02-24 12:42 2nd Sub. (Gray) H.B. 408
Rex P. Shipp proposes the following substitute bill:
1
School Board Referendum Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Brady Brammer
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions related to local referendums.
6
Highlighted Provisions:
7
This bill:
8
▸ defines terms;
9
▸ subject to certain exceptions, establishes a process for voters who are residents of a
10
school district to hold a local referendum on any legislative action taken by the local
11
school board, including the local school board's decision to increase a tax or impose a
12
new tax; and
13
▸ makes technical and conforming changes.
14
Money Appropriated in this Bill:
15
None
16
Other Special Clauses:
17
None
18
Utah Code Sections Affected:
19
AMENDS:
20
10-9a-103, as last amended by Laws of Utah 2024, Chapter 464
21
10-9a-509, as last amended by Laws of Utah 2024, Chapter 415
22
17-27a-103, as last amended by Laws of Utah 2024, Chapter 464
23
17-27a-508, as last amended by Laws of Utah 2024, Chapter 415
24
20A-4-301, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
25
20A-7-101, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
26
20A-7-102, as last amended by Laws of Utah 1994, Chapter 272
27
20A-7-401.3, as last amended by Laws of Utah 2024, Chapter 438
28
20A-7-401.5, as last amended by Laws of Utah 2023, Chapter 116
29
20A-7-402, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
2nd Sub. H.B. 408 2nd Sub. (Gray) H.B. 408 02-24 12:42
30
20A-7-405, as enacted by Laws of Utah 2019, Chapter 203
31
20A-7-601, as last amended by Laws of Utah 2024, Chapters 427, 438
32
20A-7-602.5, as last amended by Laws of Utah 2024, Chapter 442
33
20A-7-602.7, as last amended by Laws of Utah 2024, Chapter 438
34
20A-7-603, as last amended by Laws of Utah 2024, Chapter 442
35
20A-7-604, as last amended by Laws of Utah 2024, Chapters 438, 442
36
20A-7-607, as last amended by Laws of Utah 2023, Chapters 107, 116
37
20A-7-608, as last amended by Laws of Utah 2024, Chapter 442
38
20A-7-609, as last amended by Laws of Utah 2023, Chapter 107
39
20A-7-609.5, as last amended by Laws of Utah 2020, Chapter 31
40
20A-7-610, as last amended by Laws of Utah 2023, Chapter 107
41
20A-7-611, as last amended by Laws of Utah 2023, Chapter 107
42
20A-7-613, as last amended by Laws of Utah 2023, Chapter 116
43
20A-7-614, as last amended by Laws of Utah 2024, Chapter 442
44
63G-30-102, as enacted by Laws of Utah 2023, Chapter 435
45
46
Be it enacted by the Legislature of the state of Utah:
47
Section 1. Section 10-9a-103 is amended to read:
48
10-9a-103 . Definitions.
49
As used in this chapter:
50
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
51
detached from a primary single-family dwelling and contained on one lot.
52
(2) "Adversely affected party" means a person other than a land use applicant who:
53
(a) owns real property adjoining the property that is the subject of a land use application
54
or land use decision; or
55
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
56
general community as a result of the land use decision.
57
(3) "Affected entity" means a county, municipality, special district, special service district
58
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
59
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
60
specified public utility, property owner, property owners association, or the Department
61
of Transportation, if:
62
(a) the entity's services or facilities are likely to require expansion or significant
63
modification because of an intended use of land;
- 2 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
64
(b) the entity has filed with the municipality a copy of the entity's general or long-range
65
plan; or
66
(c) the entity has filed with the municipality a request for notice during the same
67
calendar year and before the municipality provides notice to an affected entity in
68
compliance with a requirement imposed under this chapter.
69
(4) "Affected owner" means the owner of real property that is:
70
(a) a single project;
71
(b) the subject of a land use approval that sponsors of a referendum timely challenged in
72
accordance with [Subsection 20A-7-601(6)] Section 20A-7-601; and
73
(c) determined to be legally referable under Section 20A-7-602.8.
74
(5) "Appeal authority" means the person, board, commission, agency, or other body
75
designated by ordinance to decide an appeal of a decision of a land use application or a
76
variance.
77
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
78
residential property if the sign is designed or intended to direct attention to a business,
79
product, or service that is not sold, offered, or existing on the property where the sign is
80
located.
81
(7)(a) "Charter school" means:
82
(i) an operating charter school;
83
(ii) a charter school applicant that a charter school authorizer approves in accordance
84
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
85
(iii) an entity that is working on behalf of a charter school or approved charter
86
applicant to develop or construct a charter school building.
87
(b) "Charter school" does not include a therapeutic school.
88
(8) "Conditional use" means a land use that, because of the unique characteristics or
89
potential impact of the land use on the municipality, surrounding neighbors, or adjacent
90
land uses, may not be compatible in some areas or may be compatible only if certain
91
conditions are required that mitigate or eliminate the detrimental impacts.
92
(9) "Constitutional taking" means a governmental action that results in a taking of private
93
property so that compensation to the owner of the property is required by the:
94
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
95
(b) Utah Constitution, Article I, Section 22.
96
(10) "Culinary water authority" means the department, agency, or public entity with
97
responsibility to review and approve the feasibility of the culinary water system and
- 3 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
98
sources for the subject property.
99
(11) "Development activity" means:
100
(a) any construction or expansion of a building, structure, or use that creates additional
101
demand and need for public facilities;
102
(b) any change in use of a building or structure that creates additional demand and need
103
for public facilities; or
104
(c) any change in the use of land that creates additional demand and need for public
105
facilities.
106
(12)(a) "Development agreement" means a written agreement or amendment to a written
107
agreement between a municipality and one or more parties that regulates or controls
108
the use or development of a specific area of land.
109
(b) "Development agreement" does not include an improvement completion assurance.
110
(13)(a) "Disability" means a physical or mental impairment that substantially limits one
111
or more of a person's major life activities, including a person having a record of such
112
an impairment or being regarded as having such an impairment.
113
(b) "Disability" does not include current illegal use of, or addiction to, any federally
114
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
115
U.S.C. 802.
116
(14) "Educational facility":
117
(a) means:
118
(i) a school district's building at which pupils assemble to receive instruction in a
119
program for any combination of grades from preschool through grade 12,
120
including kindergarten and a program for children with disabilities;
121
(ii) a structure or facility:
122
(A) located on the same property as a building described in Subsection (14)(a)(i);
123
and
124
(B) used in support of the use of that building; and
125
(iii) a building to provide office and related space to a school district's administrative
126
personnel; and
127
(b) does not include:
128
(i) land or a structure, including land or a structure for inventory storage, equipment
129
storage, food processing or preparing, vehicle storage or maintenance, or similar
130
use that is:
131
(A) not located on the same property as a building described in Subsection
- 4 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
132
(14)(a)(i); and
133
(B) used in support of the purposes of a building described in Subsection
134
(14)(a)(i); or
135
(ii) a therapeutic school.
136
(15) "Fire authority" means the department, agency, or public entity with responsibility to
137
review and approve the feasibility of fire protection and suppression services for the
138
subject property.
139
(16) "Flood plain" means land that:
140
(a) is within the 100-year flood plain designated by the Federal Emergency Management
141
Agency; or
142
(b) has not been studied or designated by the Federal Emergency Management Agency
143
but presents a likelihood of experiencing chronic flooding or a catastrophic flood
144
event because the land has characteristics that are similar to those of a 100-year flood
145
plain designated by the Federal Emergency Management Agency.
146
(17) "General plan" means a document that a municipality adopts that sets forth general
147
guidelines for proposed future development of the land within the municipality.
148
(18) "Geologic hazard" means:
149
(a) a surface fault rupture;
150
(b) shallow groundwater;
151
(c) liquefaction;
152
(d) a landslide;
153
(e) a debris flow;
154
(f) unstable soil;
155
(g) a rock fall; or
156
(h) any other geologic condition that presents a risk:
157
(i) to life;
158
(ii) of substantial loss of real property; or
159
(iii) of substantial damage to real property.
160
(19) "Historic preservation authority" means a person, board, commission, or other body
161
designated by a legislative body to:
162
(a) recommend land use regulations to preserve local historic districts or areas; and
163
(b) administer local historic preservation land use regulations within a local historic
164
district or area.
165
(20) "Home-based microschool" means the same as that term is defined in Section
- 5 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
166
53G-6-201.
167
(21) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,
168
or appurtenance that connects to a municipal water, sewer, storm water, power, or other
169
utility system.
170
(22) "Identical plans" means building plans submitted to a municipality that:
171
(a) are clearly marked as "identical plans";
172
(b) are substantially identical to building plans that were previously submitted to and
173
reviewed and approved by the municipality; and
174
(c) describe a building that:
175
(i) is located on land zoned the same as the land on which the building described in
176
the previously approved plans is located;
177
(ii) is subject to the same geological and meteorological conditions and the same law
178
as the building described in the previously approved plans;
179
(iii) has a floor plan identical to the building plan previously submitted to and
180
reviewed and approved by the municipality; and
181
(iv) does not require any additional engineering or analysis.
182
(23) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact
183
Fees Act.
184
(24) "Improvement completion assurance" means a surety bond, letter of credit, financial
185
institution bond, cash, assignment of rights, lien, or other equivalent security required by
186
a municipality to guaranty the proper completion of landscaping or an infrastructure
187
improvement required as a condition precedent to:
188
(a) recording a subdivision plat; or
189
(b) development of a commercial, industrial, mixed use, or multifamily project.
190
(25) "Improvement warranty" means an applicant's unconditional warranty that the
191
applicant's installed and accepted landscaping or infrastructure improvement:
192
(a) complies with the municipality's written standards for design, materials, and
193
workmanship; and
194
(b) will not fail in any material respect, as a result of poor workmanship or materials,
195
within the improvement warranty period.
196
(26) "Improvement warranty period" means a period:
197
(a) no later than one year after a municipality's acceptance of required landscaping; or
198
(b) no later than one year after a municipality's acceptance of required infrastructure,
199
unless the municipality:
- 6 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
200
(i) determines for good cause that a one-year period would be inadequate to protect
201
the public health, safety, and welfare; and
202
(ii) has substantial evidence, on record:
203
(A) of prior poor performance by the applicant; or
204
(B) that the area upon which the infrastructure will be constructed contains
205
suspect soil and the municipality has not otherwise required the applicant to
206
mitigate the suspect soil.
207
(27) "Infrastructure improvement" means permanent infrastructure that is essential for the
208
public health and safety or that:
209
(a) is required for human occupation; and
210
(b) an applicant must install:
211
(i) in accordance with published installation and inspection specifications for public
212
improvements; and
213
(ii) whether the improvement is public or private, as a condition of:
214
(A) recording a subdivision plat;
215
(B) obtaining a building permit; or
216
(C) development of a commercial, industrial, mixed use, condominium, or
217
multifamily project.
218
(28) "Internal lot restriction" means a platted note, platted demarcation, or platted
219
designation that:
220
(a) runs with the land; and
221
(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on
222
the plat; or
223
(ii) designates a development condition that is enclosed within the perimeter of a lot
224
described on the plat.
225
(29) "Land use applicant" means a property owner, or the property owner's designee, who
226
submits a land use application regarding the property owner's land.
227
(30) "Land use application":
228
(a) means an application that is:
229
(i) required by a municipality; and
230
(ii) submitted by a land use applicant to obtain a land use decision; and
231
(b) does not mean an application to enact, amend, or repeal a land use regulation.
232
(31) "Land use authority" means:
233
(a) a person, board, commission, agency, or body, including the local legislative body,
- 7 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
234
designated by the local legislative body to act upon a land use application; or
235
(b) if the local legislative body has not designated a person, board, commission, agency,
236
or body, the local legislative body.
237
(32) "Land use decision" means an administrative decision of a land use authority or appeal
238
authority regarding:
239
(a) a land use permit; or
240
(b) a land use application.
241
(33) "Land use permit" means a permit issued by a land use authority.
242
(34) "Land use regulation":
243
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
244
specification, fee, or rule that governs the use or development of land;
245
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
246
and
247
(c) does not include:
248
(i) a land use decision of the legislative body acting as the land use authority, even if
249
the decision is expressed in a resolution or ordinance; or
250
(ii) a temporary revision to an engineering specification that does not materially:
251
(A) increase a land use applicant's cost of development compared to the existing
252
specification; or
253
(B) impact a land use applicant's use of land.
254
(35) "Legislative body" means the municipal council.
255
(36) "Local historic district or area" means a geographically definable area that:
256
(a) contains any combination of buildings, structures, sites, objects, landscape features,
257
archeological sites, or works of art that contribute to the historic preservation goals of
258
a legislative body; and
259
(b) is subject to land use regulations to preserve the historic significance of the local
260
historic district or area.
261
(37) "Lot" means a tract of land, regardless of any label, that is created by and shown on a
262
subdivision plat that has been recorded in the office of the county recorder.
263
(38)(a) "Lot line adjustment" means a relocation of a lot line boundary between
264
adjoining lots or between a lot and adjoining parcels in accordance with Section
265
10-9a-608:
266
(i) whether or not the lots are located in the same subdivision; and
267
(ii) with the consent of the owners of record.
- 8 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
268
(b) "Lot line adjustment" does not mean a new boundary line that:
269
(i) creates an additional lot; or
270
(ii) constitutes a subdivision or a subdivision amendment.
271
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
272
Department of Transportation.
273
(39) "Major transit investment corridor" means public transit service that uses or occupies:
274
(a) public transit rail right-of-way;
275
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
276
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
277
municipality or county and:
278
(i) a public transit district as defined in Section 17B-2a-802; or
279
(ii) an eligible political subdivision as defined in Section 59-12-2219.
280
(40) "Micro-education entity" means the same as that term is defined in Section 53G-6-201.
281
(41) "Moderate income housing" means housing occupied or reserved for occupancy by
282
households with a gross household income equal to or less than 80% of the median gross
283
income for households of the same size in the county in which the city is located.
284
(42) "Municipal utility easement" means an easement that:
285
(a) is created or depicted on a plat recorded in a county recorder's office and is described
286
as a municipal utility easement granted for public use;
287
(b) is not a protected utility easement or a public utility easement as defined in Section
288
54-3-27;
289
(c) the municipality or the municipality's affiliated governmental entity uses and
290
occupies to provide a utility service, including sanitary sewer, culinary water,
291
electrical, storm water, or communications or data lines;
292
(d) is used or occupied with the consent of the municipality in accordance with an
293
authorized franchise or other agreement;
294
(e)(i) is used or occupied by a specified public utility in accordance with an
295
authorized franchise or other agreement; and
296
(ii) is located in a utility easement granted for public use; or
297
(f) is described in Section 10-9a-529 and is used by a specified public utility.
298
(43) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
299
spent and expenses incurred in:
300
(a) verifying that building plans are identical plans; and
301
(b) reviewing and approving those minor aspects of identical plans that differ from the
- 9 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
302
previously reviewed and approved building plans.
303
(44) "Noncomplying structure" means a structure that:
304
(a) legally existed before the structure's current land use designation; and
305
(b) because of one or more subsequent land use ordinance changes, does not conform to
306
the setback, height restrictions, or other regulations, excluding those regulations,
307
which govern the use of land.
308
(45) "Nonconforming use" means a use of land that:
309
(a) legally existed before its current land use designation;
310
(b) has been maintained continuously since the time the land use ordinance governing
311
the land changed; and
312
(c) because of one or more subsequent land use ordinance changes, does not conform to
313
the regulations that now govern the use of the land.
314
(46) "Official map" means a map drawn by municipal authorities and recorded in a county
315
recorder's office that:
316
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
317
highways and other transportation facilities;
318
(b) provides a basis for restricting development in designated rights-of-way or between
319
designated setbacks to allow the government authorities time to purchase or
320
otherwise reserve the land; and
321
(c) has been adopted as an element of the municipality's general plan.
322
(47) "Parcel" means any real property that is not a lot.
323
(48)(a) "Parcel boundary adjustment" means a recorded agreement between owners of
324
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
325
agreement in accordance with Section 10-9a-524, if no additional parcel is created
326
and:
327
(i) none of the property identified in the agreement is a lot; or
328
(ii) the adjustment is to the boundaries of a single person's parcels.
329
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary line
330
that:
331
(i) creates an additional parcel; or
332
(ii) constitutes a subdivision.
333
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
334
the Department of Transportation.
335
(49) "Person" means an individual, corporation, partnership, organization, association, trust,
- 10 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
336
governmental agency, or any other legal entity.
337
(50) "Plan for moderate income housing" means a written document adopted by a
338
municipality's legislative body that includes:
339
(a) an estimate of the existing supply of moderate income housing located within the
340
municipality;
341
(b) an estimate of the need for moderate income housing in the municipality for the next
342
five years;
343
(c) a survey of total residential land use;
344
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
345
income housing; and
346
(e) a description of the municipality's program to encourage an adequate supply of
347
moderate income housing.
348
(51) "Plat" means an instrument subdividing property into lots as depicted on a map or
349
other graphical representation of lands that a licensed professional land surveyor makes
350
and prepares in accordance with Section 10-9a-603 or 57-8-13.
351
(52) "Potential geologic hazard area" means an area that:
352
(a) is designated by a Utah Geological Survey map, county geologist map, or other
353
relevant map or report as needing further study to determine the area's potential for
354
geologic hazard; or
355
(b) has not been studied by the Utah Geological Survey or a county geologist but
356
presents the potential of geologic hazard because the area has characteristics similar
357
to those of a designated geologic hazard area.
358
(53) "Public agency" means:
359
(a) the federal government;
360
(b) the state;
361
(c) a county, municipality, school district, special district, special service district, or
362
other political subdivision of the state; or
363
(d) a charter school.
364
(54) "Public hearing" means a hearing at which members of the public are provided a
365
reasonable opportunity to comment on the subject of the hearing.
366
(55) "Public meeting" means a meeting that is required to be open to the public under Title
367
52, Chapter 4, Open and Public Meetings Act.
368
(56) "Public street" means a public right-of-way, including a public highway, public
369
avenue, public boulevard, public parkway, public road, public lane, public alley, public
- 11 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
370
viaduct, public subway, public tunnel, public bridge, public byway, other public
371
transportation easement, or other public way.
372
(57) "Receiving zone" means an area of a municipality that the municipality designates, by
373
ordinance, as an area in which an owner of land may receive a transferable development
374
right.
375
(58) "Record of survey map" means a map of a survey of land prepared in accordance with
376
Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
377
(59) "Residential facility for persons with a disability" means a residence:
378
(a) in which more than one person with a disability resides; and
379
(b) which is licensed or certified by the Department of Health and Human Services
380
under:
381
(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
382
(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
383
(60) "Residential roadway" means a public local residential road that:
384
(a) will serve primarily to provide access to adjacent primarily residential areas and
385
property;
386
(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
387
(c) is not identified as a supplementary to a collector or other higher system classified
388
street in an approved municipal street or transportation master plan;
389
(d) has a posted speed limit of 25 miles per hour or less;
390
(e) does not have higher traffic volumes resulting from connecting previously separated
391
areas of the municipal road network;
392
(f) cannot have a primary access, but can have a secondary access, and does not abut lots
393
intended for high volume traffic or community centers, including schools, recreation
394
centers, sports complexes, or libraries; and
395
(g) primarily serves traffic within a neighborhood or limited residential area and is not
396
necessarily continuous through several residential areas.
397
(61) "Rules of order and procedure" means a set of rules that govern and prescribe in a
398
public meeting:
399
(a) parliamentary order and procedure;
400
(b) ethical behavior; and
401
(c) civil discourse.
