1     
METRO TOWNSHIP REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: LaVar Christensen

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the election of metro township council
10     members.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides for council members of a metro township with a population of 10,000 or
14     more to be elected by district;
15          ▸     provides for council members of a metro township with a population of less than
16     10,000 to be elected at-large;
17          ▸     addresses the status of a candidate's declaration of candidacy for a metro township
18     council in a metro township with a population of less than 10,000; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24          This bill provides revisor instructions.
25     Utah Code Sections Affected:
26     AMENDS:
27          10-2a-410, as enacted by Laws of Utah 2015, Chapter 352
28          10-2a-411, as enacted by Laws of Utah 2015, Chapter 352
29          10-3-205.5, as last amended by Laws of Utah 2015, Chapter 352
30          63I-2-210, as last amended by Laws of Utah 2015, Chapters 157, 352, and 465
31     Utah Code Sections Affected by Revisor Instructions:
32          10-2a-410, as enacted by Laws of Utah 2015, Chapter 352
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 10-2a-410 is amended to read:
36          10-2a-410. Determination of metro township districts -- Determination of metro
37     township or city initial officer terms -- Adoption of proposed districts.
38          (1) (a) If a metro township with a population of 10,000 or more is incorporated in
39     accordance with an election held under Section 10-2a-404:
40          [(a)] (i) each of the five metro township council members shall be elected by district;
41     and
42          [(b)] (ii) the boundaries of the five council districts for election and the terms of office
43     shall be designated and determined in accordance with this section.
44          [(2) (a)] (b) If a metro township with a population of less than 10,000 or a town is
45     incorporated at an election held in accordance with Section 10-2a-404, the five council
46     members shall be elected [at large] at-large for terms as designated and determined in
47     accordance with this section.
48          [(b)] (c) If a city is incorporated at an election held in accordance with Section
49     10-2a-404:
50          (i) (A) the four members of the council district who are not the mayor shall be elected
51     by district; and
52          (B) the boundaries of the four council districts for election and the term of office shall
53     be designated and determined in accordance with this section; and
54          (ii) the mayor shall be elected [at large] at-large for a term designated and determined
55     in accordance with this section.
56          [(3)] (2) (a) No later than 90 days after the election day on which the metro township,
57     city, or town is successfully incorporated under this part, the legislative body of the county in
58     which the metro township, city, or town is located shall adopt by resolution:
59          (i) subject to Subsection [(3)] (2)(b), for each incorporated metro township, city, or
60     town, the council terms for a length of time in accordance with this section; and
61          (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
62     the five council districts; and
63          (B) for a city, the boundaries of the four council districts.
64          (b) (i) For each metro township, city, or town, the county legislative body shall set the
65     initial terms of the members of the metro township council, city council, or town council so
66     that:
67          (A) approximately half the members of the council, including the mayor in the case of
68     a city, are elected to serve an initial term, of no less than one year, that allows their successors
69     to serve a full four-year term that coincides with the schedule established in Subsection
70     10-3-205(1); and
71          (B) the remaining members of the council are elected to serve an initial term, of no less
72     than one year, that allows their successors to serve a full four-year term that coincides with the
73     schedule established in Subsection 10-3-205(2).
74          (ii) For a metro township with a population of 10,000 or more, the county legislative
75     body shall divide the metro township into five council districts that comply with Section
76     10-3-205.5.
77          (iii) For a city, the county legislative body shall divide the city into four council
78     districts that comply with Section 10-3-205.5.
79          [(4)] (3) (a) Within 20 days of the county legislative body's adoption of a resolution
80     under Subsection [(3)] (2), the county clerk shall publish, in accordance with Subsection [(4)]
81     (3)(b), notice containing:
82          (i) if applicable, a description of the boundaries, as designated in the resolution, of:
83          (A) for a metro township with a population of 10,000 or more, the metro township
84     council districts; or
85          (B) the city council districts [as designated in the resolution];
86          (ii) information about the deadline for filing a declaration of candidacy for those
87     seeking to become candidates for metro township council, city council, town council, or city
88     mayor, respectively; and
89          (iii) information about the length of the initial term of city mayor or each of the metro
90     township, city, or town council offices, as described in the resolution.
91          (b) The notice under Subsection [(4)] (3)(a) shall be published:
92          (i) in a newspaper of general circulation within the metro township, city, or town at
93     least once a week for two successive weeks; and
94          (ii) in accordance with Section 45-1-101 for two weeks.
95          (c) (i) In accordance with Subsection [(4)] (3)(b)(i), if there is no newspaper of general
96     circulation within the future metro township, city, or town, the county clerk shall post at least
97     one notice per 1,000 population in conspicuous places within the future metro township, city,
98     or town that are most likely to give notice to the residents of the future metro township, city, or
99     town.
100          (ii) The notice under Subsection [(4)] (3)(c)(i) shall contain the information required
101     under Subsection (4)(a).
102          (iii) The county clerk shall post the notices under Subsection [(4)] (3)(c)(i) at least
103     seven days before the deadline for filing a declaration of candidacy under Subsection [(4)]
104     (3)(d)(i).
105          (d) (i) A person seeking to become a candidate for metro township, city, or town
106     council or city mayor shall, in accordance with Section 20A-9-202, file a declaration of
107     candidacy with the clerk of the county in which the metro township, city, or town is located for
108     an election described in Section 10-2a-411.
109          (ii) (A) On the effective date of this bill, a candidate for metro township council in a
110     metro township with a population of less than 10,000 who filed a declaration of candidacy for
111     the metro township council before the effective date of this bill is an at-large candidate, not a
112     district candidate, for the metro township council.
