First Substitute H.B. 502

Representative Melvin R. Brown proposes the following substitute bill:

1 INCORPORATION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Melvin R. Brown
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the incorporation of a city or town.
10 Highlighted Provisions:
11 This bill:
12 . amends definitions;
13 . amends language related to a request to incorporate a city;
14 . amends language related to the certification of a request for incorporation;
15 . repeals provisions that require a city incorporation feasibility study;
16 . amends language related to a city incorporation petition;
17 . requires a county legislative body to, in certain circumstances, hold a public hearing
18 to discuss the incorporation of a city, including allowing public input and
19 consideration of the feasibility of incorporation;
20 . amends language related to an incorporation of a city election;
21 . repeals provisions that require a town incorporation feasibility study;
22 . amends language related to a town incorporation petition;
23 . requires a county legislative body to, in certain circumstances, hold a public hearing
24 to discuss the incorporation of a town, including allowing public input and
25 consideration of the feasibility of incorporation;

26 . enacts provisions related to an incorporation of a town election;
27 . enacts provisions related to a town form of government and election of town
28 officers;
29 . enacts provisions requiring notice of a town incorporation to the lieutenant
30 governor;
31 . enacts provisions related to the effective date of a town incorporation;
32 . amends language related to the duties of a planning commission of a township;
33 . amends the definition of "ballot proposition"; and
34 . makes technical corrections.
35 Money Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 10-2-101, as last amended by Laws of Utah 2008, Chapter 360
42 10-2-102, as repealed and reenacted by Laws of Utah 1997, Chapter 389
43 10-2-103, as last amended by Laws of Utah 2000, Chapter 184
44 10-2-105, as last amended by Laws of Utah 1998, Chapter 13
45 10-2-109, as last amended by Laws of Utah 2010, Chapter 378
46 10-2-111, as last amended by Laws of Utah 2009, Chapter 388
47 10-2-116, as last amended by Laws of Utah 2009, Chapter 388
48 10-2-125, as last amended by Laws of Utah 2010, Chapters 90, 122 and last amended
49 by Coordination Clause, Laws of Utah 2010, Chapter 90
50 10-2-403, as last amended by Laws of Utah 2010, Chapter 378
51 17-27a-302, as renumbered and amended by Laws of Utah 2005, Chapter 254
52 20A-1-102, as last amended by Laws of Utah 2011, Chapters 17, 40, 310, and 335
53 20A-1-203, as last amended by Laws of Utah 2011, Chapter 371
54 20A-1-204, as last amended by Laws of Utah 2008, Chapters 16 and 382
55 ENACTS:
56 10-2-110.5, Utah Code Annotated 1953

57 10-2-126, Utah Code Annotated 1953
58 10-2-127, Utah Code Annotated 1953
59 10-2-128, Utah Code Annotated 1953
60 10-2-129, Utah Code Annotated 1953
61 REPEALS:
62 10-2-106, as last amended by Laws of Utah 2007, Chapter 329
63 10-2-107, as last amended by Laws of Utah 2000, Chapter 184
64 10-2-108, as last amended by Laws of Utah 2010, Chapter 90
65 10-2-124, as enacted by Laws of Utah 1997, Chapter 389
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 10-2-101 is amended to read:
69 10-2-101. Definitions.
70 (1) As used in this part[: (a) "Commission" means a boundary commission established
71 under Section 10-2-409 for the county in which the property that is proposed to be incorporated
72 is located. (b) "Feasibility consultant" means a person or firm with expertise in the processes
73 and economics of local government. (c) "Private,"], "private," with respect to real property,
74 means [not owned by the United States or any agency of the federal government, the state, a
75 county, a municipality, a school district, a local district under Title 17B, Limited Purpose Local
76 Government Entities - Local Districts, a special service district under Title 17D, Chapter 1,
77 Special Service District Act, or any other political subdivision or governmental entity of the
78 state] taxable property.
79 (2) For purposes of this part:
80 (a) the owner of real property shall be the record title owner according to the records of
81 the county recorder on the date of the filing of the request or petition; and
82 (b) the value of private real property shall be determined according to the last
83 assessment roll for county taxes before the filing of the request or petition.
84 (3) For purposes of each provision of this part that requires the owners of private real
85 property covering a percentage or fraction of the total private land area within an area to sign a
86 request or petition:
87 (a) a parcel of real property may not be included in the calculation of the required

