Representative Adam Robertson proposes the following substitute bill:


1     
INITIATIVE AND REFERENDUM AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Adam Robertson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to local initiatives and referenda.
10     Highlighted Provisions:
11          This bill:
12          ▸     reduces the signature thresholds to qualify a local initiative or referendum for the
13     ballot; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-7-501, as last amended by Laws of Utah 2019, Chapter 203
22          20A-7-601, as last amended by Laws of Utah 2021, Chapter 140
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-7-501 is amended to read:
26          20A-7-501. Initiatives -- Signature requirements -- Time requirements.
27          (1) As used in this section:
28          (a) "Number of active voters" means the number of active voters in the county, city, or
29     town on the immediately preceding January 1.
30          (b) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
31     or (2)(b).
32          (2) An eligible voter seeking to have an initiative submitted to a local legislative body
33     or to a vote of the people for approval or rejection shall obtain legal signatures equal to:
34          (a) for a county of the first class:
35          (i) [7.75%] 6.25% of the number of active voters in the county; and
36          (ii) [beginning on January 1, 2020, 7.75%] 6.25% of the number of active voters in at
37     least 75% of the county's voter participation areas;
38          (b) for a metro township with a population of 100,000 or more, or a city of the first
39     class:
40          (i) [7.5%] 6% of the number of active voters in the metro township or city; and
41          (ii) [beginning on January 1, 2020, 7.5%] 6% of the number of active voters in at least
42     75% of the metro township's or city's voter participation areas;
43          (c) for a county of the second class:
44          (i) [8%] 6.5% of the number of active voters in the county; and
45          (ii) [beginning on January 1, 2020, 8%] 6.5% of the number of active voters in at least
46     75% of the county's voter participation areas;
47          (d) for a metro township with a population of 65,000 or more but less than 100,000, or
48     a city of the second class:
49          (i) [8.25%] 6.75% of the number of active voters in the metro township or city; and
50          (ii) [beginning on January 1, 2020, 8.25%] 6.75% of the number of active voters in at
51     least 75% of the metro township's or city's voter participation areas;
52          (e) for a county of the third class:
53          (i) [9.5%] 7.75% of the number of active voters in the county; and
54          (ii) [beginning on January 1, 2020, 9.5%] 7.75% of the number of active voters in at
55     least 75% of the county's voter participation areas;
56          (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
57     city of the third class:
58          (i) [10%] 8% of the number of active voters in the metro township or city; and
59          (ii) [beginning on January 1, 2020, 10%] 8% of the number of active voters in at least
60     75% of the metro township's or city's voter participation areas;
61          (g) for a county of the fourth class:
62          (i) [11.5%] 9.25% of the number of active voters in the county; and
63          (ii) [beginning on January 1, 2020, 11.5%] 9.25% of the number of active voters in at
64     least 75% of the county's voter participation areas;
65          (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
66     city of the fourth class:
67          (i) [11.5%] 9.25% of the number of active voters in the metro township or city; and
68          (ii) [beginning on January 1, 2020, 11.5%] 9.25% of the number of active voters in at
69     least 75% of the metro township's or city's voter participation areas;
70          (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
71     of the fifth class, or a county of the fifth class, [25%] 20% of the number of active voters in the
72     metro township, city, or county; or
73          (j) for a metro township with a population of less than 1,000, a town, or a county of the
74     sixth class, [35%] 28% of the number of active voters in the metro township, town, or county.
75          (3) If the total number of certified names from each verified signature sheet equals or
76     exceeds the number of names required by this section, the clerk or recorder shall deliver the
77     proposed law to the local legislative body at the local legislative body's next meeting.
78          (4) (a) The local legislative body shall either adopt or reject the proposed law without
79     change or amendment within 30 days after the day on which the local legislative body receives
80     the proposed law under Subsection (3).
81          (b) The local legislative body may:
82          (i) adopt the proposed law and refer the proposed law to the people;
83          (ii) adopt the proposed law without referring the proposed law to the people; or
84          (iii) reject the proposed law.