113          (B) The county clerk shall send a letter to each affected candidate by certified mail that
114     explains the change described in Subsection (3)(d)(ii)(A).
115          Section 2. Section 10-2a-411 is amended to read:
116          10-2a-411. Election of officers of new city, town, or metro township.
117          (1) For the election of the initial office holders of a metro township, city, or town,
118     respectively, incorporated under Section 10-2a-404, the county legislative body shall:
119          (a) unless a primary election is prohibited by Subsection 20A-9-404(2), hold a primary
120     election at the next regular primary election, as described in Section 20A-1-201.5, following
121     the November 3, 2015, election to incorporate; and
122          (b) hold a final election at the next regular general election date following the election
123     to incorporate.
124          (2) [An election] The number of officers elected under Subsection (1) [for the officers
125     of]:
126          (a) for a metro township [shall be consistent with the number of council members as
127     described in Subsection 10-2a-404(1)(b)(i); and], regardless of the metro township's
128     population, shall be consistent with the number of council members described in Subsection
129     10-2a-404(1)(b)(i); or
130          (b) for a city or town, shall be consistent with the number of council members,
131     including the city mayor as a member of a city council, described in Subsection
132     10-2a-404(1)(b)(ii).
133          [(3) (a) (i) The county clerk shall publish notice of an election under this section:]
134          [(A) at least once a week for two successive weeks in a newspaper of general
135     circulation within the future metro township, city, or town; and]
136          [(B) in accordance with Section 45-1-101 for two weeks.]
137          [(ii) The later notice under Subsection (3)(a)(i) shall be at least one day but no more
138     than seven days before the election.]
139          [(b) (i) In accordance with Subsection (3)(a)(i)(A), if there is no newspaper of general
140     circulation within the future metro township, city, or town, the county clerk shall post at least
141     one notice of the election per 1,000 population in conspicuous places within the future metro
142     township, city, or town that are most likely to give notice of the election to the voters.]
143          [(ii) The county clerk shall post the notices under Subsection (3)(b)(i) at least seven
144     days before each election under Subsection (1).]
145          [(4)] (3) (a) Until the metro township, city, or town is incorporated, the county clerk is
146     the election officer for all purposes in an election of officers of the metro township, city, or
147     town.
148          (b) The county clerk is responsible to ensure that:
149          (i) if applicable, the primary election described in Subsection (1)(a) is held on the date
150     described in Subsection (1)(a);
151          (ii) the final election described in Subsection (1)(b) is held on the date described in
152     Subsection (1)(b); and
153          (iii) the ballot for each election includes each office that is required to be included for
154     officials in the metro township, city, or town, and the length of term of each office.
155          [(5)] (4) The officers elected at an election described in Subsection (1)(b) shall take
156     office at noon on the first Monday in January next following the election.
157          Section 3. Section 10-3-205.5 is amended to read:
158          10-3-205.5. At-large election of officers -- Election of commissioners or council
159     members.
160          (1) Except as provided in Subsection (2), (3), or (4), the officers of each city shall be
161     elected in an at-large election held at the time and in the manner provided for electing
162     municipal officers.
163          (2) (a) The governing body of a city may by ordinance provide for the election of some
164     or all commissioners or council members, as the case may be, by district equal in number to the
165     number of commissioners or council members elected by district.
166          (b) (i) Each district shall be of substantially equal population as the other districts.
167          (ii) Within six months after the Legislature completes its redistricting process, the
168     governing body of each city that has adopted an ordinance under Subsection (2)(a) shall make
169     any adjustments in the boundaries of the districts as may be required to maintain districts of
170     substantially equal population.
171          (3) (a) The municipal council members of a metro township, as defined in Section
172     10-2a-403, are elected:
173          (i) for a metro township with a population of 10,000 or more, by district in accordance
174     with Subsection 10-2a-410(1)(a)[(i)]; or
175          (ii) [at large] for a metro township with a population of less than 10,000, at-large in
176     accordance with Subsection 10-2a-410(1)(b).
177          (b) The council districts in a metro township with a population of 10,000 or more shall
178     comply with the requirements of Subsections (2)(b)(i) and (ii).
179          (4) (a) For a city incorporated in accordance with Chapter 2a, Part 4, Incorporation of
180     Metro Townships and Unincorporated Islands in a County of the First Class on and after May
181     12, 2015:
182          (i) the council members are elected by district in accordance with Section 10-2a-410;
183     and
184          (ii) the mayor is elected [at large] at-large in accordance with Section 10-2a-410.
185          (b) The council districts in a city described in Subsection (4)(a) shall comply with the
186     requirements of Subsections (2)(b)(i) and (ii).
187          Section 4. Section 63I-2-210 is amended to read:
188          63I-2-210. Repeal dates -- Title 10.
189          (1) Subsection 10-2a-106(2), the language that states ", including a township
190     incorporation procedure as defined in Section 10-2a-105," is repealed July 1, 2016.
191          (2) Subsection 10-2a-410(3)(d)(ii) is repealed January 1, 2017.
192          [(2)] (3) Section 10-2a-105 is repealed July 1, 2016.
193          [(3)] (4) Subsection 10-9a-304(2) is repealed June 1, 2016.
194          Section 5. Effective date.
195          If approved by two-thirds of all the members elected to each house, this bill takes effect
196     upon approval by the governor, or the day following the constitutional time limit of Utah
197     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
198     the date of veto override.
199          Section 6. Revisor instructions.
200          It is the intent of the Legislature that, in preparing the Utah Code database for
201     publication, the Office of Legislative Research and General Counsel replace the phrase "the
202     effective date of this bill" in Subsection 10-2a-410(3)(d)(ii) with the bill's actual effective date.




Legislative Review Note
Office of Legislative Research and General Counsel