402
(62) "Sanitary sewer authority" means the department, agency, or public entity with
403
responsibility to review and approve the feasibility of sanitary sewer services or onsite
- 12 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
404
wastewater systems.
405
(63) "Sending zone" means an area of a municipality that the municipality designates, by
406
ordinance, as an area from which an owner of land may transfer a transferable
407
development right.
408
(64) "Special district" means an entity under Title 17B, Limited Purpose Local Government
409
Entities - Special Districts, and any other governmental or quasi-governmental entity
410
that is not a county, municipality, school district, or the state.
411
(65) "Specified public agency" means:
412
(a) the state;
413
(b) a school district; or
414
(c) a charter school.
415
(66) "Specified public utility" means an electrical corporation, gas corporation, or telephone
416
corporation, as those terms are defined in Section 54-2-1.
417
(67) "State" includes any department, division, or agency of the state.
418
(68)(a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
419
divided into two or more lots or other division of land for the purpose, whether
420
immediate or future, for offer, sale, lease, or development either on the installment
421
plan or upon any and all other plans, terms, and conditions.
422
(b) "Subdivision" includes:
423
(i) the division or development of land, whether by deed, metes and bounds
424
description, devise and testacy, map, plat, or other recorded instrument, regardless
425
of whether the division includes all or a portion of a parcel or lot; and
426
(ii) except as provided in Subsection (68)(c), divisions of land for residential and
427
nonresidential uses, including land used or to be used for commercial, agricultural,
428
and industrial purposes.
429
(c) "Subdivision" does not include:
430
(i) a bona fide division or partition of agricultural land for the purpose of joining one
431
of the resulting separate parcels to a contiguous parcel of unsubdivided
432
agricultural land, if neither the resulting combined parcel nor the parcel remaining
433
from the division or partition violates an applicable land use ordinance;
434
(ii) a boundary line agreement recorded with the county recorder's office between
435
owners of adjoining parcels adjusting the mutual boundary in accordance with
436
Section 10-9a-524 if no new parcel is created;
437
(iii) a recorded document, executed by the owner of record:
- 13 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
438
(A) revising the legal descriptions of multiple parcels into one legal description
439
encompassing all such parcels; or
440
(B) joining a lot to a parcel;
441
(iv) a boundary line agreement between owners of adjoining subdivided properties
442
adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and
443
10-9a-608 if:
444
(A) no new dwelling lot or housing unit will result from the adjustment; and
445
(B) the adjustment will not violate any applicable land use ordinance;
446
(v) a bona fide division of land by deed or other instrument if the deed or other
447
instrument states in writing that the division:
448
(A) is in anticipation of future land use approvals on the parcel or parcels;
449
(B) does not confer any land use approvals; and
450
(C) has not been approved by the land use authority;
451
(vi) a parcel boundary adjustment;
452
(vii) a lot line adjustment;
453
(viii) a road, street, or highway dedication plat;
454
(ix) a deed or easement for a road, street, or highway purpose; or
455
(x) any other division of land authorized by law.
456
(69)(a) "Subdivision amendment" means an amendment to a recorded subdivision in
457
accordance with Section 10-9a-608 that:
458
(i) vacates all or a portion of the subdivision;
459
(ii) alters the outside boundary of the subdivision;
460
(iii) changes the number of lots within the subdivision;
461
(iv) alters a public right-of-way, a public easement, or public infrastructure within the
462
subdivision; or
463
(v) alters a common area or other common amenity within the subdivision.
464
(b) "Subdivision amendment" does not include a lot line adjustment, between a single lot
465
and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
466
(70) "Substantial evidence" means evidence that:
467
(a) is beyond a scintilla; and
468
(b) a reasonable mind would accept as adequate to support a conclusion.
469
(71) "Suspect soil" means soil that has:
470
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
471
3% swell potential;
- 14 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
472
(b) bedrock units with high shrink or swell susceptibility; or
473
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
474
commonly associated with dissolution and collapse features.
475
(72) "Therapeutic school" means a residential group living facility:
476
(a) for four or more individuals who are not related to:
477
(i) the owner of the facility; or
478
(ii) the primary service provider of the facility;
479
(b) that serves students who have a history of failing to function:
480
(i) at home;
481
(ii) in a public school; or
482
(iii) in a nonresidential private school; and
483
(c) that offers:
484
(i) room and board; and
485
(ii) an academic education integrated with:
486
(A) specialized structure and supervision; or
487
(B) services or treatment related to a disability, an emotional development, a
488
behavioral development, a familial development, or a social development.
489
(73) "Transferable development right" means a right to develop and use land that originates
490
by an ordinance that authorizes a land owner in a designated sending zone to transfer
491
land use rights from a designated sending zone to a designated receiving zone.
492
(74) "Unincorporated" means the area outside of the incorporated area of a city or town.
493
(75) "Water interest" means any right to the beneficial use of water, including:
494
(a) each of the rights listed in Section 73-1-11; and
495
(b) an ownership interest in the right to the beneficial use of water represented by:
496
(i) a contract; or
497
(ii) a share in a water company, as defined in Section 73-3-3.5.
498
(76) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land
499
use zones, overlays, or districts.
500
Section 2. Section 10-9a-509 is amended to read:
501
10-9a-509 . Applicant's entitlement to land use application approval --
502
Municipality's requirements and limitations -- Vesting upon submission of development
503
plan and schedule.
504
(1)(a)(i) An applicant who has submitted a complete land use application as
505
described in Subsection (1)(c), including the payment of all application fees, is
- 15 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
506
entitled to substantive review of the application under the land use regulations:
507
(A) in effect on the date that the application is complete; and
508
(B) applicable to the application or to the information shown on the application.
509
(ii) An applicant is entitled to approval of a land use application if the application
510
conforms to the requirements of the applicable land use regulations, land use
511
decisions, and development standards in effect when the applicant submits a
512
complete application and pays application fees, unless:
513
(A) the land use authority, on the record, formally finds that a compelling,
514
countervailing public interest would be jeopardized by approving the
515
application and specifies the compelling, countervailing public interest in
516
writing; or
517
(B) in the manner provided by local ordinance and before the applicant submits
518
the application, the municipality formally initiates proceedings to amend the
519
municipality's land use regulations in a manner that would prohibit approval of
520
the application as submitted.
521
(b) The municipality shall process an application without regard to proceedings the
522
municipality initiated to amend the municipality's ordinances as described in
523
Subsection (1)(a)(ii)(B) if:
524
(i) 180 days have passed since the municipality initiated the proceedings; and
525
(ii)(A) the proceedings have not resulted in an enactment that prohibits approval
526
of the application as submitted; or
527
(B) during the 12 months prior to the municipality processing the application, or
528
multiple applications of the same type, are impaired or prohibited under the
529
terms of a temporary land use regulation adopted under Section 10-9a-504.
530
(c) A land use application is considered submitted and complete when the applicant
531
provides the application in a form that complies with the requirements of applicable
532
ordinances and pays all applicable fees.
533
(d) A subsequent incorporation of a municipality or a petition that proposes the
534
incorporation of a municipality does not affect a land use application approved by a
535
county in accordance with Section 17-27a-508.
536
(e) Unless a phasing sequence is required in an executed development agreement, a
537
municipality shall, without regard to any other separate and distinct land use
538
application, accept and process a complete land use application.
539
(f) The continuing validity of an approval of a land use application is conditioned upon
- 16 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
540
the applicant proceeding after approval to implement the approval with reasonable
541
diligence.
542
(g) A municipality may not impose on an applicant who has submitted a complete
543
application a requirement that is not expressed in:
544
(i) this chapter;
545
(ii) a municipal ordinance in effect on the date that the applicant submits a complete
546
application, subject to Subsection 10-9a-509(1)(a)(ii); or
547
(iii) a municipal specification for public improvements applicable to a subdivision or
548
development that is in effect on the date that the applicant submits an application.
549
(h) A municipality may not impose on a holder of an issued land use permit or a final,
550
unexpired subdivision plat a requirement that is not expressed:
551
(i) in a land use permit;
552
(ii) on the subdivision plat;
553
(iii) in a document on which the land use permit or subdivision plat is based;
554
(iv) in the written record evidencing approval of the land use permit or subdivision
555
plat;
556
(v) in this chapter;
557
(vi) in a municipal ordinance; or
558
(vii) in a municipal specification for residential roadways in effect at the time a
559
residential subdivision was approved.
560
(i) Except as provided in Subsection (1)(j) or (k), a municipality may not withhold
561
issuance of a certificate of occupancy or acceptance of subdivision improvements
562
because of an applicant's failure to comply with a requirement that is not expressed:
563
(i) in the building permit or subdivision plat, documents on which the building permit
564
or subdivision plat is based, or the written record evidencing approval of the land
565
use permit or subdivision plat; or
566
(ii) in this chapter or the municipality's ordinances.
567
(j) A municipality may not unreasonably withhold issuance of a certificate of occupancy
568
where an applicant has met all requirements essential for the public health, public
569
safety, and general welfare of the occupants, in accordance with this chapter, unless:
570
(i) the applicant and the municipality have agreed in a written document to the
571
withholding of a certificate of occupancy; or
572
(ii) the applicant has not provided a financial assurance for required and uncompleted
573
public landscaping improvements or infrastructure improvements in accordance
- 17 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
574
with an applicable ordinance that the legislative body adopts under this chapter.
575
(k) A municipality may not conduct a final inspection required before issuing a
576
certificate of occupancy for a residential unit that is within the boundary of an
577
infrastructure financing district, as defined in Section 17B-1-102, until the applicant
578
for the certificate of occupancy provides adequate proof to the municipality that any
579
lien on the unit arising from the infrastructure financing district's assessment against
580
the unit under Title 11, Chapter 42, Assessment Area Act, has been released after
581
payment in full of the infrastructure financing district's assessment against that unit.
582
(2) A municipality is bound by the terms and standards of applicable land use regulations
583
and shall comply with mandatory provisions of those regulations.
584
(3) A municipality may not, as a condition of land use application approval, require a
585
person filing a land use application to obtain documentation regarding a school district's
586
willingness, capacity, or ability to serve the development proposed in the land use
587
application.
588
(4) Upon a specified public agency's submission of a development plan and schedule as
589
required in Subsection 10-9a-305(8) that complies with the requirements of that
590
subsection, the specified public agency vests in the municipality's applicable land use
591
maps, zoning map, hookup fees, impact fees, other applicable development fees, and
592
land use regulations in effect on the date of submission.
593
(5)(a) If sponsors of a referendum timely challenge a project in accordance with [
594
Subsection 20A-7-601(6)] Section 20A-7-601, the project's affected owner may
595
rescind the project's land use approval by delivering a written notice:
596
(i) to the local clerk as defined in Section 20A-7-101; and
597
(ii) no later than seven days after the day on which a petition for a referendum is
598
determined sufficient under Subsection 20A-7-607(5).
599
(b) Upon delivery of a written notice described in Subsection (5)(a) the following are
600
rescinded and are of no further force or effect:
601
(i) the relevant land use approval; and
602
(ii) any land use regulation enacted specifically in relation to the land use approval.
603
(6)(a) After issuance of a building permit, a municipality may not:
604
(i) change or add to the requirements expressed in the building permit, unless the
605
change or addition is:
606
(A) requested by the building permit holder; or
607
(B) necessary to comply with an applicable state building code; or
- 18 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
608
(ii) revoke the building permit or take action that has the effect of revoking the
609
building permit.
610
(b) Subsection (6)(a) does not prevent a municipality from issuing a building permit that
611
contains an expiration date defined in the building permit.
612
Section 3. Section 17-27a-103 is amended to read:
613
17-27a-103 . Definitions.
614
As used in this chapter:
615
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
616
detached from a primary single-family dwelling and contained on one lot.
617
(2) "Adversely affected party" means a person other than a land use applicant who:
618
(a) owns real property adjoining the property that is the subject of a land use application
619
or land use decision; or
620
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
621
general community as a result of the land use decision.
622
(3) "Affected entity" means a county, municipality, special district, special service district
623
under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
624
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
625
specified property owner, property owner's association, public utility, or the Department
626
of Transportation, if:
627
(a) the entity's services or facilities are likely to require expansion or significant
628
modification because of an intended use of land;
629
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
630
or
631
(c) the entity has filed with the county a request for notice during the same calendar year
632
and before the county provides notice to an affected entity in compliance with a
633
requirement imposed under this chapter.
634
(4) "Affected owner" means the owner of real property that is:
635
(a) a single project;
636
(b) the subject of a land use approval that sponsors of a referendum timely challenged in
637
accordance with [Subsection 20A-7-601(6)] Section 20A-7-601; and
638
(c) determined to be legally referable under Section 20A-7-602.8.
639
(5) "Appeal authority" means the person, board, commission, agency, or other body
640
designated by ordinance to decide an appeal of a decision of a land use application or a
641
variance.
- 19 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
642
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
643
residential property if the sign is designed or intended to direct attention to a business,
644
product, or service that is not sold, offered, or existing on the property where the sign is
645
located.
646
(7)(a) "Charter school" means:
647
(i) an operating charter school;
648
(ii) a charter school applicant that a charter school authorizer approves in accordance
649
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
650
(iii) an entity that is working on behalf of a charter school or approved charter
651
applicant to develop or construct a charter school building.
652
(b) "Charter school" does not include a therapeutic school.
653
(8) "Chief executive officer" means the person or body that exercises the executive powers
654
of the county.
655
(9) "Conditional use" means a land use that, because of the unique characteristics or
656
potential impact of the land use on the county, surrounding neighbors, or adjacent land
657
uses, may not be compatible in some areas or may be compatible only if certain
658
conditions are required that mitigate or eliminate the detrimental impacts.
659
(10) "Constitutional taking" means a governmental action that results in a taking of private
660
property so that compensation to the owner of the property is required by the:
661
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
662
(b) Utah Constitution, Article I, Section 22.
663
(11) "County utility easement" means an easement that:
664
(a) a plat recorded in a county recorder's office described as a county utility easement or
665
otherwise as a utility easement;
666
(b) is not a protected utility easement or a public utility easement as defined in Section
667
54-3-27;
668
(c) the county or the county's affiliated governmental entity owns or creates; and
669
(d)(i) either:
670
(A) no person uses or occupies; or
671
(B) the county or the county's affiliated governmental entity uses and occupies to
672
provide a utility service, including sanitary sewer, culinary water, electrical,
673
storm water, or communications or data lines; or
674
(ii) a person uses or occupies with or without an authorized franchise or other
675
agreement with the county.
- 20 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
676
(12) "Culinary water authority" means the department, agency, or public entity with
677
responsibility to review and approve the feasibility of the culinary water system and
678
sources for the subject property.
679
(13) "Development activity" means:
680
(a) any construction or expansion of a building, structure, or use that creates additional
681
demand and need for public facilities;
682
(b) any change in use of a building or structure that creates additional demand and need
683
for public facilities; or
684
(c) any change in the use of land that creates additional demand and need for public
685
facilities.
686
(14)(a) "Development agreement" means a written agreement or amendment to a written
687
agreement between a county and one or more parties that regulates or controls the use
688
or development of a specific area of land.
689
(b) "Development agreement" does not include an improvement completion assurance.
690
(15)(a) "Disability" means a physical or mental impairment that substantially limits one
691
or more of a person's major life activities, including a person having a record of such
692
an impairment or being regarded as having such an impairment.
693
(b) "Disability" does not include current illegal use of, or addiction to, any federally
694
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
695
U.S.C. Sec. 802.
696
(16) "Educational facility":
697
(a) means:
698
(i) a school district's building at which pupils assemble to receive instruction in a
699
program for any combination of grades from preschool through grade 12,
700
including kindergarten and a program for children with disabilities;
701
(ii) a structure or facility:
702
(A) located on the same property as a building described in Subsection (16)(a)(i);
703
and
704
(B) used in support of the use of that building; and
705
(iii) a building to provide office and related space to a school district's administrative
706
personnel; and
707
(b) does not include:
708
(i) land or a structure, including land or a structure for inventory storage, equipment
709
storage, food processing or preparing, vehicle storage or maintenance, or similar
- 21 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
710
use that is:
711
(A) not located on the same property as a building described in Subsection
712
(16)(a)(i); and
713
(B) used in support of the purposes of a building described in Subsection
714
(16)(a)(i); or
715
(ii) a therapeutic school.
716
(17) "Fire authority" means the department, agency, or public entity with responsibility to
717
review and approve the feasibility of fire protection and suppression services for the
718
subject property.
719
(18) "Flood plain" means land that:
720
(a) is within the 100-year flood plain designated by the Federal Emergency Management
721
Agency; or
722
(b) has not been studied or designated by the Federal Emergency Management Agency
723
but presents a likelihood of experiencing chronic flooding or a catastrophic flood
724
event because the land has characteristics that are similar to those of a 100-year flood
725
plain designated by the Federal Emergency Management Agency.
726
(19) "Gas corporation" has the same meaning as defined in Section 54-2-1.
727
(20) "General plan" means a document that a county adopts that sets forth general
728
guidelines for proposed future development of:
729
(a) the unincorporated land within the county; or
730
(b) for a mountainous planning district, the land within the mountainous planning
731
district.
732
(21) "Geologic hazard" means:
733
(a) a surface fault rupture;
734
(b) shallow groundwater;
735
(c) liquefaction;
736
(d) a landslide;
737
(e) a debris flow;
738
(f) unstable soil;
739
(g) a rock fall; or
740
(h) any other geologic condition that presents a risk:
741
(i) to life;
742
(ii) of substantial loss of real property; or
743
(iii) of substantial damage to real property.
- 22 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
744
(22) "Home-based microschool" means the same as that term is defined in Section
745
53G-6-201.
746
(23) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,
747
or appurtenance to connect to a county water, sewer, storm water, power, or other utility
748
system.
749
(24) "Identical plans" means building plans submitted to a county that:
750
(a) are clearly marked as "identical plans";
751
(b) are substantially identical building plans that were previously submitted to and
752
reviewed and approved by the county; and
753
(c) describe a building that:
754
(i) is located on land zoned the same as the land on which the building described in
755
the previously approved plans is located;
756
(ii) is subject to the same geological and meteorological conditions and the same law
757
as the building described in the previously approved plans;
758
(iii) has a floor plan identical to the building plan previously submitted to and
759
reviewed and approved by the county; and
760
(iv) does not require any additional engineering or analysis.
761
(25) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact
762
Fees Act.
763
(26) "Improvement completion assurance" means a surety bond, letter of credit, financial
764
institution bond, cash, assignment of rights, lien, or other equivalent security required by
765
a county to guaranty the proper completion of landscaping or an infrastructure
766
improvement required as a condition precedent to:
767
(a) recording a subdivision plat; or
768
(b) development of a commercial, industrial, mixed use, or multifamily project.
769
(27) "Improvement warranty" means an applicant's unconditional warranty that the
770
applicant's installed and accepted landscaping or infrastructure improvement:
771
(a) complies with the county's written standards for design, materials, and workmanship;
772
and
773
(b) will not fail in any material respect, as a result of poor workmanship or materials,
774
within the improvement warranty period.
775
(28) "Improvement warranty period" means a period:
776
(a) no later than one year after a county's acceptance of required landscaping; or
777
(b) no later than one year after a county's acceptance of required infrastructure, unless
- 23 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
778
the county:
779
(i) determines for good cause that a one-year period would be inadequate to protect
780
the public health, safety, and welfare; and
781
(ii) has substantial evidence, on record:
782
(A) of prior poor performance by the applicant; or
783
(B) that the area upon which the infrastructure will be constructed contains
784
suspect soil and the county has not otherwise required the applicant to mitigate
785
the suspect soil.
