UT
Utah House Bill HB0454

Utah 2025 Regular Session

Utah House Bill HB0454 Compare Versions

OldNewDifferences
1-03-06 09:12 2nd Sub. (Gray) H.B. 454
2-Brady Brammer proposes the following substitute bill:
1+03-04 10:20 1st Sub. (Buff) H.B. 454
2+Karen M. Peterson proposes the following substitute bill:
33 1
44 Local Government Fees Modifications
55 2025 GENERAL SESSION
66 STATE OF UTAH
77 Chief Sponsor: Karen M. Peterson
8-Senate Sponsor: Brady Brammer
8+Senate Sponsor:
99 2
1010
1111 3
1212 LONG TITLE
1313 4
1414 General Description:
1515 5
1616 This bill modifies and enacts provisions related to municipal and county fees.
1717 6
1818 Highlighted Provisions:
1919 7
2020 This bill:
2121 8
2222 ▸ defines terms;
2323 9
2424 ▸ prohibits a city from imposing a fee on the general public for broadband or public safety
2525 10
2626 service, with exceptions;
2727 11
2828 ▸ prohibits a town from imposing a fee on the general public for public safety service, with
2929 12
3030 exceptions;
3131 13
32-▸ authorizes a municipality or county to impose a transportation utility fee if the
32+▸ authorizes a municipality or county to impose a transportation utility fee if the city or
3333 14
34-municipality or county complies with certain requirements;
34+county complies with certain requirements;
3535 15
36-▸ establishes a process and requirements for a municipality or county to impose a
36+▸ establishes a process and requirements for a city or county to impose a transportation
3737 16
38-transportation utility fee;
38+utility fee;
3939 17
4040 ▸ provides that property owned by a religious organization may, under certain
4141 18
4242 circumstances, be exempt from a transportation utility fee;
4343 19
4444 ▸ provides a process to hold a referendum on the imposition of a transportation utility fee or
4545 20
4646 an increase to an existing transportation utility fee; and
4747 21
4848 ▸ makes technical and conforming changes.
4949 22
5050 Money Appropriated in this Bill:
5151 23
5252 None
5353 24
5454 Other Special Clauses:
5555 25
5656 None
5757 26
5858 Utah Code Sections Affected:
5959 27
6060 AMENDS:
6161 28
6262 10-1-406, as enacted by Laws of Utah 2003, Chapter 253
63-2nd Sub. H.B. 454 2nd Sub. (Gray) H.B. 454 03-06 09:12
63+1st Sub. H.B. 454 1st Sub. (Buff) H.B. 454 03-04 10:20
6464 29
6565 20A-7-101, as last amended by Laws of Utah 2024, Third Special Session, Chapter 3
6666 30
6767 20A-7-607, as last amended by Laws of Utah 2023, Chapters 107, 116
6868 31
6969 20A-7-609.5, as last amended by Laws of Utah 2020, Chapter 31
7070 32
7171 ENACTS:
7272 33
7373 10-5-133, Utah Code Annotated 1953
7474 34
7575 10-5-134, Utah Code Annotated 1953
7676 35
7777 10-5-135, Utah Code Annotated 1953
7878 36
7979 10-6-134.3, Utah Code Annotated 1953
8080 37
8181 10-6-134.5, Utah Code Annotated 1953
8282 38
8383 10-6-134.6, Utah Code Annotated 1953
8484 39
8585 17-36-56, Utah Code Annotated 1953
8686 40
8787 17-36-57, Utah Code Annotated 1953
8888 41
8989 20A-7-613.1, Utah Code Annotated 1953
9090 42
9191
9292 43
9393 Be it enacted by the Legislature of the state of Utah:
9494 44
9595 Section 1. Section 10-1-406 is amended to read:
9696 45
9797 10-1-406 . Limitation of other telecommunications taxes or fees.
9898 46
9999 (1) As used in this section:
100100 47
101101 (a) "Broadband" means facilities and services used to make high-capacity, high-speed
102102 48
103103 Internet service available to users.
104104 49
105105 (b) "General fee" means the same as that term is defined in Section 10-6-134.3.
106106 50
107107 (2)(a) Except as provided in Subsection (2)(b), a city may not impose a general fee for
108108 51
109109 broadband.
110110 52
111111 (b)(i) Subject to Subsection (2)(b)(ii), a city that, before May 7, 2025, imposes a
112112 53
113113 general fee for broadband shall repeal the general fee no later than July 1, 2027.
114114 54
115115 (ii)(A) A city that, before May 7, 2025, issues a bond secured by revenue from a
116116 55
117117 general fee for broadband shall repeal the general fee within 60 days after the
118118 56
119119 bond is paid.
120120 57
121121 (B) A city that, before May 7, 2025, imposes a general fee to pay for a bond the
122122 58
123123 city issued before January 1, 2025, to pay for broadband shall repeal the
124124 59
125125 general fee within 60 days after the bond is paid.
126126 60
127127 (3) Subject to the other provisions of this section, a municipality may not levy or collect a
128128 61
129129 telecommunications tax or fee on a person except for a telecommunications tax or fee
130130 62
131131 imposed by the municipality:
132-- 2 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
132+- 2 - 03-04 10:20 1st Sub. (Buff) H.B. 454
133133 63
134134 (a) on a telecommunications provider to recover the management costs of the
135135 64
136136 municipality caused by the activities of the telecommunications provider in the
137137 65
138138 right-of-way of a municipality if the telecommunications tax or fee:
139139 66
140140 (i) is imposed in accordance with Section 72-7-102; and
141141 67
142142 (ii) is not related to:
143143 68
144144 (A) a municipality's loss of use of a highway as a result of the activities of the
145145 69
146146 telecommunications provider in a right-of-way; or
147147 70
148148 (B) increased deterioration of a highway as a result of the activities of the
149149 71
150150 telecommunications provider in a right-of-way; or
151151 72
152152 (b) on a person that:
153153 73
154154 (i) is not subject to a municipal telecommunications license tax under this part; and
155155 74
156156 (ii) locates telecommunications facilities, as defined in Section 72-7-108, in the
157157 75
158158 municipality.
159159 76
160160 [(2)] (4) Subsection [(1)(a)] (3)(a) may not be interpreted as exempting a
161161 77
162162 telecommunications provider from complying with any ordinance:
163163 78
164164 (a) related to excavation, construction, or installation of a telecommunications facility;
165165 79
166166 and
167167 80
168168 (b) that addresses the safety and quality standards of the municipality for excavation,
169169 81
170170 construction, or installation.
171171 82
172172 [(3)] (5) A telecommunications tax or fee imposed under Subsection [(1)(b)] (3)(b) shall be
173173 83
174174 imposed:
175175 84
176176 (a) by ordinance; and
177177 85
178178 (b) on a competitively neutral basis.
179179 86
180180 Section 2. Section 10-5-133 is enacted to read:
181181 87
182182 10-5-133 . General fee for public safety service prohibited -- Exception.
183183 88
184184 (1) As used in this section:
185185 89
186186 (a)(i) "General fee" means a fee imposed generally on the public at large or on a
187187 90
188188 segment of the public.
189189 91
190190 (ii) "General fee" does not include:
191191 92
192192 (A) a fee that a town charges an identifiable user of a town-provided service or a
193193 93
194194 town facility to cover the town's cost of the user's use of the service or facility;
195195 94
196196 or
197197 95
198198 (B) a registration or similar fee that a town charges a participant in an activity or
199199 96
200200 program sponsored by the town to offset the town's administrative cost of
201-- 3 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
201+- 3 - 1st Sub. (Buff) H.B. 454 03-04 10:20
202202 97
203203 sponsoring the activity or program.
204204 98
205205 (b) "Public safety service" means law enforcement service, fire protection service,
206206 99
207207 ambulance or paramedic service, or emergency service.
208208 100
209209 (2) Except as provided in Subsection (3), a town may not impose a general fee for a public
210210 101
211211 safety service.
212212 102
213213 (3) A town may impose a general fee for a public safety service if:
214214 103
215215 (a)(i) the fee is imposed before January 1, 2025;
216216 104
217217 (ii) the fee is to generate revenue to pay for the town's obligation under an agreement
218218 105
219219 with one or more other political subdivisions for a public safety service provided
220220 106
221221 to the town; and
222222 107
223223 (iii) after January 1, 2025, the fee is reauthorized by a vote of the town council at
224224 108
225225 least every three years; or
226226 109
227227 (b) the public safety service is volunteer public safety service.
228228 110
229229 (4) A town that, before May 7, 2025, imposes a general fee for a public safety service that
230230 111
231231 is prohibited under Subsection (2) shall repeal the general fee no later than July 1, 2027.
232232 112
233233 Section 3. Section 10-5-134 is enacted to read:
234234 113
235235 10-5-134 . Transportation utility fee.
236236 114
237237 (1) As used in this section:
238238 115
239239 (a) "Religious organization" means the same as that term is defined in Section
240240 116
241241 10-6-134.5.
242242 117
243243 (b) "Transportation facility" means any of the items listed in Subsection 59-12-2212.2(1)
244244 118
245245 as purposes for which revenue from a local option sales and use tax under Section
246246 119
247247 59-12-2212.2 may be expended.
248248 120
249-(c) "Transportation fund" means a fund described in and established under Subsection
249+(c) "Transportation fund" means a fund described in and established under Subsection (8).
250250 121
251-(8).
251+(d) "Transportation utility fee" means the same as that term is defined in Section
252252 122
253-(d) "Transportation utility fee" means the same as that term is defined in Section
253+10-6-134.5.
254254 123
255+(e) "User segment" means a segment of the town's population based on a classification
256+124
257+established under Subsection (7).
258+125
259+(2)(a) A town may impose and collect a transportation utility fee:
260+126
261+(i) if the town establishes a reasonable relationship between:
262+127
263+(A) the amount of the transportation utility fee; and
264+128
265+(B) the services provided to, the benefits received by, or the need created by those
266+129
267+who pay the transportation utility fee; and
268+130
269+(ii) only as provided in this section.
270+- 4 - 03-04 10:20 1st Sub. (Buff) H.B. 454
271+131
272+(b) A town may impose a transportation utility fee to provide funding for any number of
273+132
274+transportation facilities but may not have more than a single transportation utility fee
275+133
276+in effect at a time.
277+134
278+(c)(i) A person's ownership of property within the town may not alone be a basis for
279+135
280+imposing a transportation utility fee on the person.
281+136
282+(ii) The size of a parcel of real property may not alone be a basis for the amount of a
283+137
284+transportation utility fee imposed on the owner of the parcel.
285+138
286+(3) To impose or increase a transportation utility fee, a town shall:
287+139
288+(a) conduct a study as provided in Subsection (4);
289+140
290+(b) follow the process described in Subsection (5); and
291+141
292+(c) adopt an ordinance imposing or increasing a transportation utility fee, as provided in
293+142
294+Subsection (6).
295+143
296+(4)(a) A town may not impose or increase a transportation utility fee unless the city first
297+144
298+conducts a study as described in this Subsection (4).
299+145
300+(b) A study under Subsection (4)(a) shall:
301+146
302+(i) determine and provide a reasonable estimate of the need for a new transportation
303+147
304+facility or for maintaining, operating, repairing, upgrading, or replacing an
305+148
306+existing transportation facility;
307+149
308+(ii) identify and provide a reasonable estimate of existing funding sources that could
309+150
310+be used to pay for a new transportation facility or for maintaining, operating,
311+151
312+repairing, upgrading, or replacing an existing transportation facility;
313+152
314+(iii) explain and provide a reasonable calculation showing how existing town funding
315+153
316+sources are inadequate to cover the cost of constructing a new transportation
317+154
318+facility or maintaining, operating, repairing, upgrading, or replacing an existing
319+155
320+transportation facility;
321+156
322+(iv) determine whether the proposed transportation utility fee is reasonably related to:
323+157
324+(A) the services provided to those who pay the transportation utility fee;
325+158
326+(B) the benefits received by persons who pay the transportation utility fee; or
327+159
328+(C) the need created by those who pay the transportation utility fee;
329+160
330+(v) explain the reasonable relationship determined under Subsection (4)(a)(iv); and
331+161
332+(vi) determine whether there is a reasonable basis for different rates within a
333+162
334+proposed transportation utility fee based on different levels of services provided
335+163
336+to, benefit received by, or need created by those who pay the transportation utility
337+164
338+fee, as described in Subsection (7), and, if so, explain the basis for the proposed
339+- 5 - 1st Sub. (Buff) H.B. 454 03-04 10:20
340+165
341+different rates.
342+166
343+(c) A town that conducts a study under Subsection (4)(a) shall post a copy of the study
344+167
345+on the town's website, if the town has a website.
346+168
347+(5)(a) Subject to Subsection (5)(b), before adopting an ordinance imposing or increasing
348+169
349+a transportation utility fee, the governing body shall comply with the notice and
350+170
351+public hearing requirements established in Sections 10-5-107 and 10-5-108.
352+171
353+(b)(i) The governing body of a town that proposes to impose or increase a
354+172
355+transportation utility fee shall, in addition to the notice required under Section
356+173
357+10-5-107, provide notice of the proposed fee and the public hearing:
358+174
359+(A) in a notice with the city's monthly utility bill, if the town mails or emails
360+175
361+residents a monthly utility bill; or
362+176
363+(B) through another primary means of communicating with residents, if the town
364+177
365+does not provide residents a monthly utility bill.
366+178
367+(ii) The public hearing required for a proposal to impose or increase a transportation
368+179
369+utility fee may be held in conjunction with a budget hearing under Section
370+180
371+10-5-108 but shall be separate and distinct from the budget hearing.
372+181
373+(6)(a) A transportation utility fee may be imposed or increased only by an ordinance
374+182
375+adopted by the town's governing body.
376+183
377+(b)(i) Subject to Subsection (6)(b)(ii), the governing body may adopt an ordinance
378+184
379+imposing or increasing a transportation utility fee at the same meeting in which
380+185
381+the public body adopts the town budget.
382+186
383+(ii) The governing body vote on the imposition or increase of a transportation utility
384+187
385+fee shall be separate from the governing body vote on the town budget or any
386+188
387+other item.
388+189
389+(c) The amount of a transportation utility fee for the town's population or for any user
390+190
391+segment shall be reasonably related to the services provided to, benefits received by,
392+191
393+or need created by those within the town's population or user segment who pay the
394+192
395+transportation utility fee, as determined in the study under Subsection (4).
396+193
397+(d)(i) Revenue from a transportation utility fee may not supplant existing general
398+194
399+fund appropriations that the town has budgeted for transportation facilities as of
400+195
401+the date the transportation utility fee becomes effective.
402+196
403+(ii) The limitation under Subsection (6)(d)(i) does not apply to a designated
404+197
405+transportation facilities capital or reserve account established before the effective
406+198
407+date of a transportation utility fee under this section.
408+- 6 - 03-04 10:20 1st Sub. (Buff) H.B. 454
409+199
410+(7)(a) A town shall establish different rates within a transportation utility fee for
411+200
412+different classifications of users of a transportation facility if the rates and
413+201
414+classifications have a reasonable basis.
415+202
416+(b)(i) A reasonable basis under Subsection (7)(a) may include:
417+203
418+(A) different levels of benefit received by users of a transportation utility fee;
419+204
420+(B) different impacts on or usage of transportation facilities by those who pay the
421+205
422+transportation utility fee;
423+206
424+(C) a difference in the cost of providing a transportation facility to different
425+207
426+classifications of users;
427+208
428+(D) a difference in levels of risk to the operation of a transportation facility for
429+209
430+different classifications of users;
431+210
432+(E) except as provided in Subsection (7)(c)(iii), differing contributions that
433+211
434+different classifications of users make, separate from a transportation utility
435+212
436+fee, to the cost of constructing, maintaining, or operating a transportation
437+213
438+facility; and
439+214
440+(F) distinguishable differences in the needs or conditions of different
441+215
442+classifications of users based on economic, public policy, or other identifiable
443+216
444+elements.
445+217
446+(ii) A reasonable basis under Subsection (7)(a) does not include:
447+218
448+(A) whether a user resides inside or outside the town boundary; or
449+219
450+(B) a consideration of the age of development within areas with the same zoning
451+220
452+designation.
453+221
454+(iii) Subsection (7)(b)(i)(E) may not be construed to result in, or require, a higher fee
455+222
456+with respect to property owned or operated by a nonprofit organization that:
457+223
458+(A) is or has been exempt historically from taxes used to pay for transportation
459+224
460+facilities; or
461+225
462+(B) owns or operates other properties in the town that are or have been exempt
463+226
464+from transportation utility fees.
465+227
466+(c)(i) A town shall exempt property owned by a religious organization from a fee
467+228
468+established under this section if the property meets the requirements of Section
469+229
470+10-5-135.
471+230
472+(ii) An exemption under Subsection (7)(c)(i) is for transportation utility fees only and
473+231
474+creates no precedent or expectation that a religious organization, or property
475+232
476+owned by a religious organization, be exempt from other user or utility fees
477+- 7 - 1st Sub. (Buff) H.B. 454 03-04 10:20
478+233
479+imposed by the town.
480+234
481+(8)(a) A town that imposes a transportation utility fee shall establish a fund as provided
482+235
483+in this Subsection (8).
484+236
485+(b) A town shall deposit into the transportation fund all revenue from a transportation
486+237
487+utility fee.
488+238
489+(c) A town may not:
490+239
491+(i) deposit into or commingle with a transportation fund any money from any other
492+240
493+source; or
494+241
495+(ii) use money in a transportation fund for any purpose other than to pay for the cost
496+242
497+of:
498+243
499+(A) the development or construction of a new transportation facility;
500+244
501+(B) upgrading or replacing an existing transportation facility;
502+245
503+(C) the maintenance, operation, or repair of an existing transportation facility; or
504+246
505+(D) reasonable administrative costs associated with the transportation fund or with
506+247
507+activities described in Subsections (8)(c)(ii)(A), (B), and (C).
508+248
509+(d) Notwithstanding any other provision in this chapter, a town may not transfer money
510+249
511+into a transportation fund to any other fund or to a separate account.
512+250
513+(9) A town that imposes a transportation utility fee may charge the fee to a user annually or
514+251
515+monthly.
