Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 24 (2018GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires local governments to include information regarding indigent legal defense of an indigent individual in ordinances with criminal penalties that include any possibility of imprisonment; and
• makes technical and conforming changes .

Every vote on this bill

Bill text

LOCAL GOVERNMENT INDIGENT DEFENSE REQUIREMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
V. Lowry Snow
Cosponsor:
Todd Weiler
LONG TITLE
General Description:
This bill requires local governments to include certain information in ordinances with
criminal penalties that include any possibility of imprisonment.
Highlighted Provisions:
This bill:
▸ requires local governments to include information regarding indigent legal defense
of an indigent individual in ordinances with criminal penalties that include any
possibility of imprisonment; and
▸ makes technical and conforming changes .
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-704
, as last amended by Laws of Utah 2010, Chapter 378
17-53-223
, as last amended by Laws of Utah 2000, Chapter 323 and renumbered and
amended by Laws of Utah 2000, Chapter 133
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-704
 is amended to read:
10-3-704.
Form of ordinance.
[
Any
] 
The governing body shall ensure that any
 ordinance [
passed by
] 
that
 the
governing body[
, after the effective date of this act, shall contain and be
] 
passes contains the
following,
 in substantially the following order and form:
(1) a number;
(2) a title which indicates the nature of the subject matter of the ordinance;
(3) a preamble which states the need or reason for the ordinance;
(4) an ordaining clause which states "Be it ordained by the ____ (name of the
governing body and municipality):";
(5) the body or subject of the ordinance;
(6) when applicable, a statement indicating the penalty for violation of the ordinance or
a reference that the punishment is covered by an ordinance which prescribes the fines and
terms of imprisonment for the violation of a municipal ordinance; or, the penalty may establish
a classification of penalties and refer to such ordinance in which the penalty for such violation
is established;
(7) when a penalty for a violation of the ordinance includes any possibility of
imprisonment, a statement that the municipality is required, under Section 
77-32-301,
 to
provide for indigent legal defense, as those terms are defined in Section 
77-32-201
; 
[
(7)
] 
(8)
 a statement indicating the effective date of the ordinance or the date when the
ordinance shall become effective after publication or posting as required by this chapter;
[
(8)
] 
(9)
 a line for the signature of the mayor or acting mayor to sign the ordinance;
[
(9)
] 
(10)
 a place for the municipal recorder to attest the ordinance and fix the seal of
the municipality; and
[
(10)
] 
(11)
 in municipalities where the mayor may disapprove an ordinance passed by
the legislative body, [
the ordinance shall show, that it was passed
] 
a statement showing:
 (a) if the mayor approves the ordinance, that the governing body passes the ordinance 
with the mayor's approval [
or that
]
;
(b)
 if the mayor [
disapproved
] 
disapproves
 the ordinance, that [
it was passed
] 
the
governing body passes the ordinance
 over [
his
] 
the mayor's
 disapproval[
. If
]
; or
(c) if
 the mayor neither approves[
,
] or disapproves [
an
] 
the
 ordinance, 
that
 the
ordinance [
shall show that it
] became effective without the approval or disapproval of the
mayor.
Section 2. Section 
17-53-223
 is amended to read:
17-53-223.
Ordinances -- Power to enact -- Penalty for violation.
(1) A county legislative body may:
(a) pass all ordinances and rules and make all regulations, not repugnant to law,
necessary for carrying into effect or discharging the powers and duties conferred by this title,
and as are necessary and proper to provide for the safety, and preserve the health, promote the
prosperity, improve the morals, peace, and good order, comfort, and convenience of the county
and its inhabitants, and for the protection of property in the county;
(b) enforce obedience to ordinances with fines or penalties as the county legislative
body considers proper; and
(c) pass ordinances to control air pollution.
(2) 
(a)
 Punishment imposed under Subsection (1)(b) shall be by fine, not to exceed the
maximum fine for a class B misdemeanor under Section 
76-3-301
, imprisonment, or [
by
] both
fine and imprisonment.
(b) When a penalty for a violation of an ordinance includes any possibility of
imprisonment, the county legislative body shall include in the ordinance a statement that the
county is required, under Section 
77-32-301
, to provide for indigent legal defense, as those
terms are defined in Section 
77-32-201
.
(3) (a) Except as specifically authorized by statute, the county legislative body may not
impose a civil penalty for the violation of a county traffic ordinance.
(b) Subsection (3)(a) does not apply to an ordinance regulating the parking of vehicles
on a highway.