Senator Todd Weiler proposes the following substitute bill:


1     
GEOGRAPHIC DIVERSITY AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Mike K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends the signature requirements for an initiative or referendum petition.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires that an initiative or referendum petition in a city, county, or town meet
14     certain signature requirements within a majority of the precincts in the city, county,
15     or town; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-7-101, as last amended by Laws of Utah 2014, Chapters 364 and 396
24          20A-7-501, as last amended by Laws of Utah 2011, Chapter 17
25          20A-7-601, as last amended by Laws of Utah 2014, Chapter 242

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 20A-7-101 is amended to read:
29          20A-7-101. Definitions.
30          As used in this chapter:
31          (1) "Budget officer" means:
32          (a) for a county, the person designated as budget officer in Section 17-19a-203;
33          (b) for a city, the person designated as budget officer in Subsection 10-6-106(5); or
34          (c) for a town, the town council.
35          (2) "Certified" means that the county clerk has acknowledged a signature as being the
36     signature of a registered voter.
37          (3) "Circulation" means the process of submitting an initiative or referendum petition
38     to legal voters for their signature.
39          (4) "Final fiscal impact statement" means a financial statement prepared after voters
40     approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
41     20A-7-502.5(2).
42          (5) "Initial fiscal impact estimate" means:
43          (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an
44     application for an initiative petition; or
45          (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5
46     for an initiative or referendum petition.
47          (6) "Initiative" means a new law proposed for adoption by the public as provided in
48     this chapter.
49          (7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
50     law, and the signature sheets, all of which have been bound together as a unit.
51          (8) "Legal signatures" means the number of signatures of legal voters that:
52          (a) meet the numerical requirements of this chapter; and
53          (b) have been certified and verified as provided in this chapter.
54          (9) "Legal voter" means a person who:
55          (a) is registered to vote; or
56          (b) becomes registered to vote before the county clerk certifies the signatures on an

57     initiative or referendum petition.
58          (10) "Local attorney" means the county attorney, city attorney, or town attorney in
59     whose jurisdiction a local initiative or referendum petition is circulated.
60          (11) "Local clerk" means the county clerk, city recorder, or town clerk in whose
61     jurisdiction a local initiative or referendum petition is circulated.
62          (12) (a) "Local law" includes an ordinance, resolution, master plan, and any
63     comprehensive zoning regulation adopted by ordinance or resolution.
64          (b) "Local law" does not include an individual property zoning decision.
65          (13) "Local legislative body" means the legislative body of a county, city, or town.
66          (14) "Local obligation law" means a local law passed by the local legislative body
67     regarding a bond that was approved by a majority of qualified voters in an election.
68          (15) "Local tax law" means a local law, passed by a political subdivision with an
69     annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
70          (16) "Measure" means a proposed constitutional amendment, an initiative, or
71     referendum.
72          (17) "Precinct" means, for a county, city, or town in which a person seeks to submit an
73     initiative or referendum petition:
74          (a) a voting precinct that is completely within the geographic boundaries of the county,
75     city, or town; or
76          (b) for a voting precinct that is only partially within the geographic boundaries of the
77     county, city, or town, the portion of the voting precinct that is within the geographic boundaries
78     of the county, city, or town.
79          [(17)] (18) "Referendum" means a process by which a law passed by the Legislature or
80     by a local legislative body is submitted or referred to the voters for their approval or rejection.
81          [(18)] (19) "Referendum packet" means a copy of the referendum petition, a copy of
82     the law being submitted or referred to the voters for their approval or rejection, and the
83     signature sheets, all of which have been bound together as a unit.
84          [(19)] (20) (a) "Signature" means a holographic signature.
85          (b) "Signature" does not mean an electronic signature.
86          [(20)] (21) "Signature sheets" means sheets in the form required by this chapter that are
87     used to collect signatures in support of an initiative or referendum.

