Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 320 (2016GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Signed 3/10/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides for council members of a metro township with a population of 10,000 or more to be elected by district;
• provides for council members of a metro township with a population of less than 10,000 to be elected at-large;
• addresses the status of a candidate's declaration of candidacy for a metro township council in a metro township with a population of less than 10,000; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

METRO TOWNSHIP REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
Wayne A. Harper
Cosponsors:
Steve Eliason
Eric K. Hutchings
LONG TITLE
General Description:
This bill modifies provisions related to the election of metro township council
members.
Highlighted Provisions:
This bill:
▸ provides for council members of a metro township with a population of 10,000 or
more to be elected by district;
▸ provides for council members of a metro township with a population of less than
10,000 to be elected at-large;
▸ addresses the status of a candidate's declaration of candidacy for a metro township
council in a metro township with a population of less than 10,000; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
10-2a-410
, as enacted by Laws of Utah 2015, Chapter 352
10-2a-411
, as enacted by Laws of Utah 2015, Chapter 352
10-3-205.5
, as last amended by Laws of Utah 2015, Chapter 352
63I-2-210
, as last amended by Laws of Utah 2015, Chapters 157, 352, and 465
Utah Code Sections Affected by Revisor Instructions:
10-2a-410
, as enacted by Laws of Utah 2015, Chapter 352
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2a-410
 is amended to read:
10-2a-410.
Determination of metro township districts -- Determination of metro
township or city initial officer terms -- Adoption of proposed districts.
(1) 
(a)
 If a metro township 
with a population of 10,000 or more
 is incorporated in
accordance with an election held under Section 
10-2a-404
:
[
(a)
] 
(i)
 each of the five metro township council members shall be elected by district;
and
[
(b)
] 
(ii)
 the boundaries of the five council districts for election and the terms of office
shall be designated and determined in accordance with this section.
[
(2) (a)
] 
(b)
 If 
a metro township with a population of less than 10,000 or
 a town is
incorporated at an election held in accordance with Section 
10-2a-404
, the five council
members shall be elected [
at large
] 
at-large
 for terms as designated and determined in
accordance with this section.
[
(b)
] 
(c)
 If a city is incorporated at an election held in accordance with Section
10-2a-404
:
(i) (A) the four members of the council district who are not the mayor shall be elected
by district; and
(B) the boundaries of the four council districts for election and the term of office shall
be designated and determined in accordance with this section; and
(ii) the mayor shall be elected [
at large
] 
at-large
 for a term designated and determined
in accordance with this section.
[
(3)
] 
(2)
 (a) No later than 90 days after the election day on which the metro township,
city, or town is successfully incorporated under this part, the legislative body of the county in
which the metro township
, city, or town
 is located shall adopt by resolution:
(i) subject to Subsection [
(3)
] 
(2)
(b), for each incorporated metro township, city, or
town, the council terms for a length of time in accordance with this section; and
(ii) (A) for a metro township 
with a population of 10,000 or more
, the boundaries of
the five council districts; and
(B) for a city, the boundaries of the four council districts.
(b) (i) For each metro township, city, or town, the county legislative body shall set the
initial terms of the members of the metro township council, city council, or town council so
that:
(A) approximately half the members of the council, including the mayor in the case of
a city, are elected to serve an initial term, of no less than one year, that allows their successors
to serve a full four-year term that coincides with the schedule established in Subsection
10-3-205
(1); and
(B) the remaining members of the council are elected to serve an initial term, of no less
than one year, that allows their successors to serve a full four-year term that coincides with the
schedule established in Subsection 
10-3-205
(2).
(ii) For a metro township 
with a population of 10,000 or more
, the county legislative
body shall divide the metro township into five council districts that comply with Section
10-3-205.5
.
(iii) For a city, the county legislative body shall divide the city into four council
districts that comply with Section 
10-3-205.5
.
[
(4)
] 
(3)
 (a) Within 20 days of the county legislative body's adoption of a resolution
under Subsection [
(3)
] 
(2)
, the county clerk shall publish, in accordance with Subsection [
(4)
]
(3)
(b), notice containing:
(i) if applicable, a description of the boundaries
, as designated in the resolution,
 of
:
(A) for a metro township with a population of 10,000 or more,
 the metro township
council 
districts;
 or
(B) the
 city council districts [
as designated in the resolution
];
(ii) information about the deadline for filing a declaration of candidacy for those
seeking to become candidates for metro township council, city council, town council, or city
mayor, respectively; and
(iii) information about the length of the initial term of city mayor or each of the metro
township, city, or town council offices, as described in the resolution.
(b) The notice under Subsection [
(4)
] 
(3)
(a) shall be published:
(i) in a newspaper of general circulation within the metro township, city, or town at
least once a week for two successive weeks; and
(ii) in accordance with Section 
45-1-101
 for two weeks.
(c) (i) In accordance with Subsection [
(4)
] 
(3)
(b)(i), if there is no newspaper of general
circulation within the future metro township, city, or town, the county clerk shall post at least
one notice per 1,000 population in conspicuous places within the future metro township, city,
or town that are most likely to give notice to the residents of the future metro township, city, or
town.
(ii) The notice under Subsection [
(4)
] 
(3)
(c)(i) shall contain the information required
under Subsection (4)(a).
(iii) The county clerk shall post the notices under Subsection [
(4)
] 
(3)
(c)(i) at least
seven days before the deadline for filing a declaration of candidacy under Subsection [
(4)
]
(3)
(d)
(i)
.
(d) 
(i)
 A person seeking to become a candidate for metro township, city, or town
council or city mayor shall, in accordance with Section 
20A-9-202
, file a declaration of
candidacy with the clerk of the county in which the metro township, city, or town is located for
an election described in Section 
10-2a-411
.
