7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to residency requirements for elected municipal
11 Highlighted Provisions:
12 This bill:
13 ▸ addresses the circumstances under which an elected municipal office is
14 automatically vacant; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 10-3-301, as last amended by Laws of Utah 2014, Chapter 38
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 10-3-301 is amended to read:
26 10-3-301. Notice -- Eligibility and residency requirements for elected municipal
27 office -- Mayor and recorder limitations.
28 (1) As used in this section:
29 (a) "Absent" means that an elected municipal officer fails to perform official duties,
30 including the officer's failure to attend each regularly scheduled meeting that the officer is
31 required to attend.
32 (b) "Principal place of residence" means the same as that term is defined in Section
34 (c) "Secondary residence" means a place where an individual resides other than the
35 individual's principal place of residence.
37 election, the municipal clerk shall publish a notice that identifies:
38 (i) the municipal offices to be voted on in the municipal general election; and
39 (ii) the dates for filing a declaration of candidacy for the offices identified under
40 Subsection [
41 (b) The municipal clerk shall publish the notice described in Subsection [
42 (i) on the Utah Public Notice Website established by Section 63F-1-701; and
43 (ii) in at least one of the following ways:
44 (A) at the principal office of the municipality;
45 (B) in a newspaper of general circulation within the municipality at least once a week
46 for two successive weeks in accordance with Section 45-1-101;
47 (C) in a newsletter produced by the municipality;
48 (D) on a website operated by the municipality; or
49 (E) with a utility enterprise fund customer's bill.
51 the requirements of Section 20A-9-203.
52 (b) (i) Except as provided in Subsection [
53 of each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
54 Subsections 20A-9-203[
55 (A) Saturday or Sunday; or
56 (B) state holiday as listed in Section 63G-1-301.
57 (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
58 is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
60 (A) posting the recorder's or clerk's contact information, including a phone number and
61 email address, on the recorder's or clerk's office door, the main door to the municipal offices,
62 and, if available, on the municipal website; and
63 (B) being available at that contact information from 8 a.m. to 5 p.m. on the dates
64 described in Subsection [
66 municipality in which the person was elected.
69 of office.
71 (b) Except as provided in Subsection (6), an elected municipal office is automatically
72 vacant if the officer elected to the municipal office, during the officer's term of office:
73 (i) establishes a principal place of residence [
74 outside the municipality [
75 (ii) resides at a secondary residence outside the municipality for a continuous period of
76 more than 60 days while still maintaining a principal place of residence within the
79 (iii) is absent from the municipality [
82 (iv) fails to respond to a request, within 30 days after the day on which the elected
83 officer receives the request, from the county clerk or the lieutenant governor seeking
84 information to determine the officer's residency.
85 (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
86 consent of the municipal legislative body in accordance with Subsection (6)(b) before the
87 expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
88 (i) reside at a secondary residence outside the municipality while still maintaining a
89 principal place of residence within the municipality for a continuous period of up to one year
90 during the officer's term of office; or
91 (ii) be absent from the municipality for a continuous period of up to one year during
92 the officer's term of office.
93 (b) At a public meeting, the municipal legislative body may give the consent described
94 in Subsection (6)(a) by majority vote after taking public comment regarding:
95 (i) whether the legislative body should give the consent; and
96 (ii) the length of time to which the legislative body should consent.
98 recorder or treasurer.
99 (b) The recorder of a municipality may not also serve as the municipal treasurer.