516+252
517+(10)(a) A town that imposes a transportation utility fee shall conduct an annual review of
518+253
519+the transportation utility fee as provided in this Subsection (10) and prepare a written
520+254
521+report of the annual review.
522+255
523+(b) In an annual review under Subsection 10, the governing body shall:
524+256
525+(i) review the balance of the transportation fund;
526+257
527+(ii) review the current amount of the transportation utility fee;
528+258
529+(iii) demonstrate that there is still a reasonable relationship between the amount of the
530+259
531+transportation utility fee and the transportation services provided to, benefits
532+260
533+received by, or need created by those who pay the fee;
534+261
535+(iv) consider other possible revenue sources that the town could use for transportation
536+262
537+facilities instead of a transportation utility fee;
538+263
539+(v) ensure that Subsection (6)(d) is being complied with; and
540+264
541+(vi) demonstrate that revenue from the transportation utility fee continues to be
542+265
543+needed to provide a transportation facility that the town could not otherwise
544+266
545+provide from other existing revenue sources.
546+- 8 - 03-04 10:20 1st Sub. (Buff) H.B. 454
547+267
548+(c)(i) A town shall submit a copy of the written report under Subsection (10)(a) to the
549+268
550+state auditor.
551+269
552+(ii) A town may fulfill the requirement of Subsection (10)(c)(i) by submitting the
553+270
554+written report as part of the town's annual financial reports submitted to the state
555+271
556+auditor under Section 10-6-150.
557+272
558+(11)(a) A transportation utility fee imposed under this section expires 10 years after the
559+273
560+effective date of the ordinance imposing the transportation utility fee.
561+274
562+(b) The 10-year period described in Subsection (11)(a) begins again with any subsequent
563+275
564+adoption of any ordinance imposing a transportation utility fee after the initial
565+276
566+adoption of an ordinance imposing a transportation utility fee.
567+277
568+(12) An ordinance imposing a transportation utility fee is subject to local referendum as
569+278
570+provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures.
571+279
572+(13) A town that, before May 7, 2025, imposes a fee to pay for a transportation facility
573+280
574+shall, no later than July 1, 2027:
575+281
576+(a) ensure that requirements of this section have been complied with for the fee that the
577+282
578+town imposes; or
579+283
580+(b) repeal the fee.
581+284
582+Section 4. Section 10-5-135 is enacted to read:
583+285
584+10-5-135 . Exempt property owned by a religious organization.
585+286
586+(1) As used in this section:
587+287
588+(a) "Transportation utility fee" means the same as that term is defined in Section
589+288
255590 10-6-134.5.
256-124
257-(e) "User segment" means a segment of the town's population based on a classification
258-125
591+289
592+(b) "Religious organization" means the same as that term is defined in Section
593+290
594+10-6-134.5.
595+291
596+(2) A town may not impose or charge a transportation utility fee for a property owned by a
597+292
598+religious organization if:
599+293
600+(a) the property is used to:
601+294
602+(i) hold or carry out religious worship, practices, rites, ceremonies, gatherings or
603+295
604+meetings on a regular basis, whether or not such property is used for other
605+296
606+purposes;
607+297
608+(ii) administer or oversee directly the operations, activities, or finances, of the
609+298
610+religious organization;
611+299
612+(iii) promulgate directly or support the advancement of the beliefs and practices of
613+300
614+the religious organization; or
615+- 9 - 1st Sub. (Buff) H.B. 454 03-04 10:20
616+301
617+(iv) produce, provide or distribute welfare or humanitarian aid consistent with the
618+302
619+tenets of the religious organization; and
620+303
621+(b) the property is exempt from taxation under Section 59-2-1101(1)(d).
622+304
623+(3) A town may impose and charge a transportation utility fee for a property owned by a
624+305
625+religious organization if the property is:
626+306
627+(a) a cemetery;
628+307
629+(b) held primarily for natural resource purposes, including water, coal, oil, or gas;
630+308
631+(c) a facility operated primarily for the receipt of second-hand donations and retail sales;
632+309
633+(d) an agricultural farm leased to a third-party that is not a religious organization;
634+310
635+(e) a historic property, unless the historic property currently is, or ever has been listed on
636+311
637+a register of historic places or similar register at the city, county, state, or national
638+312
639+level;
640+313
641+(f) a warehouse held primarily for commercial or industrial purposes;
642+314
643+(g) a motion picture studio;
644+315
645+(h) a stadium for outdoor athletic events;
646+316
647+(i) a recreational property held primarily for youth conferences and events,
648+317
649+(j) a residential development,
650+318
651+(k) a commercial office building that is primarily leased for investment purposes;
652+319
653+(l) a home, apartment, or condominium building, unless the home, apartment, or
654+320
655+condominium building is primarily used as a residence for an ecclesiastical leader,
656+321
657+officer, manager, or volunteer who is employed, engaged by or serves the religious
658+322
659+organization;
660+323
661+(m) a stand-alone distribution center of religious materials;
662+324
663+(n) stand-alone central utilities plant; or
664+325
665+(o) a parcel of vacant, unimproved land.
666+326
667+Section 5. Section 10-6-134.3 is enacted to read:
668+327
669+10-6-134.3 . General fee for public safety service prohibited -- Exception.
670+328
671+(1) As used in this section:
672+329
673+(a)(i) "General fee" means a fee imposed generally on the public at large or on a
674+330
675+segment of the public.
676+331
677+(ii) "General fee" does not include:
678+332
679+(A) a fee that a city charges an identifiable user of a city-provided service or a city
680+333
681+facility to cover the city's cost of the user's use of the service or facility; or
682+334
683+(B) a registration or similar fee that a city charges a participant in an activity or
684+- 10 - 03-04 10:20 1st Sub. (Buff) H.B. 454
685+335
686+program sponsored by the city to offset the city's administrative cost of
687+336
688+sponsoring the activity or program.
689+337
690+(b) "Public safety service" means law enforcement service, fire protection service,
691+338
692+ambulance or paramedic service, or emergency service.
693+339
694+(2) Except as provided in Subsection (3), a city may not impose a general fee for a public
695+340
696+safety service.
697+341
698+(3) A city of the third, fourth, or fifth class may impose a general fee for a public safety
699+342
700+service if:
701+343
702+(a)(i) the fee is imposed before January 1, 2025;
703+344
704+(ii) the fee is to generate revenue to pay for the city's obligation under an agreement
705+345
706+with one or more other political subdivisions for a public safety service provided
707+346
708+to the city; and
709+347
710+(iii) after January 1, 2025, the fee is reauthorized by a vote of the city council at least
711+348
712+every three years; or
713+349
714+(b) the public safety service is volunteer public safety service.
715+350
716+(4) A city that, before May 7, 2025, imposes a general fee for a public safety service that is
717+351
718+prohibited under Subsection (2) shall repeal the general fee no later than July 1, 2027.
719+352
720+Section 6. Section 10-6-134.5 is enacted to read:
721+353
722+10-6-134.5 . Transportation utility fee.
723+354
724+(1) As used in this section:
725+355
726+(a) "Religious organization" means a group, mission, order, convention, church with
727+356
728+nonprofit status, or any organization described in 26 U.S.C. Sec. 6033(a)(3)(A)(i) or
729+357
730+(iii).
731+358
732+(b) "Transportation facility" means any of the items listed in Subsection 59-12-2212.2(1)
733+359
734+as purposes for which revenue from a local option sales and use tax under Section
735+360
736+59-12-2212.2 may be expended.
737+361
738+(c) "Transportation fund" means a fund described in and established under Subsection (8).
739+362
740+(d) "Transportation utility fee" means a fee imposed to generate revenue to pay for costs
741+363
742+associated with developing, constructing, maintaining, operating, repairing,
743+364
744+upgrading, or replacing a transportation facility.
745+365
746+(e) "User segment" means a segment of the city's population based on a classification
747+366
259748 established under Subsection (7).
260-126
261-(2)(a) A town may impose and collect a transportation utility fee:
262-127
263-(i) if the town establishes a reasonable relationship between:
264-128
749+367
750+(2)(a) A city may impose and collect a transportation utility fee:
751+368
752+(i) if the city establishes a reasonable relationship between:
753+- 11 - 1st Sub. (Buff) H.B. 454 03-04 10:20
754+369
265755 (A) the amount of the transportation utility fee; and
266-129
756+370
267757 (B) the services provided to, the benefits received by, or the need created by those
268-130
758+371
269759 who pay the transportation utility fee; and
270-- 4 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
271-131
760+372
272761 (ii) only as provided in this section.
273-132
274-(b) A town may impose a transportation utility fee to provide funding for any number of
275-133
762+373
763+(b) A city may impose a transportation utility fee to provide funding for any number of
764+374
276765 transportation facilities but may not have more than a single transportation utility fee
277-134
766+375
278767 in effect at a time.
279-135
280-(c)(i) A person's ownership of property within the town may not alone be a basis for
281-136
768+376
769+(c)(i) A person's ownership of property within the city may not alone be a basis for
770+377
282771 imposing a transportation utility fee on the person.
283-137
772+378
284773 (ii) The size of a parcel of real property may not alone be a basis for the amount of a
285-138
774+379
286775 transportation utility fee imposed on the owner of the parcel.
287-139
288-(3) To impose or increase a transportation utility fee, a town shall:
289-140
776+380
777+(3) To impose or increase a transportation utility fee, a city shall:
778+381
290779 (a) conduct a study as provided in Subsection (4);
291-141
780+382
292781 (b) follow the process described in Subsection (5); and
293-142
782+383
294783 (c) adopt an ordinance imposing or increasing a transportation utility fee, as provided in
295-143
784+384
296785 Subsection (6).
297-144
298-(4)(a) A town may not impose or increase a transportation utility fee unless the city first
299-145
786+385
787+(4)(a) A city may not impose or increase a transportation utility fee unless the city first
788+386
300789 conducts a study as described in this Subsection (4).
301-146
790+387
302791 (b) A study under Subsection (4)(a) shall:
303-147
792+388
304793 (i) determine and provide a reasonable estimate of the need for a new transportation
305-148
794+389
306795 facility or for maintaining, operating, repairing, upgrading, or replacing an
307-149
796+390
308797 existing transportation facility;
309-150
798+391
310799 (ii) identify and provide a reasonable estimate of existing funding sources that could
311-151
800+392
312801 be used to pay for a new transportation facility or for maintaining, operating,
313-152
802+393
314803 repairing, upgrading, or replacing an existing transportation facility;
315-153
316-(iii) explain and provide a reasonable calculation showing how existing town funding
317-154
804+394
805+(iii) explain and provide a reasonable calculation showing how existing city funding
806+395
318807 sources are inadequate to cover the cost of constructing a new transportation
319-155
808+396
320809 facility or maintaining, operating, repairing, upgrading, or replacing an existing
321-156
810+397
322811 transportation facility;
323-157
812+398
324813 (iv) determine whether the proposed transportation utility fee is reasonably related to:
325-158
814+399
326815 (A) the services provided to those who pay the transportation utility fee;
327-159
816+400
328817 (B) the benefits received by persons who pay the transportation utility fee; or
329-160
818+401
330819 (C) the need created by those who pay the transportation utility fee;
331-161
820+402
332821 (v) explain the reasonable relationship determined under Subsection (4)(a)(iv); and
333-162
822+- 12 - 03-04 10:20 1st Sub. (Buff) H.B. 454
823+403
334824 (vi) determine whether there is a reasonable basis for different rates within a
335-163
825+404
336826 proposed transportation utility fee based on different levels of services provided
337-164
827+405
338828 to, benefit received by, or need created by those who pay the transportation utility
339-- 5 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
340-165
829+406
341830 fee, as described in Subsection (7), and, if so, explain the basis for the proposed
342-166
831+407
343832 different rates.
344-167
345-(c) A town that conducts a study under Subsection (4)(a) shall post a copy of the study
346-168
347-on the town's website, if the town has a website.
348-169
833+408
834+(c) A city that conducts a study under Subsection (4)(a) shall post a copy of the study on
835+409
836+the city's website, if the city has a website.
837+410
349838 (5)(a) Subject to Subsection (5)(b), before adopting an ordinance imposing or increasing
350-170
839+411
351840 a transportation utility fee, the governing body shall comply with the notice and
352-171
353-public hearing requirements established in Sections 10-5-107 and 10-5-108.
354-172
355-(b)(i) The governing body of a town that proposes to impose or increase a
356-173
841+412
842+public hearing requirements established in Sections 10-6-113 and 10-6-114.
843+413
844+(b)(i) The governing body of a city that proposes to impose or increase a
845+414
357846 transportation utility fee shall, in addition to the notice required under Section
358-174
359-10-5-107, provide notice of the proposed fee and the public hearing:
360-175
361-(A) in a notice with the city's monthly utility bill, if the town mails or emails
362-176
847+415
848+10-6-113, provide notice of the proposed fee and the public hearing:
849+416
850+(A) in a notice with the city's monthly utility bill, if the city mails or emails
851+417
363852 residents a monthly utility bill; or
364-177
365-(B) through another primary means of communicating with residents, if the town
366-178
853+418
854+(B) through another primary means of communicating with residents, if the city
855+419
367856 does not provide residents a monthly utility bill.
368-179
857+420
369858 (ii) The public hearing required for a proposal to impose or increase a transportation
370-180
859+421
371860 utility fee may be held in conjunction with a budget hearing under Section
372-181
373-10-5-108 but shall be separate and distinct from the budget hearing.
374-182
861+422
862+10-6-114 but shall be separate and distinct from the budget hearing.
863+423
375864 (6)(a) A transportation utility fee may be imposed or increased only by an ordinance
376-183
377-adopted by the town's governing body.
378-184
865+424
866+adopted by the city's governing body.
867+425
379868 (b)(i) Subject to Subsection (6)(b)(ii), the governing body may adopt an ordinance
380-185
869+426
381870 imposing or increasing a transportation utility fee at the same meeting in which
382-186
383-the public body adopts the town budget.
384-187
871+427
872+the public body adopts the city budget.
873+428
385874 (ii) The governing body vote on the imposition or increase of a transportation utility
386-188
387-fee shall be separate from the governing body vote on the town budget or any
388-189
389-other item.
390-190
391-(c) The amount of a transportation utility fee for the town's population or for any user
392-191
875+429
876+fee shall be separate from the governing body vote on the city budget or any other
877+430
878+item.
879+431
880+(c) The amount of a transportation utility fee for the city's population or for any user
881+432
393882 segment shall be reasonably related to the services provided to, benefits received by,
394-192
395-or need created by those within the town's population or user segment who pay the
396-193
883+433
884+or need created by those within the city's population or user segment who pay the
885+434
397886 transportation utility fee, as determined in the study under Subsection (4).
398-194
887+435
399888 (d)(i) Revenue from a transportation utility fee may not supplant existing general
400-195
401-fund appropriations that the town has budgeted for transportation facilities as of
402-196
403-the date the transportation utility fee becomes effective.
404-197
889+436
890+fund appropriations that the city has budgeted for transportation facilities as of the
891+- 13 - 1st Sub. (Buff) H.B. 454 03-04 10:20
892+437
893+date the transportation utility fee becomes effective.
894+438
405895 (ii) The limitation under Subsection (6)(d)(i) does not apply to a designated
406-198
896+439
407897 transportation facilities capital or reserve account established before the effective
408-- 6 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
409-199
898+440
410899 date of a transportation utility fee under this section.
411-200
412-(7)(a) A town shall establish different rates within a transportation utility fee for
413-201
414-different classifications of users of a transportation facility if the rates and
415-202
416-classifications have a reasonable basis.
417-203
900+441
901+(7)(a) A city shall establish different rates within a transportation utility fee for different
902+442
903+classifications of users of a transportation facility if the rates and classifications have
904+443
905+a reasonable basis.
906+444
418907 (b)(i) A reasonable basis under Subsection (7)(a) may include:
419-204
908+445
420909 (A) different levels of benefit received by users of a transportation utility fee;
421-205
910+446
422911 (B) different impacts on or usage of transportation facilities by those who pay the
423-206
912+447
424913 transportation utility fee;
425-207
914+448
426915 (C) a difference in the cost of providing a transportation facility to different
427-208
916+449
428917 classifications of users;
429-209
918+450
430919 (D) a difference in levels of risk to the operation of a transportation facility for
431-210
920+451
432921 different classifications of users;
433-211
434-(E) except as provided in Subsection (7)(b)(iii), differing contributions that
435-212
922+452
923+(E) except as provided in Subsection (7)(c)(iii), differing contributions that
924+453
436925 different classifications of users make, separate from a transportation utility
437-213
926+454
438927 fee, to the cost of constructing, maintaining, or operating a transportation
439-214
928+455
440929 facility; and
441-215
930+456
442931 (F) distinguishable differences in the needs or conditions of different
443-216
932+457
444933 classifications of users based on economic, public policy, or other identifiable
445-217
934+458
446935 elements.
447-218
936+459
448937 (ii) A reasonable basis under Subsection (7)(a) does not include:
449-219
450-(A) whether a user resides inside or outside the town boundary; or
451-220
938+460
939+(A) whether a user resides inside or outside the city boundary; or
940+461
452941 (B) a consideration of the age of development within areas with the same zoning
453-221
942+462
454943 designation.
455-222
944+463
456945 (iii) Subsection (7)(b)(i)(E) may not be construed to result in, or require, a higher fee
457-223
946+464
458947 with respect to property owned or operated by a nonprofit organization that:
459-224
948+465
460949 (A) is or has been exempt historically from taxes used to pay for transportation
461-225
950+466
462951 facilities; or
463-226
464-(B) owns or operates other properties in the town that are or have been exempt
465-227
952+467
953+(B) owns or operates other properties in the city that are or have been exempt
954+468
466955 from transportation utility fees.
467-228
468-(c)(i) A town shall exempt property owned by a religious organization from a fee
469-229
956+469
957+(c)(i) A city shall exempt property owned by a religious organization from a fee
958+470
470959 established under this section if the property meets the requirements of Section
471-230
472-10-5-135.
473-231
960+- 14 - 03-04 10:20 1st Sub. (Buff) H.B. 454
961+471
962+10-6-143.6.
