S.B. 199 Local Land Use Amendments
Bill Sponsor: ![]() Sen. McKell, Michael K. | Floor Sponsor: ![]() Rep. Schultz, Mike |
- Drafting Attorney: Gregory N. Gunn
- Fiscal Analyst: Maddy Oritt
- Bill Tracking
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 23 Mar 2023, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 3 May 2023
- Session Law Chapter: 504
- Similar Bills
- Sections Affected
Enrolled
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S.B. 199
1 LOCAL LAND USE AMENDMENTS
22023 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Michael K. McKell
5House Sponsor: Mike Schultz
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding referenda.
10 Highlighted Provisions:
11 This bill:
12 ▸ disallows referral of a referendum to voters for municipal land use laws that passed
13 by a unanimous vote of the local legislative body.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-7-602.8, as last amended by Laws of Utah 2022, Chapters 325, 406
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-7-602.8 is amended to read:
24 20A-7-602.8. Referability to voters of local land use law.
25 (1) Within 20 days after the day on which an eligible voter files an application to
26 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
27 county, city, town, or metro township to which the referendum pertains shall:
28 (a) review the application to determine whether the proposed referendum is legally
29 referable to voters; and
30 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
31 (i) legally referable to voters; or
32 (ii) rejected as not legally referable to voters.
33 (2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
34 legally referable to voters unless:
35 (i) the proposed referendum challenges an action that is administrative, rather than
36 legislative, in nature;
37 (ii) the proposed referendum challenges a land use decision, rather than a land use
38 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
39 (iii) the proposed referendum challenges more than one law passed by the local
40 legislative body; or
41 (iv) the application for the proposed referendum was not timely filed or does not
42 comply with the requirements of this part.
43 (b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
44 legally referable to voters for a:
45 (i) municipal land use law, as defined in Section 20A-7-101, if the land use law was
46 passed by a unanimous vote of the local legislative body; or
47 (ii) transit area land use law, as defined in Section 20A-7-601, if the transit area land
48 use law was passed by a two-thirds vote of the local legislative body.
49 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
50 or metro township may not, for a land use law:
51 (a) reject a proposed referendum as not legally referable to voters; or
52 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
53 proposed referendum on the grounds that the proposed referendum is not legally referable to
54 voters.
55 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
56 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
57 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
58 to:
59 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
60 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
61 under Subsection (4)(a)(i).
62 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
63 (4)(a) terminates the referendum.
64 (5) If, on challenge or appeal, the court determines that the proposed referendum is
65 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give
66 the sponsors access to the website defined in Section 20A-21-101, within five days after the
67 day on which the determination, and any challenge or appeal of the determination, is final.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding referenda.
10 Highlighted Provisions:
11 This bill:
12 ▸ disallows referral of a referendum to voters for municipal land use laws that passed
13 by a unanimous vote of the local legislative body.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-7-602.8, as last amended by Laws of Utah 2022, Chapters 325, 406
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-7-602.8 is amended to read:
24 20A-7-602.8. Referability to voters of local land use law.
25 (1) Within 20 days after the day on which an eligible voter files an application to
26 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the
27 county, city, town, or metro township to which the referendum pertains shall:
28 (a) review the application to determine whether the proposed referendum is legally
29 referable to voters; and
30 (b) notify the first three sponsors, in writing, whether the proposed referendum is:
31 (i) legally referable to voters; or
32 (ii) rejected as not legally referable to voters.
33 (2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
34 legally referable to voters unless:
35 (i) the proposed referendum challenges an action that is administrative, rather than
36 legislative, in nature;
37 (ii) the proposed referendum challenges a land use decision, rather than a land use
38 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;
39 (iii) the proposed referendum challenges more than one law passed by the local
40 legislative body; or
41 (iv) the application for the proposed referendum was not timely filed or does not
42 comply with the requirements of this part.
43 (b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
44 legally referable to voters for a:
45 (i) municipal land use law, as defined in Section 20A-7-101, if the land use law was
46 passed by a unanimous vote of the local legislative body; or
47 (ii) transit area land use law, as defined in Section 20A-7-601, if the transit area land
48 use law was passed by a two-thirds vote of the local legislative body.
49 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,
50 or metro township may not, for a land use law:
51 (a) reject a proposed referendum as not legally referable to voters; or
52 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
53 proposed referendum on the grounds that the proposed referendum is not legally referable to
54 voters.
55 (4) (a) If a county, city, town, or metro township rejects a proposed referendum
56 concerning a land use law, a sponsor of the proposed referendum may, within seven days after
57 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
58 to:
59 (i) the Supreme Court, by means of an extraordinary writ, if possible; or
60 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
61 under Subsection (4)(a)(i).
62 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
63 (4)(a) terminates the referendum.
