Text of UT SB 267 (2008)

1st Sub. S.B. 267 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: R.H. Rees 6 6 02-11-08 7:39 AM 6 S.B. 267 1st Sub. (Green) *SB0267S01* Senator D. Chris Buttars proposes the following substitute bill: 1 LOCAL GOVERNMENT AUTHORITY 2 AMENDMENTS 3 2008 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: D. Chris Buttars 6 House Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill modifies provisions relating to the authority of a county or municipal 11 legislative body. 12 Highlighted Provisions: 13 This bill: 14 < prohibits county and municipal legislative bodies, mayors of municipalities, and 15 county executives, from creating or establishing a registry or any other means to 16 define, identify, or recognize a domestic partnership, civil union, or other domestic 17 relationship other than marriage for any purpose; 18 < invalidates any ordinance, resolution, rule, regulation, or other action of a county or 19 municipal legislative body in violation of the prohibition; and 20 < provides an exception. 21 Monies Appropriated in this Bill: 22 None 23 Other Special Clauses: 24 None 25 Utah Code Sections Affected: 1st Sub. (Green) S.B. 267 02-11-08 7:39 AM 26 AMENDS: 27 10-8-84, as last amended by Laws of Utah 2000, Chapter 323 28 17-53-201, as last amended by Laws of Utah 2001, Chapter 241 29 17-53-301, as last amended by Laws of Utah 2001, Chapter 241 30 ENACTS: 31 10-3-405, Utah Code Annotated 1953 32 33 Be it enacted by the Legislature of the state of Utah: 34 Section 1. Section 10-3-405 is enacted to read: 35 10-3-405. Mayor action creating domestic relationship registry prohibited. 36 (1) A mayor of a municipality may not by executive order or any other means create or 37 maintain a registry or other means that defines, identifies, or recognizes a domestic partnership, 38 civil union, or other domestic relationship other than marriage for any purpose, including to: 39 (a) establish, recognize, or administer a right of use and access to a public building or 40 facility; 41 (b) grant a right to health care visitation; and 42 (c) grand any other right or benefit. 43 (2) An executive order or other rule, regulation, or other action of a mayor in violation 44 of Subsection (1) is void. 45 (3) An executive order or other action by a mayor that makes health care benefits 46 generally available to all public employees and an approved additional named insured, 47 including a financially dependent adult designee, does not violate Subsection (1) or (2) if the 48 executive order or other action does not: 49 (a) otherwise violate public policy; or 50 (b) define or establish a separate and distinct category of citizens or domestic 51 relationships other than marriage and recognized family associations involving blood relatives. 52 Section 2. Section 10-8-84 is amended to read: 53 10-8-84. Ordinances, rules, and regulations -- Passage -- Penalties. 54 (1) [The] (a) Subject to Subsection (1)(b), a municipal legislative body may pass all 55 ordinances and rules, and make all regulations, not repugnant to law, necessary for carrying 56 into effect or discharging all powers and duties conferred by this chapter, and as are necessary - 2 - 02-11-08 7:39 AM 1st Sub. (Green) S.B. 267 57 and proper to provide for the safety and preserve the health, and promote the prosperity, 58 improve the morals, peace and good order, comfort, and convenience of the city and its 59 inhabitants, and for the protection of property in the city. 60 (b) (i) A municipal legislative body may not create or maintain a registry or other 61 means that defines, identifies, or recognizes a domestic partnership, civil union, or other 62 domestic relationship other than marriage for any purpose, including to: 63 (A) establish, recognize, or administer a right of use and access to a public building or 64 facility; 65 (B) grant a right to health care visitation; and 66 (C) grant any other right or benefit. 67 (ii) An ordinance, resolution, rule, regulation, or other action of a municipal legislative 68 body in violation of Subsection (1)(b)(i) is void. 69 (iii) An ordinance, resolution, rule, regulation, or other action by a municipal 70 legislative body that makes health care benefits generally available to all public employees and 71 an approved additional named insured, including a financially dependent adult designee, does 72 not violate Subsection (1)(b)(i) or (ii) if the ordinance, resolution, rule, regulation, or other 73 action does not: 74 (A) otherwise violate public policy; or 75 (B) define or establish a separate and distinct category of citizens or domestic 76 relationships other than marriage and recognized family associations involving blood relatives. 77 (2) The municipal legislative body may enforce obedience to the ordinances with fines 78 or penalties in accordance with Section 10-3-703. 79 Section 3. Section 17-53-201 is amended to read: 80 17-53-201. General powers, duties, and functions of county legislative body. 81 (1) Except as expressly provided otherwise in statute, each county legislative body 82 shall exercise all legislative powers, have all legislative duties, and perform all legislative 83 functions of the county, including those enumerated in this part. 84 (2) A county legislative body may take any action required by law and necessary to the 85 full discharge of its duties, even though the action is not expressly authorized by statute. 86 (3) (a) A county legislative body may not create or maintain a registry or other means 87 to define, identify, or recognize a domestic partnership, civil union, or other domestic - 3 - 1st Sub. (Green) S.B. 267 02-11-08 7:39 AM 88 relationship other than marriage for any purpose, including: 89 (i) establishing, recognizing, or administering a right of use and access to a public 90 building or facility; 91 (ii) granting a right to health care visitation; and 92 (iii) granting any other right or benefit. 93 (b) An ordinance, resolution, rule, regulation, or other action of a county legislative 94 body in violation of Subsection (3)(a) is void. 95 (iii) An ordinance, resolution, rule, regulation, or other action by a county legislative 96 body that makes health care benefits generally available to all public employees and an 97 approved additional named insured, including a financially dependent adult designee, does not 98 violate Subsection (1)(b)(i) or (ii) if the ordinance, resolution, rule, regulation, or other action 99 does not: 100 (A) otherwise violate public policy; or 101 (B) define or establish a separate and distinct category of citizens or domestic 102 relationships other than marriage and recognized family associations involving blood relatives. 103 Section 4. Section 17-53-301 is amended to read: 104 17-53-301. General powers, duties, and functions of county executive. 105 (1) The elected county executive is the chief executive officer of the county. 106 (2) Except as expressly provided otherwise in statute and except as contrary to the 107 powers, duties, and functions of other county officers expressly provided for in Chapters 16, 108 17, 18, 19, 20, 21, 22, 23, and 24, each county executive shall exercise all executive powers, 109 have all executive duties, and perform all executive functions of the county, including those 110 enumerated in this part. 111 (3) [A] (a) Subject to Subsection (3)(b), a county executive may take any action 112 required by law and necessary to the full discharge of the executive's duties, even though the 113 action is not expressly authorized in statute. 114 (b) (i) A county executive may not by executive order or any other means create or 115 maintain a registry or other means that defines, identifies, or recognizes a domestic partnership, 116 civil union, or other domestic relationship other than marriage for any purpose, including to: 117 (A) establish, recognize, or administer a right of use and access to a public building or 118 facility; - 4 - 02-11-08 7:39 AM 1st Sub. (Green) S.B. 267 119 (B) grant a right to health care visitation; and 120 (C) grand any other right or benefit. 121 (ii) An executive order or other rule, regulation, or other action of a county executive 122 in violation of Subsection (3)(b)(i) is void. 123 (iii) An executive order or other action by a county executive that makes health care 124 benefits generally available to all public employees and an approved additional named insured, 125 including a financially dependent adult designee, does not violate Subsection (3)(b)(i) or (ii) if 126 the executive order or other action does not: 127 (A) otherwise violate public policy; or 128 (B) define or establish a separate and distinct category of citizens or domestic 129 relationships other than marriage and recognized family associations involving blood relatives. - 5 -