963+472
474964 (ii) An exemption under Subsection (7)(c)(i) is for transportation utility fees only and
475-232
965+473
476966 creates no precedent or expectation that a religious organization, or property
477-- 7 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
478-233
967+474
479968 owned by a religious organization, be exempt from other user or utility fees
480-234
481-imposed by the town.
482-235
483-(8)(a) A town that imposes a transportation utility fee shall establish a fund as provided
484-236
485-in this Subsection (8).
486-237
487-(b) A town shall deposit into the transportation fund all revenue from a transportation
488-238
969+475
970+imposed by the city.
971+476
972+(8)(a) A city that imposes a transportation utility fee shall establish a fund as provided in
973+477
974+this Subsection (8).
975+478
976+(b) A city shall deposit into the transportation fund all revenue from a transportation
977+479
489978 utility fee.
490-239
491-(c) A town may not:
492-240
979+480
980+(c) A city may not:
981+481
493982 (i) deposit into or commingle with a transportation fund any money from any other
494-241
983+482
495984 source; or
496-242
985+483
497986 (ii) use money in a transportation fund for any purpose other than to pay for the cost
498-243
987+484
499988 of:
500-244
989+485
501990 (A) the development or construction of a new transportation facility;
502-245
991+486
503992 (B) upgrading or replacing an existing transportation facility;
504-246
993+487
505994 (C) the maintenance, operation, or repair of an existing transportation facility; or
506-247
995+488
507996 (D) reasonable administrative costs associated with the transportation fund or with
508-248
997+489
509998 activities described in Subsections (8)(c)(ii)(A), (B), and (C).
510-249
511-(d) Notwithstanding any other provision in this chapter, a town may not transfer money
512-250
513-into a transportation fund to any other fund or to a separate account.
514-251
515-(9) A town that imposes a transportation utility fee may charge the fee to a user annually or
516-252
999+490
1000+(d) Notwithstanding Sections 10-6-124, 10-6-125, and 10-6-135.5, a city may not
1001+491
1002+transfer money into a transportation fund to any other fund or to a separate account.
1003+492
1004+(9) A city that imposes a transportation utility fee may charge the fee to a user annually or
1005+493
5171006 monthly.
518-253
519-(10)(a) A town that imposes a transportation utility fee shall conduct an annual review of
520-254
1007+494
1008+(10)(a) A city that imposes a transportation utility fee shall conduct an annual review of
1009+495
5211010 the transportation utility fee as provided in this Subsection (10) and prepare a written
522-255
1011+496
5231012 report of the annual review.
524-256
1013+497
5251014 (b) In an annual review under Subsection 10, the governing body shall:
526-257
1015+498
5271016 (i) review the balance of the transportation fund;
528-258
1017+499
5291018 (ii) review the current amount of the transportation utility fee;
530-259
1019+500
5311020 (iii) demonstrate that there is still a reasonable relationship between the amount of the
532-260
1021+501
5331022 transportation utility fee and the transportation services provided to, benefits
534-261
1023+502
5351024 received by, or need created by those who pay the fee;
536-262
537-(iv) consider other possible revenue sources that the town could use for transportation
538-263
1025+503
1026+(iv) consider other possible revenue sources that the city could use for transportation
1027+504
5391028 facilities instead of a transportation utility fee;
540-264
1029+- 15 - 1st Sub. (Buff) H.B. 454 03-04 10:20
1030+505
5411031 (v) ensure that Subsection (6)(d) is being complied with; and
542-265
1032+506
5431033 (vi) demonstrate that revenue from the transportation utility fee continues to be
544-266
545-needed to provide a transportation facility that the town could not otherwise
546-- 8 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
547-267
1034+507
1035+needed to provide a transportation facility that the city could not otherwise
1036+508
5481037 provide from other existing revenue sources.
549-268
550-(c)(i) A town shall submit a copy of the written report under Subsection (10)(a) to the
551-269
1038+509
1039+(c)(i) A city shall submit a copy of the written report under Subsection (10)(a) to the
1040+510
5521041 state auditor.
553-270
554-(ii) A town may fulfill the requirement of Subsection (10)(c)(i) by submitting the
555-271
556-written report as part of the town's annual financial reports submitted to the state
557-272
1042+511
1043+(ii) A city may fulfill the requirement of Subsection (10)(c)(i) by submitting the
1044+512
1045+written report as part of the city's annual financial reports submitted to the state
1046+513
5581047 auditor under Section 10-6-150.
559-273
1048+514
5601049 (11)(a) A transportation utility fee imposed under this section expires 10 years after the
561-274
1050+515
5621051 effective date of the ordinance imposing the transportation utility fee.
563-275
1052+516
5641053 (b) The 10-year period described in Subsection (11)(a) begins again with any subsequent
565-276
1054+517
5661055 adoption of any ordinance imposing a transportation utility fee after the initial
567-277
1056+518
5681057 adoption of an ordinance imposing a transportation utility fee.
569-278
1058+519
5701059 (12) An ordinance imposing a transportation utility fee is subject to local referendum as
571-279
1060+520
5721061 provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures.
573-280
574-(13) A town that, before May 7, 2025, imposes a fee to pay for a transportation facility
575-281
576-shall, no later than July 1, 2027:
577-282
1062+521
1063+(13) A city that, before May 7, 2025, imposes a fee to pay for a transportation facility shall,
1064+522
1065+no later than July 1, 2027:
1066+523
5781067 (a) ensure that requirements of this section have been complied with for the fee that the
579-283
580-town imposes; or
581-284
1068+524
1069+city imposes; or
1070+525
5821071 (b) repeal the fee.
583-285
584-Section 4. Section 10-5-135 is enacted to read:
585-286
586-10-5-135 . Exempt property owned by a religious organization.
587-287
1072+526
1073+Section 7. Section 10-6-134.6 is enacted to read:
1074+527
1075+10-6-134.6 . Exempt property owned by a religious organization.
1076+528
5881077 (1) As used in this section:
589-288
1078+529
5901079 (a) "Transportation utility fee" means the same as that term is defined in Section
591-289
1080+530
5921081 10-6-134.5.
593-290
1082+531
5941083 (b) "Religious organization" means the same as that term is defined in Section
595-291
596-10-6-134.5.
597-292
598-(2) A town may not impose or charge a transportation utility fee for a property owned by a
599-293
600-religious organization if:
601-294
602-(a) the property is used to:
603-295
604-(i) hold or carry out religious worship, practices, rites, ceremonies, gatherings, or
605-296
606-meetings on a regular basis, whether or not such property is used for other
607-297
608-purposes;
609-298
610-(ii) administer or oversee directly the operations, activities, or finances, of the
611-299
612-religious organization;
613-300
614-(iii) promulgate directly or support the advancement of the beliefs and practices of
615-- 9 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
616-301
617-the religious organization; or
618-302
619-(iv) produce, provide, or distribute welfare or humanitarian aid consistent with the
620-303
621-tenets of the religious organization; and
622-304
623-(b) the property is exempt from taxation under Subsection 59-2-1101(1)(d).
624-305
625-(3) A town may impose and charge a transportation utility fee for a property owned by a
626-306
627-religious organization if the property is:
628-307
629-(a) a cemetery;
630-308
631-(b) held primarily for natural resource purposes, including water, coal, oil, or gas;
632-309
633-(c) a facility operated primarily for the receipt of second-hand donations and retail sales;
634-310
635-(d) an agricultural farm leased to a third-party that is not a religious organization;
636-311
637-(e) a historic property, unless the historic property currently is, or ever has been listed on
638-312
639-a register of historic places or similar register at the city, county, state, or national
640-313
641-level;
642-314
643-(f) a warehouse held primarily for commercial or industrial purposes;
644-315
645-(g) a motion picture studio;
646-316
647-(h) a stadium for outdoor athletic events;
648-317
649-(i) a recreational property held primarily for youth conferences and events;
650-318
651-(j) a residential development;
652-319
653-(k) a commercial office building that is primarily leased for investment purposes;
654-320
655-(l) a home, apartment, or condominium building, unless the home, apartment, or
656-321
657-condominium building is primarily used as a residence for an ecclesiastical leader,
658-322
659-officer, manager, or volunteer who is employed, engaged by, or serves the religious
660-323
661-organization;
662-324
663-(m) a stand-alone distribution center of religious materials;
664-325
665-(n) stand-alone central utilities plant; or
666-326
667-(o) a parcel of vacant, unimproved land.
668-327
669-Section 5. Section 10-6-134.3 is enacted to read:
670-328
671-10-6-134.3 . General fee for public safety service prohibited -- Exception.
672-329
673-(1) As used in this section:
674-330
675-(a)(i) "General fee" means a fee imposed generally on the public at large or on a
676-331
677-segment of the public.
678-332
679-(ii) "General fee" does not include:
680-333
681-(A) a fee that a city charges an identifiable user of a city-provided service or a city
682-334
683-facility to cover the city's cost of the user's use of the service or facility; or
684-- 10 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
685-335
686-(B) a registration or similar fee that a city charges a participant in an activity or
687-336
688-program sponsored by the city to offset the city's administrative cost of
689-337
690-sponsoring the activity or program.
691-338
692-(b) "Public safety service" means law enforcement service, fire protection service,
693-339
694-ambulance or paramedic service, or emergency service.
695-340
696-(2) Except as provided in Subsection (3), a city may not impose a general fee for a public
697-341
698-safety service.
699-342
700-(3) A city of the third, fourth, or fifth class may impose a general fee for a public safety
701-343
702-service if:
703-344
704-(a)(i) the fee is imposed before January 1, 2025;
705-345
706-(ii) the fee is to generate revenue to pay for the city's obligation under an agreement
707-346
708-with one or more other political subdivisions for a public safety service provided
709-347
710-to the city; and
711-348
712-(iii) after January 1, 2025, the fee is reauthorized by a vote of the city council at least
713-349
714-every three years; or
715-350
716-(b) the public safety service is volunteer public safety service.
717-351
718-(4) A city that, before May 7, 2025, imposes a general fee for a public safety service that is
719-352
720-prohibited under Subsection (2) shall repeal the general fee no later than July 1, 2027.
721-353
722-Section 6. Section 10-6-134.5 is enacted to read:
723-354
724-10-6-134.5 . Transportation utility fee.
725-355
726-(1) As used in this section:
727-356
728-(a) "Religious organization" means a group, mission, order, convention, church with
729-357
730-nonprofit status, or any organization described in 26 U.S.C. Sec. 6033(a)(3)(A)(i) or
731-358
732-(iii).
733-359
734-(b) "Transportation facility" means any of the items listed in Subsection 59-12-2212.2(1)
735-360
736-as purposes for which revenue from a local option sales and use tax under Section
737-361
738-59-12-2212.2 may be expended.
739-362
740-(c) "Transportation fund" means a fund described in and established under Subsection
741-363
742-(8).
743-364
744-(d) "Transportation utility fee" means a fee imposed to generate revenue to pay for costs
745-365
746-associated with developing, constructing, maintaining, operating, repairing,
747-366
748-upgrading, or replacing a transportation facility.
749-367
750-(e) "User segment" means a segment of the city's population based on a classification
751-368
752-established under Subsection (7).
753-- 11 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
754-369
755-(2)(a) A city may impose and collect a transportation utility fee:
756-370
757-(i) if the city establishes a reasonable relationship between:
758-371
759-(A) the amount of the transportation utility fee; and
760-372
761-(B) the services provided to, the benefits received by, or the need created by those
762-373
763-who pay the transportation utility fee; and
764-374
765-(ii) only as provided in this section.
766-375
767-(b) A city may impose a transportation utility fee to provide funding for any number of
768-376
769-transportation facilities but may not have more than a single transportation utility fee
770-377
771-in effect at a time.
772-378
773-(c)(i) A person's ownership of property within the city may not alone be a basis for
774-379
775-imposing a transportation utility fee on the person.
776-380
777-(ii) The size of a parcel of real property may not alone be a basis for the amount of a
778-381
779-transportation utility fee imposed on the owner of the parcel.
780-382
781-(3) To impose or increase a transportation utility fee, a city shall:
782-383
783-(a) conduct a study as provided in Subsection (4);
784-384
785-(b) follow the process described in Subsection (5); and
786-385
787-(c) adopt an ordinance imposing or increasing a transportation utility fee, as provided in
788-386
789-Subsection (6).
790-387
791-(4)(a) A city may not impose or increase a transportation utility fee unless the city first
792-388
793-conducts a study as described in this Subsection (4).
794-389
795-(b) A study under Subsection (4)(a) shall:
796-390
797-(i) determine and provide a reasonable estimate of the need for a new transportation
798-391
799-facility or for maintaining, operating, repairing, upgrading, or replacing an
800-392
801-existing transportation facility;
802-393
803-(ii) identify and provide a reasonable estimate of existing funding sources that could
804-394
805-be used to pay for a new transportation facility or for maintaining, operating,
806-395
807-repairing, upgrading, or replacing an existing transportation facility;
808-396
809-(iii) explain and provide a reasonable calculation showing how existing city funding
810-397
811-sources are inadequate to cover the cost of constructing a new transportation
812-398
813-facility or maintaining, operating, repairing, upgrading, or replacing an existing
814-399
815-transportation facility;
816-400
817-(iv) determine whether the proposed transportation utility fee is reasonably related to:
818-401
819-(A) the services provided to those who pay the transportation utility fee;
820-402
821-(B) the benefits received by persons who pay the transportation utility fee; or
822-- 12 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
823-403
824-(C) the need created by those who pay the transportation utility fee;
825-404
826-(v) explain the reasonable relationship determined under Subsection (4)(a)(iv); and
827-405
828-(vi) determine whether there is a reasonable basis for different rates within a
829-406
830-proposed transportation utility fee based on different levels of services provided
831-407
832-to, benefit received by, or need created by those who pay the transportation utility
833-408
834-fee, as described in Subsection (7), and, if so, explain the basis for the proposed
835-409
836-different rates.
837-410
838-(c) A city that conducts a study under Subsection (4)(a) shall post a copy of the study on
839-411
840-the city's website, if the city has a website.
841-412
842-(5)(a) Subject to Subsection (5)(b), before adopting an ordinance imposing or increasing
843-413
844-a transportation utility fee, the governing body shall comply with the notice and
845-414
846-public hearing requirements established in Sections 10-6-113 and 10-6-114.
847-415
848-(b)(i) The governing body of a city that proposes to impose or increase a
849-416
850-transportation utility fee shall, in addition to the notice required under Section
851-417
852-10-6-113, provide notice of the proposed fee and the public hearing:
853-418
854-(A) in a notice with the city's monthly utility bill, if the city mails or emails
855-419
856-residents a monthly utility bill; or
857-420
858-(B) through another primary means of communicating with residents, if the city
859-421
860-does not provide residents a monthly utility bill.
861-422
862-(ii) The public hearing required for a proposal to impose or increase a transportation
863-423
864-utility fee may be held in conjunction with a budget hearing under Section
865-424
866-10-6-114 but shall be separate and distinct from the budget hearing.
867-425
868-(6)(a) A transportation utility fee may be imposed or increased only by an ordinance
869-426
870-adopted by the city's governing body.
871-427
872-(b)(i) Subject to Subsection (6)(b)(ii), the governing body may adopt an ordinance
873-428
874-imposing or increasing a transportation utility fee at the same meeting in which
875-429
876-the public body adopts the city budget.
877-430
878-(ii) The governing body vote on the imposition or increase of a transportation utility
879-431
880-fee shall be separate from the governing body vote on the city budget or any other
881-432
882-item.
883-433
884-(c) The amount of a transportation utility fee for the city's population or for any user
885-434
886-segment shall be reasonably related to the services provided to, benefits received by,
887-435
888-or need created by those within the city's population or user segment who pay the
889-436
890-transportation utility fee, as determined in the study under Subsection (4).
891-- 13 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
892-437
893-(d)(i) Revenue from a transportation utility fee may not supplant existing general
894-438
895-fund appropriations that the city has budgeted for transportation facilities as of the
896-439
897-date the transportation utility fee becomes effective.
898-440
899-(ii) The limitation under Subsection (6)(d)(i) does not apply to a designated
900-441
901-transportation facilities capital or reserve account established before the effective
902-442
903-date of a transportation utility fee under this section.
904-443
905-(7)(a) A city shall establish different rates within a transportation utility fee for different
906-444
907-classifications of users of a transportation facility if the rates and classifications have
908-445
909-a reasonable basis.
910-446
911-(b)(i) A reasonable basis under Subsection (7)(a) may include:
912-447
913-(A) different levels of benefit received by users of a transportation utility fee;
914-448
915-(B) different impacts on or usage of transportation facilities by those who pay the
916-449
917-transportation utility fee;
918-450
919-(C) a difference in the cost of providing a transportation facility to different
920-451
921-classifications of users;
922-452
923-(D) a difference in levels of risk to the operation of a transportation facility for
924-453
925-different classifications of users;
926-454
927-(E) except as provided in Subsection (7)(b)(iii), differing contributions that
928-455
929-different classifications of users make, separate from a transportation utility
930-456
931-fee, to the cost of constructing, maintaining, or operating a transportation
932-457
933-facility; and
934-458
935-(F) distinguishable differences in the needs or conditions of different
936-459
937-classifications of users based on economic, public policy, or other identifiable
938-460
939-elements.
940-461
941-(ii) A reasonable basis under Subsection (7)(a) does not include:
942-462
943-(A) whether a user resides inside or outside the city boundary; or
944-463
945-(B) a consideration of the age of development within areas with the same zoning
946-464
947-designation.
948-465
949-(iii) Subsection (7)(b)(i)(E) may not be construed to result in, or require, a higher fee
950-466
951-with respect to property owned or operated by a nonprofit organization that:
952-467
953-(A) is or has been exempt historically from taxes used to pay for transportation
954-468
955-facilities; or
956-469
957-(B) owns or operates other properties in the city that are or have been exempt
958-470
959-from transportation utility fees.
960-- 14 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
961-471
962-(c)(i) A city shall exempt property owned by a religious organization from a fee
963-472
964-established under this section if the property meets the requirements of Section
965-473
966-10-6-143.6.
967-474
968-(ii) An exemption under Subsection (7)(c)(i) is for transportation utility fees only and
969-475
970-creates no precedent or expectation that a religious organization, or property
971-476
972-owned by a religious organization, be exempt from other user or utility fees
973-477
974-imposed by the city.