88 percentage or fraction unless the request or petition is signed by:
89 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
90 ownership interest in that parcel; or
91 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
92 of owners of that parcel;
93 (b) the signature of a person signing a request or petition in a representative capacity on
94 behalf of an owner is invalid unless:
95 (i) the person's representative capacity and the name of the owner the person represents
96 are indicated on the request or petition with the person's signature; and
97 (ii) the person provides documentation accompanying the request or petition that
98 substantiates the person's representative capacity; and
99 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
100 request or petition on behalf of a deceased owner.
101 Section 2. Section 10-2-102 is amended to read:
102 10-2-102. Incorporation of a contiguous area -- Governing provisions of city or
103 town incorporation.
104 (1) A contiguous area of a county not within a municipality may incorporate as a
105 municipality as provided in this part.
106 (2) (a) Incorporation as a city is governed by Sections 10-2-103 through [ 10-2-124 ]
107 10-2-123 .
108 (b) Incorporation as a town is governed by [Section] Sections 10-2-125 through
109 10-2-129 .
110 Section 3. Section 10-2-103 is amended to read:
111 10-2-103. Request for incorporation -- Requirements -- Limitations.
112 (1) The process to incorporate a contiguous area of a county as a city is initiated by a
113 request for [a feasibility study] incorporation filed with the clerk of the county in which the
114 area is located.
115 (2) [Each] A request under Subsection (1) shall:
116 (a) be signed by the owners of private real property that[: (i)] is located within the area
117 proposed to be incorporated;
118 [(ii) covers at least 10% of the total private land area within the area; and]

119 [(iii) is equal in value to at least 7% of the value of all private real property within the
120 area;]
121 (b) indicate the typed or printed name and current residence address of each owner
122 signing the request;
123 (c) describe the contiguous area proposed to be incorporated as a city;
124 (d) designate up to five signers of the request as sponsors, one of whom shall be
125 designated as the contact sponsor, with the mailing address and telephone number of each; and
126 (e) be accompanied by and circulated with an accurate map or plat, prepared by a
127 licensed surveyor, showing the boundaries of the proposed city[; and].
128 [(f) request the county legislative body to commission a study to determine the
129 feasibility of incorporating the area as a city.]
130 [(3) A request for a feasibility study under this section may not propose for
131 incorporation an area that includes some or all of an area that is the subject of a completed
132 feasibility study or supplemental feasibility study whose results comply with Subsection
133 10-2-109 (3) unless:]
134 [(a) the proposed incorporation that is the subject of the completed feasibility study or
135 supplemental feasibility study has been defeated by the voters at an election under Section
136 10-2-111 ; or]
137 [(b) the time provided under Subsection 10-2-109 (1) for filing an incorporation
138 petition based on the completed feasibility study or supplemental feasibility study has elapsed
139 without the filing of a petition.]
140 [(4)] (3) (a) Except as provided in Subsection [(4)] (3)(b), a request under this section
141 may not propose for incorporation an area that includes some or all of an area proposed for
142 annexation in an annexation petition under Section 10-2-403 that:
143 (i) was filed before the filing of the request; and
144 (ii) is still pending on the date the request is filed.
145 (b) Notwithstanding Subsection [(4)] (3)(a), a request may propose for incorporation an
146 area that includes some or all of an area proposed for annexation in an annexation petition
147 described in Subsection [(4)] (3)(a) if:
148 (i) the proposed annexation area that is part of the area proposed for incorporation does
149 not exceed 20% of the area proposed for incorporation;

150 (ii) the request complies with [Subsections (2) and (3)] Subsection (2) with respect to
151 the area proposed for incorporation excluding the proposed annexation area; and
152 (iii) excluding the area proposed for annexation from the area proposed for
153 incorporation would not cause the area proposed for incorporation to lose its contiguousness.
154 (c) [Except as provided in Section 10-2-107 , each] A request to which Subsection [(4)]
155 (3)(b) applies shall be considered as not proposing the incorporation of the area proposed for
156 annexation.
157 [(5)] (4) At the time of filing the request for [a feasibility study] incorporation with the
158 county clerk, the sponsors of the request shall mail or deliver a copy of the request to the chair
159 of the planning commission of each township in which any part of the area proposed for
160 incorporation is located, if any.
161 Section 4. Section 10-2-105 is amended to read:
162 10-2-105. Processing a request for incorporation -- Certification or rejection by
163 county clerk -- Processing priority -- Limitations -- Township planning commission
164 recommendation.
165 (1) Within 45 days of the filing of a request under Section 10-2-103 , the county clerk
166 shall:
167 (a) with the assistance of other county officers from whom the clerk requests
168 assistance, determine whether the request complies with Section 10-2-103 ; and
169 (b) (i) if the clerk determines that the request complies with Section 10-2-103 :
170 (A) certify the request and deliver the certified request to the county legislative body;
171 and
172 (B) mail or deliver written notification of the certification to:
173 (I) the contact sponsor; and
174 (II) the chair of the planning commission of each township in which any part of the
175 area proposed for incorporation is located; or
176 (ii) if the clerk determines that the request fails to comply with [any of those] Section
177 10-2-103 requirements, reject the request and notify the contact sponsor in writing of the
178 rejection and the reasons for the rejection.
179 (2) The county clerk shall certify or reject requests under Subsection (1) in the order in
180 which they are filed.

