Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 376 (2022GS)

Sponsor

Rep. Welton, D.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• authorizes a member of a municipal legislative body whose resignation creates a vacancy in the municipal legislative body to, with certain exceptions, vote for the member's replacement;
• prohibits a member of a legislative body who submits a resignation from the legislative body from rescinding his or her resignation;
• prohibits a member of a legislative body from voting for himself or herself to fill a vacancy in the municipal legislative body; and
• makes conforming changes.

Every vote on this bill

Bill text

MUNICIPAL OFFICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton
Senate Sponsor: 
 Jacob L. Anderegg
LONG TITLE
General Description:
This bill amends provisions governing a vacancy in a municipal legislative body.
Highlighted Provisions:
This bill:
▸ authorizes a member of a municipal legislative body whose resignation creates a
vacancy in the municipal legislative body to, with certain exceptions, vote for the
member's replacement;
▸ prohibits a member of a legislative body who submits a resignation from the
legislative body from rescinding his or her resignation;
▸ prohibits a member of a legislative body from voting for himself or herself to fill a
vacancy in the municipal legislative body; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-507
, as last amended by Laws of Utah 2014, Chapter 338
20A-1-510
, as last amended by Laws of Utah 2017, Chapter 91
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-507
 is amended to read:
10-3-507.
Minimum vote required.
(1) The minimum number of yes votes required to pass any ordinance or resolution, or
to take any action by the council, unless otherwise prescribed by law, is a majority of the voting
members of the council, regardless of absence or vacancy.
(2) (a) Any ordinance, resolution, or motion of the council having fewer favorable
votes than required in this section is defeated and invalid.
(b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a
specific time by a majority vote of the council even though the majority vote is less than that
required in this section.
(3) If a vacancy exists in one or more council seats, a majority of the council members
[
presently occupying council seats, regardless of number,
] may vote to fill the vacancy as
provided under Section 
20A-1-510
.
Section 2. Section 
20A-1-510
 is amended to read:
20A-1-510.
Midterm vacancies in municipal offices.
(1) (a) Except as otherwise provided in Subsection (2), if any vacancy occurs in the
office of municipal executive or member of a municipal legislative body, the municipal
legislative body shall appoint a registered voter in the municipality who meets the
qualifications for office described in Section 
10-3-301
 to fill the unexpired term of the vacated
office.
(b) Before acting to fill the vacancy, the municipal legislative body shall:
(i) give public notice of the vacancy at least two weeks before the municipal legislative
body meets to fill the vacancy;
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled;
(B) the person to whom an individual interested in being appointed to fill the vacancy
may submit the interested individual's name for consideration; and
(C) the deadline for submitting an interested individual's name; and
(iii) in an open meeting, interview each individual whose name is submitted for
consideration, and who meets the qualifications for office, regarding the individual's
qualifications.
(c) (i) If, for any reason, the municipal legislative body does not fill the vacancy within
30 days after the day on which the vacancy occurs, the municipal legislative body shall fill the
vacancy from among the names that have been submitted.
(ii) The two individuals having the highest number of votes of the municipal legislative
body after a first vote is taken shall appear before the municipal legislative body and the
municipal legislative body shall vote again.
(iii) If neither candidate receives a majority vote of the municipal legislative body at
that time, the vacancy shall be filled by lot in the presence of the municipal legislative body.
(2) (a) A vacancy in the office of municipal executive or member of a municipal
legislative body shall be filled by an interim appointment, followed by an election to fill a
two-year term, if:
(i) the vacancy occurs, or a letter of resignation is received, by the municipal executive
at least 14 days before the deadline for filing for election in an odd-numbered year; and
(ii) two years of the vacated term will remain after the first Monday of January
following the next municipal election.
(b) In appointing an interim replacement, the municipal legislative body shall:
(i) comply with the notice requirements of this section; and
(ii) in an open meeting, interview each individual whose name is submitted for
consideration, and who meets the qualifications for office, regarding the individual's
qualifications.
(3) (a) In a municipality operating under the council-mayor form of government, as
defined in Section 
10-3b-102
:
(i) the council may appoint an individual to fill a vacancy in the office of mayor before
the effective date of the mayor's resignation by making the effective date of the appointment
the same as the effective date of the mayor's resignation; and
(ii) if a vacancy in the office of mayor occurs before the effective date of an
appointment under Subsection (1) or (2) to fill the vacancy, the council chair shall serve as
acting mayor during the time between the creation of the vacancy and the effective date of the
appointment to fill the vacancy.
(b) While serving as acting mayor under Subsection (3)(a)(ii), the council chair
continues to:
(i) act as a council member; and
(ii) vote at council meetings.
(4) (a) (i) For a vacancy of a member of a municipal legislative body as described in
Subsection (1) or (2), the municipal legislative body member whose resignation creates the
vacancy on the municipal legislative body may:
(A) interview an individual whose name is submitted for consideration under
Subsection (1)(b)(iii) or (2)(b)(ii); and
(B) vote on the appointment of an individual to fill the vacancy.
(ii) Notwithstanding Subsection (4)(a)(i), a member of a legislative body who is
removed from office in accordance with state law may not cast a vote under Subsection
(4)(a)(i).
(b) A member of a municipal legislative body who submits his or her resignation to the
municipal legislative body may not rescind the resignation.
(c) A member of a municipal legislative body may not vote on an appointment under
this section for himself or herself to fill a vacancy in the municipal legislative body.