975-478
976-(8)(a) A city that imposes a transportation utility fee shall establish a fund as provided in
977-479
978-this Subsection (8).
979-480
980-(b) A city shall deposit into the transportation fund all revenue from a transportation
981-481
982-utility fee.
983-482
984-(c) A city may not:
985-483
986-(i) deposit into or commingle with a transportation fund any money from any other
987-484
988-source; or
989-485
990-(ii) use money in a transportation fund for any purpose other than to pay for the cost
991-486
992-of:
993-487
994-(A) the development or construction of a new transportation facility;
995-488
996-(B) upgrading or replacing an existing transportation facility;
997-489
998-(C) the maintenance, operation, or repair of an existing transportation facility; or
999-490
1000-(D) reasonable administrative costs associated with the transportation fund or with
1001-491
1002-activities described in Subsections (8)(c)(ii)(A), (B), and (C).
1003-492
1004-(d) Notwithstanding Sections 10-6-124, 10-6-125, and 10-6-135.5, a city may not
1005-493
1006-transfer money into a transportation fund to any other fund or to a separate account.
1007-494
1008-(9) A city that imposes a transportation utility fee may charge the fee to a user annually or
1009-495
1010-monthly.
1011-496
1012-(10)(a) A city that imposes a transportation utility fee shall conduct an annual review of
1013-497
1014-the transportation utility fee as provided in this Subsection (10) and prepare a written
1015-498
1016-report of the annual review.
1017-499
1018-(b) In an annual review under Subsection (10), the governing body shall:
1019-500
1020-(i) review the balance of the transportation fund;
1021-501
1022-(ii) review the current amount of the transportation utility fee;
1023-502
1024-(iii) demonstrate that there is still a reasonable relationship between the amount of the
1025-503
1026-transportation utility fee and the transportation services provided to, benefits
1027-504
1028-received by, or need created by those who pay the fee;
1029-- 15 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1030-505
1031-(iv) consider other possible revenue sources that the city could use for transportation
1032-506
1033-facilities instead of a transportation utility fee;
1034-507
1035-(v) ensure that Subsection (6)(d) is being complied with; and
1036-508
1037-(vi) demonstrate that revenue from the transportation utility fee continues to be
1038-509
1039-needed to provide a transportation facility that the city could not otherwise
1040-510
1041-provide from other existing revenue sources.
1042-511
1043-(c)(i) A city shall submit a copy of the written report under Subsection (10)(a) to the
1044-512
1045-state auditor.
1046-513
1047-(ii) A city may fulfill the requirement of Subsection (10)(c)(i) by submitting the
1048-514
1049-written report as part of the city's annual financial reports submitted to the state
1050-515
1051-auditor under Section 10-6-150.
1052-516
1053-(11)(a) A transportation utility fee imposed under this section expires 10 years after the
1054-517
1055-effective date of the ordinance imposing the transportation utility fee.
1056-518
1057-(b) The 10-year period described in Subsection (11)(a) begins again with any subsequent
1058-519
1059-adoption of any ordinance imposing a transportation utility fee after the initial
1060-520
1061-adoption of an ordinance imposing a transportation utility fee.
1062-521
1063-(12) An ordinance imposing a transportation utility fee is subject to local referendum as
1064-522
1065-provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures.
1066-523
1067-(13) A city that, before May 7, 2025, imposes a fee to pay for a transportation facility shall,
1068-524
1069-no later than July 1, 2027:
1070-525
1071-(a) ensure that requirements of this section have been complied with for the fee that the
1072-526
1073-city imposes; or
1074-527
1075-(b) repeal the fee.
1076-528
1077-Section 7. Section 10-6-134.6 is enacted to read:
1078-529
1079-10-6-134.6 . Exempt property owned by a religious organization.
1080-530
1081-(1) As used in this section:
1082-531
1083-(a) "Transportation utility fee" means the same as that term is defined in Section
10841084 532
10851085 10-6-134.5.
10861086 533
1087+(2) A city may not impose or charge a transportation utility fee for a property owned by a
1088+534
1089+religious organization if:
1090+535
1091+(a) the property is used to:
1092+536
1093+(i) hold or carry out religious worship, practices, rites, ceremonies, gatherings or
1094+537
1095+meetings on a regular basis, whether or not such property is used for other
1096+538
1097+purposes;
1098+- 16 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1099+539
1100+(ii) administer or oversee directly the operations, activities, or finances, of the
1101+540
1102+religious organization;
1103+541
1104+(iii) promulgate directly or support the advancement of the beliefs and practices of
1105+542
1106+the religious organization; or
1107+543
1108+(iv) produce, provide or distribute welfare or humanitarian aid consistent with the
1109+544
1110+tenets of the religious organization; and
1111+545
1112+(b) the property is exempt from taxation under Section 59-2-1101(1)(d).
1113+546
1114+(3) A city may impose and charge a transportation utility fee for a property owned by a
1115+547
1116+religious organization if the property is:
1117+548
1118+(a) a cemetery;
1119+549
1120+(b) held primarily for natural resource purposes, including water, coal, oil, or gas;
1121+550
1122+(c) a facility operated primarily for the receipt of second-hand donations and retail sales;
1123+551
1124+(d) an agricultural farm leased to a third-party that is not a religious organization;
1125+552
1126+(e) a historic property, unless the historic property currently is, or ever has been listed on
1127+553
1128+a register of historic places or similar register at the city, county, state, or national
1129+554
1130+level;
1131+555
1132+(f) a warehouse held primarily for commercial or industrial purposes;
1133+556
1134+(g) a motion picture studio;
1135+557
1136+(h) a stadium for outdoor athletic events;
1137+558
1138+(i) a recreational property held primarily for youth conferences and events;
1139+559
1140+(j) a residential development;
1141+560
1142+(k) a commercial office building that is primarily leased for investment purposes;
1143+561
1144+(l) a home, apartment, or condominium building, unless the home, apartment, or
1145+562
1146+condominium building is primarily used as a residence for an ecclesiastical leader,
1147+563
1148+officer, manager, or volunteer who is employed, engaged by or serves the religious
1149+564
1150+organization;
1151+565
1152+(m) a stand-alone distribution center of religious materials;
1153+566
1154+(n) stand-alone central utilities plant; or
1155+567
1156+(o) a parcel of vacant, unimproved land.
1157+568
1158+Section 8. Section 17-36-56 is enacted to read:
1159+569
1160+17-36-56 . Transportation utility fee.
1161+570
1162+(1) As used in this section:
1163+571
1164+(a) "Religious organization" means the same as that term is defined in Section 10-6-134.5.
1165+572
1166+(b) "Transportation facility" means any of the items listed in Subsection 59-12-2212.2(1)
1167+- 17 - 1st Sub. (Buff) H.B. 454 03-04 10:20
1168+573
1169+as purposes for which revenue from a local option sales and use tax under Section
1170+574
1171+59-12-2212.2 may be expended.
1172+575
1173+(c) "Transportation fund" means a fund described in and established under Subsection (8).
1174+576
1175+(d) "Transportation utility fee" means a fee imposed to generate revenue to pay for costs
1176+577
1177+associated with developing, constructing, maintaining, operating, repairing,
1178+578
1179+upgrading, or replacing a transportation facility owned and operated by a county.
1180+579
1181+(e) "User segment" means a segment of the county's population, or a segment of the
1182+580
1183+county's industrial or commercial operations, based on a classification established
1184+581
1185+under Subsection (7).
1186+582
1187+(2)(a) A county may impose and collect a transportation utility fee:
1188+583
1189+(i) if the county establishes a reasonable relationship between:
1190+584
1191+(A) the amount of the transportation utility fee; and
1192+585
1193+(B) the services provided to, the benefits received by, or the need created by those
1194+586
1195+who pay the transportation utility fee; and
1196+587
1197+(ii) only as provided in this section.
1198+588
1199+(b) A county may impose a transportation utility fee to provide funding for any number
1200+589
1201+of transportation facilities but may not have more than a single transportation utility
1202+590
1203+fee in effect at a time.
1204+591
1205+(c)(i) A person's ownership of property on unincorporated county land may not alone
1206+592
1207+be a basis for imposing a transportation utility fee on the person.
1208+593
1209+(ii) The size of a parcel of real property may not alone be a basis for the amount of a
1210+594
1211+transportation utility fee imposed on the owner of the parcel.
1212+595
1213+(3) To impose or increase a transportation utility fee, a county shall:
1214+596
1215+(a) conduct a study as provided in Subsection (4);
1216+597
1217+(b) follow the process described in Subsection (5); and
1218+598
1219+(c) adopt an ordinance imposing or increasing a transportation utility fee, as provided in
1220+599
1221+Subsection (6).
1222+600
1223+(4)(a) A county may not impose or increase a transportation utility fee unless the county
1224+601
1225+first conducts a study as described in this Subsection (4).
1226+602
1227+(b) A study under Subsection (4)(a) shall:
1228+603
1229+(i) determine and provide a reasonable estimate of the need for a new transportation
1230+604
1231+facility or for maintaining, operating, repairing, upgrading, or replacing an
1232+605
1233+existing transportation facility;
1234+606
1235+(ii) identify and provide a reasonable estimate of existing funding sources that could
1236+- 18 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1237+607
1238+be used to pay for a new transportation facility or for maintaining, operating,
1239+608
1240+repairing, upgrading, or replacing an existing transportation facility;
1241+609
1242+(iii) explain and provide a reasonable calculation showing how existing county
1243+610
1244+funding sources are inadequate to cover the cost of constructing a new
1245+611
1246+transportation facility or maintaining, operating, repairing, upgrading, or replacing
1247+612
1248+an existing transportation facility;
1249+613
1250+(iv) determine whether the proposed transportation utility fee is reasonably related to:
1251+614
1252+(A) the services provided to those who pay the transportation utility fee;
1253+615
1254+(B) the benefits received by persons who pay the transportation utility fee; or
1255+616
1256+(C) the need created by those who pay the transportation utility fee;
1257+617
1258+(v) explain the reasonable relationship determined under Subsection (4)(a)(iv); and
1259+618
1260+(vi) determine whether there is a reasonable basis for different rates within a
1261+619
1262+proposed transportation utility fee based on different levels of services provided
1263+620
1264+to, benefit received by, or need created by those who pay the transportation utility
1265+621
1266+fee, as described in Subsection (7), and, if so, explain the basis for the proposed
1267+622
1268+different rates.
1269+623
1270+(c) A county that conducts a study under Subsection (4)(a) shall post a copy of the study
1271+624
1272+on the county's website, if the county has a website.
1273+625
1274+(5)(a) Subject to Subsection (5)(b), before adopting an ordinance imposing or increasing
1275+626
1276+a transportation utility fee, the governing body shall comply with the notice and
1277+627
1278+public hearing requirements established in Sections 17-36-11 through 17-36-13.
1279+628
1280+(b)(i) The governing body of a county that proposes to impose or increase a
1281+629
1282+transportation utility fee shall, in addition to the notice required under Section
1283+630
1284+17-36-12, provide notice of the proposed fee and the public hearing:
1285+631
1286+(A) in a notice with the county's monthly utility bill, if the county mails or emails
1287+632
1288+residents a monthly utility bill; or
1289+633
1290+(B) through another primary means of communicating, if the county does not
1291+634
1292+provide residents a monthly utility bill.
1293+635
1294+(ii) The public hearing required for a proposal to impose or increase a transportation
1295+636
1296+utility fee may be held in conjunction with a budget hearing under Section
1297+637
1298+174-36-13 but shall be separate and distinct from the budget hearing.
1299+638
1300+(6)(a) A transportation utility fee may be imposed or increased only by an ordinance
1301+639
1302+adopted by the county's governing body.
1303+640
1304+(b)(i) Subject to Subsection (6)(b)(ii), the governing body may adopt an ordinance
1305+- 19 - 1st Sub. (Buff) H.B. 454 03-04 10:20
1306+641
1307+imposing or increasing a transportation utility fee at the same meeting in which
1308+642
1309+the public body adopts the county budget.
1310+643
1311+(ii) The governing body vote on the imposition or increase of a transportation utility
1312+644
1313+fee shall be separate from the governing body vote on the county budget or any
1314+645
1315+other item.
1316+646
1317+(c) The amount of a transportation utility fee for any user segment shall be reasonably
1318+647
1319+related to the services provided to, benefits received by, or need created by the or
1320+648
1321+user segment that pays the transportation utility fee, as determined in the study under
1322+649
1323+Subsection (4).
1324+650
1325+(d)(i) Revenue from a transportation utility fee may not supplant existing general
1326+651
1327+fund appropriations that the county has budgeted for transportation facilities as of
1328+652
1329+the date the transportation utility fee becomes effective.
1330+653
1331+(ii) The limitation under Subsection (6)(d)(i) does not apply to a designated
1332+654
1333+transportation facilities capital or reserve account established before the effective
1334+655
1335+date of a transportation utility fee under this section.
1336+656
1337+(7)(a) A county shall establish different rates within a transportation utility fee for
1338+657
1339+different classifications of users of a transportation facility if the rates and
1340+658
1341+classifications have a reasonable basis.
1342+659
1343+(b) The different types of classifications of users of a transportation facility under
1344+660
1345+Subsection (7)(a) shall include, at a minimum:
1346+661
1347+(i) residential users;
1348+662
1349+(ii) commercial users;
1350+663
1351+(iii) agricultural users; and
1352+664
1353+(iv) industrial users.
1354+665
1355+(c)(i) A reasonable basis under Subsection (7)(a) may include:
1356+666
1357+(A) different levels of benefit received by users of a transportation utility fee;
1358+667
1359+(B) different impacts on or usage of transportation facilities by those who pay the
1360+668
1361+transportation utility fee;
1362+669
1363+(C) a difference in the cost of providing a transportation facility to different
1364+670
1365+classifications of users;
1366+671
1367+(D) a difference in levels of risk to the operation of a transportation facility for
1368+672
1369+different classifications of users;
1370+673
1371+(E) except as provided in Subsection (7)(c)(iii), differing contributions that
1372+674
1373+different classifications of users make, separate from a transportation utility
1374+- 20 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1375+675
1376+fee, to the cost of constructing, maintaining, or operating a transportation
1377+676
1378+facility; and
1379+677
1380+(F) distinguishable differences in the needs or conditions of different
1381+678
1382+classifications of users based on economic, public policy, or other identifiable
1383+679
1384+elements.
1385+680
1386+(ii) A reasonable basis under Subsection (7)(a) does not include:
1387+681
1388+(A) whether a user resides inside or outside the county boundary or on
1389+682
1390+unincorporated land; or
1391+683
1392+(B) a consideration of the age of development within areas with the same zoning
1393+684
1394+designation.
1395+685
1396+(iii) Subsection (7)(c)(i)(E) may not be construed to result in, or require, a higher fee
1397+686
1398+with respect to property owned or operated by a nonprofit organization that:
1399+687
1400+(A) is or has been exempt historically from taxes used to pay for transportation
1401+688
1402+facilities; or
1403+689
1404+(B) owns or operates other properties in the county that are or have been exempt
1405+690
1406+from transportation utility fees.
1407+691
1408+(d)(i) A county shall exempt property owned by a religious organization from a fee
1409+692
1410+established under this section if the property meets the requirements of Section
1411+693
1412+17-36-57.
1413+694
1414+(ii) An exemption under Subsection (7)(d)(i) is for transportation utility fees only and
1415+695
1416+creates no precedent or expectation that a religious organization, or property
1417+696
1418+owned by a religious organization, be exempt from other user or utility fees
1419+697
1420+imposed by the county.
1421+698
1422+(8)(a) A county that imposes a transportation utility fee shall establish a fund as
1423+699
1424+provided in this Subsection (8).
1425+700
1426+(b) A county shall deposit into the transportation fund all revenue from a transportation
1427+701
1428+utility fee.
1429+702
1430+(c) A county may not:
1431+703
1432+(i) deposit into or commingle with a transportation fund any money from any other
1433+704
1434+source; or
1435+705
1436+(ii) use money in a transportation fund for any purpose other than to pay for the cost
1437+706
1438+of:
1439+707
1440+(A) the development or construction of a new transportation facility;
1441+708
1442+(B) upgrading or replacing an existing transportation facility;
1443+- 21 - 1st Sub. (Buff) H.B. 454 03-04 10:20
1444+709
1445+(C) the maintenance, operation, or repair of an existing transportation facility; or
1446+710
1447+(D) reasonable administrative costs associated with the transportation fund or with
1448+711
1449+activities described in Subsections (8)(c)(ii)(A), (B), and (C).
1450+712
1451+(d) Notwithstanding any other provision of this chapter, a county may not transfer
1452+713
1453+money into a transportation fund to any other fund or to a separate account.
1454+714
1455+(9) A county that imposes a transportation utility fee may charge the fee to a user annually
1456+715
1457+or monthly.
1458+716
1459+(10)(a) A county that imposes a transportation utility fee shall conduct an annual review
1460+717
1461+of the transportation utility fee as provided in this Subsection (10) and prepare a
1462+718
1463+written report of the annual review.
1464+719
1465+(b) In an annual review under Subsection (10)(a), the governing body shall:
1466+720
1467+(i) review the balance of the transportation fund;
1468+721
1469+(ii) review the current amount of the transportation utility fee;
1470+722
1471+(iii) demonstrate that there is still a reasonable relationship between the amount of the
1472+723
1473+transportation utility fee and the transportation services provided to, benefits
1474+724
1475+received by, or need created by those who pay the fee;
1476+725
1477+(iv) consider other possible revenue sources that the county could use for
1478+726
1479+transportation facilities instead of a transportation utility fee;
1480+727
1481+(v) ensure that Subsection (6)(d) is being complied with; and
1482+728
1483+(vi) demonstrate that revenue from the transportation utility fee continues to be
1484+729
1485+needed to provide a transportation facility that the county could not otherwise
1486+730
1487+provide from other existing revenue sources.
1488+731
1489+(c)(i) A county shall submit a copy of the written report under Subsection (10)(a) to
1490+732
1491+the state auditor.
1492+733
1493+(ii) A county may fulfill the requirement of Subsection (10)(c)(i) by submitting the
1494+734
1495+written report as part of the county's annual financial reports submitted to the state
1496+735
1497+auditor under Section 10-6-150.