64 (5) If, on challenge or appeal, the court determines that the proposed referendum is
65 legally referable to voters, the local clerk shall comply with Subsection 20A-7-604(3), or give
66 the sponsors access to the website defined in Section 20A-21-101, within five days after the
67 day on which the determination, and any challenge or appeal of the determination, is final.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
2/8/2023 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
2/8/2023 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
2/8/2023 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
2/9/2023 | Senate/ received bill from Legislative Research | Waiting for Introduction in the Senate | |
2/9/2023 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/9/2023 | Senate/ to standing committee | Senate Economic Development and Workforce Services Committee | |
2/9/2023 | LFA/ fiscal note publicly available | Senate Economic Development and Workforce Services Committee | |
2/10/2023 | Senate/ received fiscal note from Fiscal Analyst | Senate Economic Development and Workforce Services Committee | |
2/13/2023 | Senate Comm - Favorable Recommendation | Senate Economic Development and Workforce Services Committee | 4 1 1 |
2/14/2023 (10:16:38 AM) | Senate/ committee report favorable | Senate Economic Development and Workforce Services Committee | |
2/14/2023 (10:16:39 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/14/2023 (3:08:57 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/14/2023 (3:18:17 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 18 6 5 |
2/15/2023 (11:22:43 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/15/2023 (11:23:04 AM) | Senate/ circled | Senate 3rd Reading Calendar | Voice vote |
2/17/2023 (11:32:49 AM) | Senate/ uncircled | Senate 3rd Reading Calendar | Voice vote |
2/17/2023 (11:34:52 AM) | Senate/ passed 3rd reading | Clerk of the House | 19 5 5 |
2/17/2023 (11:34:53 AM) | Senate/ to House | Clerk of the House | |
2/17/2023 | House/ received from Senate | Clerk of the House | |
2/17/2023 | House/ 1st reading (Introduced) | House Rules Committee | |
2/21/2023 | House/ to standing committee | House Political Subdivisions Committee | |
2/22/2023 | House Comm - Favorable Recommendation | House Political Subdivisions Committee | 5 4 2 |
2/23/2023 (10:16:39 AM) | House/ committee report favorable | House Political Subdivisions Committee | |
2/23/2023 (10:16:40 AM) | House/ 2nd reading | House 3rd Reading Calendar for Senate bills | |
2/28/2023 | House/ 3rd Reading Calendar to Rules | House Rules Committee | |
3/1/2023 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for Senate bills | |
3/1/2023 (5:06:28 PM) | House/ 3rd reading | House 3rd Reading Calendar for Senate bills | |
3/1/2023 (5:06:46 PM) | House/ circled | House 3rd Reading Calendar for Senate bills | Voice vote |
3/1/2023 (7:24:43 PM) | House/ uncircled | House 3rd Reading Calendar for Senate bills | Voice vote |
3/1/2023 (7:25:35 PM) | House/ floor amendment # 1 | House 3rd Reading Calendar for Senate bills | Voice vote |
3/1/2023 (7:27:57 PM) | House/ passed 3rd reading | Senate Secretary | 55 15 5 |
3/1/2023 (7:27:59 PM) | House/ to Senate | Senate Secretary | |
3/2/2023 (9:16:36 AM) | Senate/ received from House | Senate Secretary | |
3/2/2023 (9:16:37 AM) | Senate/ placed on Concurrence Calendar | Senate Concurrence Calendar | |
3/2/2023 (9:30:06 AM) | Senate/ concurs with House amendment | House Speaker | 16 9 4 |
3/2/2023 (9:30:08 AM) | Senate/ to House | House Speaker | |
3/2/2023 | House/ received from Senate | House Speaker | |
3/2/2023 | House/ signed by Speaker/ returned to Senate | Senate President | |
3/2/2023 | House/ to Senate | Senate President | |
3/2/2023 | Senate/ received from House | Senate President | |
3/2/2023 | Senate/ signed by President/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/3/2023 | Bill Received from Senate for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/3/2023 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/10/2023 | Enrolled Bill Returned to House or Senate | Senate Secretary | |
3/10/2023 | Senate/ enrolled bill to Printing | Senate Secretary | |
3/13/2023 | Senate/ received enrolled bill from Printing | Senate Secretary | |
3/13/2023 | Senate/ to Governor | Executive Branch - Governor | |
3/23/2023 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- Senate Floor Audio, Day 29 (2/14/2023) [SB199 Local Land Use Amendments, McKell]
- Senate Floor Audio, Day 30 (2/15/2023) [SB199 Local Land Use Amendments, McKell]
- Senate Floor Audio, Day 32 (2/17/2023) [SB199 Local Land Use Amendments, McKell]
- House Floor Audio, Day 43 (3/1/2023) [SB199 Local Land Use Amendments, Schultz]
- House Floor Audio, Day 43 (3/1/2023) [SB199 Local Land Use Amendments, Schultz]
- Senate Floor Audio, Day 44 (3/2/2023) [SB199 Local Land Use Amendments, McKell]