Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 199 (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• disallows referral of a referendum to voters for municipal land use laws that passed by a unanimous vote of the local legislative body.

Every vote on this bill

Bill text

LOCAL LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill modifies provisions regarding referenda.
Highlighted Provisions:
This bill:
▸ disallows referral of a referendum to voters for municipal land use laws that passed
by a unanimous vote of the local legislative body. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-7-602.8
, as last amended by Laws of Utah 2022, Chapters 325, 406
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-7-602.8
 is amended to read:
20A-7-602.8.
Referability to voters of local land use law.
(1) Within 20 days after the day on which an eligible voter files an application to
circulate a referendum petition under Section 
20A-7-602
 for a land use law, counsel for the
county, city, town, or metro township to which the referendum pertains shall:
(a) review the application to determine whether the proposed referendum is legally
referable to voters; and
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
(i) legally referable to voters; or
(ii) rejected as not legally referable to voters.
(2) (a) Subject to Subsection (2)(b), for a land use law, a proposed referendum is
legally referable to voters unless:
(i) the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(ii) the proposed referendum challenges a land use decision, rather than a land use
regulation, as those terms are defined in Section 
10-9a-103
 or 
17-27a-103
;
(iii) the proposed referendum challenges more than one law passed by the local
legislative body; or
(iv) the application for the proposed referendum was not timely filed or does not
comply with the requirements of this part.
(b) In addition to the limitations of Subsection (2)(a), a proposed referendum is not
legally referable to voters for a
:
(i) municipal land use law, as defined in Section 
20A-7-101
, if the land use law was
passed by a unanimous vote of the local legislative body; or
(ii)
 transit area land use law, as defined in Section 
20A-7-601
, if the transit area land
use law was passed by a two-thirds vote of the local legislative body.
(3) After the end of the 20-day period described in Subsection (1), a county, city, town,
or metro township may not, for a land use law:
(a) reject a proposed referendum as not legally referable to voters; or
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally referable to
voters.
(4) (a) If a county, city, town, or metro township rejects a proposed referendum
concerning a land use law, a sponsor of the proposed referendum may, within seven days after
the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision
to:
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection (4)(a)(i).
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a) terminates the referendum.
(5) If, on challenge or appeal, the court determines that the proposed referendum is
legally referable to voters, the local clerk shall comply with Subsection 
20A-7-604
(3), or give
the sponsors access to the website defined in Section 
20A-21-101
, within five days after the
day on which the determination, and any challenge or appeal of the determination, is final.