1498+736
1499+(11)(a) A transportation utility fee imposed under this section expires 10 years after the
1500+737
1501+effective date of the ordinance imposing the transportation utility fee.
1502+738
1503+(b) The 10-year period described in Subsection (11)(a) begins again with any subsequent
1504+739
1505+adoption of any ordinance imposing a transportation utility fee after the initial
1506+740
1507+adoption of an ordinance imposing a transportation utility fee.
1508+741
1509+(12) An ordinance imposing a transportation utility fee is subject to local referendum as
1510+742
1511+provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures.
1512+- 22 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1513+743
1514+(13) A county that, before May 7, 2025, imposes a fee to pay for a transportation facility
1515+744
1516+shall, no later than July 1, 2027:
1517+745
1518+(a) ensure that requirements of this section have been complied with for the fee that the
1519+746
1520+city imposes; or
1521+747
1522+(b) repeal the fee.
1523+748
1524+Section 9. Section 17-36-57 is enacted to read:
1525+749
1526+17-36-57 . Exempt property owned by a religious organization.
1527+750
1528+(1) As used in this section:
1529+751
1530+(a) "Transportation utility fee" means the same as that term is defined in Section
1531+752
1532+17-36-56.
1533+753
10871534 (b) "Religious organization" means the same as that term is defined in Section
1088-534
1535+754
10891536 10-6-134.5.
1090-535
1091-(2) A city may not impose or charge a transportation utility fee for a property owned by a
1092-536
1093-religious organization if:
1094-537
1537+755
1538+(2) A county may not impose or charge a transportation utility fee for a property owned by
1539+756
1540+a religious organization if:
1541+757
10951542 (a) the property is used to:
1096-538
1097-(i) hold or carry out religious worship, practices, rites, ceremonies, gatherings, or
1098-- 16 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1099-539
1100-meetings on a regular basis, whether or not such property is used for other
1101-540
1102-purposes;
1103-541
1543+758
1544+(i) hold or carry out religious worship, practices, rites, ceremonies, gatherings or
1545+759
1546+meetings on a regular basis, whether or not the property is used for other purposes;
1547+760
11041548 (ii) administer or oversee directly the operations, activities, or finances, of the
1105-542
1549+761
11061550 religious organization;
1107-543
1551+762
11081552 (iii) promulgate directly or support the advancement of the beliefs and practices of
1109-544
1553+763
11101554 the religious organization; or
1111-545
1555+764
11121556 (iv) produce, provide, or distribute welfare or humanitarian aid consistent with the
1113-546
1557+765
11141558 tenets of the religious organization; and
1115-547
1116-(b) the property is exempt from taxation under Subsection 59-2-1101(1)(d).
1117-548
1118-(3) A city may impose and charge a transportation utility fee for a property owned by a
1119-549
1559+766
1560+(b) the property is exempt from taxation under Section 59-2-1101(1)(d).
1561+767
1562+(3) A county may impose and charge a transportation utility fee for a property owned by a
1563+768
11201564 religious organization if the property is:
1121-550
1565+769
11221566 (a) a cemetery;
1123-551
1567+770
11241568 (b) held primarily for natural resource purposes, including water, coal, oil, or gas;
1125-552
1569+771
11261570 (c) a facility operated primarily for the receipt of second-hand donations and retail sales;
1127-553
1571+772
11281572 (d) an agricultural farm leased to a third-party that is not a religious organization;
1129-554
1573+773
11301574 (e) a historic property, unless the historic property currently is, or ever has been listed on
1131-555
1575+774
11321576 a register of historic places or similar register at the city, county, state, or national
1133-556
1577+775
11341578 level;
1135-557
1579+776
11361580 (f) a warehouse held primarily for commercial or industrial purposes;
1137-558
1581+- 23 - 1st Sub. (Buff) H.B. 454 03-04 10:20
1582+777
11381583 (g) a motion picture studio;
1139-559
1584+778
11401585 (h) a stadium for outdoor athletic events;
1141-560
1586+779
11421587 (i) a recreational property held primarily for youth conferences and events;
1143-561
1588+780
11441589 (j) a residential development;
1145-562
1590+781
11461591 (k) a commercial office building that is primarily leased for investment purposes;
1147-563
1592+782
11481593 (l) a home, apartment, or condominium building, unless the home, apartment, or
1149-564
1594+783
11501595 condominium building is primarily used as a residence for an ecclesiastical leader,
1151-565
1152-officer, manager, or volunteer who is employed, engaged by, or serves the religious
1153-566
1596+784
1597+officer, manager, or volunteer who is employed, engaged by or serves the religious
1598+785
11541599 organization;
1155-567
1600+786
11561601 (m) a stand-alone distribution center of religious materials;
1157-568
1602+787
11581603 (n) stand-alone central utilities plant; or
1159-569
1604+788
11601605 (o) a parcel of vacant, unimproved land.
1161-570
1162-Section 8. Section 17-36-56 is enacted to read:
1163-571
1164-17-36-56 . Transportation utility fee.
1165-572
1166-(1) As used in this section:
1167-- 17 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1168-573
1169-(a) "Religious organization" means the same as that term is defined in Section 10-6-134.5.
1170-574
1171-(b) "Transportation facility" means any of the items listed in Subsection 59-12-2212.2(1)
1172-575
1173-as purposes for which revenue from a local option sales and use tax under Section
1174-576
1175-59-12-2212.2 may be expended.
1176-577
1177-(c) "Transportation fund" means a fund described in and established under Subsection
1178-578
1179-(8).
1180-579
1181-(d) "Transportation utility fee" means a fee imposed to generate revenue to pay for costs
1182-580
1183-associated with developing, constructing, maintaining, operating, repairing,
1184-581
1185-upgrading, or replacing a transportation facility owned and operated by a county.
1186-582
1187-(e) "User segment" means a segment of the county's population, or a segment of the
1188-583
1189-county's industrial or commercial operations, based on a classification established
1190-584
1191-under Subsection (7).
1192-585
1193-(2)(a) A county may impose and collect a transportation utility fee:
1194-586
1195-(i) if the county establishes a reasonable relationship between:
1196-587
1197-(A) the amount of the transportation utility fee; and
1198-588
1199-(B) the services provided to, the benefits received by, or the need created by those
1200-589
1201-who pay the transportation utility fee; and
1202-590
1203-(ii) only as provided in this section.
1204-591
1205-(b) A county may impose a transportation utility fee to provide funding for any number
1206-592
1207-of transportation facilities but may not have more than a single transportation utility
1208-593
1209-fee in effect at a time.
1210-594
1211-(c)(i) A person's ownership of property on unincorporated county land may not alone
1212-595
1213-be a basis for imposing a transportation utility fee on the person.
1214-596
1215-(ii) The size of a parcel of real property may not alone be a basis for the amount of a
1216-597
1217-transportation utility fee imposed on the owner of the parcel.
1218-598
1219-(3) To impose or increase a transportation utility fee, a county shall:
1220-599
1221-(a) conduct a study as provided in Subsection (4);
1222-600
1223-(b) follow the process described in Subsection (5); and
1224-601
1225-(c) adopt an ordinance imposing or increasing a transportation utility fee, as provided in
1226-602
1227-Subsection (6).
1228-603
1229-(4)(a) A county may not impose or increase a transportation utility fee unless the county
1230-604
1231-first conducts a study as described in this Subsection (4).
1232-605
1233-(b) A study under Subsection (4)(a) shall:
1234-606
1235-(i) determine and provide a reasonable estimate of the need for a new transportation
1236-- 18 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1237-607
1238-facility or for maintaining, operating, repairing, upgrading, or replacing an
1239-608
1240-existing transportation facility;
1241-609
1242-(ii) identify and provide a reasonable estimate of existing funding sources that could
1243-610
1244-be used to pay for a new transportation facility or for maintaining, operating,
1245-611
1246-repairing, upgrading, or replacing an existing transportation facility;
1247-612
1248-(iii) explain and provide a reasonable calculation showing how existing county
1249-613
1250-funding sources are inadequate to cover the cost of constructing a new
1251-614
1252-transportation facility or maintaining, operating, repairing, upgrading, or replacing
1253-615
1254-an existing transportation facility;
1255-616
1256-(iv) determine whether the proposed transportation utility fee is reasonably related to:
1257-617
1258-(A) the services provided to those who pay the transportation utility fee;
1259-618
1260-(B) the benefits received by persons who pay the transportation utility fee; or
1261-619
1262-(C) the need created by those who pay the transportation utility fee;
1263-620
1264-(v) explain the reasonable relationship determined under Subsection (4)(a)(iv); and
1265-621
1266-(vi) determine whether there is a reasonable basis for different rates within a
1267-622
1268-proposed transportation utility fee based on different levels of services provided
1269-623
1270-to, benefits received by, or need created by those who pay the transportation
1271-624
1272-utility fee, as described in Subsection (7), and, if so, explain the basis for the
1273-625
1274-proposed different rates.
1275-626
1276-(c) A county that conducts a study under Subsection (4)(a) shall post a copy of the study
1277-627
1278-on the county's website, if the county has a website.
1279-628
1280-(5)(a) Subject to Subsection (5)(b), before adopting an ordinance imposing or increasing
1281-629
1282-a transportation utility fee, the governing body shall comply with the notice and
1283-630
1284-public hearing requirements established in Sections 17-36-11 through 17-36-13.
1285-631
1286-(b)(i) The governing body of a county that proposes to impose or increase a
1287-632
1288-transportation utility fee shall, in addition to the notice required under Section
1289-633
1290-17-36-12, provide notice of the proposed fee and the public hearing:
1291-634
1292-(A) in a notice with the county's monthly utility bill, if the county mails or emails
1293-635
1294-residents a monthly utility bill; or
1295-636
1296-(B) through another primary means of communicating, if the county does not
1297-637
1298-provide residents a monthly utility bill.
1299-638
1300-(ii) The public hearing required for a proposal to impose or increase a transportation
1301-639
1302-utility fee may be held in conjunction with a budget hearing under Section
1303-640
1304-17-36-13 but shall be separate and distinct from the budget hearing.
1305-- 19 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1306-641
1307-(6)(a) A transportation utility fee may be imposed or increased only by an ordinance
1308-642
1309-adopted by the county's governing body.
1310-643
1311-(b)(i) Subject to Subsection (6)(b)(ii), the governing body may adopt an ordinance
1312-644
1313-imposing or increasing a transportation utility fee at the same meeting in which
1314-645
1315-the public body adopts the county budget.
1316-646
1317-(ii) The governing body vote on the imposition or increase of a transportation utility
1318-647
1319-fee shall be separate from the governing body vote on the county budget or any
1320-648
1321-other item.
1322-649
1323-(c) The amount of a transportation utility fee for any user segment shall be reasonably
1324-650
1325-related to the services provided to, benefits received by, or need created by the user
1326-651
1327-segment that pays the transportation utility fee, as determined in the study under
1328-652
1329-Subsection (4).
1330-653
1331-(d)(i) Revenue from a transportation utility fee may not supplant existing general
1332-654
1333-fund appropriations that the county has budgeted for transportation facilities as of
1334-655
1335-the date the transportation utility fee becomes effective.
1336-656
1337-(ii) The limitation under Subsection (6)(d)(i) does not apply to a designated
1338-657
1339-transportation facilities capital or reserve account established before the effective
1340-658
1341-date of a transportation utility fee under this section.
1342-659
1343-(7)(a) A county shall establish different rates within a transportation utility fee for
1344-660
1345-different classifications of users of a transportation facility if the rates and
1346-661
1347-classifications have a reasonable basis.
1348-662
1349-(b) The different types of classifications of users of a transportation facility under
1350-663
1351-Subsection (7)(a) shall include, at a minimum:
1352-664
1353-(i) residential users;
1354-665
1355-(ii) commercial users;
1356-666
1357-(iii) agricultural users; and
1358-667
1359-(iv) industrial users.
1360-668
1361-(c)(i) A reasonable basis under Subsection (7)(a) may include:
1362-669
1363-(A) different levels of benefit received by users of a transportation utility fee;
1364-670
1365-(B) different impacts on or usage of transportation facilities by those who pay the
1366-671
1367-transportation utility fee;
1368-672
1369-(C) a difference in the cost of providing a transportation facility to different
1370-673
1371-classifications of users;
1372-674
1373-(D) a difference in levels of risk to the operation of a transportation facility for
1374-- 20 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1375-675
1376-different classifications of users;
1377-676
1378-(E) except as provided in Subsection (7)(c)(iii), differing contributions that
1379-677
1380-different classifications of users make, separate from a transportation utility
1381-678
1382-fee, to the cost of constructing, maintaining, or operating a transportation
1383-679
1384-facility; and
1385-680
1386-(F) distinguishable differences in the needs or conditions of different
1387-681
1388-classifications of users based on economic, public policy, or other identifiable
1389-682
1390-elements.
1391-683
1392-(ii) A reasonable basis under Subsection (7)(a) does not include:
1393-684
1394-(A) whether a user resides inside or outside the county boundary or on
1395-685
1396-unincorporated land; or
1397-686
1398-(B) a consideration of the age of development within areas with the same zoning
1399-687
1400-designation.
1401-688
1402-(iii) Subsection (7)(c)(i)(E) may not be construed to result in, or require, a higher fee
1403-689
1404-with respect to property owned or operated by a nonprofit organization that:
1405-690
1406-(A) is or has been exempt historically from taxes used to pay for transportation
1407-691
1408-facilities; or
1409-692
1410-(B) owns or operates other properties in the county that are or have been exempt
1411-693
1412-from transportation utility fees.
1413-694
1414-(d)(i) A county shall exempt property owned by a religious organization from a fee
1415-695
1416-established under this section if the property meets the requirements of Section
1417-696
1418-17-36-57.
1419-697
1420-(ii) An exemption under Subsection (7)(d)(i) is for transportation utility fees only and
1421-698
1422-creates no precedent or expectation that a religious organization, or property
1423-699
1424-owned by a religious organization, be exempt from other user or utility fees
1425-700
1426-imposed by the county.
1427-701
1428-(8)(a) A county that imposes a transportation utility fee shall establish a fund as
1429-702
1430-provided in this Subsection (8).
1431-703
1432-(b) A county shall deposit into the transportation fund all revenue from a transportation
1433-704
1434-utility fee.
1435-705
1436-(c) A county may not:
1437-706
1438-(i) deposit into or commingle with a transportation fund any money from any other
1439-707
1440-source; or
1441-708
1442-(ii) use money in a transportation fund for any purpose other than to pay for the cost
1443-- 21 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1444-709
1445-of:
1446-710
1447-(A) the development or construction of a new transportation facility;
1448-711
1449-(B) upgrading or replacing an existing transportation facility;
1450-712
1451-(C) the maintenance, operation, or repair of an existing transportation facility; or
1452-713
1453-(D) reasonable administrative costs associated with the transportation fund or with
1454-714
1455-activities described in Subsections (8)(c)(ii)(A), (B), and (C).
1456-715
1457-(d) Notwithstanding any other provision of this chapter, a county may not transfer
1458-716
1459-money into a transportation fund to any other fund or to a separate account.
1460-717
1461-(9) A county that imposes a transportation utility fee may charge the fee to a user annually
1462-718
1463-or monthly.
1464-719
1465-(10)(a) A county that imposes a transportation utility fee shall conduct an annual review
1466-720
1467-of the transportation utility fee as provided in this Subsection (10) and prepare a
1468-721
1469-written report of the annual review.
1470-722
1471-(b) In an annual review under Subsection (10)(a), the governing body shall:
1472-723
1473-(i) review the balance of the transportation fund;
1474-724
1475-(ii) review the current amount of the transportation utility fee;
1476-725
1477-(iii) demonstrate that there is still a reasonable relationship between the amount of the
1478-726
1479-transportation utility fee and the transportation services provided to, benefits
1480-727
1481-received by, or need created by those who pay the fee;
1482-728
1483-(iv) consider other possible revenue sources that the county could use for
1484-729
1485-transportation facilities instead of a transportation utility fee;
1486-730
1487-(v) ensure that Subsection (6)(d) is being complied with; and
1488-731
1489-(vi) demonstrate that revenue from the transportation utility fee continues to be
1490-732
1491-needed to provide a transportation facility that the county could not otherwise
1492-733
1493-provide from other existing revenue sources.
1494-734
1495-(c)(i) A county shall submit a copy of the written report under Subsection (10)(a) to
1496-735
1497-the state auditor.
1498-736
1499-(ii) A county may fulfill the requirement of Subsection (10)(c)(i) by submitting the
1500-737
1501-written report as part of the county's annual financial reports submitted to the state
1502-738
1503-auditor under Section 10-6-150.
1504-739
1505-(11)(a) A transportation utility fee imposed under this section expires 10 years after the
1506-740
1507-effective date of the ordinance imposing the transportation utility fee.
1508-741
1509-(b) The 10-year period described in Subsection (11)(a) begins again with any subsequent
1510-742
1511-adoption of any ordinance imposing a transportation utility fee after the initial
1512-- 22 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1513-743
1514-adoption of an ordinance imposing a transportation utility fee.
1515-744
1516-(12) An ordinance imposing a transportation utility fee is subject to local referendum as
1517-745
1518-provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures.
1519-746
1520-(13) A county that, before May 7, 2025, imposes a fee to pay for a transportation facility
1521-747
1522-shall, no later than July 1, 2027:
1523-748
1524-(a) ensure that requirements of this section have been complied with for the fee that the
1525-749
1526-city imposes; or
1527-750
1528-(b) repeal the fee.
1529-751
1530-Section 9. Section 17-36-57 is enacted to read:
1531-752
1532-17-36-57 . Exempt property owned by a religious organization.
1533-753
1534-(1) As used in this section:
1535-754
1536-(a) "Transportation utility fee" means the same as that term is defined in Section
1537-755
1538-17-36-56.
1539-756
1540-(b) "Religious organization" means the same as that term is defined in Section
1541-757
1542-10-6-134.5.