786
(29) "Infrastructure improvement" means permanent infrastructure that is essential for the
787
public health and safety or that:
788
(a) is required for human consumption; and
789
(b) an applicant must install:
790
(i) in accordance with published installation and inspection specifications for public
791
improvements; and
792
(ii) as a condition of:
793
(A) recording a subdivision plat;
794
(B) obtaining a building permit; or
795
(C) developing a commercial, industrial, mixed use, condominium, or multifamily
796
project.
797
(30) "Internal lot restriction" means a platted note, platted demarcation, or platted
798
designation that:
799
(a) runs with the land; and
800
(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on
801
the plat; or
802
(ii) designates a development condition that is enclosed within the perimeter of a lot
803
described on the plat.
804
(31) "Interstate pipeline company" means a person or entity engaged in natural gas
805
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
806
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
807
(32) "Intrastate pipeline company" means a person or entity engaged in natural gas
808
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
809
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
810
(33) "Land use applicant" means a property owner, or the property owner's designee, who
811
submits a land use application regarding the property owner's land.
- 24 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
812
(34) "Land use application":
813
(a) means an application that is:
814
(i) required by a county; and
815
(ii) submitted by a land use applicant to obtain a land use decision; and
816
(b) does not mean an application to enact, amend, or repeal a land use regulation.
817
(35) "Land use authority" means:
818
(a) a person, board, commission, agency, or body, including the local legislative body,
819
designated by the local legislative body to act upon a land use application; or
820
(b) if the local legislative body has not designated a person, board, commission, agency,
821
or body, the local legislative body.
822
(36) "Land use decision" means an administrative decision of a land use authority or appeal
823
authority regarding:
824
(a) a land use permit;
825
(b) a land use application; or
826
(c) the enforcement of a land use regulation, land use permit, or development agreement.
827
(37) "Land use permit" means a permit issued by a land use authority.
828
(38) "Land use regulation":
829
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
830
specification, fee, or rule that governs the use or development of land;
831
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
832
and
833
(c) does not include:
834
(i) a land use decision of the legislative body acting as the land use authority, even if
835
the decision is expressed in a resolution or ordinance; or
836
(ii) a temporary revision to an engineering specification that does not materially:
837
(A) increase a land use applicant's cost of development compared to the existing
838
specification; or
839
(B) impact a land use applicant's use of land.
840
(39) "Legislative body" means the county legislative body, or for a county that has adopted
841
an alternative form of government, the body exercising legislative powers.
842
(40) "Lot" means a tract of land, regardless of any label, that is created by and shown on a
843
subdivision plat that has been recorded in the office of the county recorder.
844
(41)(a) "Lot line adjustment" means a relocation of a lot line boundary between
845
adjoining lots or between a lot and adjoining parcels in accordance with Section
- 25 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
846
17-27a-608:
847
(i) whether or not the lots are located in the same subdivision; and
848
(ii) with the consent of the owners of record.
849
(b) "Lot line adjustment" does not mean a new boundary line that:
850
(i) creates an additional lot; or
851
(ii) constitutes a subdivision or a subdivision amendment.
852
(c) "Lot line adjustment" does not include a boundary line adjustment made by the
853
Department of Transportation.
854
(42) "Major transit investment corridor" means public transit service that uses or occupies:
855
(a) public transit rail right-of-way;
856
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
857
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
858
municipality or county and:
859
(i) a public transit district as defined in Section 17B-2a-802; or
860
(ii) an eligible political subdivision as defined in Section 59-12-2219.
861
(43) "Micro-education entity" means the same as that term is defined in Section 53G-6-201.
862
(44) "Moderate income housing" means housing occupied or reserved for occupancy by
863
households with a gross household income equal to or less than 80% of the median gross
864
income for households of the same size in the county in which the housing is located.
865
(45) "Mountainous planning district" means an area designated by a county legislative body
866
in accordance with Section 17-27a-901.
867
(46) "Nominal fee" means a fee that reasonably reimburses a county only for time spent and
868
expenses incurred in:
869
(a) verifying that building plans are identical plans; and
870
(b) reviewing and approving those minor aspects of identical plans that differ from the
871
previously reviewed and approved building plans.
872
(47) "Noncomplying structure" means a structure that:
873
(a) legally existed before the structure's current land use designation; and
874
(b) because of one or more subsequent land use ordinance changes, does not conform to
875
the setback, height restrictions, or other regulations, excluding those regulations that
876
govern the use of land.
877
(48) "Nonconforming use" means a use of land that:
878
(a) legally existed before the current land use designation;
879
(b) has been maintained continuously since the time the land use ordinance regulation
- 26 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
880
governing the land changed; and
881
(c) because of one or more subsequent land use ordinance changes, does not conform to
882
the regulations that now govern the use of the land.
883
(49) "Official map" means a map drawn by county authorities and recorded in the county
884
recorder's office that:
885
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
886
highways and other transportation facilities;
887
(b) provides a basis for restricting development in designated rights-of-way or between
888
designated setbacks to allow the government authorities time to purchase or
889
otherwise reserve the land; and
890
(c) has been adopted as an element of the county's general plan.
891
(50) "Parcel" means any real property that is not a lot.
892
(51)(a) "Parcel boundary adjustment" means a recorded agreement between owners of
893
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
894
agreement in accordance with Section 17-27a-523, if no additional parcel is created
895
and:
896
(i) none of the property identified in the agreement is a lot; or
897
(ii) the adjustment is to the boundaries of a single person's parcels.
898
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary line
899
that:
900
(i) creates an additional parcel; or
901
(ii) constitutes a subdivision.
902
(c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
903
the Department of Transportation.
904
(52) "Person" means an individual, corporation, partnership, organization, association, trust,
905
governmental agency, or any other legal entity.
906
(53) "Plan for moderate income housing" means a written document adopted by a county
907
legislative body that includes:
908
(a) an estimate of the existing supply of moderate income housing located within the
909
county;
910
(b) an estimate of the need for moderate income housing in the county for the next five
911
years;
912
(c) a survey of total residential land use;
913
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
- 27 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
914
income housing; and
915
(e) a description of the county's program to encourage an adequate supply of moderate
916
income housing.
917
(54) "Planning advisory area" means a contiguous, geographically defined portion of the
918
unincorporated area of a county established under this part with planning and zoning
919
functions as exercised through the planning advisory area planning commission, as
920
provided in this chapter, but with no legal or political identity separate from the county
921
and no taxing authority.
922
(55) "Plat" means an instrument subdividing property into lots as depicted on a map or
923
other graphical representation of lands that a licensed professional land surveyor makes
924
and prepares in accordance with Section 17-27a-603 or 57-8-13.
925
(56) "Potential geologic hazard area" means an area that:
926
(a) is designated by a Utah Geological Survey map, county geologist map, or other
927
relevant map or report as needing further study to determine the area's potential for
928
geologic hazard; or
929
(b) has not been studied by the Utah Geological Survey or a county geologist but
930
presents the potential of geologic hazard because the area has characteristics similar
931
to those of a designated geologic hazard area.
932
(57) "Public agency" means:
933
(a) the federal government;
934
(b) the state;
935
(c) a county, municipality, school district, special district, special service district, or
936
other political subdivision of the state; or
937
(d) a charter school.
938
(58) "Public hearing" means a hearing at which members of the public are provided a
939
reasonable opportunity to comment on the subject of the hearing.
940
(59) "Public meeting" means a meeting that is required to be open to the public under Title
941
52, Chapter 4, Open and Public Meetings Act.
942
(60) "Public street" means a public right-of-way, including a public highway, public
943
avenue, public boulevard, public parkway, public road, public lane, public alley, public
944
viaduct, public subway, public tunnel, public bridge, public byway, other public
945
transportation easement, or other public way.
946
(61) "Receiving zone" means an unincorporated area of a county that the county designates,
947
by ordinance, as an area in which an owner of land may receive a transferable
- 28 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
948
development right.
949
(62) "Record of survey map" means a map of a survey of land prepared in accordance with
950
Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
951
(63) "Residential facility for persons with a disability" means a residence:
952
(a) in which more than one person with a disability resides; and
953
(b) which is licensed or certified by the Department of Health and Human Services
954
under:
955
(i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
956
(ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
957
(64) "Residential roadway" means a public local residential road that:
958
(a) will serve primarily to provide access to adjacent primarily residential areas and
959
property;
960
(b) is designed to accommodate minimal traffic volumes or vehicular traffic;
961
(c) is not identified as a supplementary to a collector or other higher system classified
962
street in an approved municipal street or transportation master plan;
963
(d) has a posted speed limit of 25 miles per hour or less;
964
(e) does not have higher traffic volumes resulting from connecting previously separated
965
areas of the municipal road network;
966
(f) cannot have a primary access, but can have a secondary access, and does not abut lots
967
intended for high volume traffic or community centers, including schools, recreation
968
centers, sports complexes, or libraries; and
969
(g) primarily serves traffic within a neighborhood or limited residential area and is not
970
necessarily continuous through several residential areas.
971
(65) "Rules of order and procedure" means a set of rules that govern and prescribe in a
972
public meeting:
973
(a) parliamentary order and procedure;
974
(b) ethical behavior; and
975
(c) civil discourse.
976
(66) "Sanitary sewer authority" means the department, agency, or public entity with
977
responsibility to review and approve the feasibility of sanitary sewer services or onsite
978
wastewater systems.
979
(67) "Sending zone" means an unincorporated area of a county that the county designates,
980
by ordinance, as an area from which an owner of land may transfer a transferable
981
development right.
- 29 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
982
(68) "Site plan" means a document or map that may be required by a county during a
983
preliminary review preceding the issuance of a building permit to demonstrate that an
984
owner's or developer's proposed development activity meets a land use requirement.
985
(69)(a) "Special district" means an entity under Title 17B, Limited Purpose Local
986
Government Entities - Special Districts.
987
(b) "Special district" includes a governmental or quasi-governmental entity that is not a
988
county, municipality, school district, or the state.
989
(70) "Specified public agency" means:
990
(a) the state;
991
(b) a school district; or
992
(c) a charter school.
993
(71) "Specified public utility" means an electrical corporation, gas corporation, or telephone
994
corporation, as those terms are defined in Section 54-2-1.
995
(72) "State" includes any department, division, or agency of the state.
996
(73)(a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
997
divided into two or more lots or other division of land for the purpose, whether
998
immediate or future, for offer, sale, lease, or development either on the installment
999
plan or upon any and all other plans, terms, and conditions.
1000
(b) "Subdivision" includes:
1001
(i) the division or development of land, whether by deed, metes and bounds
1002
description, devise and testacy, map, plat, or other recorded instrument, regardless
1003
of whether the division includes all or a portion of a parcel or lot; and
1004
(ii) except as provided in Subsection (73)(c), divisions of land for residential and
1005
nonresidential uses, including land used or to be used for commercial, agricultural,
1006
and industrial purposes.
1007
(c) "Subdivision" does not include:
1008
(i) a bona fide division or partition of agricultural land for agricultural purposes;
1009
(ii) a boundary line agreement recorded with the county recorder's office between
1010
owners of adjoining parcels adjusting the mutual boundary in accordance with
1011
Section 17-27a-523 if no new lot is created;
1012
(iii) a recorded document, executed by the owner of record:
1013
(A) revising the legal descriptions of multiple parcels into one legal description
1014
encompassing all such parcels; or
1015
(B) joining a lot to a parcel;
- 30 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1016
(iv) a bona fide division or partition of land in a county other than a first class county
1017
for the purpose of siting, on one or more of the resulting separate parcels:
1018
(A) an electrical transmission line or a substation;
1019
(B) a natural gas pipeline or a regulation station; or
1020
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1021
utility service regeneration, transformation, retransmission, or amplification
1022
facility;
1023
(v) a boundary line agreement between owners of adjoining subdivided properties
1024
adjusting the mutual lot line boundary in accordance with Sections 17-27a-523
1025
and 17-27a-608 if:
1026
(A) no new dwelling lot or housing unit will result from the adjustment; and
1027
(B) the adjustment will not violate any applicable land use ordinance;
1028
(vi) a bona fide division of land by deed or other instrument if the deed or other
1029
instrument states in writing that the division:
1030
(A) is in anticipation of future land use approvals on the parcel or parcels;
1031
(B) does not confer any land use approvals; and
1032
(C) has not been approved by the land use authority;
1033
(vii) a parcel boundary adjustment;
1034
(viii) a lot line adjustment;
1035
(ix) a road, street, or highway dedication plat;
1036
(x) a deed or easement for a road, street, or highway purpose; or
1037
(xi) any other division of land authorized by law.
1038
(74)(a) "Subdivision amendment" means an amendment to a recorded subdivision in
1039
accordance with Section 17-27a-608 that:
1040
(i) vacates all or a portion of the subdivision;
1041
(ii) alters the outside boundary of the subdivision;
1042
(iii) changes the number of lots within the subdivision;
1043
(iv) alters a public right-of-way, a public easement, or public infrastructure within the
1044
subdivision; or
1045
(v) alters a common area or other common amenity within the subdivision.
1046
(b) "Subdivision amendment" does not include a lot line adjustment, between a single lot
1047
and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
1048
(75) "Substantial evidence" means evidence that:
1049
(a) is beyond a scintilla; and
- 31 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1050
(b) a reasonable mind would accept as adequate to support a conclusion.
1051
(76) "Suspect soil" means soil that has:
1052
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
1053
3% swell potential;
1054
(b) bedrock units with high shrink or swell susceptibility; or
1055
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1056
commonly associated with dissolution and collapse features.
1057
(77) "Therapeutic school" means a residential group living facility:
1058
(a) for four or more individuals who are not related to:
1059
(i) the owner of the facility; or
1060
(ii) the primary service provider of the facility;
1061
(b) that serves students who have a history of failing to function:
1062
(i) at home;
1063
(ii) in a public school; or
1064
(iii) in a nonresidential private school; and
1065
(c) that offers:
1066
(i) room and board; and
1067
(ii) an academic education integrated with:
1068
(A) specialized structure and supervision; or
1069
(B) services or treatment related to a disability, an emotional development, a
1070
behavioral development, a familial development, or a social development.
1071
(78) "Transferable development right" means a right to develop and use land that originates
1072
by an ordinance that authorizes a land owner in a designated sending zone to transfer
1073
land use rights from a designated sending zone to a designated receiving zone.
1074
(79) "Unincorporated" means the area outside of the incorporated area of a municipality.
1075
(80) "Water interest" means any right to the beneficial use of water, including:
1076
(a) each of the rights listed in Section 73-1-11; and
1077
(b) an ownership interest in the right to the beneficial use of water represented by:
1078
(i) a contract; or
1079
(ii) a share in a water company, as defined in Section 73-3-3.5.
1080
(81) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land
1081
use zones, overlays, or districts.
1082
Section 4. Section 17-27a-508 is amended to read:
1083
17-27a-508 . Applicant's entitlement to land use application approval --
- 32 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1084
Application relating to land in a high priority transportation corridor -- County's
1085
requirements and limitations -- Vesting upon submission of development plan and
1086
schedule.
1087
(1)(a)(i) An applicant who has submitted a complete land use application, including
1088
the payment of all application fees, is entitled to substantive review of the
1089
application under the land use regulations:
1090
(A) in effect on the date that the application is complete; and
1091
(B) applicable to the application or to the information shown on the submitted
1092
application.
1093
(ii) An applicant is entitled to approval of a land use application if the application
1094
conforms to the requirements of the applicable land use regulations, land use
1095
decisions, and development standards in effect when the applicant submits a
1096
complete application and pays all application fees, unless:
1097
(A) the land use authority, on the record, formally finds that a compelling,
1098
countervailing public interest would be jeopardized by approving the
1099
application and specifies the compelling, countervailing public interest in
1100
writing; or
1101
(B) in the manner provided by local ordinance and before the applicant submits
1102
the application, the county formally initiates proceedings to amend the county's
1103
land use regulations in a manner that would prohibit approval of the
1104
application as submitted.
1105
(b) The county shall process an application without regard to proceedings the county
1106
initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
1107
(i) 180 days have passed since the county initiated the proceedings; and
1108
(ii)(A) the proceedings have not resulted in an enactment that prohibits approval
1109
of the application as submitted; or
1110
(B) during the 12 months prior to the county processing the application or
1111
multiple applications of the same type, the application is impaired or prohibited
1112
under the terms of a temporary land use regulation adopted under Section
1113
17-27a-504.
1114
(c) A land use application is considered submitted and complete when the applicant
1115
provides the application in a form that complies with the requirements of applicable
1116
ordinances and pays all applicable fees.
1117
(d) Unless a phasing sequence is required in an executed development agreement, a
- 33 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1118
county shall, without regard to any other separate and distinct land use application,
1119
accept and process a complete land use application.
1120
(e) The continuing validity of an approval of a land use application is conditioned upon
1121
the applicant proceeding after approval to implement the approval with reasonable
1122
diligence.
1123
(f) A county may not impose on an applicant who has submitted a complete application
1124
a requirement that is not expressed in:
1125
(i) this chapter;
1126
(ii) a county ordinance in effect on the date that the applicant submits a complete
1127
application, subject to Subsection (1)(a)(ii); or
1128
(iii) a county specification for public improvements applicable to a subdivision or
1129
development that is in effect on the date that the applicant submits an application.
1130
(g) A county may not impose on a holder of an issued land use permit or a final,
1131
unexpired subdivision plat a requirement that is not expressed:
1132
(i) in a land use permit;
1133
(ii) on the subdivision plat;
1134
(iii) in a document on which the land use permit or subdivision plat is based;
1135
(iv) in the written record evidencing approval of the land use permit or subdivision
1136
plat;
1137
(v) in this chapter;
1138
(vi) in a county ordinance; or
1139
(vii) in a county specification for residential roadways in effect at the time a
1140
residential subdivision was approved.
1141
(h) Except as provided in Subsection (1)(i) or (j), a county may not withhold issuance of
1142
a certificate of occupancy or acceptance of subdivision improvements because of an
1143
applicant's failure to comply with a requirement that is not expressed:
1144
(i) in the building permit or subdivision plat, documents on which the building permit
1145
or subdivision plat is based, or the written record evidencing approval of the
1146
building permit or subdivision plat; or
1147
(ii) in this chapter or the county's ordinances.
1148
(i) A county may not unreasonably withhold issuance of a certificate of occupancy
1149
where an applicant has met all requirements essential for the public health, public
1150
safety, and general welfare of the occupants, in accordance with this chapter, unless:
1151
(i) the applicant and the county have agreed in a written document to the withholding
- 34 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1152
of a certificate of occupancy; or
1153
(ii) the applicant has not provided a financial assurance for required and uncompleted
1154
public landscaping improvements or infrastructure improvements in accordance
1155
with an applicable ordinance that the legislative body adopts under this chapter.
1156
(j) A county may not conduct a final inspection required before issuing a certificate of
1157
occupancy for a residential unit that is within the boundary of an infrastructure
1158
financing district, as defined in Section 17B-1-102, until the applicant for the
1159
certificate of occupancy provides adequate proof to the county that any lien on the
1160
unit arising from the infrastructure financing district's assessment against the unit
1161
under Title 11, Chapter 42, Assessment Area Act, has been released after payment in
1162
full of the infrastructure financing district's assessment against that unit.
1163
(2) A county is bound by the terms and standards of applicable land use regulations and
1164
shall comply with mandatory provisions of those regulations.
1165
(3) A county may not, as a condition of land use application approval, require a person
1166
filing a land use application to obtain documentation regarding a school district's
1167
willingness, capacity, or ability to serve the development proposed in the land use
1168
application.
1169
(4) Upon a specified public agency's submission of a development plan and schedule as
1170
required in Subsection 17-27a-305(8) that complies with the requirements of that
1171
subsection, the specified public agency vests in the county's applicable land use maps,
1172
zoning map, hookup fees, impact fees, other applicable development fees, and land use
1173
regulations in effect on the date of submission.
