-601. Referenda -- General signature requirements -- Signature
             33      requirements for land use laws and subjurisdictional laws -- Time requirements.
             34          (1) Except as provided in Subsection (2) or (3), a person seeking to have a law passed
             35      by the local legislative body submitted to a vote of the people shall obtain legal signatures
             36      equal to:
             37          (a) 10% of all the votes cast in the county, city, or town for all candidates for president
             38      of the United States at the last election at which a president of the United States was elected if
             39      the total number of votes exceeds 25,000;
             40          (b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
             41      president of the United States at the last election at which a president of the United States was
             42      elected if the total number of votes does not exceed 25,000 but is more than 10,000;
             43          (c) 15% of all the votes cast in the county, city, or town for all candidates for president
             44      of the United States at the last election at which a president of the United States was elected if
             45      the total number of votes does not exceed 10,000 but is more than 2,500;
             46          (d) 20% of all the votes cast in the county, city, or town for all candidates for president
             47      of the United States at the last election at which a president of the United States was elected if
             48      the total number of votes does not exceed 2,500 but is more than 500;
             49          (e) 25% of all the votes cast in the county, city, or town for all candidates for president
             50      of the United States at the last election at which a president of the United States was elected if
             51      the total number of votes does not exceed 500 but is more than 250; and
             52          (f) 30% of all the votes cast in the county, city, or town for all candidates for president
             53      of the United States at the last election at which a president of the United States was elected if
             54      the total number of votes does not exceed 250.
             55          (2) (a) As used in this Subsection (2), "land use law" includes a land use development
             56      code, an annexation ordinance, and comprehensive zoning ordinances.
             57          (b) [A] Except as provided in Subsection (3), a person seeking to have a land use law
             58      or local obligation law passed by the local legislative body submitted to a vote of the people


             59      shall obtain legal signatures equal to:
             60          (i) in a county or in a city of the first or second class, 20% of all votes cast in the
             61      county or city for all candidates for president of the United States at the last election at which a
             62      president of the United States was elected; and
             63          (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
             64      city or town for all candidates for president of the United States at the last election at which a
             65      president of the United States was elected.
             66          (3) (a) As used in this Subsection (3):
             67          (i) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
             68      jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
             69          (ii) "Subjurisdictional law" means a law or local obligation law passed by a local
             70      legislative body that imposes a tax or other payment obligation on property in an area that does
             71      not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
             72          (b) A person seeking to have a subjurisdictional law passed by the local legislative
             73      body submitted to a vote of the people shall obtain legal signatures of the residents in the
             74      subjurisdiction equal to:
             75          (i) 10% of the total votes cast in the subjurisdiction for all candidates for president of
             76      the United States at the last election at which a president of the United States was elected if the
             77      total number of votes exceeds 25,000;
             78          (ii) 12-1/2% of all the votes cast in the subjurisdiction for all candidates for president
             79      of the United States at the last election at which a president of the United States was elected if
             80      the total number of votes does not exceed 25,000 but is more than 10,000;
             81          (iii) 15% of all the votes cast in the subjurisdiction for all candidates for president of
             82      the United States at the last election at which a president of the United States was elected if the
             83      total number of votes does not exceed 10,000 but is more than 2,500;
             84          (iv) 20% of all the votes cast in the subjurisdiction for all candidates for president of
             85      the United States at the last election at which a president of the United States was elected if the
             86      total number of votes does not exceed 2,500 but is more than 500;
             87          (v) 25% of all the votes cast in the subjurisdiction for all candidates for president of the
             88      United States at the last election at which a president of the United States was elected if the
             89      total number of votes does not exceed 500 but is more than 250; and


             90          (vi) 30% of all the votes cast in the subjurisdiction for all candidates for president of
             91      the United States at the last election at which a president of the United States was elected if the
             92      total number of votes does not exceed 250.
             93          [(3)] (4) (a) Sponsors of any referendum petition challenging, under Subsection (1)
             94      [or], (2), or (3) any local law passed by a local legislative body shall file the application within
             95      five days after the passage of the local law.
             96          (b) [When] Except as provided in Subsection (4)(c), when a referendum petition has
             97      been declared sufficient, the local law that is the subject of the petition does not take effect
             98      unless and until the local law is approved by a vote of the people.
             99          (c) When a referendum petition challenging a subjurisdictional law has been declared
             100      sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
             101      and until the subjurisdictional law is approved by a vote of the people who reside in the
             102      subjurisdiction.
             103          [(4)] (5) If the referendum passes, the local law that was challenged by the referendum
             104      is repealed as of the date of the election.




Legislative Review Note
    as of 11-13-13 2:13 PM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]