1543-758
1544-(2) A county may not impose or charge a transportation utility fee for a property owned by
1545-759
1546-a religious organization if:
1547-760
1548-(a) the property is used to:
1549-761
1550-(i) hold or carry out religious worship, practices, rites, ceremonies, gatherings, or
1551-762
1552-meetings on a regular basis, whether or not the property is used for other purposes;
1553-763
1554-(ii) administer or oversee directly the operations, activities, or finances, of the
1555-764
1556-religious organization;
1557-765
1558-(iii) promulgate directly or support the advancement of the beliefs and practices of
1559-766
1560-the religious organization; or
1561-767
1562-(iv) produce, provide, or distribute welfare or humanitarian aid consistent with the
1563-768
1564-tenets of the religious organization; and
1565-769
1566-(b) the property is exempt from taxation under Subsection 59-2-1101(1)(d).
1567-770
1568-(3) A county may impose and charge a transportation utility fee for a property owned by a
1569-771
1570-religious organization if the property is:
1571-772
1572-(a) a cemetery;
1573-773
1574-(b) held primarily for natural resource purposes, including water, coal, oil, or gas;
1575-774
1576-(c) a facility operated primarily for the receipt of second-hand donations and retail sales;
1577-775
1578-(d) an agricultural farm leased to a third-party that is not a religious organization;
1579-776
1580-(e) a historic property, unless the historic property currently is, or ever has been listed on
1581-- 23 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1582-777
1583-a register of historic places or similar register at the city, county, state, or national
1584-778
1585-level;
1586-779
1587-(f) a warehouse held primarily for commercial or industrial purposes;
1588-780
1589-(g) a motion picture studio;
1590-781
1591-(h) a stadium for outdoor athletic events;
1592-782
1593-(i) a recreational property held primarily for youth conferences and events;
1594-783
1595-(j) a residential development;
1596-784
1597-(k) a commercial office building that is primarily leased for investment purposes;
1598-785
1599-(l) a home, apartment, or condominium building, unless the home, apartment, or
1600-786
1601-condominium building is primarily used as a residence for an ecclesiastical leader,
1602-787
1603-officer, manager, or volunteer who is employed, engaged by, or serves the religious
1604-788
1605-organization;
16061606 789
1607-(m) a stand-alone distribution center of religious materials;
1607+Section 10. Section 20A-7-101 is amended to read:
16081608 790
1609-(n) stand-alone central utilities plant; or
1609+20A-7-101 . Definitions.
16101610 791
1611-(o) a parcel of vacant, unimproved land.
1611+ As used in this chapter:
16121612 792
1613-Section 10. Section 20A-7-101 is amended to read:
1613+(1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
16141614 793
1615-20A-7-101 . Definitions.
1615+gather signatures for the electronic initiative process, the electronic referendum process,
16161616 794
1617- As used in this chapter:
1617+or the electronic candidate qualification process.
16181618 795
1619-(1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
1619+(2) "Budget officer" means:
16201620 796
1621-gather signatures for the electronic initiative process, the electronic referendum process,
1621+(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
16221622 797
1623-or the electronic candidate qualification process.
1623+(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
16241624 798
1625-(2) "Budget officer" means:
1625+(c) for a town, the town council.
16261626 799
1627-(a) for a county, the person designated as finance officer as defined in Section 17-36-3;
1627+(3) "Certified" means that the county clerk has acknowledged a signature as being the
16281628 800
1629-(b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
1629+signature of a registered voter.
16301630 801
1631-(c) for a town, the town council.
1631+(4) "Circulation" means the process of submitting an initiative petition or a referendum
16321632 802
1633-(3) "Certified" means that the county clerk has acknowledged a signature as being the
1633+petition to legal voters for their signature.
16341634 803
1635-signature of a registered voter.
1635+(5) "Electronic initiative process" means:
16361636 804
1637-(4) "Circulation" means the process of submitting an initiative petition or a referendum
1637+(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
16381638 805
1639-petition to legal voters for their signature.
1639+and 20A-21-201, for gathering signatures; or
16401640 806
1641-(5) "Electronic initiative process" means:
1641+(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
16421642 807
1643-(a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
1643+20A-21-201, for gathering signatures.
16441644 808
1645+(6) "Electronic referendum process" means:
1646+809
1647+(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313
1648+810
16451649 and 20A-21-201, for gathering signatures; or
1646-809
1647-(b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
1648-810
1650+- 24 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1651+811
1652+(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
1653+812
16491654 20A-21-201, for gathering signatures.
1650-- 24 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1651-811
1652-(6) "Electronic referendum process" means:
1653-812
1654-(a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313
16551655 813
1656-and 20A-21-201, for gathering signatures; or
1656+(7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
16571657 814
1658-(b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
1658+town that is holding an election on a ballot proposition.
16591659 815
1660-20A-21-201, for gathering signatures.
1660+(8) "Final fiscal impact statement" means a financial statement prepared after voters
16611661 816
1662-(7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
1662+approve an initiative that contains the information required by Subsection 20A-7-202.5
16631663 817
1664-town that is holding an election on a ballot proposition.
1664+(2) or 20A-7-502.5(2).
16651665 818
1666-(8) "Final fiscal impact statement" means a financial statement prepared after voters
1666+(9) "Initial fiscal impact statement" means a financial statement prepared under Section
16671667 819
1668-approve an initiative that contains the information required by Subsection 20A-7-202.5
1668+20A-7-202.5 after the filing of a statewide initiative application.
16691669 820
1670-(2) or 20A-7-502.5(2).
1670+(10) "Initial fiscal impact and legal statement" means a financial and legal statement
16711671 821
1672-(9) "Initial fiscal impact statement" means a financial statement prepared under Section
1672+prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
16731673 822
1674-20A-7-202.5 after the filing of a statewide initiative application.
1674+referendum.
16751675 823
1676-(10) "Initial fiscal impact and legal statement" means a financial and legal statement
1676+(11) "Initiative" means a new law proposed for adoption by the public as provided in this
16771677 824
1678-prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
1678+chapter.
16791679 825
1680-referendum.
1680+(12) "Initiative application" means:
16811681 826
1682-(11) "Initiative" means a new law proposed for adoption by the public as provided in this
1682+(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
16831683 827
1684-chapter.
1684+includes all the information, statements, documents, and notarized signatures
16851685 828
1686-(12) "Initiative application" means:
1686+required under Subsection 20A-7-202(2); or
16871687 829
1688-(a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
1688+(b) for a local initiative, an application described in Subsection 20A-7-502(2) that
16891689 830
16901690 includes all the information, statements, documents, and notarized signatures
16911691 831
1692-required under Subsection 20A-7-202(2); or
1692+required under Subsection 20A-7-502(2).
16931693 832
1694-(b) for a local initiative, an application described in Subsection 20A-7-502(2) that
1694+(13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
16951695 833
1696+and the signature sheets, all of which have been bound together as a unit.
1697+834
1698+(14) "Initiative petition":
1699+835
1700+(a) as it relates to a statewide initiative, using the manual initiative process:
1701+836
1702+(i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
1703+837
1704+submission of the initiative to the Legislature or the legal voters; and
1705+838
1706+(ii) if the initiative proposes a tax increase, includes the statement described in
1707+839
1708+Subsection 20A-7-203(2)(b);
1709+840
1710+(b) as it relates to a statewide initiative, using the electronic initiative process:
1711+841
1712+(i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
1713+842
1714+submission of the initiative to the Legislature or the legal voters; and
1715+843
1716+(ii) if the initiative proposes a tax increase, includes the statement described in
1717+844
1718+Subsection 20A-7-215(5)(b);
1719+- 25 - 1st Sub. (Buff) H.B. 454 03-04 10:20
1720+845
1721+(c) as it relates to a local initiative, using the manual initiative process:
1722+846
1723+(i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
1724+847
1725+submission of the initiative to the legislative body or the legal voters; and
1726+848
1727+(ii) if the initiative proposes a tax increase, includes the statement described in
1728+849
1729+Subsection 20A-7-503(2)(b); or
1730+850
1731+(d) as it relates to a local initiative, using the electronic initiative process:
1732+851
1733+(i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
1734+852
1735+submission of the initiative to the legislative body or the legal voters; and
1736+853
1737+(ii) if the initiative proposes a tax increase, includes the statement described in
1738+854
1739+Subsection 20A-7-514(4)(a).
1740+855
1741+(15)(a) "Land use law" means a law of general applicability, enacted based on the
1742+856
1743+weighing of broad, competing policy considerations, that relates to the use of land,
1744+857
1745+including land use regulation, a general plan, a land use development code, an
1746+858
1747+annexation ordinance, the rezoning of a single property or multiple properties, or a
1748+859
1749+comprehensive zoning ordinance or resolution.
1750+860
1751+(b) "Land use law" does not include a land use decision, as defined in Section 10-9a-103
1752+861
1753+or 17-27a-103.
1754+862
1755+(16) "Legal signatures" means the number of signatures of legal voters that:
1756+863
1757+(a) meet the numerical requirements of this chapter; and
1758+864
1759+(b) have been obtained, certified, and verified as provided in this chapter.
1760+865
1761+(17) "Legal voter" means an individual who is registered to vote in Utah.
1762+866
1763+(18) "Legally referable to voters" means:
1764+867
1765+(a) for a proposed local initiative, that the proposed local initiative is legally referable to
1766+868
1767+voters under Section 20A-7-502.7; or
1768+869
1769+(b) for a proposed local referendum, that the proposed local referendum is legally
1770+870
1771+referable to voters under Section 20A-7-602.7.
1772+871
1773+(19) "Local attorney" means the county attorney, city attorney, or town attorney in whose
1774+872
1775+jurisdiction a local initiative or referendum petition is circulated.
1776+873
1777+(20) "Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction
1778+874
1779+a local initiative or referendum petition is circulated.
1780+875
1781+(21) "Local fiscal law" means a local transportation fee law.
1782+876
1783+[(21)] (22)(a) "Local law" includes:
1784+877
1785+(i) an ordinance;
1786+878
1787+(ii) a resolution;
1788+- 26 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1789+879
1790+(iii) a land use law;
1791+880
1792+(iv) a land use regulation, as defined in Section 10-9a-103; or
1793+881
1794+(v) other legislative action of a local legislative body.
1795+882
1796+(b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
1797+883
1798+[(22)] (23) "Local legislative body" means the legislative body of a county, city, or town.
1799+884
1800+[(23)] (24) "Local obligation law" means a local law passed by the local legislative body
1801+885
1802+regarding a bond that was approved by a majority of qualified voters in an election.
1803+886
1804+[(24)] (25) "Local tax law" means a law, passed by a political subdivision with an annual or
1805+887
1806+biannual calendar fiscal year, that increases a tax or imposes a new tax.
1807+888
1808+(26) "Local transportation fee law" means an ordinance adopted under Section 10-5-134,
1809+889
1810+10-6-134.5 or 17-36-56, imposing or increasing a transportation utility fee.
1811+890
1812+[(25)] (27) "Manual initiative process" means the process for gathering signatures for an
1813+891
1814+initiative using paper signature packets that a signer physically signs.
1815+892
1816+[(26)] (28) "Manual referendum process" means the process for gathering signatures for a
1817+893
1818+referendum using paper signature packets that a signer physically signs.
1819+894
1820+[(27)] (29)(a) "Measure" means a proposed constitutional amendment, an initiative, or
1821+895
1822+referendum.
1823+896
1824+(b) "Measure" does not include a ballot proposition for the creation of a new school
1825+897
1826+district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
1827+898
1828+[(28)] (30) "Presiding officers" means the president of the Senate and the speaker of the
1829+899
1830+House of Representatives.
1831+900
1832+[(29)] (31) "Referendum" means a process by which a law passed by the Legislature or by a
1833+901
1834+local legislative body is submitted or referred to the voters for their approval or rejection.
1835+902
1836+[(30)] (32) "Referendum application" means:
1837+903
1838+(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that
1839+904
16961840 includes all the information, statements, documents, and notarized signatures
1697-834
1698-required under Subsection 20A-7-502(2).
1699-835
1700-(13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
1701-836
1702-and the signature sheets, all of which have been bound together as a unit.
1703-837
1704-(14) "Initiative petition":
1705-838
1706-(a) as it relates to a statewide initiative, using the manual initiative process:
1707-839
1708-(i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
1709-840
1710-submission of the initiative to the Legislature or the legal voters; and
1711-841
1712-(ii) if the initiative proposes a tax increase, includes the statement described in
1713-842
1714-Subsection 20A-7-203(2)(b);
1715-843
1716-(b) as it relates to a statewide initiative, using the electronic initiative process:
1717-844
1718-(i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
1719-- 25 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1720-845
1721-submission of the initiative to the Legislature or the legal voters; and
1722-846
1723-(ii) if the initiative proposes a tax increase, includes the statement described in
1724-847
1725-Subsection 20A-7-215(5)(b);
1726-848
1727-(c) as it relates to a local initiative, using the manual initiative process:
1728-849
1729-(i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
1730-850
1731-submission of the initiative to the legislative body or the legal voters; and
1732-851
1733-(ii) if the initiative proposes a tax increase, includes the statement described in
1734-852
1735-Subsection 20A-7-503(2)(b); or
1736-853
1737-(d) as it relates to a local initiative, using the electronic initiative process:
1738-854
1739-(i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
1740-855
1741-submission of the initiative to the legislative body or the legal voters; and
1742-856
1743-(ii) if the initiative proposes a tax increase, includes the statement described in
1744-857
1745-Subsection 20A-7-514(4)(a).
1746-858
1747-(15)(a) "Land use law" means a law of general applicability, enacted based on the
1748-859
1749-weighing of broad, competing policy considerations, that relates to the use of land,
1750-860
1751-including land use regulation, a general plan, a land use development code, an
1752-861
1753-annexation ordinance, the rezoning of a single property or multiple properties, or a
1754-862
1755-comprehensive zoning ordinance or resolution.
1756-863
1757-(b) "Land use law" does not include a land use decision, as defined in Section 10-9a-103
1758-864
1759-or 17-27a-103.
1760-865
1761-(16) "Legal signatures" means the number of signatures of legal voters that:
1762-866
1763-(a) meet the numerical requirements of this chapter; and
1764-867
1765-(b) have been obtained, certified, and verified as provided in this chapter.
1766-868
1767-(17) "Legal voter" means an individual who is registered to vote in Utah.
1768-869
1769-(18) "Legally referable to voters" means:
1770-870
1771-(a) for a proposed local initiative, that the proposed local initiative is legally referable to
1772-871
1773-voters under Section 20A-7-502.7; or
1774-872
1775-(b) for a proposed local referendum, that the proposed local referendum is legally
1776-873
1777-referable to voters under Section 20A-7-602.7.
1778-874
1779-(19) "Local attorney" means the county attorney, city attorney, or town attorney in whose
1780-875
1781-jurisdiction a local initiative or referendum petition is circulated.
1782-876
1783-(20) "Local clerk" means the county clerk, city recorder, or town clerk in whose jurisdiction
1784-877
1785-a local initiative or referendum petition is circulated.
1786-878
1787-(21) "Local fiscal law" means a local transportation fee law.
1788-- 26 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1789-879
1790-[(21)] (22)(a) "Local law" includes:
1791-880
1792-(i) an ordinance;
1793-881
1794-(ii) a resolution;
1795-882
1796-(iii) a land use law;
1797-883
1798-(iv) a land use regulation, as defined in Section 10-9a-103; or
1799-884
1800-(v) other legislative action of a local legislative body.
1801-885
1802-(b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
1803-886
1804-[(22)] (23) "Local legislative body" means the legislative body of a county, city, or town.
1805-887
1806-[(23)] (24) "Local obligation law" means a local law passed by the local legislative body
1807-888
1808-regarding a bond that was approved by a majority of qualified voters in an election.
1809-889
1810-[(24)] (25) "Local tax law" means a law, passed by a political subdivision with an annual or
1811-890
1812-biannual calendar fiscal year, that increases a tax or imposes a new tax.
1813-891
1814-(26) "Local transportation fee law" means an ordinance adopted under Section 10-5-134,
1815-892
1816-10-6-134.5 or 17-36-56, imposing or increasing a transportation utility fee.
1817-893
1818-[(25)] (27) "Manual initiative process" means the process for gathering signatures for an
1819-894
1820-initiative using paper signature packets that a signer physically signs.
1821-895
1822-[(26)] (28) "Manual referendum process" means the process for gathering signatures for a
1823-896
1824-referendum using paper signature packets that a signer physically signs.
1825-897
1826-[(27)] (29)(a) "Measure" means a proposed constitutional amendment, an initiative, or
1827-898
1828-referendum.
1829-899
1830-(b) "Measure" does not include a ballot proposition for the creation of a new school
1831-900
1832-district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
1833-901
1834-[(28)] (30) "Presiding officers" means the president of the Senate and the speaker of the
1835-902
1836-House of Representatives.
1837-903
1838-[(29)] (31) "Referendum" means a process by which a law passed by the Legislature or by a
1839-904
1840-local legislative body is submitted or referred to the voters for their approval or rejection.
18411841 905
1842-[(30)] (32) "Referendum application" means:
1842+required under Subsection 20A-7-302(2); or
18431843 906
1844-(a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that
1844+(b) for a local referendum, an application described in Subsection 20A-7-602(2) that
18451845 907
18461846 includes all the information, statements, documents, and notarized signatures
18471847 908
1848-required under Subsection 20A-7-302(2); or
1848+required under Subsection 20A-7-602(2).
18491849 909
1850-(b) for a local referendum, an application described in Subsection 20A-7-602(2) that
1850+[(31)] (33) "Referendum packet" means a copy of the referendum petition, a copy of the law
18511851 910
1852-includes all the information, statements, documents, and notarized signatures
1852+being submitted or referred to the voters for their approval or rejection, and the signature
18531853 911
1854-required under Subsection 20A-7-602(2).
1854+sheets, all of which have been bound together as a unit.
18551855 912
1856-[(31)] (33) "Referendum packet" means a copy of the referendum petition, a copy of the law
1857-- 27 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1856+[(32)] (34) "Referendum petition" means:
1857+- 27 - 1st Sub. (Buff) H.B. 454 03-04 10:20
18581858 913
1859-being submitted or referred to the voters for their approval or rejection, and the signature
1859+(a) as it relates to a statewide referendum, using the manual referendum process, the
18601860 914
1861-sheets, all of which have been bound together as a unit.
