Utah 2025 Regular Session

Utah House Bill HB0109 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ H.B. 109
	1	+	01-06 14:50 H.B. 109
2	2		1
3	3		Municipal Election Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Nelson T. Abbott
7		-	Senate Sponsor: Keith Grover
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill modifies a municipal council's power to dismiss a municipal manager.
16	15		6
17	16		Highlighted Provisions:
18	17		7
19	18		This bill:
20	19		8
21	20		▸ provides that, beginning on the day on which a municipal general election is held and
22	21		9
23	22		ending on the day on which a council member-elect begins the council member's term of
24	23		10
25	24		office, a six-member or five-member municipal council may not adopt an ordinance that
26	25		11
27	26		establishes a more restrictive procedure for the dismissal of a municipal manager; and
28	27		12
29	28		▸ makes technical and conforming changes.
30	29		13
31	30		Money Appropriated in this Bill:
32	31		14
33	32		None
34	33		15
35	34		Other Special Clauses:
36	35		16
37	36		None
38	37		17
39	38		Utah Code Sections Affected:
40	39		18
41	40		AMENDS:
42	41		19
43	42		10-3b-303, as last amended by Laws of Utah 2011, Chapter 209
44	43		20
45	44		10-3b-403, as last amended by Laws of Utah 2011, Chapter 209
46	45		21
47	46
48	47		22
49	48		Be it enacted by the Legislature of the state of Utah:
50	49		23
51	50		Section 1. Section 10-3b-303 is amended to read:
52	51		24
53	52		10-3b-303 . Council in six-member council form of government.
54	53		25
55	54		(1) The council in a municipality operating under a six-member council form of
56	55		26
57	56		government:
58	57		27
59	58		(a) exercises any executive or administrative power and performs or supervises the
60	59		28
61		-	performance of any executive or administrative duty or function that: ~~H.B. 109 Enrolled Copy~~
	60	+	performance of any executive or administrative duty or function that:
62	61		29
63	62		(i) has not been given to the mayor under Section 10-3b-104; or
64	63		30
65	64		(ii) has been given to the mayor under Section 10-3b-104 but is removed from the
66	65		31
67		-	mayor under Subsection (1)(b)(i)(A);
	66	+	mayor under Subsection (1)(b)(i)(A); H.B. 109 01-06 14:50
68	67		32
69	68		(b) may:
70	69		33
71	70		(i) subject to Subsections (1)(c) and (2), adopt an ordinance:
72	71		34
73	72		(A) removing from the mayor any power, duty, or function of the mayor under
74	73		35
75	74		Section 10-3b-104; or
76	75		36
77	76		(B) reinstating to the mayor any power, duty, or function previously removed
78	77		37
79	78		under Subsection (1)(b)(i)(A);
80	79		38
81	80		(ii) adopt an ordinance delegating to the mayor any executive or administrative
82	81		39
83	82		power, duty, or function that the council has under Subsection (1)(a);
84	83		40
85	84		(iii) subject to Subsection 10-3b-302(1)(b)(ii)(A):
86	85		41
87	86		(A) appoint, subject to Subsections (3) and (4), a manager to perform executive
88	87		42
89	88		and administrative duties or functions that the council by ordinance delegates
90	89		43
91	90		to the manager, subject to Subsection (1)(c); and
92	91		44
93	92		(B) subject to Subsection (3), dismiss a manager appointed under Subsection
94	93		45
95	94		(1)(b)(iii)(A); and
96	95		46
97	96		(iv) assign any or all council members, including the mayor, to supervise one or more
98	97		47
99	98		administrative departments of the municipality; and
100	99		48
101	100		(c) may not remove from the mayor or delegate to a manager appointed by the council:
102	101		49
103	102		(i) any of the mayor's legislative or judicial powers or ceremonial functions;
104	103		50
105	104		(ii) the mayor's position as chair of the council; or
106	105		51
107	106		(iii) any ex officio position that the mayor holds.
108	107		52
109	108		(2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the
110	109		53
111	110		mayor a power, duty, or function provided for in Section 10-3b-104 requires the
112	111		54
113	112		affirmative vote of:
114	113		55
115	114		(a) the mayor and a majority of all other council members; or
116	115		56
117	116		(b) all council members except the mayor.
118	117		57
119	118		(3)(a) As used in this Subsection (3), "interim vacancy period" means the period of time
120	119		58
121	120		that:
122	121		59
123	122		(i) begins on the day on which a municipal general election described in Section
124	123		60
125	124		10-3-201 is held to elect a council member; and
126	125		61
127	126		(ii) ends on the day on which the council member-elect begins the council member's
128	127		62
129	128		term.
130		-	- 2 - Enrolled Copy H.B. 109
131	129		63
132	130		(b)(i) [The council may not appoint a manager during an interim vacancy period.]
133	131		64
134	132		During an interim vacancy period, the council may not:
135	133		65
136	134		(A) appoint a manager; or
	135	+	- 2 - 01-06 14:50 H.B. 109
137	136		66
138	137		(B) adopt an ordinance establishing a procedure for the dismissal of a manager
139	138		67
140	139		that is more restrictive than the procedure applicable at the time the manager
141	140		68
142	141		was appointed.