181 (3) (a) (i) If the county clerk rejects a request under Subsection (1)(b)(ii), the request
182 may be amended to correct the deficiencies for which it was rejected and then refiled with the
183 county clerk.
184 (ii) A signature on a request under Section 10-2-103 may be used toward fulfilling the
185 signature requirement of Subsection 10-2-103 (2)(a) for the request as modified under
186 Subsection (3)(a)(i).
187 (b) If a request is amended and refiled under Subsection (3)(a) after having been
188 rejected by the county clerk under Subsection (1)(b)(ii), it shall be considered as a newly filed
189 request, and its processing priority is determined by the date on which it is refiled.
190 [(4) (a) A township planning commission may recommend to the legislative body of
191 the county in which the township is located that, for purposes of Subsection
192 10-2-106 (4)(a)(xiii), the county legislative body support or oppose a proposed incorporation
193 under this part of an area located within the township.]
194 [(b) (i) Except as provided in Subsection (4)(b)(ii), the township planning commission
195 shall communicate each recommendation under Subsection (4)(a) in writing to the county
196 legislative body within 60 days of the county clerk's certification under Subsection (1)(b)(i).]
197 [(ii) Notwithstanding Subsection (4)(b)(i), if the county clerk's certification under
198 Subsection (1)(b)(i) is before July 17, 1997, the township planning commission shall
199 communicate its recommendation under Subsection (4)(a) in writing to the county legislative
200 body within 60 days of the county clerk's certification under Subsection (1)(b)(i) or August 31,
201 1997, whichever is later, but no later than:]
202 [(A) 75 days after the county legislative body has engaged the feasibility consultant
203 under Subsection 10-2-106 (1); or]
204 [(B) the completion of the feasibility study.]
205 [(iii) At the time the recommendation under Subsection (4)(b)(i) is delivered to the
206 county legislative body, the township planning commission shall mail or deliver a copy of the
207 recommendation to the contact sponsor.]
208 Section 5. Section 10-2-109 is amended to read:
209 10-2-109. Incorporation petition -- Requirements and form.
210 (1) At any time within [18 months of the completion of the public hearings required
211 under Subsection 10-2-108 (1),] one year of filing a request for incorporation in accordance

212 with Section 10-2-103 , a petition for incorporation of the area proposed to be incorporated as a
213 city may be filed in the office of the clerk of the county in which the area is located.
214 (2) Each petition under Subsection (1) shall:
215 (a) be signed by:
216 (i) the owners of private real property that:
217 [(i)] (A) is located within the area proposed to be incorporated; and
218 [(ii) covers at least 1/3 1/8 of the total private land area within the area; and]
219 [(iii)] (B) is equal in value to at least [1/3] 1/8 of the value of all private real property
220 within the area; and
221 (ii) 1/8 of all registered voters within the area proposed to be incorporated as a city,
222 according to the official voter registration list maintained by the county on the date the petition
223 is filed;
224 (b) indicate the typed or printed name and current residence address of each owner
225 signing the petition;
226 (c) describe the area proposed to be incorporated as a city, as described in the
227 [feasibility study] request [or modified request that meets the requirements of Subsection (3)]
228 for incorporation;
229 (d) state the proposed name for the proposed city;
230 (e) designate five signers of the petition as petition sponsors, one of whom shall be
231 designated as the contact sponsor, with the mailing address and telephone number of each;
232 (f) state that the signers of the petition appoint the sponsors, if the incorporation
233 measure passes, to represent the signers in the process of:
234 (i) selecting the number of commission or council members the new city will have; and
235 (ii) drawing district boundaries for the election of commission or council members, if
236 the voters decide to elect commission or council members by district;
237 (g) be accompanied by and circulated with an accurate plat or map, prepared by a
238 licensed surveyor, showing the boundaries of the proposed city; and
239 (h) substantially comply with and be circulated in the following form:
240 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
241 city)
242 To the Honorable County Legislative Body of (insert the name of the county in which