1861+form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law
18621862 915
1863-[(32)] (34) "Referendum petition" means:
1863+passed by the Legislature to legal voters for their approval or rejection;
18641864 916
1865-(a) as it relates to a statewide referendum, using the manual referendum process, the
1865+(b) as it relates to a statewide referendum, using the electronic referendum process, the
18661866 917
1867-form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law
1867+form described in Subsection 20A-7-313(2), petitioning for submission of a law
18681868 918
18691869 passed by the Legislature to legal voters for their approval or rejection;
18701870 919
1871-(b) as it relates to a statewide referendum, using the electronic referendum process, the
1871+(c) as it relates to a local referendum, using the manual referendum process, the form
18721872 920
1873-form described in Subsection 20A-7-313(2), petitioning for submission of a law
1873+described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to
18741874 921
1875-passed by the Legislature to legal voters for their approval or rejection;
1875+legal voters for their approval or rejection; or
18761876 922
1877-(c) as it relates to a local referendum, using the manual referendum process, the form
1877+(d) as it relates to a local referendum, using the electronic referendum process, the form
18781878 923
1879-described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to
1879+described in Subsection 20A-7-614(2), petitioning for submission of a local law to
18801880 924
1881-legal voters for their approval or rejection; or
1881+legal voters for their approval or rejection.
18821882 925
1883-(d) as it relates to a local referendum, using the electronic referendum process, the form
1883+[(33)] (35) "Signature":
18841884 926
1885-described in Subsection 20A-7-614(2), petitioning for submission of a local law to
1885+(a) for a statewide initiative:
18861886 927
1887-legal voters for their approval or rejection.
1887+(i) as it relates to the electronic initiative process, means an electronic signature
18881888 928
1889-[(33)] (35) "Signature":
1889+collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
18901890 929
1891-(a) for a statewide initiative:
1891+(ii) as it relates to the manual initiative process:
18921892 930
1893+(A) means a holographic signature collected physically on a signature sheet
1894+931
1895+described in Section 20A-7-203;
1896+932
1897+(B) as it relates to an individual who, due to a qualifying disability under the
1898+933
1899+Americans with Disabilities Act, is unable to fill out the signature sheet or to
1900+934
1901+sign the voter's name consistently, the initials "AV," indicating that the voter's
1902+935
1903+identity will be verified by an alternate verification process described in
1904+936
1905+Section 20A-7-106; and
1906+937
1907+(C) does not include an electronic signature;
1908+938
1909+(b) for a statewide referendum:
1910+939
1911+(i) as it relates to the electronic referendum process, means an electronic signature
1912+940
1913+collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
1914+941
1915+(ii) as it relates to the manual referendum process:
1916+942
1917+(A) means a holographic signature collected physically on a signature sheet
1918+943
1919+described in Section 20A-7-303;
1920+944
1921+(B) as it relates to an individual who, due to a qualifying disability under the
1922+945
1923+Americans with Disabilities Act, is unable to fill out the signature sheet or to
1924+946
1925+sign the voter's name consistently, the initials "AV," indicating that the voter's
1926+- 28 - 03-04 10:20 1st Sub. (Buff) H.B. 454
1927+947
1928+identity will be verified by an alternate verification process described in
1929+948
1930+Section 20A-7-106; and
1931+949
1932+(C) does not include an electronic signature;
1933+950
1934+(c) for a local initiative:
1935+951
18931936 (i) as it relates to the electronic initiative process, means an electronic signature
1894-931
1895-collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
1896-932
1937+952
1938+collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
1939+953
18971940 (ii) as it relates to the manual initiative process:
1898-933
1941+954
18991942 (A) means a holographic signature collected physically on a signature sheet
1900-934
1901-described in Section 20A-7-203;
1902-935
1943+955
1944+described in Section 20A-7-503;
1945+956
19031946 (B) as it relates to an individual who, due to a qualifying disability under the
1904-936
1947+957
19051948 Americans with Disabilities Act, is unable to fill out the signature sheet or to
1906-937
1949+958
19071950 sign the voter's name consistently, the initials "AV," indicating that the voter's
1908-938
1951+959
19091952 identity will be verified by an alternate verification process described in
1910-939
1953+960
19111954 Section 20A-7-106; and
1912-940
1913-(C) does not include an electronic signature;
1914-941
1915-(b) for a statewide referendum:
1916-942
1955+961
1956+(C) does not include an electronic signature; or
1957+962
1958+(d) for a local referendum:
1959+963
19171960 (i) as it relates to the electronic referendum process, means an electronic signature
1918-943
1919-collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
1920-944
1961+964
1962+collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
1963+965
19211964 (ii) as it relates to the manual referendum process:
1922-945
1965+966
19231966 (A) means a holographic signature collected physically on a signature sheet
1924-946
1925-described in Section 20A-7-303;
1926-- 28 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
1927-947
1967+967
1968+described in Section 20A-7-603;
1969+968
19281970 (B) as it relates to an individual who, due to a qualifying disability under the
1929-948
1971+969
19301972 Americans with Disabilities Act, is unable to fill out the signature sheet or to
1931-949
1973+970
19321974 sign the voter's name consistently, the initials "AV," indicating that the voter's
1933-950
1975+971
19341976 identity will be verified by an alternate verification process described in
1935-951
1977+972
19361978 Section 20A-7-106; and
1937-952
1938-(C) does not include an electronic signature;
1939-953
1940-(c) for a local initiative:
1941-954
1942-(i) as it relates to the electronic initiative process, means an electronic signature
1943-955
1944-collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
1945-956
1946-(ii) as it relates to the manual initiative process:
1947-957
1948-(A) means a holographic signature collected physically on a signature sheet
1949-958
1950-described in Section 20A-7-503;
1951-959
1952-(B) as it relates to an individual who, due to a qualifying disability under the
1953-960
1954-Americans with Disabilities Act, is unable to fill out the signature sheet or to
1955-961
1956-sign the voter's name consistently, the initials "AV," indicating that the voter's
1957-962
1958-identity will be verified by an alternate verification process described in
1959-963
1960-Section 20A-7-106; and
1961-964
1962-(C) does not include an electronic signature; or
1963-965
1964-(d) for a local referendum:
1965-966
1966-(i) as it relates to the electronic referendum process, means an electronic signature
1967-967
1968-collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
1969-968
1970-(ii) as it relates to the manual referendum process:
1971-969
1972-(A) means a holographic signature collected physically on a signature sheet
1973-970
1974-described in Section 20A-7-603;
1975-971
1976-(B) as it relates to an individual who, due to a qualifying disability under the
1977-972
1978-Americans with Disabilities Act, is unable to fill out the signature sheet or to
19791979 973
1980-sign the voter's name consistently, the initials "AV," indicating that the voter's
1980+(C) does not include an electronic signature.
19811981 974
1982-identity will be verified by an alternate verification process described in
1982+[(34)] (36) "Signature sheets" means sheets in the form required by this chapter that are used
19831983 975
1984-Section 20A-7-106; and
1984+under the manual initiative process or the manual referendum process to collect
19851985 976
1986-(C) does not include an electronic signature.
1986+signatures in support of an initiative or referendum.
19871987 977
1988-[(34)] (36) "Signature sheets" means sheets in the form required by this chapter that are used
1988+[(35)] (37) "Special local ballot proposition" means a local ballot proposition that is not a
19891989 978
1990-under the manual initiative process or the manual referendum process to collect
1990+standard local ballot proposition.
19911991 979
1992-signatures in support of an initiative or referendum.
1992+[(36)] (38) "Sponsors" means the legal voters who support the initiative or referendum and
19931993 980
1994-[(35)] (37) "Special local ballot proposition" means a local ballot proposition that is not a
1995-- 29 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
1994+who sign the initiative application or referendum application.
1995+- 29 - 1st Sub. (Buff) H.B. 454 03-04 10:20
19961996 981
1997-standard local ballot proposition.
1997+[(37)] (39)(a) "Standard local ballot proposition" means a local ballot proposition for an
19981998 982
1999-[(36)] (38) "Sponsors" means the legal voters who support the initiative or referendum and
1999+initiative or a referendum.
20002000 983
2001-who sign the initiative application or referendum application.
2001+(b) "Standard local ballot proposition" does not include:
20022002 984
2003-[(37)] (39)(a) "Standard local ballot proposition" means a local ballot proposition for an
2003+(i) a property tax referendum described in Section 20A-7-613[.] ; or
20042004 985
2005-initiative or a referendum.
2005+(ii) a local fiscal law referendum described in Section 20A-7-613.1.
20062006 986
2007-(b) "Standard local ballot proposition" does not include:
2007+[(38)] (40) "Tax percentage difference" means the difference between the tax rate proposed
20082008 987
2009-(i) a property tax referendum described in Section 20A-7-613[.] ; or
2009+by an initiative or an initiative petition and the current tax rate.
20102010 988
2011-(ii) a local fiscal law referendum described in Section 20A-7-613.1.
2011+[(39)] (41) "Tax percentage increase" means a number calculated by dividing the tax
20122012 989
2013-[(38)] (40) "Tax percentage difference" means the difference between the tax rate proposed
2013+percentage difference by the current tax rate and rounding the result to the nearest
20142014 990
2015-by an initiative or an initiative petition and the current tax rate.
2015+thousandth.
20162016 991
2017-[(39)] (41) "Tax percentage increase" means a number calculated by dividing the tax
2017+[(40)] (42) "Verified" means acknowledged by the person circulating the petition as required
20182018 992
2019-percentage difference by the current tax rate and rounding the result to the nearest
2019+in Section 20A-7-105.
20202020 993
2021-thousandth.
2021+Section 11. Section 20A-7-607 is amended to read:
20222022 994
2023-[(40)] (42) "Verified" means acknowledged by the person circulating the petition as required
2023+20A-7-607 . Evaluation by the local clerk -- Determination of election for vote on
20242024 995
2025-in Section 20A-7-105.
2025+referendum.
20262026 996
2027-Section 11. Section 20A-7-607 is amended to read:
2027+(1) In relation to the manual referendum process, when the local clerk receives a
20282028 997
2029-20A-7-607 . Evaluation by the local clerk -- Determination of election for vote on
2029+referendum packet from a county clerk, the local clerk shall record the number of the
20302030 998
2031-referendum.
2031+referendum packet received.
20322032 999
2033-(1) In relation to the manual referendum process, when the local clerk receives a
2033+(2) The county clerk shall:
20342034 1000
2035-referendum packet from a county clerk, the local clerk shall record the number of the
2035+(a) in relation to the manual referendum process:
20362036 1001
2037-referendum packet received.
2037+(i) post the names, voter identification numbers, and dates of signatures described in
20382038 1002
2039-(2) The county clerk shall:
2039+Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a
20402040 1003
2041-(a) in relation to the manual referendum process:
2041+conspicuous location designated by the lieutenant governor, for at least 45 days;
20422042 1004
2043+and
2044+1005
2045+(ii) update on the local clerk's website the number of signatures certified as of the
2046+1006
2047+date of the update; or
2048+1007
2049+(b) in relation to the electronic referendum process:
2050+1008
20432051 (i) post the names, voter identification numbers, and dates of signatures described in
2044-1005
2045-Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a
2046-1006
2047-conspicuous location designated by the lieutenant governor, for at least 45 days;
2048-1007
2049-and
2050-1008
2051-(ii) update on the local clerk's website the number of signatures certified as of the
20522052 1009
2053-date of the update; or
2053+Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous
20542054 1010
2055-(b) in relation to the electronic referendum process:
2055+location designated by the lieutenant governor, for at least 45 days; and
20562056 1011
2057-(i) post the names, voter identification numbers, and dates of signatures described in
2057+(ii) update on the lieutenant governor's website the number of signatures certified as
20582058 1012
2059-Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous
2059+of the date of the update.
20602060 1013
2061-location designated by the lieutenant governor, for at least 45 days; and
2061+(3) The local clerk:
20622062 1014
2063-(ii) update on the lieutenant governor's website the number of signatures certified as
2064-- 30 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
2063+(a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
2064+- 30 - 03-04 10:20 1st Sub. (Buff) H.B. 454
20652065 1015
2066-of the date of the update.
2066+sufficient or insufficient:
20672067 1016
2068-(3) The local clerk:
2068+(i) in relation to the manual referendum process, no later than 111 days after the day
20692069 1017
2070-(a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
2070+of the deadline, described in Subsection 20A-7-105(5)(a)(iv), to submit a
20712071 1018
2072-sufficient or insufficient:
2072+referendum packet to the county clerk; or
20732073 1019
2074-(i) in relation to the manual referendum process, no later than 111 days after the day
2074+(ii) in relation to the electronic referendum process, no later than 111 days after the
20752075 1020
2076-of the deadline, described in Subsection 20A-7-105(5)(a)(iv), to submit a
2076+day of the deadline, described in Subsection 20A-7-616(2), to collect a signature;
20772077 1021
2078-referendum packet to the county clerk; or
2078+or
20792079 1022
2080-(ii) in relation to the electronic referendum process, no later than 111 days after the
2080+(b) may declare the referendum petition to be insufficient before the day described in
20812081 1023
2082-day of the deadline, described in Subsection 20A-7-616(2), to collect a signature;
2082+Subsection (3)(a) if:
20832083 1024
2084-or
2084+(i) in relation to the manual referendum process, the total of all valid signatures on
20852085 1025
2086-(b) may declare the referendum petition to be insufficient before the day described in
2086+timely and lawfully submitted referendum packets that have been certified by the
20872087 1026
2088-Subsection (3)(a) if:
2088+county clerk, plus the number of signatures on timely and lawfully submitted
20892089 1027
2090-(i) in relation to the manual referendum process, the total of all valid signatures on
2090+referendum packets that have not yet been evaluated for certification, is less than
20912091 1028
2092-timely and lawfully submitted referendum packets that have been certified by the
2092+the number of names required under Section 20A-7-601;
20932093 1029
2094-county clerk, plus the number of signatures on timely and lawfully submitted
2094+(ii) in relation to the electronic referendum process, the total of all timely and
20952095 1030
2096-referendum packets that have not yet been evaluated for certification, is less than
2096+lawfully submitted valid signatures that have been certified by the county clerks,
20972097 1031
2098-the number of names required under Section 20A-7-601;
2098+plus the number of timely and lawfully submitted valid signatures received under
20992099 1032
2100-(ii) in relation to the electronic referendum process, the total of all timely and
2100+Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is
21012101 1033
2102-lawfully submitted valid signatures that have been certified by the county clerks,
2102+less than the number of names required under Section 20A-7-601; or
21032103 1034
2104-plus the number of timely and lawfully submitted valid signatures received under
2104+(iii) a requirement of this part has not been met.
21052105 1035
2106-Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is
2106+(4)(a) If the total number of names certified under Subsection (3) equals or exceeds the
21072107 1036
2108-less than the number of names required under Section 20A-7-601; or
2108+number of names required under Section 20A-7-601, and the requirements of this
21092109 1037
2110-(iii) a requirement of this part has not been met.
2110+part are met, the local clerk shall mark upon the front of the referendum petition the
21112111 1038
2112-(4)(a) If the total number of names certified under Subsection (3) equals or exceeds the
2112+word "sufficient."
21132113 1039
2114-number of names required under Section 20A-7-601, and the requirements of this
2114+(b) If the total number of names certified under Subsection (3) does not equal or exceed
21152115 1040
2116-part are met, the local clerk shall mark upon the front of the referendum petition the
2116+the number of names required under Section 20A-7-601 or a requirement of this part
21172117 1041
2118-word "sufficient."
2118+is not met, the local clerk shall mark upon the front of the referendum petition the
21192119 1042
2120-(b) If the total number of names certified under Subsection (3) does not equal or exceed
2120+word "insufficient."
21212121 1043
2122-the number of names required under Section 20A-7-601 or a requirement of this part
2122+(c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
21232123 1044
2124-is not met, the local clerk shall mark upon the front of the referendum petition the
2124+finding.
21252125 1045
2126-word "insufficient."
2126+(d) After a referendum petition is declared insufficient, a person may not submit
21272127 1046
2128-(c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
2128+additional signatures to qualify the referendum for the ballot.
21292129 1047
2130-finding.
2130+(5)(a) If the local clerk refuses to declare a referendum petition sufficient, any voter
21312131 1048
2132-(d) After a referendum petition is declared insufficient, a person may not submit
2133-- 31 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
2132+may, no later than 10 days after the day on which the local clerk declares the
2133+- 31 - 1st Sub. (Buff) H.B. 454 03-04 10:20
21342134 1049
2135-additional signatures to qualify the referendum for the ballot.
2135+referendum petition insufficient, apply to the appropriate court for an order finding
21362136 1050
2137-(5)(a) If the local clerk refuses to declare a referendum petition sufficient, any voter
2137+the referendum petition legally sufficient.
21382138 1051
2139-may, no later than 10 days after the day on which the local clerk declares the
2139+(b) If the court determines that the referendum petition is legally sufficient, the local
21402140 1052
2141-referendum petition insufficient, apply to the appropriate court for an order finding
2141+clerk shall mark the referendum petition "sufficient" and consider the declaration of
21422142 1053
2143-the referendum petition legally sufficient.
2143+sufficiency effective as of the date on which the referendum petition should have
21442144 1054
2145-(b) If the court determines that the referendum petition is legally sufficient, the local
2145+been declared sufficient by the local clerk's office.
21462146 1055
2147-clerk shall mark the referendum petition "sufficient" and consider the declaration of
2147+(c) If the court determines that a referendum petition filed is not legally sufficient, the
21482148 1056
2149-sufficiency effective as of the date on which the referendum petition should have
2149+court may enjoin the local clerk and all other officers from:
21502150 1057
2151-been declared sufficient by the local clerk's office.
2151+(i) certifying or printing the ballot title and numbers of that referendum on the official
21522152 1058
2153-(c) If the court determines that a referendum petition filed is not legally sufficient, the
2153+ballot for the next election; or
21542154 1059
2155-court may enjoin the local clerk and all other officers from:
2155+(ii) as it relates to a local tax law or a local fiscal law that is conducted entirely by
21562156 1060
2157-(i) certifying or printing the ballot title and numbers of that referendum on the official
2157+mail, certifying, printing, or mailing the ballot title and numbers of that
21582158 1061
2159-ballot for the next election; or
2159+referendum under Section 20A-7-609.5.