1174
(5)(a) If sponsors of a referendum timely challenge a project in accordance with [
1175
Subsection 20A-7-601(6)] Section 20A-7-601, the project's affected owner may
1176
rescind the project's land use approval by delivering a written notice:
1177
(i) to the local clerk as defined in Section 20A-7-101; and
1178
(ii) no later than seven days after the day on which a petition for a referendum is
1179
determined sufficient under Subsection 20A-7-607(4).
1180
(b) Upon delivery of a written notice described in Subsection(5)(a) the following are
1181
rescinded and are of no further force or effect:
1182
(i) the relevant land use approval; and
1183
(ii) any land use regulation enacted specifically in relation to the land use approval.
1184
(6)(a) After issuance of a building permit, a county may not:
1185
(i) change or add to the requirements expressed in the building permit, unless the
- 35 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1186
change or addition is:
1187
(A) requested by the building permit holder; or
1188
(B) necessary to comply with an applicable state building code; or
1189
(ii) revoke the building permit or take action that has the effect of revoking the
1190
building permit.
1191
(b) Subsection (6)(a) does not prevent a county from issuing a building permit that
1192
contains an expiration date defined in the building permit.
1193
Section 5. Section 20A-4-301 is amended to read:
1194
20A-4-301 . Board of canvassers.
1195
(1)(a) Each county legislative body is the board of county canvassers for:
1196
(i) the county; and
1197
(ii) each special district whose election is conducted by the county if:
1198
(A) the election relates to the creation of the special district;
1199
(B) the county legislative body serves as the governing body of the special
1200
district; or
1201
(C) there is no duly constituted governing body of the special district.
1202
(b) The board of county canvassers shall meet to canvass the returns at the usual place of
1203
meeting of the county legislative body, at a date and time determined by the county
1204
clerk that is no sooner than seven days after the election and no later than 14 days
1205
after the election.
1206
(c) If one or more of the county legislative body fails to attend the meeting of the board
1207
of county canvassers, the remaining members shall replace the absent member by
1208
appointing in the order named:
1209
(i) the county treasurer;
1210
(ii) the county assessor; or
1211
(iii) the county sheriff.
1212
(d) Attendance of the number of persons equal to a simple majority of the county
1213
legislative body, but not less than three persons, shall constitute a quorum for
1214
conducting the canvass.
1215
(e) The county clerk is the clerk of the board of county canvassers.
1216
(2)(a) The mayor and the municipal legislative body are the board of municipal
1217
canvassers for the municipality.
1218
(b) The board of municipal canvassers shall meet to canvass the returns at the usual
1219
place of meeting of the municipal legislative body:
- 36 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1220
(i) for canvassing of returns from a municipal general election, no sooner than seven
1221
days after the election and no later than 14 days after the election; or
1222
(ii) for canvassing of returns from a municipal primary election, no sooner than seven
1223
days after the election and no later than 14 days after the election.
1224
(c) Attendance of a simple majority of the municipal legislative body shall constitute a
1225
quorum for conducting the canvass.
1226
(3)(a) The legislative body of the entity authorizing a bond election is the board of
1227
canvassers for each bond election.
1228
(b) The board of canvassers for the bond election shall comply with the canvassing
1229
procedures and requirements of Section 11-14-207.
1230
(c) Attendance of a simple majority of the legislative body of the entity authorizing a
1231
bond election shall constitute a quorum for conducting the canvass.
1232
(4)(a) If a board of trustees or an administrative control board is the governing body of a
1233
special district, the board of trustees or the administrative control board is the board
1234
of special district canvassers for the special district.
1235
(b) The board of special district canvassers shall meet to canvass the returns at the usual
1236
place of meeting for the board of trustees or the administrative control board, as
1237
applicable, at a date and time determined by the special district clerk that is no sooner
1238
than seven days after the day of the election and no later than 14 days after the day of
1239
the election.
1240
(c) Attendance of a simple majority of the board of trustees or the administrative control
1241
board is a quorum for conducting the canvass.
1242
(5)(a) The local school board of a school district is the board of school district
1243
canvassers for a referendum election under Subsection 20A-7-102(4).
1244
(b) The board of school district canvassers shall meet to canvass the returns at the usual
1245
place of meeting of the local school board no sooner than seven calendar days after
1246
the day of the election and no later than 14 calendar days after the day of the election.
1247
(c) Attendance of a simple majority of the local school board shall constitute a quorum
1248
for conducting the canvass.
1249
[(5)] (6) In relation to an election for the creation of a new school district under Section
1250
53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, or in relation to an election of members of a
1251
local school board for a new school district or a reorganized new school district under
1252
Section 53G-3-302, the board of canvassers is:
1253
(a) if the voters permitted to vote in the election are all residents of the same
- 37 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1254
municipality, the mayor and the municipal legislative body;
1255
(b) if the voters permitted to vote in the election are not all residents of the same
1256
municipality, but are all residents of the same county, the county legislative body; or
1257
(c) if the voters permitted to vote in the election are not all residents of the same
1258
municipality and are not all residents of the same county, the county legislative body
1259
of the county where the majority of the voters permitted to vote in the election are
1260
residents.
1261
Section 6. Section 20A-7-101 is amended to read:
1262
20A-7-101 . Definitions.
1263
As used in this chapter:
1264
(1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
1265
gather signatures for the electronic initiative process, the electronic referendum process,
1266
or the electronic candidate qualification process.
1267
(2) "Budget officer" means:
1268
(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
1269
(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); [or]
1270
(c) for a town, the town council[.] ; or
1271
(d) for a school district, the person appointed business administrator under Section
1272
53G-4-302.
1273
(3) "Certified" means that the county clerk has acknowledged a signature as being the
1274
signature of a registered voter.
1275
(4) "Circulation" means the process of submitting an initiative petition or a referendum
1276
petition to legal voters for their signature.
1277
(5) "Electronic initiative process" means:
1278
(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
1279
and 20A-21-201, for gathering signatures; or
1280
(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
1281
20A-21-201, for gathering signatures.
1282
(6) "Electronic referendum process" means:
1283
(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313
1284
and 20A-21-201, for gathering signatures; or
1285
(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
1286
20A-21-201, for gathering signatures.
1287
(7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
- 38 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1288
town that is holding an election on a ballot proposition.
1289
(8) "Final fiscal impact statement" means a financial statement prepared after voters
1290
approve an initiative that contains the information required by Subsection 20A-7-202.5
1291
(2) or 20A-7-502.5(2).
1292
(9) "Initial fiscal impact statement" means a financial statement prepared under Section
1293
20A-7-202.5 after the filing of a statewide initiative application.
1294
(10) "Initial fiscal impact and legal statement" means a financial and legal statement
1295
prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
1296
referendum.
1297
(11) "Initiative" means a new law proposed for adoption by the public as provided in this
1298
chapter.
1299
(12) "Initiative application" means:
1300
(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
1301
includes all the information, statements, documents, and notarized signatures
1302
required under Subsection 20A-7-202(2); or
1303
(b) for a local initiative, an application described in Subsection 20A-7-502(2) that
1304
includes all the information, statements, documents, and notarized signatures
1305
required under Subsection 20A-7-502(2).
1306
(13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
1307
and the signature sheets, all of which have been bound together as a unit.
1308
(14) "Initiative petition":
1309
(a) as it relates to a statewide initiative, using the manual initiative process:
1310
(i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
1311
submission of the initiative to the Legislature or the legal voters; and
1312
(ii) if the initiative proposes a tax increase, includes the statement described in
1313
Subsection 20A-7-203(2)(b);
1314
(b) as it relates to a statewide initiative, using the electronic initiative process:
1315
(i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
1316
submission of the initiative to the Legislature or the legal voters; and
1317
(ii) if the initiative proposes a tax increase, includes the statement described in
1318
Subsection 20A-7-215(5)(b);
1319
(c) as it relates to a local initiative, using the manual initiative process:
1320
(i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
1321
submission of the initiative to the legislative body or the legal voters; and
- 39 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1322
(ii) if the initiative proposes a tax increase, includes the statement described in
1323
Subsection 20A-7-503(2)(b); or
1324
(d) as it relates to a local initiative, using the electronic initiative process:
1325
(i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
1326
submission of the initiative to the legislative body or the legal voters; and
1327
(ii) if the initiative proposes a tax increase, includes the statement described in
1328
Subsection 20A-7-514(4)(a).
1329
(15)(a) "Land use law" means a law of general applicability, enacted based on the
1330
weighing of broad, competing policy considerations, that relates to the use of land,
1331
including land use regulation, a general plan, a land use development code, an
1332
annexation ordinance, the rezoning of a single property or multiple properties, or a
1333
comprehensive zoning ordinance or resolution.
1334
(b) "Land use law" does not include a land use decision, as defined in Section 10-9a-103
1335
or 17-27a-103.
1336
(16) "Legal signatures" means the number of signatures of legal voters that:
1337
(a) meet the numerical requirements of this chapter; and
1338
(b) have been obtained, certified, and verified as provided in this chapter.
1339
(17) "Legal voter" means an individual who is registered to vote in Utah.
1340
(18) "Legally referable to voters" means:
1341
(a) for a proposed local initiative, that the proposed local initiative is legally referable to
1342
voters under Section 20A-7-502.7; or
1343
(b) for a proposed local referendum, that the proposed local referendum is legally
1344
referable to voters under Section 20A-7-602.7.
1345
(19) "Local attorney" means the county attorney, city attorney, [or ]town attorney, or local
1346
school district attorney in whose jurisdiction a local initiative or referendum petition is
1347
circulated.
1348
(20) "Local clerk" means:
1349
(a) the county clerk, city recorder, or town clerk in whose jurisdiction a local initiative
1350
or referendum petition is circulated[.] ; or
1351
(b) for a referendum petition under Subsection 20A-7-102(4), the business administrator
1352
or superintendent of the school district in which the referendum petition is circulated.
1353
(21)(a) "Local law" includes:
1354
(i) an ordinance;
1355
(ii) a resolution;
- 40 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1356
(iii) a land use law;
1357
(iv) a land use regulation, as defined in Section 10-9a-103; [or]
1358
(v) any legislative action of a local school board, other than a legislative action
1359
described in Subsection (21)(b)(ii); or
1360
[(v)] (vi) other legislative action of a local legislative body.
1361
(b) "Local law" does not include:
1362
(i) a land use decision, as defined in Section 10-9a-103[.] ; or
1363
(ii) a local school tax law.
1364
(22)(a) "Local legislative body" means the legislative body of a county, city, or town.
1365
(b) "Local legislative body" does not include the local school board of a school district.
1366
(23) "Local obligation law" means a local law passed by the local legislative body
1367
regarding a bond that was approved by a majority of qualified voters in an election.
1368
(24) "Local school board" means a board elected under Chapter 14, Part 2, Election of
1369
Members of Local Boards of Education.
1370
[(24)] (25)(a) "Local tax law" means a law, passed by a [political subdivision] county,
1371
city, or town with an annual or biannual calendar fiscal year, that increases a tax or
1372
imposes a new tax.
1373
(b) "Local tax law" does not include a local school tax law.
1374
(26)(a) "Local school tax law" means a legislative action of a local school board that:
1375
(i) increases a tax rate or imposes a new tax rate; or
1376
(ii) otherwise imposes a payment obligation on property.
1377
(b) "Local school tax law" includes:
1378
(i) a board local levy under Section 53F-8-302;
1379
(ii) a capital local levy under Section 53F-8-303;
1380
(iii) a judgment levy imposed by a local school board under Section 59-2-1330; or
1381
(iv) any other tax or levy that is within a local school board's discretion to impose.
1382
(c) "Local school tax law" does not include a legislative action of a local school board
1383
that increases a tax rate or imposes a new tax rate, if the increased tax rate or new tax
1384
rate:
1385
(i) relates to a voted local levy under Section 53F-8-301, or to the issuance of a bond
1386
that was approved by a majority of the qualified voters within a school district; or
1387
(ii) is required to be imposed by state law or rule, or is otherwise not within a local
1388
school board's discretion to impose.
1389
[(25)] (27) "Manual initiative process" means the process for gathering signatures for an
- 41 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1390
initiative using paper signature packets that a signer physically signs.
1391
[(26)] (28) "Manual referendum process" means the process for gathering signatures for a
1392
referendum using paper signature packets that a signer physically signs.
1393
[(27)] (29)(a) "Measure" means a proposed constitutional amendment, an initiative, or
1394
referendum.
1395
(b) "Measure" does not include a ballot proposition for the creation of a new school
1396
district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
1397
[(28)] (30) "Presiding officers" means the president of the Senate and the speaker of the
1398
House of Representatives.
1399
[(29)] (31) "Referendum" means a process by which a law passed by the [Legislature or by a
1400
local legislative body] Legislature, a local legislative body, or a local school board is
1401
submitted or referred to the voters for their approval or rejection.
1402
[(30)] (32) "Referendum application" means:
1403
(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that
1404
includes all the information, statements, documents, and notarized signatures
1405
required under Subsection 20A-7-302(2); or
1406
(b) for a local referendum, an application described in Subsection 20A-7-602(2) that
1407
includes all the information, statements, documents, and notarized signatures
1408
required under Subsection 20A-7-602(2).
1409
[(31)] (33) "Referendum packet" means a copy of the referendum petition, a copy of the law
1410
being submitted or referred to the voters for their approval or rejection, and the signature
1411
sheets, all of which have been bound together as a unit.
1412
[(32)] (34) "Referendum petition" means:
1413
(a) as it relates to a statewide referendum, using the manual referendum process, the
1414
form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law
1415
passed by the Legislature to legal voters for their approval or rejection;
1416
(b) as it relates to a statewide referendum, using the electronic referendum process, the
1417
form described in Subsection 20A-7-313(2), petitioning for submission of a law
1418
passed by the Legislature to legal voters for their approval or rejection;
1419
(c) as it relates to a local referendum, using the manual referendum process, the form
1420
described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law or
1421
a local school tax law to legal voters for their approval or rejection; or
1422
(d) as it relates to a local referendum, using the electronic referendum process, the form
1423
described in Subsection 20A-7-614(2), petitioning for submission of a local law or a
- 42 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1424
local school tax law to legal voters for their approval or rejection.
1425
[(33)] (35) "Signature":
1426
(a) for a statewide initiative:
1427
(i) as it relates to the electronic initiative process, means an electronic signature
1428
collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
1429
(ii) as it relates to the manual initiative process:
1430
(A) means a holographic signature collected physically on a signature sheet
1431
described in Section 20A-7-203;
1432
(B) as it relates to an individual who, due to a qualifying disability under the
1433
Americans with Disabilities Act, is unable to fill out the signature sheet or to
1434
sign the voter's name consistently, the initials "AV," indicating that the voter's
1435
identity will be verified by an alternate verification process described in
1436
Section 20A-7-106; and
1437
(C) does not include an electronic signature;
1438
(b) for a statewide referendum:
1439
(i) as it relates to the electronic referendum process, means an electronic signature
1440
collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
1441
(ii) as it relates to the manual referendum process:
1442
(A) means a holographic signature collected physically on a signature sheet
1443
described in Section 20A-7-303;
1444
(B) as it relates to an individual who, due to a qualifying disability under the
1445
Americans with Disabilities Act, is unable to fill out the signature sheet or to
1446
sign the voter's name consistently, the initials "AV," indicating that the voter's
1447
identity will be verified by an alternate verification process described in
1448
Section 20A-7-106; and
1449
(C) does not include an electronic signature;
1450
(c) for a local initiative:
1451
(i) as it relates to the electronic initiative process, means an electronic signature
1452
collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
1453
(ii) as it relates to the manual initiative process:
1454
(A) means a holographic signature collected physically on a signature sheet
1455
described in Section 20A-7-503;
1456
(B) as it relates to an individual who, due to a qualifying disability under the
1457
Americans with Disabilities Act, is unable to fill out the signature sheet or to
- 43 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1458
sign the voter's name consistently, the initials "AV," indicating that the voter's
1459
identity will be verified by an alternate verification process described in
1460
Section 20A-7-106; and
1461
(C) does not include an electronic signature; or
1462
(d) for a local referendum:
1463
(i) as it relates to the electronic referendum process, means an electronic signature
1464
collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
1465
(ii) as it relates to the manual referendum process:
1466
(A) means a holographic signature collected physically on a signature sheet
1467
described in Section 20A-7-603;
1468
(B) as it relates to an individual who, due to a qualifying disability under the
1469
Americans with Disabilities Act, is unable to fill out the signature sheet or to
1470
sign the voter's name consistently, the initials "AV," indicating that the voter's
1471
identity will be verified by an alternate verification process described in
1472
Section 20A-7-106; and
1473
(C) does not include an electronic signature.
1474
[(34)] (36) "Signature sheets" means sheets in the form required by this chapter that are used
1475
under the manual initiative process or the manual referendum process to collect
1476
signatures in support of an initiative or referendum.
1477
[(35)] (37) "Special local ballot proposition" means a local ballot proposition that is not a
1478
standard local ballot proposition.
1479
[(36)] (38) "Sponsors" means the legal voters who support the initiative or referendum and
1480
who sign the initiative application or referendum application.
1481
[(37)] (39)(a) "Standard local ballot proposition" means a local ballot proposition for an
1482
initiative or a referendum.
1483
(b) "Standard local ballot proposition" does not include a property tax referendum
1484
described in Section 20A-7-613.
1485
[(38)] (40) "Tax percentage difference" means the difference between the tax rate proposed
1486
by an initiative or an initiative petition and the current tax rate.
1487
[(39)] (41) "Tax percentage increase" means a number calculated by dividing the tax
1488
percentage difference by the current tax rate and rounding the result to the nearest
1489
thousandth.
1490
[(40)] (42) "Verified" means acknowledged by the person circulating the petition as required
1491
in Section 20A-7-105.
- 44 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1492
Section 7. Section 20A-7-102 is amended to read:
1493
20A-7-102 . Initiatives and referenda authorized -- Restrictions.
1494
By following the procedures and requirements of this chapter, Utah voters may, subject
1495
to the restrictions of Utah Constitution, Article VI, [Sec. 1, Utah Constitution] Section 1, and
1496
this chapter:
1497
(1) initiate any desired legislation and cause it to be submitted to:
1498
(a) the Legislature or to a vote of the people for approval or rejection if it is a proposed
1499
state law; or
1500
(b) a local legislative body or to a vote of the people if it is a local law;
1501
(2) require any law passed by the Legislature, except those laws passed by a two-thirds vote
1502
of the members elected to each house of the Legislature, to be referred to the voters for
1503
their approval or rejection before the law takes effect; [and]
1504
(3) require any [law or ordinance] local law passed by a local legislative body to be referred
1505
to the voters for their approval or rejection before the law takes effect[.] ; or
1506
(4) require any local law or local school tax law passed by a local school board to be
1507
referred to the voters for their approval or rejection before the local law or local school
1508
tax law takes effect, unless the local school board is comprised of:
1509
(a) five members and four members or more voted in favor of the local law or local
1510
school tax law;
1511
(b) seven members and five members or more voted in favor of the local law or local
1512
school tax law; or
1513
(c) nine members and seven members or more voted in favor of the local law or local
1514
school tax law.
1515
Section 8. Section 20A-7-401.3 is amended to read:
1516
20A-7-401.3 . Voter participation areas.
1517
(1)(a) Except as provided in Subsection (2):
1518
(i) a city of the first or second class or a county of the first or second class shall, no
1519
later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years
1520
after 2022, divide the city or county into eight contiguous and compact voter
1521
participation areas of substantially equal population; and
1522
(ii) a city of the third or fourth class or a county of the third or fourth class shall, no
1523
later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years
1524
after 2022, divide the city or county into four contiguous and compact voter
1525
participation areas of substantially equal population.
