Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 73 First Substitute (2023GS)

Sponsor

Rep. Welton, D.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies notice requirements;
• modifies the procedure for filling vacancies in certain circumstances;
• 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 from rescinding a resignation;
• prohibits a member of a legislative body from voting for oneself to fill a vacancy in the municipal legislative body; and
• makes conforming changes.

Every vote on this bill

Bill text

MUNICIPAL OFFICE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill modifies provisions related to filling a vacancy in a municipal office
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies notice requirements;
▸ modifies the procedure for filling vacancies in certain circumstances;
▸ 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 from rescinding a resignation;
▸ prohibits a member of a legislative body from voting for oneself 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) As used in this section:
(i) "Vacancy," subject to Subsection (1)(a)(ii), means the same as that term is defined
in Section 
20A-1-102
.
(ii) "Vacancy," if due to resignation, occurs on the effective date of the resignation.
[
(a)
] 
(b)
 Except as otherwise provided in [
Subsection (2)
] 
this section
, if any vacancy
occurs in the office of municipal executive or member of a municipal legislative body, the
municipal legislative body shall
, within 30 calendar days after the day on which the vacancy
occurs,
 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)
]
(c)
 Before acting to fill the vacancy, the municipal legislative body shall:
(i) give public notice of the vacancy at least [
two weeks
] 
calendar days
 before the
day on which 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.
]
(d) (i) The municipal legislative body shall take an initial vote to fill the vacancy from
among the names of the candidates interviewed under Subsection (1)(c)(iii).
(ii) (A) If no candidate receives a majority vote of the municipal legislative body in the
initial vote described in Subsection (1)(d)(i), the two candidates that received the most votes in
the initial vote, as determined by the tie-breaking procedures described in Subsections
(1)(d)(ii)(B) through (D) if necessary, shall be placed before the municipal legislative body for
a second vote to fill the vacancy.
(B) If the initial vote results in a tie for second place, the candidates tied for second
place shall be reduced to one by a coin toss conducted in accordance with Subsection
(1)(d)(ii)(D), and the second vote described in Subsection (2)(d)(ii)(A) shall be between the
candidate that received the most votes in the initial vote and the candidate that wins the coin
toss described in this Subsection (1)(d)(ii)(B).
(C) If the initial vote results in a tie among three or more candidates for first place, the
candidates tied for first place shall be reduced to two by a coin toss conducted in accordance
with Subsection (1)(d)(ii)(D), and the second vote described in Subsection (1)(d)(ii)(A) shall
be between the two candidates that remain after the coin toss described in this Subsection
(1)(d)(ii)(C).
(D) A coin toss required under this Subsection (1)(d) shall be conducted by the
municipal clerk or recorder in the presence of the municipal legislative body.
(iii) If, in the second vote described in Subsection (1)(d)(ii)(A), neither candidate
receives a majority vote of the municipal legislative body, the vacancy shall be determined by a
coin toss between the two candidates in accordance with Subsection (1)(d)(ii)(D).
(e) If the municipal legislative body does not timely comply with Subsections (1)(b)
through (d), the municipal clerk or recorder shall immediately notify the lieutenant governor.
(f) After receiving notice that a municipal legislative body has failed to timely comply
with Subsections (1)(b) through (d), the lieutenant governor shall:
(i) notify the municipal legislative body of the violation; and
(ii) direct the municipal legislative body to, within 30 calendar days after the day on
which the lieutenant governor provides the notice described in this Subsection (1)(f), appoint
an eligible individual to fill the vacancy in accordance with Subsections (1)(c) and (d).
(g) If the municipality fails to timely comply with a directive described in Subsection
(1)(f):
(i) the lieutenant governor shall notify the governor of the municipality's failure to fill
the vacancy; and
(ii) the governor shall, within 45 days after the day on which the governor receives the
notice described in Subsection (1)(g)(i), provide public notice soliciting candidates to fill the
vacancy in accordance with Subsection (1)(c) and appoint an individual to fill the vacancy.
(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
] 
remaining
council members, by majority vote,
 shall 
appoint a council member to
 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
] 
A council member
 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
this section, 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)(c)(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.
(5) In a municipality operating under the six-member council form of government or
the council-manager form of government, defined in Subsection 
10-3b-103
(7), if the voting
members of the city council reach a tie vote on a matter of filling a vacancy, the mayor may
vote to break the tie.
(6) In a municipality operating under the council-mayor form of government, the
mayor may not:
(a) participate in the vote to fill a vacancy;
(b) veto a decision of the council to fill a vacancy; or
(c) vote in the case of a tie.
(7) A mayor whose resignation from the municipal legislative body is due to election
or appointment as mayor may, in the case of a tie, participate in the vote under this section.
(8) A municipal legislative body may, consistent with the provisions of state law, adopt
procedures governing the appointment, interview, and voting process for filling vacancies in
municipal offices.