21602160 1062
2161-(ii) as it relates to a local tax law or a local fiscal law that is conducted entirely by
2161+(6) A referendum petition determined to be sufficient in accordance with this section is
21622162 1063
2163-mail, certifying, printing, or mailing the ballot title and numbers of that
2163+qualified for the ballot.
21642164 1064
2165-referendum under Section 20A-7-609.5.
2165+(7)(a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
21662166 1065
2167-(6) A referendum petition determined to be sufficient in accordance with this section is
2167+legislative action taken after April 15, the election officer may not place the
21682168 1066
2169-qualified for the ballot.
2169+referendum on an election ballot until a primary election, a general election, or a
21702170 1067
2171-(7)(a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
2171+special election the following year.
21722172 1068
2173-legislative action taken after April 15, the election officer may not place the
2173+(b) The election officer may place a referendum described in Subsection (7)(a) on the
21742174 1069
2175-referendum on an election ballot until a primary election, a general election, or a
2175+ballot for a special, primary, or general election held during the year that the
21762176 1070
2177-special election the following year.
2177+legislative action was taken if the following agree, in writing, on a timeline to place
21782178 1071
2179-(b) The election officer may place a referendum described in Subsection (7)(a) on the
2179+the referendum on that ballot:
21802180 1072
2181-ballot for a special, primary, or general election held during the year that the
2181+(i) the local clerk;
21822182 1073
2183-legislative action was taken if the following agree, in writing, on a timeline to place
2183+(ii) the county clerk; and
21842184 1074
2185-the referendum on that ballot:
2185+(iii) the attorney for the county or municipality that took the legislative action.
21862186 1075
2187-(i) the local clerk;
2187+(c) For a referendum on a land use law, if, before August 30, the local clerk or a court
21882188 1076
2189-(ii) the county clerk; and
2189+determines that the total number of certified names equals or exceeds the number of
21902190 1077
2191-(iii) the attorney for the county or municipality that took the legislative action.
2191+signatures required in Section 20A-7-601, the election officer shall place the
21922192 1078
2193-(c) For a referendum on a land use law, if, before August 30, the local clerk or a court
2193+referendum on the election ballot for:
21942194 1079
2195-determines that the total number of certified names equals or exceeds the number of
2195+(i) the next general election; or
21962196 1080
2197-signatures required in Section 20A-7-601, the election officer shall place the
2197+(ii) another election, if the following agree, in writing, on a timeline to place the
21982198 1081
2199-referendum on the election ballot for:
2199+referendum on that ballot:
22002200 1082
2201-(i) the next general election; or
2202-- 32 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
2201+(A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as
2202+- 32 - 03-04 10:20 1st Sub. (Buff) H.B. 454
22032203 1083
2204-(ii) another election, if the following agree, in writing, on a timeline to place the
2204+applicable;
22052205 1084
2206-referendum on that ballot:
2206+(B) the local clerk;
22072207 1085
2208-(A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as
2208+(C) the county clerk; and
22092209 1086
2210-applicable;
2210+(D) the attorney for the county or municipality that took the legislative action.
22112211 1087
2212-(B) the local clerk;
2212+Section 12. Section 20A-7-609.5 is amended to read:
22132213 1088
2214-(C) the county clerk; and
2214+20A-7-609.5 . Election on referendum challenging local tax law or local fiscal law
22152215 1089
2216-(D) the attorney for the county or municipality that took the legislative action.
2216+conducted entirely by mail.
22172217 1090
2218-Section 12. Section 20A-7-609.5 is amended to read:
2218+(1) An election officer may administer an election on a referendum challenging a local tax
22192219 1091
2220-20A-7-609.5 . Election on referendum challenging local tax law or local fiscal law
2220+or local fiscal law law entirely by mail.
22212221 1092
2222-conducted entirely by mail.
2222+(2) For purposes of an election conducted under this section, the election officer shall:
22232223 1093
2224-(1) An election officer may administer an election on a referendum challenging a local tax
2224+(a) designate as the election day the day that is 30 days after the day on which the
22252225 1094
2226-law or local fiscal law entirely by mail.
2226+election officer complies with Subsection (2)(b); and
22272227 1095
2228-(2) For purposes of an election conducted under this section, the election officer shall:
2228+(b) within 30 days after the day on which the referendum described in Subsection (1)
22292229 1096
2230-(a) designate as the election day the day that is 30 days after the day on which the
2230+qualifies for the ballot, mail to each registered voter within the voting precincts to
22312231 1097
2232-election officer complies with Subsection (2)(b); and
2232+which the local tax law or local fiscal law applies:
22332233 1098
2234-(b) within 30 days after the day on which the referendum described in Subsection (1)
2234+(i) a manual ballot;
22352235 1099
2236-qualifies for the ballot, mail to each registered voter within the voting precincts to
2236+(ii) a statement that there will be no polling place for the election;
22372237 1100
2238-which the local tax law or local fiscal law applies:
2238+(iii) a statement specifying the election day described in Subsection (2)(a);
22392239 1101
2240-(i) a manual ballot;
2240+(iv) a business reply mail envelope;
22412241 1102
2242-(ii) a statement that there will be no polling place for the election;
2242+(v) instructions for returning the ballot that include an express notice about any
22432243 1103
2244-(iii) a statement specifying the election day described in Subsection (2)(a);
2244+relevant deadlines that the voter must meet in order for the voter's vote to be
22452245 1104
2246-(iv) a business reply mail envelope;
2246+counted;
22472247 1105
2248-(v) instructions for returning the ballot that include an express notice about any
2248+(vi) a warning, on a separate page of colored paper in boldface print, indicating that if
22492249 1106
2250-relevant deadlines that the voter must meet in order for the voter's vote to be
2250+the voter fails to follow the instructions included with the manual ballot, the voter
22512251 1107
2252-counted;
2252+will be unable to vote in that election because there will be no polling place for the
22532253 1108
2254-(vi) a warning, on a separate page of colored paper in boldface print, indicating that if
2254+election; and
22552255 1109
2256-the voter fails to follow the instructions included with the manual ballot, the voter
2256+(vii)(A) a copy of the proposition information pamphlet relating to the referendum
22572257 1110
2258-will be unable to vote in that election because there will be no polling place for the
2258+if a proposition information pamphlet relating to the referendum was published
22592259 1111
2260-election; and
2260+under Section 20A-7-401.5; or
22612261 1112
2262-(vii)(A) a copy of the proposition information pamphlet relating to the referendum
2262+(B) a website address where an individual may view a copy of the proposition
22632263 1113
2264-if a proposition information pamphlet relating to the referendum was published
2264+information pamphlet described in Subsection (2)(b)(vii)(A).
22652265 1114
2266-under Section 20A-7-401.5; or
2266+(3) An election officer who administers an election under this section shall:
22672267 1115
2268-(B) a website address where an individual may view a copy of the proposition
2268+(a)(i) obtain, in person, the signatures of each voter within that voting precinct before
22692269 1116
2270-information pamphlet described in Subsection (2)(b)(vii)(A).
2271-- 33 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
2270+the election; or
2271+- 33 - 1st Sub. (Buff) H.B. 454 03-04 10:20
22722272 1117
2273-(3) An election officer who administers an election under this section shall:
2273+(ii) obtain the signature of each voter within the voting precinct from the county
22742274 1118
2275-(a)(i) obtain, in person, the signatures of each voter within that voting precinct before
2275+clerk; and
22762276 1119
2277-the election; or
2277+(b) maintain the signatures on file in the election officer's office.
22782278 1120
2279-(ii) obtain the signature of each voter within the voting precinct from the county
2279+(4)(a) Upon receiving a returned manual ballot under this section, the election officer
22802280 1121
2281-clerk; and
2281+shall compare the signature on each return envelope with the voter's signature that is
22822282 1122
2283-(b) maintain the signatures on file in the election officer's office.
2283+maintained on file and verify that the signatures are the same.
22842284 1123
2285-(4)(a) Upon receiving a returned manual ballot under this section, the election officer
2285+(b) If the election officer questions the authenticity of the signature on the return
22862286 1124
2287-shall compare the signature on each return envelope with the voter's signature that is
2287+envelope, the election officer shall immediately contact the voter to verify the
22882288 1125
2289-maintained on file and verify that the signatures are the same.
2289+signature.
22902290 1126
2291-(b) If the election officer questions the authenticity of the signature on the return
2291+(c) If there is not a signature on the return envelope or if the election officer determines
22922292 1127
2293-envelope, the election officer shall immediately contact the voter to verify the
2293+that the signature on the return envelope does not match the voter's signature that is
22942294 1128
2295-signature.
2295+maintained on file, the election officer shall:
22962296 1129
2297-(c) If there is not a signature on the return envelope or if the election officer determines
2297+(i) disqualify the ballot; and
22982298 1130
2299-that the signature on the return envelope does not match the voter's signature that is
2299+(ii) notify the voter of the disqualification and the reason for the disqualification.
23002300 1131
2301-maintained on file, the election officer shall:
2301+Section 13. Section 20A-7-613.1 is enacted to read:
23022302 1132
2303-(i) disqualify the ballot; and
2303+20A-7-613.1 . Local fiscal law referendum petition.
23042304 1133
2305-(ii) notify the voter of the disqualification and the reason for the disqualification.
2305+(1) Except as provided in this section, the requirements of this part apply to a referendum
23062306 1134
2307-Section 13. Section 20A-7-613.1 is enacted to read:
2307+petition challenging a taxing entity's legislative body's vote to impose a transportation
23082308 1135
2309-20A-7-613.1 . Local fiscal law referendum petition.
2309+utility fee, or increase an existing transportation utility fee, under Section 10-5-134,
23102310 1136
2311-(1) Except as provided in this section, the requirements of this part apply to a referendum
2311+10-6-134.5, or 17-36-56.
23122312 1137
2313-petition challenging a taxing entity's legislative body's vote to impose a transportation
2313+(2) Notwithstanding Subsection 20A-7-105(5)(a)(iv), the sponsors or an agent of the
23142314 1138
2315-utility fee, or increase an existing transportation utility fee, under Section 10-5-134,
2315+sponsors shall deliver a signed and verified referendum packet to the county clerk of the
23162316 1139
2317-10-6-134.5, or 17-36-56.
2317+county in which the packet was circulated before 5 p.m. no later than the earlier of:
23182318 1140
2319-(2) Notwithstanding Subsection 20A-7-105(5)(a)(iv), the sponsors or an agent of the
2319+(a) 30 days after the day on which the first individual signs the packet; or
23202320 1141
2321-sponsors shall deliver a signed and verified referendum packet to the county clerk of the
2321+(b) 40 days after the day on which the local clerk complies with Subsection
23222322 1142
2323-county in which the packet was circulated before 5 p.m. no later than the earlier of:
2323+20A-7-604(3).
23242324 1143
2325-(a) 30 days after the day on which the first individual signs the packet; or
2325+(3) Notwithstanding Subsections 20A-7-105(6)(a) and (9), the county clerk shall take the
23262326 1144
2327-(b) 40 days after the day on which the local clerk complies with Subsection
2327+actions required in Subsections 20A-7-105(6)(a) and (9) within 10 working days after
23282328 1145
2329-20A-7-604(3).
2329+the day on which the county clerk receives the signed and verified referendum packet as
23302330 1146
2331-(3) Notwithstanding Subsections 20A-7-105(6)(a) and (9), the county clerk shall take the
2331+described in Subsection (2).
23322332 1147
2333-actions required in Subsections 20A-7-105(6)(a) and (9) within 10 working days after
2333+(4) The local clerk shall take the actions required by Section 20A-7-607 within two
23342334 1148
2335-the day on which the county clerk receives the signed and verified referendum packet as
2335+working days after:
23362336 1149
2337-described in Subsection (2).
2337+(a) in relation to the manual referendum process, the day on which the local clerk
23382338 1150
2339-(4) The local clerk shall take the actions required by Section 20A-7-607 within two
2340-- 34 - 03-06 09:12 2nd Sub. (Gray) H.B. 454
2339+receives the referendum packets from the county clerk; or
2340+- 34 - 03-04 10:20 1st Sub. (Buff) H.B. 454
23412341 1151
2342-working days after:
2342+(b) in relation to the electronic referendum process, the deadline described in Subsection
23432343 1152
2344-(a) in relation to the manual referendum process, the day on which the local clerk
2344+20A-7-616(2).
23452345 1153
2346-receives the referendum packets from the county clerk; or
2346+(5) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the ballot
23472347 1154
2348-(b) in relation to the electronic referendum process, the deadline described in Subsection
2348+title within two working days after the day on which the referendum petition is declared
23492349 1155
2350-20A-7-616(2).
2350+sufficient for submission to a vote of the people.
23512351 1156
2352-(5) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the ballot
2352+(6) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the ballot
23532353 1157
2354-title within two working days after the day on which the referendum petition is declared
2354+under this section shall appear on the ballot for the earlier of the next regular general
23552355 1158
2356-sufficient for submission to a vote of the people.
2356+election or the next municipal general election unless a special election is called.
23572357 1159
2358-(6) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the ballot
2358+(7) The election officer shall mail manual ballots on a referendum under this section the
23592359 1160
2360-under this section shall appear on the ballot for the earlier of the next regular general
2360+later of:
23612361 1161
2362-election or the next municipal general election unless a special election is called.
2362+(a) the time provided in Section 20A-3a-202 or 20A-16-403; or
23632363 1162
2364-(7) The election officer shall mail manual ballots on a referendum under this section the
2364+(b) the time that ballots are prepared for mailing under this section.
23652365 1163
2366-later of:
2366+(8) Section 20A-7-402 does not apply to a referendum described in this section.
23672367 1164
2368-(a) the time provided in Section 20A-3a-202 or 20A-16-403; or
2368+(9)(a) If a majority of voters does not vote against imposing a transportation utility fee,
23692369 1165
2370-(b) the time that ballots are prepared for mailing under this section.
2370+or increasing an existing transportation utility fee, the imposition of the transportation
23712371 1166
2372-(8) Section 20A-7-402 does not apply to a referendum described in this section.
2372+utility fee or the increase to an existing transportation utility fee is valid.
23732373 1167
2374-(9)(a) If a majority of voters does not vote against imposing a transportation utility fee,
2374+(b) If a majority of voters votes against imposing a transportation utility fee, or
23752375 1168
2376-or increasing an existing transportation utility fee, the imposition of the transportation
2376+increasing an existing transportation utility fee, the taxing entity's legislative body
23772377 1169
2378-utility fee or the increase to an existing transportation utility fee is valid.
2378+shall repeal the imposition of the transportation utility fee or the increase to the
23792379 1170
2380-(b) If a majority of voters votes against imposing a transportation utility fee, or
2380+existing transportation utility fee, as applicable.
23812381 1171
2382-increasing an existing transportation utility fee, the taxing entity's legislative body
2382+(10) The ballot title shall, at a minimum, include in substantially this form the following:
23832383 1172
2384-shall repeal the imposition of the transportation utility fee or the increase to the
2384+"Shall the [name of the taxing entity] be authorized to impose a transportation utility fee
23852385 1173
2386-existing transportation utility fee, as applicable.
2386+in amounts sufficient to generate [amount] for fiscal year [year] as budgeted, adopted,
23872387 1174
2388-(10) The ballot title shall, at a minimum, include in substantially this form the following:
2388+and approved by the [name of the taxing entity]?".
23892389 1175
2390-"Shall the [name of the taxing entity] be authorized to impose a transportation utility fee
2390+(11) A taxing entity shall pay the county the costs incurred by the county that are directly
23912391 1176
2392-in amounts sufficient to generate [amount] for fiscal year [year] as budgeted, adopted,
2392+related to meeting the requirements of this section and that the county would not have
23932393 1177
2394-and approved by the [name of the taxing entity]?".
2394+incurred but for compliance with this section.
23952395 1178
2396-(11) A taxing entity shall pay the county the costs incurred by the county that are directly
2396+(12)(a) An election officer shall include on a ballot a referendum that has not yet
23972397 1179
2398-related to meeting the requirements of this section and that the county would not have
2398+qualified for placement on the ballot, if:
23992399 1180
2400-incurred but for compliance with this section.
2400+(i) sponsors file an application for a referendum described in this section;
24012401 1181
2402-(12)(a) An election officer shall include on a ballot a referendum that has not yet
2402+(ii) the ballot will be used for the election for which the sponsors are attempting to
24032403 1182
2404-qualified for placement on the ballot, if:
2404+qualify the referendum; and
24052405 1183
2406-(i) sponsors file an application for a referendum described in this section;
2406+(iii) the deadline for qualifying the referendum for placement on the ballot occurs
24072407 1184
2408-(ii) the ballot will be used for the election for which the sponsors are attempting to
2409-- 35 - 2nd Sub. (Gray) H.B. 454 03-06 09:12
2408+after the day on which the ballot will be printed.
2409+- 35 - 1st Sub. (Buff) H.B. 454 03-04 10:20
24102410 1185
2411-qualify the referendum; and
2411+(b) If an election officer includes on a ballot a referendum described in Subsection
24122412 1186
2413-(iii) the deadline for qualifying the referendum for placement on the ballot occurs
2413+(12)(a), the ballot title shall comply with Subsection (10).
24142414 1187
2415-after the day on which the ballot will be printed.
2415+(c) If an election officer includes on a ballot a referendum described in Subsection
24162416 1188
2417-(b) If an election officer includes on a ballot a referendum described in Subsection
2417+(12)(a) that does not qualify for placement on the ballot, the election officer shall
24182418 1189
2419-(12)(a), the ballot title shall comply with Subsection (10).
2419+inform the voters by any practicable method that the referendum has not qualified for
24202420 1190
2421-(c) If an election officer includes on a ballot a referendum described in Subsection
2421+the ballot and that votes cast in relation to the referendum will not be counted.
24222422 1191
2423-(12)(a) that does not qualify for placement on the ballot, the election officer shall
2423+Section 14. Effective Date.
24242424 1192
2425-inform the voters by any practicable method that the referendum has not qualified for
2426-1193
2427-the ballot and that votes cast in relation to the referendum will not be counted.
2428-1194
2429-Section 14. Effective Date.
2430-1195
24312425 This bill takes effect on May 7, 2025.
24322426 - 36 -