- 45 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1526
(b) A city or county shall use the voter participation areas described in Subsection (1)(a)
1527
or (2)(b) for the purpose described in Sections 20A-7-501 and 20A-7-601.
1528
(2)(a) This section does not apply to a county of the fifth or sixth class, a city of the fifth
1529
class, [or a town] a town, or a school district.
1530
(b) A city or county that has established council districts that are not at-large districts
1531
may, regardless of the number of council districts that are not at-large districts, use
1532
the council districts as voter participation areas under this section.
1533
Section 9. Section 20A-7-401.5 is amended to read:
1534
20A-7-401.5 . Proposition information pamphlet.
1535
(1)(a)(i) Within 15 days after the day on which an eligible voter files an application
1536
to circulate an initiative petition under Section 20A-7-502 or an application to
1537
circulate a referendum petition under Section 20A-7-602:
1538
(A) the sponsors of the proposed initiative or referendum may submit a written
1539
argument in favor of the proposed initiative or referendum to the election
1540
officer of the [county or municipality] county, municipality, or school district to
1541
which the petition relates; and
1542
(B) the [county or municipality] county, municipality, or school district to which
1543
the application relates may submit a written argument in favor of, or against,
1544
the proposed initiative or referendum to the [county's or municipality's]
1545
county's, municipality's, or school district's election officer.
1546
(ii) If a [county or municipality] county, municipality, or school district submits more
1547
than one written argument under Subsection (1)(a)(i)(B), the election officer shall
1548
select one of the written arguments, giving preference to a written argument
1549
submitted by a member of a local legislative body or a local school board, as
1550
applicable, if a majority of the local legislative body or the local school board
1551
supports the written argument.
1552
(b) Within one business day after the day on which an election officer receives an
1553
argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of
1554
the argument to the [county or municipality] county, municipality, or school district
1555
described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as applicable.
1556
(c) Within one business day after the date on which an election officer receives an
1557
argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of
1558
the argument to the first three sponsors of the proposed initiative or referendum
1559
described in Subsection (1)(a)(i)(A).
- 46 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1560
(d) The sponsors of the proposed initiative or referendum may submit a revised version
1561
of the written argument described in Subsection (1)(a)(i)(A) to the election officer of
1562
the [county or municipality] county, municipality, or school district to which the
1563
petition relates within 20 days after the day on which the eligible voter files an
1564
application to circulate an initiative petition under Section 20A-7-502 or an
1565
application to circulate a referendum petition under Section 20A-7-602.
1566
(e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by a [
1567
county or municipality] county, municipality, or school district may submit a revised
1568
version of the written argument to the [county's or municipality's] county's,
1569
municipality's, or school district's election officer within 20 days after the day on
1570
which the eligible voter files an application to circulate an initiative petition under
1571
Section 20A-7-502 or an application to circulate a referendum petition under Section
1572
20A-7-602.
1573
(2)(a) A written argument described in Subsection (1) may not exceed 500 words.
1574
(b) Except as provided in Subsection (2)(c), a person may not modify a written argument
1575
described in Subsection (1)(d) or (e) after the written argument is submitted to the
1576
election officer.
1577
(c) The election officer and the person that submits the written argument described in
1578
Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
1579
(i) correct factual, grammatical, or spelling errors; or
1580
(ii) reduce the number of words to come into compliance with Subsection (2)(a).
1581
(d) An election officer shall refuse to include a written argument in the proposition
1582
information pamphlet described in this section if the person who submits the
1583
argument:
1584
(i) fails to negotiate, in good faith, to modify the argument in accordance with
1585
Subsection (2)(c); or
1586
(ii) does not timely submit the written argument to the election officer.
1587
(e) An election officer shall make a good faith effort to negotiate a modification
1588
described in Subsection (2)(c) in an expedited manner.
1589
(3) An election officer who receives a written argument described in Subsection (1) shall
1590
prepare a proposition information pamphlet for publication that includes:
1591
(a) a copy of the application for the proposed initiative or referendum;
1592
(b) except as provided in Subsection (2)(d), immediately after the copy described in
1593
Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
- 47 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1594
referendum, if any;
1595
(c) except as provided in Subsection (2)(d), immediately after the argument described in
1596
Subsection (3)(b), the argument prepared by the county or municipality, if any; and
1597
(d) a copy of the initial fiscal impact statement and legal impact statement described in
1598
Section 20A-7-502.5 or 20A-7-602.5.
1599
(4)(a) A proposition information pamphlet is a draft for purposes of Title 63G, Chapter
1600
2, Government Records Access and Management Act, until the earlier of when the
1601
election officer:
1602
(i) complies with Subsection (4)(b); or
1603
(ii) publishes the proposition information pamphlet under Subsection (5) or (6).
1604
(b) Within 21 days after the day on which the eligible voter files an application to
1605
circulate an initiative petition under Section 20A-7-502, or an application to circulate
1606
a referendum petition under Section 20A-7-602, the election officer shall provide a
1607
copy of the proposition information pamphlet to the sponsors of the initiative or
1608
referendum and each individual who submitted an argument included in the
1609
proposition information pamphlet.
1610
(5) An election officer for a municipality shall publish the proposition information
1611
pamphlet as follows:
1612
(a) within the later of 10 days after the day on which the municipality or a court
1613
determines that the proposed initiative or referendum is legally referable to voters, or,
1614
if the election officer modifies an argument under Subsection (2)(c), three days after
1615
the day on which the election officer and the person that submitted the argument
1616
agree on the modification:
1617
(i) by sending the proposition information pamphlet electronically to each individual
1618
in the municipality for whom the municipality has an email address, unless the
1619
individual has indicated that the municipality is prohibited from using the
1620
individual's email address for that purpose; and
1621
(ii) by posting the proposition information pamphlet on the Utah Public Notice
1622
Website, created in Section 63A-16-601, and the home page of the municipality's
1623
website, if the municipality has a website, until:
1624
(A) if the sponsors of the proposed initiative or referendum or an agent of the
1625
sponsors do not timely deliver any verified initiative packets or any verified
1626
referendum packets under Section 20A-7-105, the day after the date of the
1627
deadline for delivery of the verified initiative packets or verified referendum
- 48 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1628
packets;
1629
(B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
1630
number of signatures necessary to qualify the proposed initiative or referendum
1631
for placement on the ballot is insufficient and the determination is not timely
1632
appealed or is upheld after appeal; or
1633
(C) the day after the date of the election at which the proposed initiative or
1634
referendum appears on the ballot; and
1635
(b) if the municipality regularly mails a newsletter, utility bill, or other material to the
1636
municipality's residents, including an Internet address, where a resident may view the
1637
proposition information pamphlet, in the next mailing, for which the municipality has
1638
not begun preparation, that falls on or after the later of:
1639
(i) 10 days after the day on which the municipality or a court determines that the
1640
proposed initiative or referendum is legally referable to voters; or
1641
(ii) if the election officer modifies an argument under Subsection (2)(c), three days
1642
after the day on which the election officer and the person that submitted the
1643
argument agree on the modification.
1644
(6) An election officer for a county shall, within the later of 10 days after the day on which
1645
the county or a court determines that the proposed initiative or referendum is legally
1646
referable to voters, or, if the election officer modifies an argument under Subsection
1647
(2)(c), three days after the day on which the election officer and the person that
1648
submitted the argument agree on the modification, publish the proposition information
1649
pamphlet as follows:
1650
(a) by sending the proposition information pamphlet electronically to each individual in
1651
the county for whom the county has an email address obtained via voter registration;
1652
and
1653
(b) by posting the proposition information pamphlet on the Utah Public Notice Website,
1654
created in Section 63A-16-601, and the home page of the county's website, until:
1655
(i) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
1656
do not timely deliver any verified initiative packets or any verified referendum
1657
packets under Section 20A-7-105, the day after the date of the deadline for
1658
delivery of the verified initiative packets or verified referendum packets;
1659
(ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
1660
number of signatures necessary to qualify the proposed initiative or referendum
1661
for placement on the ballot is insufficient and the determination is not timely
- 49 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1662
appealed or is upheld after appeal; or
1663
(iii) the day after the date of the election at which the proposed initiative or
1664
referendum appears on the ballot.
1665
(7) An election officer for a school district shall, within the later of 10 calendar days after
1666
the day on which the school district or a court determines that the proposed referendum
1667
is legally referable to voters, or, if the election officer modifies an argument under
1668
Subsection (2)(c), three calendar days after the day on which the election officer and the
1669
person that submitted the argument agree on the modification, publish the proposition
1670
information pamphlet as follows:
1671
(a) by sending the proposition information pamphlet electronically to each individual in
1672
the school district for whom the school district has an email address, unless the
1673
individual has indicated that the school district is prohibited from using the
1674
individual's email address for that purpose;
1675
(b) by posting the proposition information pamphlet on the Utah Public Notice Website,
1676
created in Section 63A-16-601, and the home page of the school district's website, if
1677
the school district has a website, until:
1678
(i) if the sponsors of the proposed referendum or an agent of the sponsors do not
1679
timely deliver any verified referendum packets under Section 20A-7-105, the day
1680
after the date of the deadline for delivery of the verified referendum packets;
1681
(ii) the local clerk determines, under Section 20A-7-607, that the number of
1682
signatures necessary to qualify the proposed referendum for placement on the
1683
ballot is insufficient and the determination is not timely appealed or is upheld after
1684
appeal; or
1685
(iii) the day after the date of the election at which the proposed referendum appears
1686
on the ballot; and
1687
(c) if the school district regularly mails a newsletter or other material to the school
1688
district's residents, including an Internet address, where a resident may view the
1689
proposition information pamphlet, in the next mailing, for which the school district
1690
has not begun preparation, that falls on or after the later of:
1691
(i) 10 calendar days after the day on which the school district or a court determines
1692
that the proposed referendum is legally referable to voters; or
1693
(ii) if the election officer modifies an argument under Subsection (2)(c), three
1694
calendar days after the day on which the election officer and the person that
1695
submitted the argument agree on the modification.
- 50 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1696
Section 10. Section 20A-7-402 is amended to read:
1697
20A-7-402 . Local voter information pamphlet -- Notice -- Contents --
1698
Limitations -- Preparation -- Statement on front cover.
1699
(1)(a) The [county or municipality] county, municipality, or school district that is subject
1700
to a ballot proposition shall prepare a local voter information pamphlet that complies
1701
with the requirements of this part.
1702
(b) Each county or municipality that contains all or part of a proposed new school
1703
district or a reorganized new school district that will appear on a regular general
1704
election ballot under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4 shall
1705
prepare a local voter information pamphlet that complies with the requirements of
1706
this part.
1707
(2)(a) [Within the time requirements described in Subsection (2)(c)(i), a municipality
1708
described in Subsection (1) shall provide a notice that complies with the requirements
1709
of Subsection (2)(c)(ii) to the municipality's residents by publishing the notice for the
1710
municipality, as a class A notice under Section 63G-30-102, for the time period set
1711
under Subsection (2)(c)(i)] A county, municipality, or school district described in
1712
Subsection (1) shall provide a notice that complies with the requirements of
1713
Subsection (2)(b)(ii) to the county's, municipality's, or school district's residents by
1714
publishing the notice for the county, municipality, or school district, as a class A
1715
notice under Section 63G-30-102, for the time period set under Subsection (2)(b)(i).
1716
[(b) A county described in Subsection (1) shall publish a notice that complies with the
1717
requirements of Subsection (2)(c)(ii) for the county, as a class A notice under Section
1718
63G-30-102.]
1719
[(c)] (b) [A municipality or county that publishes a notice under Subsection (2)(a) or (b)]
1720
A county, municipality, or school district that publishes a notice under Subsection
1721
(2)(a) shall:
1722
(i) publish the notice:
1723
(A) not less than 90 days before the date of the election at which a special local
1724
ballot proposition will be voted upon; or
1725
(B) if the requirements of Subsection [(2)(c)(i)(A)] (2)(b)(i)(A) cannot be met, as
1726
soon as practicable after the special local ballot proposition is approved to be
1727
voted upon in an election; and
1728
(ii) ensure that the notice contains:
1729
(A) the ballot title for the special local ballot proposition;
- 51 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1730
(B) instructions on how to file a request under Subsection [(2)(d)] (2)(c); and
1731
(C) the deadline described in Subsection [(2)(d)] (2)(c).
1732
[(d)] (c) Except as provided in Subsection (13), to prepare a written argument for or
1733
against a special local ballot proposition, an eligible voter shall file a request with the
1734
election officer before 5 p.m. no later than 64 days before the day of the election at
1735
which the special local ballot proposition is to be voted on.
1736
[(e)] (d) If more than one eligible voter requests the opportunity to prepare a written
1737
argument for or against a special local ballot proposition, the election officer shall
1738
make the final designation in accordance with the following order of priority:
1739
(i) sponsors have priority in preparing an argument regarding a special local ballot
1740
proposition; and
1741
(ii) members of the local legislative body or the local school board have priority over
1742
others if a majority of the local legislative body or the local school board supports
1743
the written argument.
1744
[(f)] (e) Except as provided in Subsection (13), the election officer shall grant a request
1745
described in Subsection [(2)(d) or (e)] (2)(c) or (d) no later than 60 days before the
1746
day of the election at which the ballot proposition is to be voted on.
1747
[(g)] (f)(i) A sponsor of a special local ballot proposition may prepare a written
1748
argument in favor of the special local ballot proposition.
1749
(ii) Subject to Subsection [(2)(e)] (2)(d), an eligible voter opposed to the special local
1750
ballot proposition who submits a request under Subsection [(2)(d)] (2)(c) may
1751
prepare a written argument against the special local ballot proposition.
1752
[(h)] (g) An eligible voter who submits a written argument under this section in relation
1753
to a special local ballot proposition shall:
1754
(i) ensure that the written argument does not exceed 500 words in length, not
1755
counting the information described in Subsection [(2)(h)(ii)] (2)(g)(ii) or (iv);
1756
(ii) list, at the end of the argument, at least one, but no more than five, names as
1757
sponsors;
1758
(iii) except as provided in Subsection (13), submit the written argument to the
1759
election officer before 5 p.m. no later than 55 days before the election day on
1760
which the ballot proposition will be submitted to the voters;
1761
(iv) list in the argument, immediately after the eligible voter's name, the eligible
1762
voter's residential address; and
1763
(v) submit with the written argument the eligible voter's name, residential address,
- 52 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1764
postal address, email address if available, and phone number.
1765
[(i)] (h) An election officer shall refuse to accept and publish an argument submitted
1766
after the deadline described in Subsection [(2)(h)(iii)] (2)(g)(iii).
1767
(3)(a) An election officer who timely receives the written arguments in favor of and
1768
against a special local ballot proposition shall, within one business day after the day
1769
on which the election office receives both written arguments, send, via mail or email:
1770
(i) a copy of the written argument in favor of the special local ballot proposition to
1771
the eligible voter who submitted the written argument against the special local
1772
ballot proposition; and
1773
(ii) a copy of the written argument against the special local ballot proposition to the
1774
eligible voter who submitted the written argument in favor of the special local
1775
ballot proposition.
1776
(b) The eligible voter who submitted a timely written argument in favor of the special
1777
local ballot proposition:
1778
(i) may submit to the election officer a written rebuttal argument of the written
1779
argument against the special local ballot proposition;
1780
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in
1781
length, not counting the information described in Subsection [(2)(h)(ii)] (2)(g)(ii)
1782
or (iv); and
1783
(iii) except as provided in Subsection (13), shall submit the written rebuttal argument
1784
before 5 p.m. no later than 45 days before the election day on which the special
1785
local ballot proposition will be submitted to the voters.
1786
(c) The eligible voter who submitted a timely written argument against the special local
1787
ballot proposition:
1788
(i) may submit to the election officer a written rebuttal argument of the written
1789
argument in favor of the special local ballot proposition;
1790
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in
1791
length, not counting the information described in Subsection [(2)(h)(ii)] (2)(g)(ii)
1792
or (iv); and
1793
(iii) except as provided in Subsection (13), shall submit the written rebuttal argument
1794
before 5 p.m. no later than 45 days before the election day on which the special
1795
local ballot proposition will be submitted to the voters.
1796
(d) An election officer shall refuse to accept and publish a written rebuttal argument in
1797
relation to a special local ballot proposition that is submitted after the deadline
- 53 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1798
described in Subsection (3)(b)(iii) or (3)(c)(iii).
1799
(4)(a) Except as provided in Subsection (4)(b), in relation to a special local ballot
1800
proposition:
1801
(i) an eligible voter may not modify a written argument or a written rebuttal argument
1802
after the eligible voter submits the written argument or written rebuttal argument
1803
to the election officer; and
1804
(ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
1805
modify a written argument or a written rebuttal argument.
1806
(b) The election officer, and the eligible voter who submits a written argument or written
1807
rebuttal argument in relation to a special local ballot proposition, may jointly agree to
1808
modify a written argument or written rebuttal argument in order to:
1809
(i) correct factual, grammatical, or spelling errors; and
1810
(ii) reduce the number of words to come into compliance with the requirements of
1811
this section.
1812
(c) An election officer shall refuse to accept and publish a written argument or written
1813
rebuttal argument in relation to a special local ballot proposition if the eligible voter
1814
who submits the written argument or written rebuttal argument fails to negotiate, in
1815
good faith, to modify the written argument or written rebuttal argument in accordance
1816
with Subsection (4)(b).
1817
(5) In relation to a special local ballot proposition, an election officer may designate another
1818
eligible voter to take the place of an eligible voter described in this section if the original
1819
eligible voter is, due to injury, illness, death, or another circumstance, unable to continue
1820
to fulfill the duties of an eligible voter described in this section.
1821
(6) Sponsors whose written argument in favor of a standard local ballot proposition is
1822
included in a proposition information pamphlet under Section 20A-7-401.5:
1823
(a) may, if a written argument against the standard local ballot proposition is included in
1824
the proposition information pamphlet, submit a written rebuttal argument to the
1825
election officer;
1826
(b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
1827
and
1828
(c) shall submit the written rebuttal argument no later than 45 days before the election
1829
day on which the standard local ballot proposition will be submitted to the voters.
1830
(7)(a) A [county or municipality] county, municipality, or school district that submitted a
1831
written argument against a standard local ballot proposition that is included in a
- 54 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1832
proposition information pamphlet under Section 20A-7-401.5:
1833
(i) may, if a written argument in favor of the standard local ballot proposition is
1834
included in the proposition information pamphlet, submit a written rebuttal
1835
argument to the election officer;
1836
(ii) shall ensure that the written rebuttal argument does not exceed 250 words in
1837
length; and
1838
(iii) shall submit the written rebuttal argument no later than 45 days before the
1839
election day on which the ballot proposition will be submitted to the voters.
1840
(b) If a [county or municipality] county, municipality, or school district submits more
1841
than one written rebuttal argument under Subsection (7)(a)(i), the election officer
1842
shall select one of the written rebuttal arguments, giving preference to a written
1843
rebuttal argument submitted by a member of a local legislative body or a local school
1844
board.
1845
(8)(a) An election officer shall refuse to accept and publish a written rebuttal argument
1846
that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
1847
(b) Before an election officer publishes a local voter information pamphlet under this
1848
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2,
1849
Government Records Access and Management Act.
1850
(c) An election officer who receives a written rebuttal argument described in this section
1851
may not, before publishing the local voter information pamphlet described in this
1852
section, disclose the written rebuttal argument, or any information contained in the
1853
written rebuttal argument, to any person who may in any way be involved in
1854
preparing an opposing rebuttal argument.
