SB4 HFA Fast 3-6 #2

            Delegate Fast moves to amend the Engrossed Committee Substitute for Senate Bill 4 on page eleven, line 273, after the words “Joint Committee on Government and Finance.”, by inserting three new subsections, designated (n), (o) and (p), to read as follows:

            “(n) On or before December 1 of each year thereafter, each participating municipality shall give a written progress report to the Municipal Home Rule Board, and on or before January 1 of each year thereafter, the Municipal Home Rule Board shall give a summary report of all the participating municipalities to the Joint Committee on Government and Finance.

 (o) In the event 30 percent of the qualified voters of the municipality, by petition duly signed by them in their own handwriting and filed with the duly elected recorder or clerk of the municipality within 45 days after the enactment or amendment by the governing body of an ordinance, act, resolution, rule, or regulation enacted or amended pursuant to the Municipal Home Rule Program, protest against the ordinance, act, resolution, rule, or regulation, enacted or amended pursuant to the Municipal Home Rule Program, the ordinance, act, resolution, rule, or regulation enacted or amended pursuant to the Municipal Home Rule Program shall not be issued or become effective until it is ratified by a majority of the legal votes cast by the qualified voters of the municipality at a regular municipal election or special municipal election, as the governing body directs: Provided, That if the charter or enacted ordinances of the municipality contains provisions enabling voters in the municipality to protest an ordinance, act, resolution, rule, or regulation enacted or amended by the governing body, this section (n) shall not apply to such  municipality. The governing body of a municipality including such election in a regular municipal election or calling a special municipal election as herein provided shall do so by ordinance duly enacted, which ordinance shall specify the date of the election, the form of publication calling the election as herein provided, and the form of ballot to be used for the election. Following the enactment of such ordinance, the governing body of the municipality shall publish notice of the election as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code, and the publication area for such publication shall be the municipality. Such notice shall be published not later than fourteen days prior to the election. All the provisions of the law concerning general elections shall apply so far as they are practicable, except as follows:

(1) Where a special election is held, the governing body, having due regard to the minimum expense involved, shall determine the number of election officials necessary to properly conduct said election, which number shall in no case be less than three commissioners and two clerks, and shall appoint the same and fix and pay their compensation, but otherwise the election officials shall be such as are  appointed to serve with respect to the general election held at the same time; and

(2) The governing body shall provide the election supplies necessary for such election and shall canvass the returns thereof.

(p) Each bond for which the proceeds from a sales and use tax enacted under this section are specifically pledged to pay the debt service must be ratified by a majority of the legal votes cast by the qualified voters of the municipality at a regular municipal election or special municipal election, as the governing body directs, before it may become effective.  Voting shall not take place until after notice of the submission is given by publication as a Class II legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code: Provided, That this subsection shall not apply retroactively to existing bonds: Provided, however, That bonds may be refunded without being ratified by election.”

And,

Renumber the following subsection “(q)”.