(ii) (A) On the effective date of this bill, a candidate for metro township council in a
metro township with a population of less than 10,000 who filed a declaration of candidacy for
the metro township council before the effective date of this bill is an at-large candidate, not a
district candidate, for the metro township council.
(B) The county clerk shall send a letter to each affected candidate by certified mail that
explains the change described in Subsection (3)(d)(ii)(A).
Section 2. Section 
10-2a-411
 is amended to read:
10-2a-411.
Election of officers of new city, town, or metro township.
(1) For the election of the initial office holders of a metro township, city, or town,
respectively, incorporated under Section 
10-2a-404
, the county legislative body shall:
(a) unless a primary election is prohibited by Subsection 
20A-9-404
(2), hold a primary
election at the next regular primary election, as described in Section 
20A-1-201.5
, following
the November 3, 2015, election to incorporate; and
(b) hold a final election at the next regular general election date following the election
to incorporate.
(2) [
An election
] 
The number of officers elected
 under Subsection (1) [
for the officers
of
]:
(a) 
for
 a metro township [
shall be consistent with the number of council members as
described in Subsection 
10-2a-404
(1)(b)(i); and
]
, regardless of the metro township's
population, shall be consistent with the number of council members described in Subsection
10-2a-404
(1)(b)(i); or
(b) 
for
 a city or town
,
 shall be consistent with the number of council members,
including the city mayor as a member of a city council, described in Subsection
10-2a-404
(1)(b)(ii).
[
(3) (a) (i) The county clerk shall publish notice of an election under this section:
]
[
(A) at least once a week for two successive weeks in a newspaper of general
circulation within the future metro township, city, or town; and
]
[
(B) in accordance with Section 
45-1-101
 for two weeks.
]
[
(ii) The later notice under Subsection (3)(a)(i) shall be at least one day but no more
than seven days before the election.
]
[
(b) (i) In accordance with Subsection (3)(a)(i)(A), if there is no newspaper of general
circulation within the future metro township, city, or town, the county clerk shall post at least
one notice of the election per 1,000 population in conspicuous places within the future metro
township, city, or town that are most likely to give notice of the election to the voters.
]
[
(ii) The county clerk shall post the notices under Subsection (3)(b)(i) at least seven
days before each election under Subsection (1).
]
[
(4)
] 
(3)
 (a) Until the metro township, city, or town is incorporated, the county clerk is
the election officer for all purposes in an election of officers of the metro township, city, or
town.
(b) The county clerk is responsible to ensure that:
(i) if applicable, the primary election described in Subsection (1)(a) is held on the date
described in Subsection (1)(a);
(ii) the final election described in Subsection (1)(b) is held on the date described in
Subsection (1)(b); and
(iii) the ballot for each election includes each office that is required to be included for
officials in the metro township, city, or town, and the length of term of each office.
[
(5)
] 
(4)
 The officers elected at an election described in Subsection (1)(b) shall take
office at noon on the first Monday in January next following the election.
Section 3. Section 
10-3-205.5
 is amended to read:
10-3-205.5.
At-large election of officers -- Election of commissioners or council
members.
(1) Except as provided in Subsection (2), (3), or (4), the officers of each city shall be
elected in an at-large election held at the time and in the manner provided for electing
municipal officers.
(2) (a) The governing body of a city may by ordinance provide for the election of some
or all commissioners or council members, as the case may be, by district equal in number to the
number of commissioners or council members elected by district.
(b) (i) Each district shall be of substantially equal population as the other districts.
(ii) Within six months after the Legislature completes its redistricting process, the
governing body of each city that has adopted an ordinance under Subsection (2)(a) shall make
any adjustments in the boundaries of the districts as may be required to maintain districts of
substantially equal population.
(3) (a) The municipal council members of a metro township, as defined in Section
10-2a-403
, are elected:
(i) 
for a metro township with a population of 10,000 or more,
 by district in accordance
with Subsection 
10-2a-410
(1)(a)[
(i)
]; or
(ii) [
at large
] 
for a metro township with a population of less than 10,000, at-large
 in
accordance with Subsection 
10-2a-410
(1)(b).
(b) The council districts in a metro township 
with a population of 10,000 or more
 shall
comply with the requirements of Subsections (2)(b)(i) and (ii).
(4) (a) For a city incorporated in accordance with Chapter 2a, Part 4, Incorporation of
Metro Townships and Unincorporated Islands in a County of the First Class on and after May
12, 2015:
(i) the council members are elected by district in accordance with Section 
10-2a-410
;
and
(ii) the mayor is elected [
at large
] 
at-large
 in accordance with Section 
10-2a-410
.
(b) The council districts in a city described in Subsection (4)(a) shall comply with the
requirements of Subsections (2)(b)(i) and (ii).
Section 4. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates -- Title 10.
(1) Subsection 
10-2a-106
(2), the language that states ", including a township
incorporation procedure as defined in Section 
10-2a-105
," is repealed July 1, 2016.
(2) Subsection 
10-2a-410
(3)(d)(ii) is repealed January 1, 2017.
[
(2)
] 
(3)
 Section 
10-2a-105
 is repealed July 1, 2016.
[
(3)
] 
(4)
 Subsection 
10-9a-304
(2) is repealed June 1, 2016.
Section 5. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 6. 
Revisor instructions.
It is the intent of the Legislature that, in preparing the Utah Code database for
publication, the Office of Legislative Research and General Counsel replace the phrase "the
effective date of this bill" in Subsection 
10-2a-410
(3)(d)(ii) with the bill's actual effective date.