1855
(9)(a) Except as provided in Subsection (9)(b), a person may not modify a written
1856
rebuttal argument after the written rebuttal argument is submitted to the election
1857
officer.
1858
(b) The election officer, and the person who submits a written rebuttal argument, may
1859
jointly agree to modify a written rebuttal argument in order to:
1860
(i) correct factual, grammatical, or spelling errors; or
1861
(ii) reduce the number of words to come into compliance with the requirements of
1862
this section.
1863
(c) An election officer shall refuse to accept and publish a written rebuttal argument if
1864
the person who submits the written rebuttal argument:
1865
(i) fails to negotiate, in good faith, to modify the written rebuttal argument in
- 55 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1866
accordance with Subsection (9)(b); or
1867
(ii) does not timely submit the written rebuttal argument to the election officer.
1868
(d) An election officer shall make a good faith effort to negotiate a modification
1869
described in Subsection (9)(b) in an expedited manner.
1870
(10) An election officer may designate another person to take the place of a person who
1871
submits a written rebuttal argument in relation to a standard local ballot proposition if
1872
the person is, due to injury, illness, death, or another circumstance, unable to continue to
1873
fulfill the person's duties.
1874
(11)(a) The local voter information pamphlet shall include a copy of the initial fiscal
1875
impact estimate and the legal impact statement prepared for each initiative under
1876
Section 20A-7-502.5.
1877 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall include
1878
the following statement in bold type:
1879
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1880
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1881
increase in the current tax rate."
1882
(12)(a) In preparing the local voter information pamphlet, the election officer shall:
1883
(i) ensure that the written arguments are printed on the same sheet of paper upon
1884
which the ballot proposition is also printed;
1885 (ii) ensure that the following statement is printed on the front cover or the heading of the first
1886
page of the printed written arguments:
1887
"The arguments for or against a ballot proposition are the opinions of the authors.";
1888
(iii) pay for the printing and binding of the local voter information pamphlet; and
1889
(iv) not less than 15 days before, but not more than 45 days before, the election at
1890
which the ballot proposition will be voted on, distribute, by mail or carrier, to each
1891
registered voter entitled to vote on the ballot proposition:
1892
(A) a voter information pamphlet; or
1893
(B) the notice described in Subsection (12)(c).
1894
(b)(i) If the language of the ballot proposition exceeds 500 words in length, the
1895
election officer may summarize the ballot proposition in 500 words or less.
1896
(ii) The summary shall state where a complete copy of the ballot proposition is
1897
available for public review.
1898
(c)(i) The election officer may distribute a notice printed on a postage prepaid,
1899
preaddressed return form that a person may use to request delivery of a voter
- 56 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1900
information pamphlet by mail.
1901
(ii) The notice described in Subsection (12)(c)(i) shall include:
1902
(A) the address of the Statewide Electronic Voter Information Website authorized
1903
by Section 20A-7-801; and
1904
(B) the phone number a voter may call to request delivery of a voter information
1905
pamphlet by mail or carrier.
1906
(13) For 2024 only, in relation to an election that will appear on the regular general election
1907
ballot to create a new school district under Section 53G-3-301.1, 53G-3-301.3, or
1908
53G-3-301.4, if the notice described in Subsection (2)(b) is published less than 72 days
1909
before the day of the election:
1910
(a) the deadline to file a request described in Subsection [(2)(d)] (2)(c) is before 5 p.m.
1911
no later than five business days after the notice is published;
1912
(b) the deadline to grant a request under Subsection [(2)(f)] (2)(e) is no later than seven
1913
business days after the notice is published;
1914
(c) the deadline to submit the written argument to the election officer under Subsection [
1915
(2)(h)(iii)] (2)(g)(iii) is before 5 p.m. no later than 12 business days after the notice is
1916
published; and
1917
(d) the deadline to submit the written rebuttal argument under Subsection (3)(b)(iii) or
1918
(c)(iii) is no later than 17 business days after the notice is published.
1919
Section 11. Section 20A-7-405 is amended to read:
1920
20A-7-405 . Public meeting.
1921
(1) A [county or municipality] county, municipality, or school district may not discuss a
1922
proposed initiative, an initiative, a proposed referendum, or a referendum at a public
1923
meeting unless the [county or municipality] county, municipality, or school district
1924
complies with the requirements of this section.
1925
(2) The legislative body of a [county or municipality] county, municipality, or school district
1926
may hold a public meeting to discuss a proposed initiative, an initiative, a proposed
1927
referendum, or a referendum if the legislative body:
1928
(a) allows equal time, within a reasonable limit, for presentations on both sides of the
1929
proposed initiative, initiative, proposed referendum, or referendum;
1930
(b) provides interested parties an opportunity to present oral testimony within reasonable
1931
time limits; and
1932
(c) holds the public meeting:
1933
(i) during the legislative body's normal meeting time; or
- 57 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
1934
(ii) for a meeting time other than the legislative body's normal meeting time,
1935
beginning at or after 6 p.m.
1936
(3) This section does not prohibit a working group meeting from being held before 6 p.m.
1937
Section 12. Section 20A-7-601 is amended to read:
1938
20A-7-601 . Referenda -- General signature requirements -- Signature
1939
requirements for land use laws, subjurisdictional laws, and transit area land use laws --
1940
Time requirements.
1941
(1) As used in this section:
1942
(a) "Number of active voters" means the number of active voters in the county, city, [or
1943
town] town, or school district on the immediately preceding January 1.
1944
(b) "Qualifying county" means a county that has created a small public transit district, as
1945
defined in Section 17B-2a-802, on or before January 1, 2022.
1946
(c) "Qualifying transit area" means:
1947
(i) a station area, as defined in Section 10-9a-403.1, for which the municipality with
1948
jurisdiction over the station area has satisfied the requirements of Subsection
1949
10-9a-403.1(2)(a)(i), as demonstrated by the adoption of a station area plan or
1950
resolution under Subsection 10-9a-403.1(2); or
1951
(ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created
1952
within a qualifying county.
1953
(d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
1954
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
1955
(e)(i) "Subjurisdictional law" means a local law or local obligation law passed by a
1956
local legislative body that imposes a tax or other payment obligation on property
1957
in an area that does not include all precincts and subprecincts under the
1958
jurisdiction of the county, city, or town.
1959
(ii) "Subjurisdictional law" does not include a land use law.
1960
(f) "Transit area land use law" means a land use law that relates to the use of land within
1961
a qualifying transit area.
1962
(g) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
1963
or (2)(b).
1964
(2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have a
1965
local law passed by the local legislative body submitted to a vote of the people shall,
1966
after filing a referendum application, obtain legal signatures equal to:
1967
(a) for a county of the first class:
- 58 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
1968
(i) 7.75% of the number of active voters in the county; and
1969
(ii) [beginning on January 1, 2020, ]7.75% of the number of active voters in at least
1970
75% of the county's voter participation areas;
1971
(b) for a city of the first class:
1972
(i) 7.5% of the number of active voters in the city; and
1973
(ii) [beginning on January 1, 2020, ]7.5% of the number of active voters in at least
1974
75% of the city's voter participation areas;
1975
(c) for a county of the second class:
1976
(i) 8% of the number of active voters in the county; and
1977
(ii) [beginning on January 1, 2020, ]8% of the number of active voters in at least 75%
1978
of the county's voter participation areas;
1979
(d) for a city of the second class:
1980
(i) 8.25% of the number of active voters in the city; and
1981
(ii) [beginning on January 1, 2020, ]8.25% of the number of active voters in at least
1982
75% of the city's voter participation areas;
1983
(e) for a county of the third class:
1984
(i) 9.5% of the number of active voters in the county; and
1985
(ii) [beginning on January 1, 2020, ]9.5% of the number of active voters in at least
1986
75% of the county's voter participation areas;
1987
(f) for a city of the third class:
1988
(i) 10% of the number of active voters in the city; and
1989
(ii) [beginning on January 1, 2020, ]10% of the number of active voters in at least
1990
75% of the city's voter participation areas;
1991
(g) for a county of the fourth class:
1992
(i) 11.5% of the number of active voters in the county; and
1993
(ii) [beginning on January 1, 2020, ]11.5% of the number of active voters in at least
1994
75% of the county's voter participation areas;
1995
(h) for a city of the fourth class:
1996
(i) 11.5% of the number of active voters in the city; and
1997
(ii) [beginning on January 1, 2020, ]11.5% of the number of active voters in at least
1998
75% of the city's voter participation areas;
1999
(i) for a city of the fifth class or a county of the fifth class, 25% of the number of active
2000
voters in the city or county; or
2001
(j) for a town or a county of the sixth class, 35% of the number of active voters in the
- 59 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2002
town or county.
2003
(3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land use
2004
law or local obligation law passed by the local legislative body submitted to a vote of the
2005
people shall, after filing a referendum application, obtain legal signatures equal to:
2006
(a) for a county of the first, second, third, or fourth class:
2007
(i) 16% of the number of active voters in the county; and
2008
(ii) [beginning on January 1, 2020, ]16% of the number of active voters in at least
2009
75% of the county's voter participation areas;
2010
(b) for a county of the fifth or sixth class:
2011
(i) 16% of the number of active voters in the county; and
2012
(ii) [beginning on January 1, 2020, ]16% of the number of active voters in at least
2013
75% of the county's voter participation areas;
2014
(c) for a city of the first class:
2015
(i) 15% of the number of active voters in the city; and
2016
(ii) [beginning on January 1, 2020, ]15% of the number of active voters in at least
2017
75% of the city's voter participation areas;
2018
(d) for or a city of the second class:
2019
(i) 16% of the number of active voters in the city; and
2020
(ii) [beginning on January 1, 2020, ]16% of the number of active voters in at least
2021
75% of the city's voter participation areas;
2022
(e) for a city of the third class:
2023
(i) 27.5% of the number of active voters in the city; and
2024
(ii) [beginning on January 1, 2020, ]27.5% of the number of active voters in at least
2025
75% of the city's voter participation areas;
2026
(f) for a city of the fourth class:
2027
(i) 29% of the number of active voters in the city; and
2028
(ii) [beginning on January 1, 2020, ]29% of the number of active voters in at least
2029
75% of the city's voter participation areas;
2030
(g) for a city of the fifth class, 35% of the number of active voters in the city; or
2031
(h) for a town, 40% of the number of active voters in the town.
2032
(4) A person seeking to have a subjurisdictional law passed by the local legislative body
2033
submitted to a vote of the people shall, after filing a referendum application, obtain legal
2034
signatures of the residents in the subjurisdiction equal to:
2035
(a) 10% of the number of active voters in the subjurisdiction if the number of active
- 60 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2036
voters exceeds 25,000;
2037
(b) [12-1/2] 12.5% of the number of active voters in the subjurisdiction if the number of
2038
active voters does not exceed 25,000 but is more than 10,000;
2039
(c) 15% of the number of active voters in the subjurisdiction if the number of active
2040
voters does not exceed 10,000 but is more than 2,500;
2041
(d) 20% of the number of active voters in the subjurisdiction if the number of active
2042
voters does not exceed 2,500 but is more than 500;
2043
(e) 25% of the number of active voters in the subjurisdiction if the number of active
2044
voters does not exceed 500 but is more than 250; [and] or
2045
(f) 30% of the number of active voters in the subjurisdiction if the number of active
2046
voters does not exceed 250.
2047
(5) An eligible voter seeking to have a transit area land use law passed by the local
2048
legislative body submitted to a vote of the people shall, after filing a referendum
2049
application, obtain legal signatures equal to:
2050
(a) for a county:
2051
(i) 20% of the number of active voters in the county; and
2052
(ii) 21% of the number of active voters in at least 75% of the county's voter
2053
participation areas;
2054
(b) for a city of the first class:
2055
(i) 20% of the number of active voters in the city; and
2056
(ii) 20% of the number of active voters in at least 75% of the city's voter participation
2057
areas;
2058
(c) for a city of the second class:
2059
(i) 20% of the number of active voters in the city; and
2060
(ii) 21% of the number of active voters in at least 75% of the city's voter participation
2061
areas;
2062
(d) for a city of the third class:
2063
(i) 34% of the number of active voters in the city; and
2064
(ii) 34% of the number of active voters in at least 75% of the city's voter participation
2065
areas;
2066
(e) for a city of the fourth class:
2067
(i) 36% of the number of active voters in the city; and
2068
(ii) 36% of the number of active voters in at least 75% of the city's voter participation
2069
areas; or
- 61 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2070
(f) for a city of the fifth class or a town, 40% of the number of active voters in the city or
2071
town.
2072
(6) An eligible voter seeking to have a local law or local school tax law passed by the local
2073
school board of a school district submitted to a vote of the people shall, after filing a
2074
referendum application, obtain legal signatures equal to:
2075
(a) 10% of the number of active voters in the school district if the number of active
2076
voters exceeds 25,000;
2077
(b) 12.5% of the number of active voters in the school district if the number of active
2078
voters does not exceed 25,000 but is more than 10,000;
2079
(c) 15% of the number of active voters in the school district if the number of active
2080
voters does not exceed 10,000 but is more than 2,500;
2081
(d) 20% of the number of active voters in the school district if the number of active
2082
voters does not exceed 2,500 but is more than 500;
2083
(e) 25% of the number of active voters in the school district if the number of active
2084
voters does not exceed 500 but is more than 250; or
2085
(f) 30% of the number of active voters in the school district if the number of active
2086
voters does not exceed 250.
2087
[(6)] (7) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), [or
2088
(5)] (5), or (6), any local law or local school tax law passed by a local legislative body or
2089
a local school board, as applicable, shall file the application before 5 p.m. within five
2090
days after the day on which the local law or local school tax law was passed.
2091
[(7)] (8) Nothing in this section authorizes a local legislative body to impose a tax or other
2092
payment obligation on a subjurisdiction in order to benefit an area outside of the
2093
subjurisdiction.
2094
Section 13. Section 20A-7-602.5 is amended to read:
2095
20A-7-602.5 . Initial fiscal and legal impact statement -- Preparation of statement.
2096
(1) Within three business days after the day on which the local clerk receives a referendum
2097
application, the local clerk shall submit a copy of the referendum application to the [
2098
county, city, or town's] county's, city's, town's, or school district's budget officer.
2099
(2)(a) The budget officer, together with legal counsel, shall prepare an unbiased, good
2100
faith initial fiscal and legal impact statement for repealing the law the referendum
2101
proposes to repeal that contains:
2102
(i) a dollar amount representing the total estimated fiscal impact of repealing the law;
2103
(ii) if repealing the law would increase or decrease taxes, a dollar amount
- 62 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2104
representing the total estimated increase or decrease for each type of tax that
2105
would be impacted by the law's repeal and a dollar amount representing the total
2106
estimated increase or decrease in taxes that would result from the law's repeal;
2107
(iii) if repealing the law would result in the issuance or a change in the status of
2108
bonds, notes, or other debt instruments, a dollar amount representing the total
2109
estimated increase or decrease in public debt that would result;
2110
(iv) a listing of all sources of funding for the estimated costs that would be associated
2111
with the law's repeal, showing each source of funding and the percentage of total
2112
funding that would be provided from each source;
2113
(v) a dollar amount representing the estimated costs or savings, if any, to state and
2114
local government entities if the law were repealed;
2115
(vi) the legal impacts that would result from repealing the law, including:
2116
(A) any significant effects on a person's vested property rights;
2117
(B) any significant effects on other laws or ordinances;
2118
(C) any significant legal liability the city, county, or town may incur; and
2119
(D) any other significant legal impact as determined by the budget officer and the
2120
legal counsel; and
2121
(vii) a concise explanation, not exceeding 100 words, of the information described in
2122
this Subsection (2)(a) and of the estimated fiscal impact, if any, if the law were
2123
repealed.
2124
(b)(i) If repealing the law would have no fiscal impact, the local budget officer shall include a
2125
summary statement in the initial fiscal impact and legal statement in substantially the
2126
following form:
2127
"The (title of the local budget officer) estimates that repealing the law this referendum
2128
proposes to repeal would have no significant fiscal impact and would not result in either an
2129
increase or decrease in taxes or debt."
2130
(ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
2131
shall include a summary statement in the initial fiscal and legal impact statement
2132
describing the fiscal impact.
2133
(iii) If the estimated fiscal impact of repealing the law is highly variable or is
2134
otherwise difficult to reasonably express in a summary statement, the local budget
2135
officer may include in the summary statement a brief explanation that identifies
2136
those factors impacting the variability or difficulty of the estimate.
2137
(3) Within 20 calendar days after the day on which the local clerk submits a copy of the
- 63 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2138
application under Subsection (1), the budget officer shall:
2139
(a) send a copy of the initial fiscal impact and legal statement to the local clerk's office;
2140
and
2141
(b) send a copy of the initial fiscal impact and legal statement to the first three sponsors
2142
named in the referendum application.
2143
Section 14. Section 20A-7-602.7 is amended to read:
2144
20A-7-602.7 . Referability to voters of a local school tax law or a local law other
2145
than a land use law.
2146
(1) Within 20 days after the day on which an eligible voter files a referendum application
2147
under Section 20A-7-602 for a local school tax law, or a local law other than a land use
2148
law, counsel for the [county, city, or town] county, city, town, or school district to which
2149
the referendum pertains shall:
2150
(a) review the referendum application to determine whether the proposed referendum is
2151
legally referable to voters; and
2152
(b) notify the first three sponsors, in writing, whether the proposed referendum is:
2153
(i) legally referable to voters; or
2154
(ii) rejected as not legally referable to voters.
2155
(2) For a local school tax law, or a local law other than a land use law, a proposed
2156
referendum is legally referable to voters unless:
2157
(a) the proposed referendum challenges an action that is administrative, rather than
2158
legislative, in nature;
2159
(b) the proposed referendum challenges more than one law passed by the local
2160
legislative body or the local school board; or
2161
(c) the referendum application was not timely filed or does not comply with the
2162
requirements of this part.
2163
(3) After the end of the 20-day period described in Subsection (1), a [county, city, or town
2164
may not, for a local law other than a land use law] county, city, town, or school district
2165
may not, for a local school tax law, or a local law other than a land use law:
2166
(a) reject a proposed referendum as not legally referable to voters; or
2167
(b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2168
proposed referendum on the grounds that the proposed referendum is not legally
2169
referable to voters.
2170
(4)(a) If, under Subsection (1)(b)(ii), a [county, city, or town] county, city, town, or
2171
school district rejects a proposed referendum concerning a local school tax law, or a
- 64 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2172
local law other than a land use law, a sponsor of the proposed referendum may,
2173
within 10 days after the day on which a sponsor is notified under Subsection (1)(b),
2174
challenge or appeal the decision to:
2175
(i) the Supreme Court, by means of an extraordinary writ, if possible; or
2176
(ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2177
under Subsection (4)(a)(i).
2178
(b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a)
2179
terminates the referendum.
2180
(5) If, on a challenge or appeal, the court determines that the proposed referendum
2181
described in Subsection (4) is legally referable to voters, the local clerk shall comply
2182
with Subsection 20A-7-604(3), or give the sponsors access to the website defined in
2183
Section 20A-21-101, within five days after the day on which the determination, and any
2184
challenge or appeal of the determination, is final.
2185
Section 15. Section 20A-7-603 is amended to read:
2186
20A-7-603 . Manual referendum process -- Form of referendum petition and
2187
signature sheet.
2188
(1) This section applies only to the manual referendum process.