88          [(21)] (22) "Sponsors" means the legal voters who support the initiative or referendum
89     and who sign the application for petition copies.
90          [(22)] (23) "Sufficient" means that the signatures submitted in support of an initiative
91     or referendum petition have been certified and verified as required by this chapter.
92          [(23)] (24) "Verified" means acknowledged by the person circulating the petition as
93     required in Sections 20A-7-205 and 20A-7-305.
94          Section 2. Section 20A-7-501 is amended to read:
95          20A-7-501. Initiatives.
96          (1) (a) [Except as provided in] Subject to Subsection (1)(b), a person seeking to have
97     an initiative submitted to a local legislative body or to a vote of the people for approval or
98     rejection shall obtain legal signatures equal to:
99          (i) 10% of all the votes cast in the county, city, or town for all candidates for president
100     of the United States at the last election at which a president of the United States was elected if
101     the total number of votes exceeds 25,000;
102          (ii) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
103     president of the United States at the last election at which a president of the United States was
104     elected if the total number of votes does not exceed 25,000 but is more than 10,000;
105          (iii) 15% of all the votes cast in the county, city, or town for all candidates for president
106     of the United States at the last election at which a president of the United States was elected if
107     the total number of votes does not exceed 10,000 but is more than 2,500;
108          (iv) 20% of all the votes cast in the county, city, or town for all candidates for president
109     of the United States at the last election at which a president of the United States was elected if
110     the total number of votes does not exceed 2,500 but is more than 500;
111          (v) 25% of all the votes cast in the county, city, or town for all candidates for president
112     of the United States at the last election at which a president of the United States was elected if
113     the total number of votes does not exceed 500 but is more than 250; and
114          (vi) 30% of all the votes cast in the county, city, or town for all candidates for president
115     of the United States at the last election at which a president of the United States was elected if
116     the total number of votes does not exceed 250.
117          (b) In addition to the signature requirements of Subsection (1)(a), a person seeking to
118     have an initiative submitted to a local legislative body or to a vote of the people for approval or

119     rejection in a county, city, or town [where the local legislative body is elected from council
120     districts] that contains more than two precincts shall obtain, from each of a majority of [council
121     districts] the precincts, legal signatures equal to the percentages established in Subsection
122     (1)(a).
123          (2) If the total number of certified names from each verified signature sheet equals or
124     exceeds the number of names required by this section, the clerk or recorder of the county, city,
125     or town shall deliver the proposed law to the local legislative body at [its] the local legislative
126     body's next meeting.
127          (3) (a) The local legislative body shall either adopt or reject the proposed law without
128     change or amendment within 30 days of receipt of the proposed law.
129          (b) The local legislative body may:
130          (i) adopt the proposed law and refer it to the people;
131          (ii) adopt the proposed law without referring it to the people; or
132          (iii) reject the proposed law.
133          (c) If the local legislative body adopts the proposed law but does not refer it to the
134     people, it is subject to referendum as with other local laws.
135          (d) (i) If a county legislative body rejects a proposed county ordinance or amendment,
136     or takes no action on it, the county clerk shall submit it to the voters of the county at the next
137     regular general election immediately after the petition is filed under Section 20A-7-502.
138          (ii) If a local legislative body rejects a proposed municipal ordinance or amendment, or
139     takes no action on it, the municipal recorder or clerk shall submit it to the voters of the
140     municipality at the next municipal general election immediately after the petition is filed under
141     Section 20A-7-502.
142          (e) (i) If the local legislative body rejects the proposed ordinance or amendment, or
143     takes no action on it, the local legislative body may adopt a competing local law.
144          (ii) The local legislative body shall prepare and adopt the competing local law within
145     the 30 days allowed for its action on the measure proposed by initiative petition.
146          (iii) If the local legislative body adopts a competing local law, the clerk or recorder
147     shall submit it to the voters of the county or municipality at the same election at which the
148     initiative proposal is submitted.
149          (f) If conflicting local laws are submitted to the people at the same election and two or

150     more of the conflicting measures are approved by the people, then the measure that receives the
151     greatest number of affirmative votes shall control all conflicts.
152          Section 3. Section 20A-7-601 is amended to read:
153          20A-7-601. Referenda -- General signature requirements -- Signature
154     requirements for land use laws and subjurisdictional laws -- Time requirements.
155          (1) (a) Except as provided in Subsection (2) or (3), and subject to Subsection (1)(b), a
156     person seeking to have a law passed by the local legislative body submitted to a vote of the
157     people shall obtain legal signatures equal to:
158          [(a)] (i) 10% of all the votes cast in the county, city, or town for all candidates for
159     president of the United States at the last election at which a president of the United States was
160     elected if the total number of votes exceeds 25,000;
161          [(b)] (ii) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
162     president of the United States at the last election at which a president of the United States was
163     elected if the total number of votes does not exceed 25,000 but is more than 10,000;
164          [(c)] (iii) 15% of all the votes cast in the county, city, or town for all candidates for
165     president of the United States at the last election at which a president of the United States was
166     elected if the total number of votes does not exceed 10,000 but is more than 2,500;
167          [(d)] (iv) 20% of all the votes cast in the county, city, or town for all candidates for
168     president of the United States at the last election at which a president of the United States was
169     elected if the total number of votes does not exceed 2,500 but is more than 500;
170          [(e)] (v) 25% of all the votes cast in the county, city, or town for all candidates for
171     president of the United States at the last election at which a president of the United States was
172     elected if the total number of votes does not exceed 500 but is more than 250; and
173          [(f)] (vi) 30% of all the votes cast in the county, city, or town for all candidates for
174     president of the United States at the last election at which a president of the United States was
175     elected if the total number of votes does not exceed 250.
176          (b) In addition to the signature requirements described in Subsection (1)(a), a person
177     seeking to have a law, which was passed by the local legislative body, submitted to a vote of
178     the people in a county, city, or town that contains more than two precincts shall obtain, from
179     each of a majority of the precincts that contain more than 50 registered voters, legal signatures
180     equal to the percentages established in Subsection (1)(a).

