H.B. 186 Local Government Official Residency Amendments
Bill Sponsor: ![]() Rep. Perry, Lee B. | Floor Sponsor: ![]() Sen. Harper, Wayne A. |
- Drafting Attorney: Michael E. Curtis
- Fiscal Analyst: Jill L.Curry
- Bill Text
- Introduced
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 20 Mar 2017, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 9 May 2017
- Session Law Chapter: 137
- Sections Affected
Enrolled
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H.B. 186
1 LOCAL GOVERNMENT OFFICIAL RESIDENCY AMENDMENTS
22017 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Lee B. Perry
5Senate Sponsor: Wayne A. Harper
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to residency requirements for elected municipal
10 officers.
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:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-301, as last amended by Laws of Utah 2014, Chapter 38
23
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
33 20A-2-105.
34 (c) "Secondary residence" means a place where an individual resides other than the
35 individual's principal place of residence.
36 [(1)] (2) (a) On or before February 1 in a year in which there is a municipal general
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 [(1)] (2)(a)(i).
41 (b) The municipal clerk shall publish the notice described in Subsection [(1)] (2)(a):
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.
50 [(2)] (3) (a) A person filing a declaration of candidacy for a municipal office shall meet
51 the requirements of Section 20A-9-203.
52 (b) (i) Except as provided in Subsection [(2)] (3)(b)(ii), the city recorder or town clerk
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[(2)](3)(a)(i) and (b)(i) unless the date occurs on a:
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
59 [(2)] (3)(b)(i) without maintaining office hours by:
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 [(2)] (3)(b)(i).
65 [(3)] (4) Any person elected to municipal office shall be a registered voter in the
66 municipality in which the person was elected.
67 [(4)] (5) (a) Each elected officer of a municipality shall maintain [residency within the
68boundaries of] a principal place of residence within the municipality during the officer's term
69 of office.
70 [(b) If an elected officer of a municipality]
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 [as provided in Section 20A-2-105]
74 outside the municipality [during the officer's term of office, the office is automatically vacant.];
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
77 municipality;
78 [(5) If an elected municipal officer]
79 (iii) is absent from the municipality [any time during the officer's term of office for a
80continuous period of more than 60 days without the consent of the municipal legislative body,
81the municipal office is automatically vacant.] for a continuous period of more than 60 days; or
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.
97 [(6)] (7) (a) [A] The mayor of a municipality may not also serve as the municipal
98 recorder or treasurer.
99 (b) The recorder of a municipality may not also serve as the municipal treasurer.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to residency requirements for elected municipal
10 officers.
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:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-301, as last amended by Laws of Utah 2014, Chapter 38
23
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
33 20A-2-105.
34 (c) "Secondary residence" means a place where an individual resides other than the
35 individual's principal place of residence.
36 [
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.
50 [
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
59 [
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 [
65 [
66 municipality in which the person was elected.
67 [
68
69 of office.
70 [
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
77 municipality;
78 [
79 (iii) is absent from the municipality [
80
81
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.
97 [
98 recorder or treasurer.
99 (b) The recorder of a municipality may not also serve as the municipal treasurer.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/24/2017 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
1/24/2017 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/25/2017 | House/ received bill from Legislative Research | Clerk of the House | |
1/25/2017 | House/ 1st reading (Introduced) | House Rules Committee | |
1/31/2017 | House/ to standing committee | House Political Subdivisions Committee | |
2/2/2017 | House Comm - Amendment Recommendation # 1 | House Political Subdivisions Committee | 10 0 3 |
2/2/2017 | House Comm - Favorable Recommendation | House Political Subdivisions Committee | 10 0 3 |
2/3/2017 (11:31:22 AM) | House/ comm rpt/ amended | House Political Subdivisions Committee | |
2/3/2017 (11:31:23 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/15/2017 (3:29:08 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/15/2017 (3:30:23 PM) | House/ substituted from # 0 to # 1 | House 3rd Reading Calendar for House bills | Voice vote |
2/15/2017 (3:36:31 PM) | House/ passed 3rd reading | Senate Secretary | 71 1 3 |
2/15/2017 (3:36:33 PM) | House/ held | House Docket Clerk | |
2/16/2017 | House/ to Senate | Senate Secretary | |
2/16/2017 | LFA/ fiscal note publicly available | Senate Secretary | |
2/17/2017 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/17/2017 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/21/2017 | Senate/ to standing committee | Senate Government Operations and Political Subdivisions Committee | |
2/24/2017 | Senate Comm - Favorable Recommendation | Senate Government Operations and Political Subdivisions Committee | 5 0 3 |
2/24/2017 (2:25:36 PM) | Senate/ committee report favorable | Senate Government Operations and Political Subdivisions Committee | |
2/24/2017 (2:25:37 PM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
3/2/2017 (3:34:06 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
3/2/2017 (3:34:21 PM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
3/6/2017 (6:39:33 PM) | Senate/ uncircled | Senate 2nd Reading Calendar | Voice vote |
3/6/2017 (6:42:23 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 28 0 1 |
3/7/2017 (10:09:04 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
3/7/2017 (10:11:58 AM) | Senate/ passed 3rd reading | Senate President | 27 0 2 |
3/7/2017 (10:11:59 AM) | Senate/ signed by President/ returned to House | House Speaker | |
3/7/2017 (10:12:00 AM) | Senate/ to House | House Speaker | |
3/7/2017 | House/ received from Senate | House Speaker | |
3/7/2017 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/7/2017 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/7/2017 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/16/2017 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/16/2017 | House/ enrolled bill to Printing | Clerk of the House | |
3/16/2017 | House/ to Governor | Executive Branch - Governor | |
3/20/2017 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 24 (2/15/2017) [HB186S1]
- Senate Floor Audio, Day 38 (3/2/2017) [1 HB 186 Local Government Official Residency Amendments, Harper]
- Senate Floor Audio, Day 42 (3/6/2017) [1 HB 186 Local Government Official Residency Amendments, Harper]
- Senate Floor Audio, Day 43 (3/7/2017) [1 HB 186 Local Government Official Residency Amendments, Harper]