2189
(2)(a) Each proposed referendum petition shall be printed in substantially the following form:
2190
"REFERENDUM PETITION To the Honorable ____, County Clerk/City
2191
Recorder/Town Clerk/Business Administrator/Superintendent:
2192
We, the undersigned citizens of Utah, respectfully order that (description of the local
2193
law or local school tax law, or portion of the local law or local school tax law being
2194
challenged), passed by the ____ be referred to the voters for their approval or rejection at the
2195
regular/municipal general election to be held on __________(month\day\year);
2196
Each signer says:
2197
I have personally signed this referendum petition or, if I am an individual with a
2198
qualifying disability, I have signed this referendum petition by directing the signature gatherer
2199
to enter the initials "AV" as my signature;
2200
The date next to my signature correctly reflects the date that I actually signed the
2201
petition;
2202
I have personally read the entire statement included with this packet;
2203
I am registered to vote in Utah; and
2204
My residence and post office address are written correctly after my name."
2205
(b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
- 65 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2206
law that is the subject of the referendum to each referendum petition.
2207
(3) Each referendum signature sheet shall:
2208
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2209
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2210
that line blank for the purpose of binding;
2211
(c) include the title of the referendum printed below the horizontal line, in at least
2212
14-point type;
2213
(d) include a table immediately below the title of the referendum, and beginning .5 inch
2214
from the left side of the paper, as follows:
2215
(i) the first column shall be .5 inch wide and include three rows;
2216
(ii) the first row of the first column shall be .85 inch tall and contain the words "For
2217
Office Use Only" in 10-point type;
2218
(iii) the second row of the first column shall be .35 inch tall;
2219
(iv) the third row of the first column shall be .5 inch tall;
2220
(v) the second column shall be 2.75 inches wide;
2221
(vi) the first row of the second column shall be .35 inch tall and contain the words
2222
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
2223
type;
2224
(vii) the second row of the second column shall be .5 inch tall;
2225
(viii) the third row of the second column shall be .35 inch tall and contain the words
2226
"Street Address, City, Zip Code" in 10-point type;
2227
(ix) the fourth row of the second column shall be .5 inch tall;
2228
(x) the third column shall be 2.75 inches wide;
2229
(xi) the first row of the third column shall be .35 inch tall and contain the words
2230
"Signature of Registered Voter" in 10-point type;
2231
(xii) the second row of the third column shall be .5 inch tall;
2232
(xiii) the third row of the third column shall be .35 inch tall and contain the words
2233
"Email Address (optional, to receive additional information)" in 10-point type;
2234
(xiv) the fourth row of the third column shall be .5 inch tall;
2235
(xv) the fourth column shall be one inch wide;
2236
(xvi) the first row of the fourth column shall be .35 inch tall and contain the words
2237
"Date Signed" in 10-point type;
2238
(xvii) the second row of the fourth column shall be .5 inch tall;
2239
(xviii) the third row of the fourth column shall be .35 inch tall and contain the words
- 66 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2240
"Birth Date or Age (optional)" in 10-point type;
2241
(xix) the fourth row of the third column shall be .5 inch tall; and
2242
(xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
2243
and contain the following words, "By signing this referendum petition, you are
2244
stating that you have read and understand the law that this referendum petition
2245
seeks to overturn." in 12-point type;
2246
(e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
2247
the bottom of the sheet or the information described in Subsection (3)(f); and
2248 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type, followed by
2249
the following statement in not less than eight-point type:
2250
"It is a class A misdemeanor for an individual to sign a referendum petition with a name
2251
other than the individual's own name, or to knowingly sign the individual's name more than
2252
once for the same referendum petition, or to sign a referendum petition when the individual
2253
knows that the individual is not a registered voter.
2254
Birth date or age information is not required, but it may be used to verify your identity
2255
with voter registration records. If you choose not to provide it, your signature may not be
2256
verified as a valid signature if you change your address before petition signatures are verified
2257
or if the information you provide does not match your voter registration records."
2258 (4) The final page of each referendum packet shall contain the following printed or typed
2259
statement:
2260
"Verification of signature collector
2261
State of Utah, County of ____
2262
I, _______________, of ____, hereby state, under penalty of perjury, that:
2263
I am at least 18 years old;
2264
All the names that appear in this packet were signed by individuals who professed to be
2265
the individuals whose names appear in it, and each of the individuals signed the individual's
2266
name on it in my presence or, in the case of an individual with a qualifying disability, I have
2267
signed this referendum petition on the individual's behalf, at the direction of the individual and
2268
in the individual's presence, by entering the initials "AV" as the individual's signature;
2269
I certify that, for each individual whose signature is represented in this referendum
2270
packet by the initials "AV":
2271
I obtained the individual's voluntary direction or consent to sign the referendum
2272
petition on the individual's behalf;
2273
I do not believe, or have reason to believe, that the individual lacked the mental
- 67 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2274
capacity to give direction or consent;
2275
I do not believe, or have reason to believe, that the individual did not
2276
understand the purpose or nature of my signing the referendum petition on the individual's
2277
behalf;
2278
I did not intentionally or knowingly deceive the individual into directing me to,
2279
or consenting for me to, sign the referendum petition on the individual's behalf; and
2280
I did not intentionally or knowingly enter false information on the signature
2281
sheet;
2282
I did not knowingly make a misrepresentation of fact concerning the law this petition
2283
seeks to overturn; and
2284
I believe that each individual's name, post office address, and residence is written
2285
correctly, that each signer has read the law that the referendum seeks to overturn, and that each
2286
signer is registered to vote in Utah.
2287
________________________________________________________________________
2288
(Name) (Residence Address) (Date)
2289
The correct date of signature appears next to each individual's name.
2290
I have not paid or given anything of value to any individual who signed this referendum
2291
packet to encourage that individual to sign it.
2292
_____________________________________________________________________
2293
(Name) (Residence Address) (Date)".
2294
(5) If the forms described in this section are substantially followed, the referendum
2295
petitions are sufficient, notwithstanding clerical and merely technical errors.
2296
Section 16. Section 20A-7-604 is amended to read:
2297
20A-7-604 . Manual referendum process -- Circulation requirements -- Local
2298
clerk to provide sponsors with materials.
2299
(1) This section applies only to the manual referendum process.
2300
(2) In order to obtain the necessary number of signatures required by this part, the sponsors
2301
or an agent of the sponsors shall, after the sponsors receive the documents described in
2302
Subsections (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the form
2303
requirements of this part.
2304
(3) Within five days after the day on which a county, city, town, school district, or court
2305
determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
2306
legally referable to voters, the local clerk shall provide the sponsors with:
2307
(a) a copy of the referendum petition;
- 68 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2308
(b) a signature sheet; and
2309
(c) a copy of the proposition information pamphlet provided to the sponsors under
2310
Subsection 20A-7-401.5(4)(b).
2311
(4) The sponsors of the referendum petition shall:
2312
(a) arrange and pay for the printing of all documents that are part of the referendum
2313
packets; and
2314
(b) ensure that the referendum packets and the documents described in Subsection (4)(a)
2315
meet the form requirements of this section.
2316
(5)(a) The sponsors or an agent of the sponsors may prepare the referendum packets for
2317
circulation by creating multiple referendum packets.
2318
(b) The sponsors or an agent of the sponsors shall create referendum packets by binding
2319
a copy of the referendum petition with the text of the law that is the subject of the
2320
referendum and no more than 50 signature sheets together at the top in a manner that
2321
the referendum packets may be conveniently opened for signing.
2322
(c) A referendum packet is not required to have a uniform number of signature sheets.
2323
(d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
2324
the proposition information pamphlet provided to the sponsors under Subsection
2325
20A-7-401.5(4)(b).
2326
(6)(a) The sponsors or an agent of the sponsors shall, before gathering signatures:
2327
(i) contact the county clerk to receive a range of numbers that the sponsors may use
2328
to number referendum packets;
2329
(ii) sign an agreement with the local clerk, specifying the range of numbers that the
2330
sponsor will use to number the referendum packets; and
2331
(iii) number each referendum packet, sequentially, within the range of numbers
2332
provided by the county clerk, starting with the lowest number in the range.
2333
(b) The sponsors or an agent of the sponsors may not:
2334
(i) number a referendum packet in a manner not directed by the county clerk; or
2335
(ii) circulate or submit a referendum packet that is not numbered in the manner
2336
directed by the county clerk.
2337
The following section is affected by a coordination clause at the end of this bill.
2338
Section 17. Section 20A-7-607 is amended to read:
2339
20A-7-607 . Evaluation by the local clerk -- Determination of election for vote on
2340
referendum.
2341
(1) In relation to the manual referendum process, when the local clerk receives a
- 69 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2342
referendum packet from a county clerk, the local clerk shall record the number of the
2343
referendum packet received.
2344
(2) The county clerk shall:
2345
(a) in relation to the manual referendum process:
2346
(i) post the names, voter identification numbers, and dates of signatures described in
2347
Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a
2348
conspicuous location designated by the lieutenant governor, for at least 45 days;
2349
and
2350
(ii) update on the local clerk's website the number of signatures certified as of the
2351
date of the update; or
2352
(b) in relation to the electronic referendum process:
2353
(i) post the names, voter identification numbers, and dates of signatures described in
2354
Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous
2355
location designated by the lieutenant governor, for at least 45 days; and
2356
(ii) update on the lieutenant governor's website the number of signatures certified as
2357
of the date of the update.
2358
(3) The local clerk:
2359
(a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
2360
sufficient or insufficient:
2361
(i) in relation to the manual referendum process, no later than 111 days after the day
2362
of the deadline, described in Subsection 20A-7-105(5)(a)(iv), to submit a
2363
referendum packet to the county clerk; or
2364
(ii) in relation to the electronic referendum process, no later than 111 days after the
2365
day of the deadline, described in Subsection 20A-7-616(2), to collect a signature;
2366
or
2367
(b) may declare the referendum petition to be insufficient before the day described in
2368
Subsection (3)(a) if:
2369
(i) in relation to the manual referendum process, the total of all valid signatures on
2370
timely and lawfully submitted referendum packets that have been certified by the
2371
county clerk, plus the number of signatures on timely and lawfully submitted
2372
referendum packets that have not yet been evaluated for certification, is less than
2373
the number of names required under Section 20A-7-601;
2374
(ii) in relation to the electronic referendum process, the total of all timely and
2375
lawfully submitted valid signatures that have been certified by the county clerks,
- 70 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2376
plus the number of timely and lawfully submitted valid signatures received under
2377
Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is
2378
less than the number of names required under Section 20A-7-601; or
2379
(iii) a requirement of this part has not been met.
2380
(4)(a) If the total number of names certified under Subsection (3) equals or exceeds the
2381
number of names required under Section 20A-7-601, and the requirements of this
2382
part are met, the local clerk shall mark upon the front of the referendum petition the
2383
word "sufficient."
2384
(b) If the total number of names certified under Subsection (3) does not equal or exceed
2385
the number of names required under Section 20A-7-601 or a requirement of this part
2386
is not met, the local clerk shall mark upon the front of the referendum petition the
2387
word "insufficient."
2388
(c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
2389
finding.
2390
(d) After a referendum petition is declared insufficient, a person may not submit
2391
additional signatures to qualify the referendum for the ballot.
2392
(5)(a) If the local clerk refuses to declare a referendum petition sufficient, any voter
2393
may, no later than 10 days after the day on which the local clerk declares the
2394
referendum petition insufficient, apply to the appropriate court for an order finding
2395
the referendum petition legally sufficient.
2396
(b) If the court determines that the referendum petition is legally sufficient, the local
2397
clerk shall mark the referendum petition "sufficient" and consider the declaration of
2398
sufficiency effective as of the date on which the referendum petition should have
2399
been declared sufficient by the local clerk's office.
2400
(c) If the court determines that a referendum petition filed is not legally sufficient, the
2401
court may enjoin the local clerk and all other officers from:
2402
(i) certifying or printing the ballot title and numbers of that referendum on the official
2403
ballot for the next election; or
2404
(ii) as it relates to a local tax law or a local school tax law that is conducted entirely
2405
by mail, certifying, printing, or mailing the ballot title and numbers of that
2406
referendum under Section 20A-7-609.5.
2407
(6) A referendum petition determined to be sufficient in accordance with this section is
2408
qualified for the ballot.
2409
(7)(a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
- 71 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2410
legislative action taken after April 15, the election officer may not place the
2411
referendum on an election ballot until a primary election, a general election, or a
2412
special election the following year.
2413
(b) The election officer may place a referendum described in Subsection (7)(a) on the
2414
ballot for a special, primary, or general election held during the year that the
2415
legislative action was taken if the following agree, in writing, on a timeline to place
2416
the referendum on that ballot:
2417
(i) the local clerk;
2418
(ii) the county clerk; and
2419
(iii) the attorney for the [county or municipality] county, municipality, or school
2420
district that took the legislative action.
2421
(c) For a referendum on a land use law, if, before August 30, the local clerk or a court
2422
determines that the total number of certified names equals or exceeds the number of
2423
signatures required in Section 20A-7-601, the election officer shall place the
2424
referendum on the election ballot for:
2425
(i) the next general election; or
2426
(ii) another election, if the following agree, in writing, on a timeline to place the
2427
referendum on that ballot:
2428
(A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as
2429
applicable;
2430
(B) the local clerk;
2431
(C) the county clerk; and
2432
(D) the attorney for the county or municipality that took the legislative action.
2433
Section 18. Section 20A-7-608 is amended to read:
2434
20A-7-608 . Short title and summary of referendum -- Duties of local clerk and
2435
local attorney.
2436
(1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
2437
referendum petition and the law to which the referendum relates to the local attorney.
2438
(2) The local attorney shall:
2439
(a) entitle each [county or municipal] county, municipal, or school district referendum
2440
that qualifies for the ballot "Proposition Number __" and give the referendum a
2441
number assigned in accordance with Section 20A-6-107;
2442
(b) prepare for the referendum:
2443
(i) an impartial short title, not exceeding 25 words, that generally describes the
- 72 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2444
subject of the law to which the referendum relates; and
2445
(ii) an impartial summary of the contents of the law to which the referendum relates,
2446
not exceeding 125 words;
2447
(c) file the proposed short title, summary, and the numbered referendum title with the
2448
local clerk within 20 days after the day on which an eligible voter submits the
2449
referendum petition to the local clerk; and
2450
(d) promptly provide notice of the filing of the proposed short title and summary to:
2451
(i) the sponsors of the petition; and
2452
(ii) the local legislative body or the local school board for the jurisdiction where the
2453
referendum petition was circulated.
2454
(3)(a) The short title and summary may be distinct from the title of the law that is the
2455
subject of the referendum petition.
2456
(b) In preparing a short title, the local attorney shall, to the best of the local attorney's
2457
ability, give a true and impartial description of the subject of the referendum.
2458
(c) In preparing a summary, the local attorney shall, to the best of the local attorney's
2459
ability, give a true and impartial summary of the contents of the referendum.
2460
(d) The short title and summary may not intentionally be an argument, or likely to create
2461
prejudice, for or against the referendum.
2462
(4)(a) Within five calendar days after the day on which the local attorney files a
2463
proposed short title and summary under Subsection (2)(c), the local legislative body
2464
or local school board for the jurisdiction where the referendum petition was
2465
circulated and the sponsors of the referendum petition may file written comments in
2466
response to the proposed short title and summary with the local clerk.
2467
(b) Within five calendar days after the last date to submit written comments under
2468
Subsection (4)(a), the local attorney shall:
2469
(i) review any written comments filed in accordance with Subsection (4)(a);
2470
(ii) prepare a final short title and summary that meets the requirements of Subsection
2471
(3); and
2472
(iii) return the referendum petition and file the short title and summary with the local
2473
clerk.
2474
(c) Subject to Subsection (6), for each [county or municipal] county, municipal, or school
2475
district referendum, the following shall be printed on the official ballot:
2476
(i) the short title; and
2477
(ii) except as provided in Subsection (4)(d):
- 73 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2478
(A) the summary;
2479
(B) a copy of the ordinance, resolution, or written description of the local law or
2480
local school tax law; and
2481
(C) a link to a location on the election officer's website where a voter may review
2482
additional information relating to each referendum, including the information
2483
described in Subsection 20A-7-602(2) and the arguments relating to the
2484
referendum that are included in the local voter information pamphlet.
2485
(d) Unless the information described in Subsection (4)(c)(ii) is printed on the official
2486
ballot, the election officer shall include with the ballot a separate ballot proposition
2487
insert that includes the short title and summary for each referendum on the ballot and
2488
a link to a location on the election officer's website where a voter may review the
2489
additional information described in Subsection (4)(c)(ii)(C).
2490
(e) Unless the information described in Subsection 20A-7-508(4)(c)(ii) for all initiatives
2491
on the ballot, and the information described in Subsection (4)(c)(ii) for all referenda
2492
on the ballot, is printed on the ballot, the ballot shall include the following statement
2493
at the beginning of the portion of the ballot that includes ballot measures, "The ballot
2494
proposition sheet included with this ballot contains an impartial summary of each
2495
initiative and referendum on this ballot, unless the summary is printed directly on the
2496
ballot."
2497
(5) Immediately after the local attorney files a copy of the short title and summary with the
2498
local clerk, the local clerk shall send a copy of the short title and summary to the
2499
sponsors of the referendum petition and the local legislative body or the local school
2500
board for the jurisdiction where the referendum petition was circulated.
2501
(6)(a) If the short title or summary provided by the local attorney is unsatisfactory or
2502
does not comply with the requirements of this section, the decision of the local
2503
attorney may be appealed to the appropriate court by:
2504
(i) at least three sponsors of the referendum petition; or
2505
(ii) a majority of the local legislative body or the local school board for the
2506
jurisdiction where the referendum petition was circulated.
2507
(b) The court:
2508
(i) shall examine the short title and summary and consider the arguments; and
2509
(ii) enter an order consistent with the requirements of this section.
2510
(c) The local clerk shall include the short title and summary in the ballot or ballot
2511
proposition insert, as required by this section.
- 74 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2512
Section 19. Section 20A-7-609 is amended to read:
2513
20A-7-609 . Form of ballot -- Manner of voting.
2514
(1) The local clerk shall ensure that the number and ballot title are presented upon the
2515
official ballot with, immediately adjacent to them, the words "For" and "Against," each
2516
word presented with an adjacent square in which the elector may indicate the elector's
2517
vote.
2518
(2)(a) Except as provided in Subsection [(2)(c)(i)] (2)(d)(i) or Section 20A-7-609.5, and
2519
unless the county legislative body calls a special election, the county clerk shall
2520
ensure that a county referenda that [have] has qualified for the ballot [appear] appears
2521
on the next regular general election ballot.
2522
(b) Except as provided in Subsection [(2)(c)(ii)] (2)(d)(ii) or Section 20A-7-609.5, and
2523
unless the municipal legislative body calls a special election, the municipal recorder
2524
or clerk shall ensure that a municipal referenda that [have] has qualified for the ballot [
2525
appear] appears on the next regular municipal election ballot.
2526
(c) Except as provided in Subsection (2)(d)(iii) or Section 20A-7-609.5, and unless the
2527
local school board calls a special election, the business administrator or
2528
superintendent shall ensure that a school district referenda that has qualified for the
2529
ballot appears on the next regular general election ballot.
2530
[(c)(i) Except as provided in Section 20A-7-609.5,]
2531
(d)(i) [if] If a local law passes after January 30 of the year in which there is a regular
2532
general election, the county clerk shall ensure that a county referendum that has
2533
qualified for the ballot appears on the ballot at the second regular general election
2534
immediately following the passage of the local law unless the county legislative
2535
body calls a special election.
2536
(ii) [Except as provided in Section 20A-7-609.5, if ] If a local law passes after January
2537
30 of the year in which there is a municipal general election, the municipal
2538
recorder or clerk shall ensure that a municipal referendum that has qualified for
2539
the ballot appears on the ballot at the second municipal general election
2540
immediately following the passage of the local law unless the municipal
2541
legislative body calls a special election.
