Utah Statutes § 20A-7-601 Referenda - General signature requirements - Signature requirements for land use laws, subjurisdictional laws, and transit area land use laws - Time requirements
Statute Text
(1)
As used in this section:
(a)
"Number of active voters" means the number of active voters in the county, city, or town on the immediately preceding January 1.
(b)
"Qualifying county" means a county that has created a small public transit district, as defined in Section
17B-2a-802
, on or before January 1, 2022.
(c)
"Qualifying transit area" means:
(i)
a station area, as defined in Section
10-9a-403
.1, for which the municipality with jurisdiction over the station area has satisfied the requirements of Subsection
10-9a-403
.1(2)(a)(i), as demonstrated by the adoption of a station area plan or resolution under Subsection 10-9a-403.1(2); or
(ii)
a housing and transit reinvestment zone, as defined in Section
63N-3-602
, created within a qualifying county.
(d)
"Subjurisdiction" means an area comprised of all precincts and subprecincts in the jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(e)
(i)
"Subjurisdictional law" means a local law or local obligation law passed by a local legislative body that imposes a tax or other payment obligation on property in an area that does not include all precincts and subprecincts under the jurisdiction of the county, city, or town.
(ii)
"Subjurisdictional law" does not include a land use law.
(f)
"Transit area land use law" means a land use law that relates to the use of land within a qualifying transit area.
(g)
"Voter participation area" means an area described in Subsection
20A-7-401.3
(1)(a) or (2)(b)
.
(2)
Except as provided in Subsections (3) through (5), an eligible voter seeking to have a local law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures equal to:
(a)
for a county of the first class:
(i)
7.75% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 7.75% of the number of active voters in at least 75% of the county's voter participation areas;
(b)
for a city of the first class:
(i)
7.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 7.5% of the number of active voters in at least 75% of the city's voter participation areas;
(c)
for a county of the second class:
(i)
8% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 8% of the number of active voters in at least 75% of the county's voter participation areas;
(d)
for a city of the second class:
(i)
8.25% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 8.25% of the number of active voters in at least 75% of the city's voter participation areas;
(e)
for a county of the third class:
(i)
9.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 9.5% of the number of active voters in at least 75% of the county's voter participation areas;
(f)
for a city of the third class:
(i)
10% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 10% of the number of active voters in at least 75% of the city's voter participation areas;
(g)
for a county of the fourth class:
(i)
11.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the county's voter participation areas;
(h)
for a city of the fourth class:
(i)
11.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 11.5% of the number of active voters in at least 75% of the city's voter participation areas;
(i)
for a city of the fifth class or a county of the fifth class, 25% of the number of active voters in the city or county; or
(j)
for a town or a county of the sixth class, 35% of the number of active voters in the town or county.
(3)
Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land use law or local obligation law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures equal to:
(a)
for a county of the first, second, third, or fourth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the county's voter participation areas;
(b)
for a county of the fifth or sixth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the county's voter participation areas;
(c)
for a city of the first class:
(i)
15% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 15% of the number of active voters in at least 75% of the city's voter participation areas;
(d)
for or a city of the second class:
(i)
16% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 16% of the number of active voters in at least 75% of the city's voter participation areas;
(e)
for a city of the third class:
(i)
27.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 27.5% of the number of active voters in at least 75% of the city's voter participation areas;
(f)
for a city of the fourth class:
(i)
29% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020, 29% of the number of active voters in at least 75% of the city's voter participation areas;
(g)
for a city of the fifth class, 35% of the number of active voters in the city; or
(h)
for a town, 40% of the number of active voters in the town.
(4)
A person seeking to have a subjurisdictional law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures of the residents in the subjurisdiction equal to:
(a)
10% of the number of active voters in the subjurisdiction if the number of active voters exceeds 25,000;
(b)
12-1/2% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 25,000 but is more than 10,000;
(c)
15% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 10,000 but is more than 2,500;
(d)
20% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 2,500 but is more than 500;
(e)
25% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 500 but is more than 250; and
(f)
30% of the number of active voters in the subjurisdiction if the number of active voters does not exceed 250.
(5)
An eligible voter seeking to have a transit area land use law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures equal to:
(a)
for a county:
(i)
20% of the number of active voters in the county; and
(ii)
21% of the number of active voters in at least 75% of the county's voter participation areas;
(b)
for a city of the first class:
(i)
20% of the number of active voters in the city; and
(ii)
20% of the number of active voters in at least 75% of the city's voter participation areas;
(c)
for a city of the second class:
(i)
20% of the number of active voters in the city; and
(ii)
21% of the number of active voters in at least 75% of the city's voter participation areas;
(d)
for a city of the third class:
(i)
34% of the number of active voters in the city; and
(ii)
34% of the number of active voters in at least 75% of the city's voter participation areas;
(e)
for a city of the fourth class:
(i)
36% of the number of active voters in the city; and
(ii)
36% of the number of active voters in at least 75% of the city's voter participation areas; or
(f)
for a city of the fifth class or a town, 40% of the number of active voters in the city or town.
(6)
Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), or (5), any local law passed by a local legislative body shall file the application before 5 p.m. within five days after the day on which the local law was passed.
(7)
Nothing in this section authorizes a local legislative body to impose a tax or other payment obligation on a subjurisdiction in order to benefit an area outside of the subjurisdiction.
History
Amended by Chapter 438 , 2024 General Session , § 72 , eff. 5/1/2024 .
Amended by Chapter 219 , 2023 General Session , § 5 , eff. 5/3/2023 .
Amended by Chapter 107 , 2023 General Session , § 57 , eff. 5/3/2023 .
Amended by Chapter 406 , 2022 General Session , § 18 , eff. 6/1/2022 .
Amended by Chapter 140 , 2021 General Session , § 36 , eff. 5/5/2021 .
Amended by Chapter 255 , 2019 General Session , § 70 , eff. 5/14/2019 .
Amended by Chapter 203 , 2019 General Session , § 23 , eff. 5/14/2019 .
Amended by Chapter 365 , 2016 General Session , § 4 , eff. 5/10/2016 .
Amended by Chapter 242 , 2014 General Session , § 1 , eff. 5/13/2014 .
Amended by Chapter 72 , 2012 General Session , § 7 , eff. 5/8/2012 .
Amended by
Chapter
17
,
2011
, 2011 General Session
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