143	142		69
144	143		(ii) Notwithstanding Subsection [(3)(b)(i)] (3)(b)(i)(A):
145	144		70
146	145		(A) the council may appoint an interim manager during an interim vacancy period;
147	146		71
148	147		and
149	148		72
150	149		(B) the interim manager's term shall expire once a new manager is appointed by
151	150		73
152	151		the new administration after the interim vacancy period has ended.
153	152		74
154	153		(c) Subsection (3)(b) does not apply if all the council members who held office on the
155	154		75
156	155		day of the municipal general election whose term of office was vacant for the election
157	156		76
158	157		are re-elected to the council for the following term.
159	158		77
160	159		(4) A council that appoints a manager in accordance with this section may not, on or after
161	160		78
162	161		May 10, 2011, enter into an employment contract that contains an automatic renewal
163	162		79
164	163		provision with the manager.
165	164		80
166	165		Section 2. Section 10-3b-403 is amended to read:
167	166		81
168	167		10-3b-403 . Council in a five-member council form of government.
169	168		82
170	169		(1) The council in a municipality operating under a five-member council form of municipal
171	170		83
172	171		government:
173	172		84
174	173		(a) exercises any executive or administrative power and performs or supervises the
175	174		85
176	175		performance of any executive or administrative duty or function that:
177	176		86
178	177		(i) has not been given to the mayor under Section 10-3b-104; or
179	178		87
180	179		(ii) has been given to the mayor under Section 10-3b-104 but is removed from the
181	180		88
182	181		mayor under Subsection (1)(b)(i)(A);
183	182		89
184	183		(b) may:
185	184		90
186	185		(i) subject to Subsections (1)(c) and (2), adopt an ordinance:
187	186		91
188	187		(A) removing from the mayor any power, duty, or function of the mayor under
189	188		92
190	189		Section 10-3b-104; and
191	190		93
192	191		(B) reinstating to the mayor any power, duty, or function previously removed
193	192		94
194	193		under Subsection (1)(b)(i)(A);
195	194		95
196	195		(ii) adopt an ordinance delegating to the mayor any executive or administrative
197	196		96
198	197		power, duty, or function that the council has under Subsection (1)(a);
199		-	- 3 - H.B. 109 Enrolled Copy
200	198		97
201	199		(iii) subject to Subsections (3) and (4), appoint a manager to perform executive and
202	200		98
203	201		administrative duties or functions that the council by ordinance delegates to the
204	202		99
205	203		manager, subject to Subsection (1)(c);
	204	+	- 3 - H.B. 109 01-06 14:50
206	205		100
207	206		(iv) subject to Subsection (3), dismiss a manager appointed under Subsection
208	207		101
209	208		(1)(b)(iii); and
210	209		102
211	210		(v) assign any or all council members, including the mayor, to supervise one or more
212	211		103
213	212		administrative departments of the municipality; and
214	213		104
215	214		(c) may not remove from the mayor or delegate to a manager appointed by the council:
216	215		105
217	216		(i) any of the mayor's legislative or judicial powers or ceremonial functions;
218	217		106
219	218		(ii) the mayor's position as chair of the council; or
220	219		107
221	220		(iii) any ex officio position that the mayor holds.
222	221		108
223	222		(2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to the
224	223		109
225	224		mayor a power, duty, or function provided for in Section 10-3b-104 requires the
226	225		110
227	226		affirmative vote of:
228	227		111
229	228		(a) the mayor and a majority of all other council members; or
230	229		112
231	230		(b) all council members except the mayor.
232	231		113
233	232		(3)(a) As used in this Subsection (3), "interim vacancy period" means the period of time
234	233		114
235	234		that:
236	235		115
237	236		(i) begins on the day on which a municipal general election described in Section
238	237		116
239	238		10-3-201 is held to elect a council member; and
240	239		117
241	240		(ii) ends on the day on which the council member-elect begins the council member's
242	241		118
243	242		term.
244	243		119
245	244		(b)(i) [The council may not appoint a manager during an interim vacancy period.]
246	245		120
247	246		During an interim vacancy period, the council may not:
248	247		121
249	248		(A) appoint a manager; or
250	249		122
251	250		(B) adopt an ordinance establishing a procedure for the dismissal of a manager
252	251		123
253	252		that is more restrictive than the procedure applicable at the time the manager
254	253		124
255	254		was appointed.
256	255		125
257	256		(ii) Notwithstanding Subsection [(3)(b)(i)] (3)(b)(i)(A):
258	257		126
259	258		(A) the council may appoint an interim manager during an interim vacancy period;
260	259		127
261	260		and
262	261		128
263	262		(B) the interim manager's term shall expire once a new manager is appointed by
264	263		129
265	264		the new administration after the interim vacancy period has ended.
266	265		130
267	266		(c) Subsection (3)(b) does not apply if all the council members who held office on the
268		-	- 4 - Enrolled Copy H.B. 109
269	267		131
270	268		day of the municipal general election whose term of office was vacant for the election
271	269		132
272	270		are re-elected to the council for the following term.
273	271		133
274	272		(4) A council that appoints a manager in accordance with this section may not, on or after
	273	+	- 4 - 01-06 14:50 H.B. 109
275	274		134
276	275		May 10, 2011, enter into an employment contract that contains an automatic renewal
277	276		135
278	277		provision with the manager.
279	278		136
280	279		Section 3. Effective date.
281	280		137
282	281		This bill takes effect on May 7, 2025.
283	282		- 5 -