Senator Jani Iwamoto proposes the following substitute bill:


1     
MUNICIPAL MAYORAL TERM AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: Patrice M. Arent

6     

7     LONG TITLE
8     General Description:
9          This bill allows certain cities to set an alternative election schedule to fill the office of
10     city mayor.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows certain cities to set an alternative election schedule to fill the office of city
14     mayor; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          10-2a-410, as last amended by Laws of Utah 2016, Chapter 14 and further amended by
23     Revisor Instructions, Laws of Utah 2016, Chapter 14
24          10-3-205, as last amended by Laws of Utah 2004, Chapter 202
25     


26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 10-2a-410 is amended to read:
28          10-2a-410. Determination of metro township districts -- Determination of metro
29     township or city initial officer terms -- Adoption of proposed districts.
30          (1) (a) If a metro township with a population of 10,000 or more is incorporated in
31     accordance with an election held under Section 10-2a-404:
32          (i) each of the five metro township council members shall be elected by district; and
33          (ii) the boundaries of the five council districts for election and the terms of office shall
34     be designated and determined in accordance with this section.
35          (b) If a metro township with a population of less than 10,000 or a town is incorporated
36     at an election held in accordance with Section 10-2a-404, the five council members shall be
37     elected at-large for terms as designated and determined in accordance with this section.
38          (c) If a city is incorporated at an election held in accordance with Section 10-2a-404:
39          (i) (A) the four members of the council district who are not the mayor shall be elected
40     by district; and
41          (B) the boundaries of the four council districts for election and the term of office shall
42     be designated and determined in accordance with this section; and
43          (ii) the mayor shall be elected at-large for a term designated and determined in
44     accordance with this section.
45          (2) (a) No later than 90 days after the election day on which the metro township, city,
46     or town is successfully incorporated under this part, the legislative body of the county in which
47     the metro township, city, or town is located shall adopt by resolution:
48          (i) subject to Subsection (2)(b), for each incorporated metro township, city, or town,
49     the council terms for a length of time in accordance with this section; and
50          (ii) (A) for a metro township with a population of 10,000 or more, the boundaries of
51     the five council districts; and
52          (B) for a city, the boundaries of the four council districts.
53          (b) (i) For each metro township, city, or town, the county legislative body shall set the
54     initial terms of the members of the metro township council, city council, or town council so
55     that:
56          (A) except as provided in Subsection (2)(b)(ii), approximately half the members of the

57     council, including the mayor in the case of a city, are elected to serve an initial term, of no less
58     than one year, that allows their successors to serve a full four-year term that coincides with the
59     schedule established in Subsection 10-3-205(1); and
60          (B) the remaining members of the council are elected to serve an initial term, of no less
61     than one year, that allows their successors to serve a full four-year term that coincides with the
62     schedule established in Subsection 10-3-205(2).
63          (ii) For a city that incorporated in a county of the first class in 2016, the term of office
64     for the office of mayor is:
65          (A) three years for the initial term of office; and
66          (B) four years for each subsequent term of office.
67          [(ii)] (iii) For a metro township with a population of 10,000 or more, the county
68     legislative body shall divide the metro township into five council districts that comply with
69     Section 10-3-205.5.
70          [(iii)] (iv) For a city, the county legislative body shall divide the city into four council
71     districts that comply with Section 10-3-205.5.
72          (3) (a) Within 20 days of the county legislative body's adoption of a resolution under
73     Subsection (2), the county clerk shall publish, in accordance with Subsection (3)(b), notice
74     containing:
75          (i) if applicable, a description of the boundaries, as designated in the resolution, of:
76          (A) for a metro township with a population of 10,000 or more, the metro township
77     council districts; or
78          (B) the city council districts;
79          (ii) information about the deadline for filing a declaration of candidacy for those
80     seeking to become candidates for metro township council, city council, town council, or city
81     mayor, respectively; and
82          (iii) information about the length of the initial term of city mayor or each of the metro
83     township, city, or town council offices, as described in the resolution.
84          (b) The notice under Subsection (3)(a) shall be published:
85          (i) in a newspaper of general circulation within the metro township, city, or town at
86     least once a week for two successive weeks; and
87          (ii) in accordance with Section 45-1-101 for two weeks.

88          (c) (i) In accordance with Subsection (3)(b)(i), if there is no newspaper of general
89     circulation within the future metro township, city, or town, the county clerk shall post at least
90     one notice per 1,000 population in conspicuous places within the future metro township, city,
91     or town that are most likely to give notice to the residents of the future metro township, city, or
92     town.
93          (ii) The notice under Subsection (3)(c)(i) shall contain the information required under
94     Subsection (4)(a).
95          (iii) The county clerk shall post the notices under Subsection (3)(c)(i) at least seven
96     days before the deadline for filing a declaration of candidacy under Subsection (3)(d).
97          (d) A person seeking to become a candidate for metro township, city, or town council
98     or city mayor shall, in accordance with Section 20A-9-202, file a declaration of candidacy with
99     the clerk of the county in which the metro township, city, or town is located for an election
100     described in Section 10-2a-411.
101          Section 2. Section 10-3-205 is amended to read:
102          10-3-205. Election of officers in municipalities operating under a city council
103     form of government.
104          [In each] Each municipality operating under a five-member or six-member city council
105     form of government[, the election and terms of office shall be as follows] shall hold municipal
106     elections to fill, for a term of four years, the following offices in the following years :
107          [(1) The offices of mayor and]
108          (1) in the year following a year in which a presidential election is held, the offices of:
109          (a) approximately half the council members [shall be filled in municipal elections held
110     in 1977. The terms shall be for four years. These offices shall be filled every four years in
111     municipal elections.]; and
112          (b) except as provided in Subsection (2)(b) or 10-2a-410(2)(a)(ii), mayor; and
113          (2) [The] in the year preceding a year in which a presidential election is held, the
114     offices of:
115          (a) the remaining council members [shall be filled in a municipal election held in 1979.
116     The terms shall be for four years. These offices shall be filled every four years in municipal
117     elections.]; and
118          (b) for a municipality that elected a mayor in 2015 for a term of four years, mayor.