2542
(iii) If a local law or local school tax law passes after January 30 of the year in which
2543
there is a regular general election, the business administrator or superintendent
2544
shall ensure that a school district referendum that has qualified for the ballot
2545
appears on the ballot at the second regular general election immediately following
- 75 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2546
passage of the local law or local school tax law unless the local school board calls
2547
a special election.
2548
(3)(a)(i) A voter desiring to vote in favor of the law that is the subject of the
2549
referendum shall mark the square adjacent to the word "For."
2550
(ii) The law that is the subject of the referendum is effective if a majority of voters
2551
mark "For."
2552
(b)(i) A voter desiring to vote against the law that is the subject of the referendum
2553
shall mark the square following the word "Against."
2554
(ii) The law that is the subject of the referendum is not effective if a majority of
2555
voters mark "Against."
2556
Section 20. Section 20A-7-609.5 is amended to read:
2557
20A-7-609.5 . Election on referendum challenging a local tax law or local school
2558
tax law conducted entirely by mail.
2559
(1) An election officer may administer an election on a referendum challenging a local tax
2560
law or a local school tax law entirely by mail.
2561
(2) For purposes of an election conducted under this section, the election officer shall:
2562
(a) designate as the election day the day that is 30 days after the day on which the
2563
election officer complies with Subsection (2)(b); and
2564
(b) within 30 days after the day on which the referendum described in Subsection (1)
2565
qualifies for the ballot, mail to each registered voter within the voting precincts or
2566
school district to which the local tax law or local school tax law applies:
2567
(i) a manual ballot;
2568
(ii) a statement that there will be no polling place for the election;
2569
(iii) a statement specifying the election day described in Subsection (2)(a);
2570
(iv) a business reply mail envelope;
2571
(v) instructions for returning the ballot that include an express notice about any
2572
relevant deadlines that the voter must meet in order for the voter's vote to be
2573
counted;
2574
(vi) a warning, on a separate page of colored paper in boldface print, indicating that if
2575
the voter fails to follow the instructions included with the manual ballot, the voter
2576
will be unable to vote in that election because there will be no polling place for the
2577
election; and
2578
(vii)(A) a copy of the proposition information pamphlet relating to the referendum
2579
if a proposition information pamphlet relating to the referendum was published
- 76 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2580
under Section 20A-7-401.5; or
2581
(B) a website address where an individual may view a copy of the proposition
2582
information pamphlet described in Subsection (2)(b)(vii)(A).
2583
(3) An election officer who administers an election under this section shall:
2584
(a)(i) obtain, in person, the signatures of each voter within that voting precinct or
2585
school district before the election; or
2586
(ii) obtain the signature of each voter within the voting precinct or school district
2587
from the county clerk; and
2588
(b) maintain the signatures on file in the election officer's office.
2589
(4)(a) Upon receiving a returned manual ballot under this section, the election officer
2590
shall compare the signature on each return envelope with the voter's signature that is
2591
maintained on file and verify that the signatures are the same.
2592
(b) If the election officer questions the authenticity of the signature on the return
2593
envelope, the election officer shall immediately contact the voter to verify the
2594
signature.
2595
(c) If there is not a signature on the return envelope or if the election officer determines
2596
that the signature on the return envelope does not match the voter's signature that is
2597
maintained on file, the election officer shall:
2598
(i) disqualify the ballot; and
2599
(ii) notify the voter of the disqualification and the reason for the disqualification.
2600
Section 21. Section 20A-7-610 is amended to read:
2601
20A-7-610 . Return and canvass -- Conflicting measures -- Law effective on
2602
proclamation.
2603
(1) The votes on the law that is the subject of the referendum petition shall be counted,
2604
canvassed, and delivered as provided in [Title 20A, Chapter 4, Part 3, Canvassing
2605
Returns] Chapter 4, Part 3, Canvassing Returns.
2606
(2) After the local board of canvassers completes the canvass, the local clerk shall certify to
2607
the local legislative body or the local school board the vote for and against the law that
2608
is the subject of the referendum petition.
2609
(3)(a) The local legislative body or the local school board shall immediately issue a
2610
proclamation that:
2611
(i) gives the total number of votes cast in the local jurisdiction for and against each
2612
law that is the subject of a referendum petition; and
2613
(ii) in accordance with Section 20A-7-611, declares those laws that are the subject of
- 77 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2614
a referendum petition that are approved by majority vote to be in full force and
2615
effect as the law of the local jurisdiction.
2616
(b) When the local legislative body or the local school board determines that two laws,
2617
or that parts of two laws approved by the people at the same election are entirely in
2618
conflict, the local legislative body shall proclaim to be law the law that received the
2619
greatest number of affirmative votes, regardless of the difference in the majorities
2620
which those approved laws received.
2621
(4)(a) Within 10 days after the day on which the local legislative body or the local
2622
school board issues the proclamation described in Subsection (3), any qualified voter
2623
residing in the jurisdiction for a law that is declared by the local legislative body to
2624
be superseded by another law approved at the same election may bring an action in
2625
the appropriate court to review the decision.
2626
(b) The court shall:
2627
(i) consider the matter and decide whether the approved laws are entirely in conflict;
2628
and
2629
(ii) issue an order, consistent with the court's decision, to the local legislative body or
2630
the local school board.
2631
(5) Within 10 days after the day on which the court enters an order under Subsection
2632
(4)(b)(ii), the local legislative body or the local school board shall:
2633
(a) proclaim as law all those laws approved by the people that the court determines are
2634
not in conflict; and
2635
(b) of all those laws approved by the people as law that the court determines to be in
2636
conflict, proclaim as law the one that receives the greatest number of affirmative
2637
votes, regardless of the difference in majorities.
2638
Section 22. Section 20A-7-611 is amended to read:
2639
20A-7-611 . Temporary stay -- Effective date -- Effect of repeal by local
2640
legislative body or local school board.
2641
(1) Any law submitted to the people by referendum petition that is rejected by the voters at
2642
any election is repealed as of the date of the election.
2643
(2) If, at the time during the process described in Subsection 20A-7-607(2), the local clerk
2644
determines that, at that point in time, an adequate number of signatures are certified to
2645
comply with the signature requirements, the local clerk shall:
2646
(a) issue an order temporarily staying the law from going into effect; and
2647
(b) continue the process of certifying signatures and removing signatures as required by
- 78 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2648
this part.
2649
(3) The temporary stay described in Subsection (2) remains in effect, regardless of whether
2650
a future count falls below the signature threshold, until the day on which:
2651
(a) if the local clerk declares the referendum petition insufficient, five days after the day
2652
on which the local clerk declares the referendum petition insufficient; or
2653
(b) if the local clerk declares the referendum petition sufficient, the day on which the
2654
local legislative body issues the proclamation described in Section 20A-7-610.
2655
(4) A law submitted to the people by referendum that is approved by the voters at an
2656
election takes effect the later of:
2657
(a) five days after the date of the official proclamation of the vote by the local legislative
2658
body; or
2659
(b) the effective date specified in the approved law.
2660
(5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the local
2661
clerk declares the referendum petition insufficient, the law that is the subject of the
2662
referendum petition takes effect the later of:
2663
(a) five days after the day on which the local clerk declares the petition insufficient; or
2664
(b) the effective date specified in the proposed law.
2665
(6)(a) A law approved by the people under this part is not subject to veto.
2666
(b) The local legislative body or the local school board may amend any laws approved
2667
by the people under this part after the people approve the law.
2668
(7) If the local legislative body or the local school board repeals a law challenged by
2669
referendum petition under this part, the referendum petition is void and no further action
2670
on the referendum petition is required.
2671
Section 23. Section 20A-7-613 is amended to read:
2672
20A-7-613 . Property tax referendum petition.
2673
(1) As used in this section[,] :
2674
(a) [ "certified tax rate"] "Certified tax rate" means the same as that term is defined in
2675
Section 59-2-924.
2676
(b) "Taxing entity" means a county, city, town, or school district with the authority to
2677
levy a tax on property.
2678
(2) Except as provided in this section, the requirements of this part apply to a referendum
2679
petition challenging a taxing entity's legislative body's vote to impose a tax rate that
2680
exceeds the certified tax rate.
2681
(3) Notwithstanding Subsection 20A-7-105(5)(a)(iv), the sponsors or an agent of the
- 79 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2682
sponsors shall deliver a signed and verified referendum packet to the county clerk of the
2683
county in which the packet was circulated before 5 p.m. no later than the earlier of:
2684
(a) 30 days after the day on which the first individual signs the packet; or
2685
(b) 40 days after the day on which the local clerk complies with Subsection
2686
20A-7-604(3).
2687
(4) Notwithstanding Subsections 20A-7-105(6)(a) and (9), the county clerk shall take the
2688
actions required in Subsections 20A-7-105(6)(a) and (9) within 10 working days after
2689
the day on which the county clerk receives the signed and verified referendum packet as
2690
described in Subsection (3).
2691
(5) The local clerk shall take the actions required by Section 20A-7-607 within two
2692
working days after:
2693
(a) in relation to the manual referendum process, the day on which the local clerk
2694
receives the referendum packets from the county clerk; or
2695
(b) in relation to the electronic referendum process, the deadline described in Subsection
2696
20A-7-616(2).
2697
(6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the ballot
2698
title within two working days after the day on which the referendum petition is declared
2699
sufficient for submission to a vote of the people.
2700
(7) Notwithstanding Subsection [20A-7-609(2)(c)] 20A-7-609(2)(d), a referendum that
2701
qualifies for the ballot under this section shall appear on the ballot for the earlier of the
2702
next regular general election or the next municipal general election unless a special
2703
election is called.
2704
(8) The election officer shall mail manual ballots on a referendum under this section the
2705
later of:
2706
(a) the time provided in Section 20A-3a-202 or 20A-16-403; or
2707
(b) the time that ballots are prepared for mailing under this section.
2708
(9) Section 20A-7-402 does not apply to a referendum described in this section.
2709
(10)(a) If a majority of voters does not vote against imposing the tax at a rate calculated
2710
to generate the increased revenue budgeted, adopted, and approved by the taxing
2711
entity's legislative body:
2712
(i) the certified tax rate for the fiscal year during which the referendum petition is
2713
filed is its most recent certified tax rate; and
2714
(ii) the proposed increased revenues for purposes of establishing the certified tax rate
2715
for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the
- 80 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2716
proposed increased revenues budgeted, adopted, and approved by the taxing
2717
entity's legislative body before the filing of the referendum petition.
2718
(b) If a majority of voters votes against imposing a tax at the rate established by the vote
2719
of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
2720
taxing entity's most recent certified tax rate.
2721
(c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
2722
required to comply with the notice and public hearing requirements of Section
2723
59-2-919 if the taxing entity complies with those notice and public hearing
2724
requirements before the referendum petition is filed.
2725
(11) The ballot title shall, at a minimum, include in substantially this form the following:
2726
"Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
2727
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year]
2728
as budgeted, adopted, and approved by the [name of the taxing entity].".
2729
(12) A taxing entity shall pay the county the costs incurred by the county that are directly
2730
related to meeting the requirements of this section and that the county would not have
2731
incurred but for compliance with this section.
2732
(13)(a) An election officer shall include on a ballot a referendum that has not yet
2733
qualified for placement on the ballot, if:
2734
(i) sponsors file an application for a referendum described in this section;
2735
(ii) the ballot will be used for the election for which the sponsors are attempting to
2736
qualify the referendum; and
2737
(iii) the deadline for qualifying the referendum for placement on the ballot occurs
2738
after the day on which the ballot will be printed.
2739
(b) If an election officer includes on a ballot a referendum described in Subsection
2740
(13)(a), the ballot title shall comply with Subsection (11).
2741
(c) If an election officer includes on a ballot a referendum described in Subsection
2742
(13)(a) that does not qualify for placement on the ballot, the election officer shall
2743
inform the voters by any practicable method that the referendum has not qualified for
2744
the ballot and that votes cast in relation to the referendum will not be counted.
2745
Section 24. Section 20A-7-614 is amended to read:
2746
20A-7-614 . Electronic referendum process -- Form of referendum petition --
2747
Circulation requirements -- Signature collection.
2748
(1) This section applies only to the electronic referendum process.
2749
(2)(a) The first screen presented on the approved device shall include the following statement:
- 81 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2750
"This REFERENDUM PETITION is addressed to the Honorable ____, County
2751
Clerk/City Recorder/Town Clerk/Business Administrator/Superintendent:
2752
The citizens of Utah who sign this petition respectfully order that (description of the
2753
local law or local school tax law, or portion of the local law or local school tax law being
2754
challenged), passed by the ____ be referred to the voters for their approval or rejection at the
2755
regular/municipal general election to be held on __________(month\day\year)."
2756
(b) An individual may not advance to the second screen until the individual clicks a link
2757
at the bottom of the first screen stating, "By clicking here, I attest that I have read and
2758
understand the information presented on this screen."
2759
(3)(a) The second screen presented on the approved device shall include the entire text
2760
of the law that is the subject of the referendum petition.
2761
(b) An individual may not advance to the third screen until the individual clicks a link at
2762
the bottom of the second screen stating, "By clicking here, I attest that I have read
2763
and understand the entire text of the law that is the subject of the referendum
2764
petition."
2765
(4)(a) The third screen presented on the approved device shall include a statement
2766
indicating whether persons gathering signatures for the referendum petition may be
2767
paid for gathering signatures.
2768
(b) An individual may not advance to the fourth screen until the individual clicks a link
2769
at the bottom of the third screen stating, "By clicking here, I attest that I have read
2770
and understand the information presented on this screen."
2771 (5) The fourth screen presented on the approved device shall include the following statement,
2772
followed by links where the individual may click "yes" or "no":
2773
"I have personally read the entirety of each statement presented on this device;
2774
I am personally signing this referendum petition;
2775
I am registered to vote in Utah; and
2776
All information I enter on this device, including my residence and post office address, is
2777
accurate.
2778
It is a class A misdemeanor for an individual to sign a referendum petition with a name
2779
other than the individual's own name, or to knowingly sign the individual's name more than
2780
once for the same referendum petition, or to sign a referendum petition when the individual
2781
knows that the individual is not a registered voter.
2782
Do you wish to continue and sign this referendum petition?"
2783
(6)(a) If the individual clicks "no" in response to the question described in Subsection
- 82 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2784
(5), the next screen shall include the following statement, "Thank you for your time.
2785
Please return this device to the signature-gatherer."
2786
(b) If the individual clicks "yes" in response to the question described in Subsection (5),
2787
the website, or the application that accesses the website, shall take the
2788
signature-gatherer and the individual signing the referendum petition through the
2789
signature process described in Section 20A-21-201.
2790
Section 25. Section 63G-30-102 is amended to read:
2791
63G-30-102 . Public notice classifications and requirements.
2792
(1) A public body or a government official that is required to provide a class A notice:
2793
(a) shall publish the public notice on the Utah Public Notice Website;
2794
(b) shall publish the public notice on the public body's or government official's official
2795
website, if the public body or government official:
2796
(i) maintains an official website; and
2797
(ii) has an annual operating budget of $250,000 or more; and
2798
(c) except as provided in Subsection (4), and subject to Subsection (5), post the public
2799
notice in connection with the affected area as follows:
2800
(i) if the affected area is a municipality with a population of less than 2,000, in a
2801
public location in or near the affected area that is reasonably likely to be seen by
2802
residents of the affected area;
2803
(ii) if the affected area is a proposed municipality with a population of less than
2804
2,000, in a public location in or near the affected area that is reasonably likely to
2805
be seen by residents of the affected area;
2806
(iii) if the affected area is an area other than an area described in Subsections (1)(c)(i),
2807
(1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected
2808
area that is reasonably likely to be seen by:
2809
(A) residents of the affected area; or
2810
(B) if there are no residents within the affected area, individuals who pass through
2811
or near the affected area;
2812
(iv) if the affected area is a county, in a public location within the county that is
2813
reasonably likely to be seen by residents of the county;
2814
(v) if the affected area is a municipality with a population of 2,000 or more, or a
2815
proposed municipality with a population of 2,000 or more, in a public location
2816
within the municipality or proposed municipality that is reasonably likely to be
2817
seen by residents of the municipality or proposed municipality;
- 83 - 2nd Sub. (Gray) H.B. 408 02-24 12:42
2818
(vi) if the affected area is a public street, on or adjacent to the public street;
2819
(vii) if the affected area is an easement:
2820
(A) on or adjacent to the easement; or
2821
(B) in a public location that is reasonably likely to be seen by persons who are
2822
likely to be impacted by the easement; [or]
2823
(viii) if the affected area is an interlocal entity, within, or as applicable near, each
2824
jurisdiction that is part of the interlocal entity, in accordance with the provisions
2825
of this Subsection (1) that apply to that jurisdiction[.] ; or
2826
(ix) if the affected area is a school district, in a public location within the school
2827
district that is reasonably likely to be seen by residents of the school district.
2828
(2) Subject to Subsection (5), a public body or a government official that is required to
2829
provide a class B notice shall:
2830
(a) comply with the requirements described in Subsection (1) for a class A notice;
2831
(b) if a statute, county ordinance, or municipal ordinance requires that the notice be
2832
provided for a designated geographic area, mail or otherwise deliver the public notice
2833
or a notice summary statement to each residence within, and, in accordance with
2834
Subsection (3), to each owner of real property located within, the designated
2835
geographic area; and
2836
(c) if a statute, county ordinance, or municipal ordinance requires that the notice be
2837
provided to one or more designated persons or real property owners, mail or
2838
otherwise deliver the public notice or a notice summary statement, in accordance
2839
with Subsection (3), to each designated person and real property owner.
2840
(3) When providing notice to a real property owner under Subsection (2)(b) or (c), the
2841
public body or government official shall:
2842
(a) use the current residential or business address of the real property owner;
2843
(b) if the public body or government official is not reasonably able to obtain the address
2844
described in Subsection (3)(a), use the last known address of the real property owner
2845
that the public body or government official is able to obtain via a reasonable inquiry
2846
into public records; or
2847
(c) if the public body or government official is not reasonably able to obtain an address
2848
described in Subsection (3)(a) or (b), post the notice on the real property.
2849
(4) A government official, a public body, or any other body that is required to post notice
2850
under Subsection (1) is not required to comply with Subsection (1)(c) if:
2851
(a) the affected area is the state;
- 84 - 02-24 12:42 2nd Sub. (Gray) H.B. 408
2852
(b) the body is a specified body, as defined in Section 52-4-103;
2853
(c) the public body is the Legislature or a public body within the state legislative branch;
2854
or
2855
(d) the government official is required to post the notice on behalf of a body described in
2856
Subsection (4)(b) or (c).
2857
(5) If a statute, ordinance, or rule requires a public body or government official to provide
2858
notice for a period of time:
2859
(a) in relation to posting the notice on the Utah Public Notice Website, the requirement
2860
is not violated due to temporary technological issues that interrupt the posting, unless
2861
the posting is interrupted for more than 25% of the required posting time;
2862
(b) in relation to posting the notice in a physical location, the requirement is fulfilled if:
2863
(i) the notice is posted at or, except to the extent prohibited by law, before the
2864
beginning of the period of time;
2865
(ii) the public body or government official does not remove the posting before the
2866
end of the period of time; and
2867
(iii) until the end of the period of time, the public body or government official:
2868
(A) periodically verifies that the notice remains in place; and
2869
(B) replaces the notice within a reasonable time after discovering that the notice
2870
has been removed or damaged; and
2871
(c) in relation to mailing, sending, or otherwise delivering notice to a person, the mailing
2872
is made at or, except to the extent prohibited by law, before, the beginning of the
2873
period of time.
2874
Section 26. Effective Date.
2875
This bill takes effect on May 7, 2025.
- 85 -