85          (c) If the local legislative body adopts the proposed law but does not refer the proposed
86     law to the people, the proposed law is subject to referendum as with other local laws.
87          (d) (i) If a county legislative body rejects a proposed law, or takes no action on a
88     proposed law, the county clerk shall submit the proposed law to the voters of the county at the
89     next regular general election immediately after the petition for the proposed law is filed under
90     Section 20A-7-502.
91          (ii) If a local legislative body of a municipality rejects a proposed law, or takes no
92     action on a proposed law, the municipal recorder or clerk shall submit the proposed law to the
93     voters of the municipality at the next municipal general election immediately after the petition
94     is filed under Section 20A-7-502.
95          (e) (i) If a local legislative body rejects a proposed law, or takes no action on a
96     proposed law, the local legislative body may adopt a competing local law.
97          (ii) The local legislative body shall prepare and adopt the competing local law within
98     the 30-day period described in Subsection (4)(a).
99          (iii) If a local legislative body adopts a competing local law, the clerk or recorder shall
100     refer the competing local law to the voters of the county or municipality at the same election at
101     which the initiative proposal is submitted under Subsection (4)(d).
102          (f) If conflicting local laws are submitted to the people at the same election and two or
103     more of the conflicting measures are approved by the people, the measure that receives the
104     greatest number of affirmative votes shall control all conflicts.
105          Section 2. Section 20A-7-601 is amended to read:
106          20A-7-601. Referenda -- General signature requirements -- Signature
107     requirements for land use laws and subjurisdictional laws -- Time requirements.
108          (1) As used in this section:
109          (a) "Number of active voters" means the number of active voters in the county, city, or
110     town on the immediately preceding January 1.
111          (b) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
112     jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
113          (c) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
114     local legislative body that imposes a tax or other payment obligation on property in an area that
115     does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
116     or metro township.
117          (ii) "Subjurisdictional law" does not include a land use law.
118          (d) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
119     or (2)(b).
120          (2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
121     law passed by the local legislative body submitted to a vote of the people shall obtain legal
122     signatures equal to:
123          (a) for a county of the first class:
124          (i) [7.75%] 6.25% of the number of active voters in the county; and
125          (ii) [beginning on January 1, 2020, 7.75%] 6.25% of the number of active voters in at
126     least 75% of the county's voter participation areas;
127          (b) for a metro township with a population of 100,000 or more, or a city of the first
128     class:
129          (i) [7.5%] 6% of the number of active voters in the metro township or city; and
130          (ii) [beginning on January 1, 2020, 7.5%] 6% of the number of active voters in at least
131     75% of the metro township's or city's voter participation areas;
132          (c) for a county of the second class:
133          (i) [8%] 6.5% of the number of active voters in the county; and
134          (ii) [beginning on January 1, 2020, 8%] 6.5% of the number of active voters in at least
135     75% of the county's voter participation areas;
136          (d) for a metro township with a population of 65,000 or more but less than 100,000, or
137     a city of the second class:
138          (i) [8.25%] 6.75% of the number of active voters in the metro township or city; and
139          (ii) [beginning on January 1, 2020, 8.25%] 6.75% of the number of active voters in at
140     least 75% of the metro township's or city's voter participation areas;
141          (e) for a county of the third class:
142          (i) [9.5%] 7.75% of the number of active voters in the county; and
143          (ii) [beginning on January 1, 2020, 9.5%] 7.75% of the number of active voters in at
144     least 75% of the county's voter participation areas;
145          (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
146     city of the third class:
147          (i) [10%] 8% of the number of active voters in the metro township or city; and
148          (ii) [beginning on January 1, 2020, 10%] 8% of the number of active voters in at least
149     75% of the metro township's or city's voter participation areas;
150          (g) for a county of the fourth class:
151          (i) [11.5%] 9.25% of the number of active voters in the county; and
152          (ii) [beginning on January 1, 2020, 11.5%] 9.25% of the number of active voters in at
153     least 75% of the county's voter participation areas;
154          (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
155     city of the fourth class:
156          (i) [11.5%] 9.25% of the number of active voters in the metro township or city; and
157          (ii) [beginning on January 1, 2020, 11.5%] 9.25% of the number of active voters in at
158     least 75% of the metro township's or city's voter participation areas;
159          (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
160     of the fifth class, or a county of the fifth class, [25%] 20% of the number of active voters in the
161     metro township, city, or county; or
162          (j) for a metro township with a population of less than 1,000, a town, or a county of the
163     sixth class, [35%] 28% of the number of active voters in the metro township, town, or county.