181          (2) (a) As used in this Subsection (2), "local land use law" includes [a land use
182     development code, an annexation ordinance, and comprehensive zoning ordinances] an
183     ordinance, resolution, master plan, or comprehensive zoning regulation adopted by ordinance
184     or resolution under Title 10, Chapter 9a, Municipal Land Use, Development, and Management
185     Act, or Title 17, Chapter 27a, County Land Use, Development, and Management Act.
186          (b) Except as provided in Subsection (3), and subject to Subsection (2)(c), a person
187     seeking to have a local land use law or local obligation law passed by the local legislative body
188     submitted to a vote of the people shall obtain legal signatures equal to:
189          (i) in a county or in a city of the first or second class, 20% of all votes cast in the
190     county or city for all candidates for president of the United States at the last election at which a
191     president of the United States was elected; and
192          (ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
193     city or town for all candidates for president of the United States at the last election at which a
194     president of the United States was elected.
195          (c) In addition to the signature requirements described in Subsection (2)(b), a person
196     seeking to have a local land use law or local obligation law, which was passed by the local
197     legislative body, submitted to a vote of the people in a county, city, or town that contains more
198     than two precincts shall obtain, from each of a majority of the precincts that contain more than
199     50 registered voters, legal signatures equal to the percentages established in Subsection (2)(b).
200          (3) (a) As used in this Subsection (3):
201          (i) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
202     jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
203          (ii) "Subjurisdictional law" means a law or local obligation law passed by a local
204     legislative body that imposes a tax or other payment obligation on property in an area that does
205     not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
206          (b) A person seeking to have a subjurisdictional law passed by the local legislative
207     body submitted to a vote of the people shall obtain legal signatures of the residents in the
208     subjurisdiction equal to:
209          (i) 10% of the total votes cast in the subjurisdiction for all candidates for president of
210     the United States at the last election at which a president of the United States was elected if the
211     total number of votes exceeds 25,000;

212          (ii) 12-1/2% of all the votes cast in the subjurisdiction for all candidates for president
213     of the United States at the last election at which a president of the United States was elected if
214     the total number of votes does not exceed 25,000 but is more than 10,000;
215          (iii) 15% of all the votes cast in the subjurisdiction for all candidates for president of
216     the United States at the last election at which a president of the United States was elected if the
217     total number of votes does not exceed 10,000 but is more than 2,500;
218          (iv) 20% of all the votes cast in the subjurisdiction for all candidates for president of
219     the United States at the last election at which a president of the United States was elected if the
220     total number of votes does not exceed 2,500 but is more than 500;
221          (v) 25% of all the votes cast in the subjurisdiction for all candidates for president of the
222     United States at the last election at which a president of the United States was elected if the
223     total number of votes does not exceed 500 but is more than 250; and
224          (vi) 30% of all the votes cast in the subjurisdiction for all candidates for president of
225     the United States at the last election at which a president of the United States was elected if the
226     total number of votes does not exceed 250.
227          (4) (a) Sponsors of any referendum petition challenging, under Subsection (1), (2), or
228     (3) any local law passed by a local legislative body shall file the application within five days
229     after the passage of the local law.
230          (b) Except as provided in Subsection (4)(c), when a referendum petition has been
231     declared sufficient, the local law that is the subject of the petition does not take effect unless
232     and until the local law is approved by a vote of the people.
233          (c) When a referendum petition challenging a subjurisdictional law has been declared
234     sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
235     and until the subjurisdictional law is approved by a vote of the people who reside in the
236     subjurisdiction.
237          (5) If the referendum passes, the local law that was challenged by the referendum is
238     repealed as of the date of the election.
239          (6) Nothing in this section authorizes a local legislative body to impose a tax or other
240     payment obligation on a subjurisdiction in order to benefit an area outside of the
241     subjurisdiction.