164          (3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
165     law or local obligation law passed by the local legislative body submitted to a vote of the
166     people shall obtain legal signatures equal to:
167          (a) for a county [of the first, second, third, or fourth class]:
168          (i) [16%] 13% of the number of active voters in the county; and
169          (ii) [beginning on January 1, 2020, 16%] 13% of the number of active voters in at least
170     75% of the county's voter participation areas;
171          [(b) for a county of the fifth or sixth class:]
172          [(i) 16% of the number of active voters in the county; and]
173          [(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
174     of the county's voter participation areas;]
175          [(c)] (b) for a metro township with a population of 100,000 or more, or a city of the
176     first class:
177          (i) [15%] 12% of the number of active voters in the metro township or city; and
178          (ii) [beginning on January 1, 2020, 15%] 12% of the number of active voters in at least
179     75% of the metro township's or city's voter participation areas;
180          [(d)] (c) for a metro township with a population of 65,000 or more but less than
181     100,000, or a city of the second class:
182          (i) [16%] 12.75% of the number of active voters in the metro township or city; and
183          (ii) [beginning on January 1, 2020, 16%] 12.75% of the number of active voters in at
184     least 75% of the metro township's or city's voter participation areas;
185          [(e)] (d) for a metro township with a population of 30,000 or more but less than
186     65,000, or a city of the third class:
187          (i) [27.5%] 22% of the number of active voters in the metro township or city; and
188          (ii) [beginning on January 1, 2020, 27.5%] 22% of the number of active voters in at
189     least 75% of the metro township's or city's voter participation areas;
190          [(f)] (e) for a metro township with a population of 10,000 or more but less than 30,000,
191     or a city of the fourth class:
192          (i) [29%] 23.25% of the number of active voters in the metro township or city; and
193          (ii) [beginning on January 1, 2020, 29%] 23.25% of the number of active voters in at
194     least 75% of the metro township's or city's voter participation areas;
195          [(g)] (f) for a metro township with a population of 1,000 or more but less than 10,000,
196     or a city of the fifth class, [35%] 28% of the number of active voters in the metro township or
197     city; or
198          [(h)] (g) for a metro township with a population of less than 1,000 or a town, [40%]
199     32% of the number of active voters in the metro township or town.
200          (4) A person seeking to have a subjurisdictional law passed by the local legislative
201     body submitted to a vote of the people shall obtain legal signatures of the residents in the
202     subjurisdiction equal to:
203          (a) [10%] 8% of the number of active voters in the subjurisdiction if the number of
204     active voters exceeds 25,000;
205          (b) [12-1/2%] 10% of the number of active voters in the subjurisdiction if the number
206     of active voters does not exceed 25,000 but is more than 10,000;
207          (c) [15%] 12% of the number of active voters in the subjurisdiction if the number of
208     active voters does not exceed 10,000 but is more than 2,500;
209          (d) [20%] 16% of the number of active voters in the subjurisdiction if the number of
210     active voters does not exceed 2,500 but is more than 500;
211          (e) [25%] 20% of the number of active voters in the subjurisdiction if the number of
212     active voters does not exceed 500 but is more than 250; and
213          (f) [30%] 24% of the number of active voters in the subjurisdiction if the number of
214     active voters does not exceed 250.
215          (5) Sponsors of any referendum petition challenging, under Subsection (2), (3), or (4),
216     any local law passed by a local legislative body shall file the application before 5 p.m. within
217     seven days after the day on which the local law was passed.
218          (6) Nothing in this section authorizes a local legislative body to impose a tax or other
219     payment obligation on a subjurisdiction in order to benefit an area outside of the
220     subjurisdiction.