243 the proposed city is located) County, Utah:
244 We, the undersigned owners of real property within the area described in this petition,
245 respectfully petition the county legislative body to submit to the registered voters residing
246 within the area described in this petition, at [a special election held for that purpose] the next
247 regular general election, the question of whether the area should incorporate as a city. Each of
248 the undersigned affirms that each has personally signed this petition and is an owner of real
249 property within the described area, and that the current residence address of each is correctly
250 written after the signer's name. The area proposed to be incorporated as a city is described as
251 follows: (insert an accurate description of the area proposed to be incorporated).
252 [(3) A petition for incorporation of a city under Subsection (1) may not be filed unless
253 the results of the feasibility study or supplemental feasibility study show that the average
254 annual amount of revenue under Subsection 10-2-106 (4)(a)(ix) does not exceed the average
255 annual amount of cost under Subsection 10-2-106 (4)(a)(viii) by more than 5%.]
256 [(4)] (3) A signature on a request under Section 10-2-103 [or a modified request under
257 Section 10-2-107 ] may be used toward fulfilling the signature requirement of Subsection
258 (2)(a):
259 (a) if the request under Section 10-2-103 [or modified request under Section 10-2-107 ]
260 notified the signer in conspicuous language that the signature, unless withdrawn, would also be
261 used for purposes of a petition for incorporation under this section; and
262 (b) unless the signer files with the county clerk a written withdrawal of the signature
263 before the petition under this section is filed with the clerk.
264 (4) (a) For purposes of this Subsection (4), "pending" means that the process to
265 incorporate an unincorporated area has been initiated by:
266 (i) the certification of a request for a feasibility study under the prior provisions of this
267 Chapter; or
268 (ii) the filing of a request for incorporation under Section 10-2-103 if, as of May 8,
269 2012, a petition described in Section 10-2-109 has not yet been filed for final certification with
270 the county clerk in accordance with Section 10-2-110 .
271 (b) The amendments to Subsections (1) through (3) that become effective on May 8,
272 2012:
273 (i) apply to a pending proceeding proposing the incorporation of an unincorporated

274 area; and
275 (ii) do not apply to a municipal incorporation proceeding under this part in which a
276 petition described in Section 10-2-109 has been filed for final certification with the county
277 clerk in accordance with Section 10-2-110 .
278 Section 6. Section 10-2-110.5 is enacted to read:
279 10-2-110.5. Public hearing -- Notice -- Feasibility of incorporation.
280 (1) If, in accordance with Section 10-2-110 , the county clerk certifies a petition for
281 incorporation or a modified petition for incorporation, the county legislative body shall, at its
282 next regular meeting after receipt of a certified petition, schedule at least two public hearings to
283 be held:
284 (a) no later than 60 days after the day on which the legislative body receives the
285 certified petition;
286 (b) at least seven days apart;
287 (c) in geographically diverse locations within the proposed city; and
288 (d) to consider, in accordance with Subsection (3), the feasibility of incorporation for
289 the proposed city.
290 (2) (a) (i) The county clerk shall publish notice of the public hearings required under
291 Subsection (1):
292 (A) at least once a week for three successive weeks in a newspaper of general
293 circulation within the proposed city; and
294 (B) on the Utah Public Notice Website created in Section 63F-1-701 , for three weeks.
295 (ii) The last publication of notice required under Subsection (2)(a)(i)(A) shall be at
296 least three days before the first public hearing required under Subsection (1).
297 (b) (i) If, under Subsection (2)(a)(i)(A), there is no newspaper of general circulation
298 within the proposed city, the county clerk shall post at least one notice of the hearings per
299 1,000 population in conspicuous places within the proposed city that are most likely to give
300 notice of the hearings to the residents of the proposed city.
301 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
302 the first hearing under Subsection (1).
303 (3) At a public hearing scheduled in accordance with Subsection (1), the county
304 legislative body shall:

305 (a) allow the public to:
306 (i) review the map or plat of the boundary of the proposed city;
307 (ii) ask questions and become informed about the proposed incorporation; and
308 (iii) express their views about the proposed incorporation, including their views about
309 the boundary of the area proposed to be incorporated; and
310 (b) consider:
311 (i) the population and population density within the area proposed for incorporation
312 and the surrounding area;
313 (ii) whether the proposed boundaries eliminate or create an unincorporated island or
314 peninsula;
315 (iii) the projected fiscal impact on unincorporated areas, local districts, special service
316 districts, and other governmental entities in the county;
317 (iv) current and five-year projections of demographics and economic base in the
318 proposed city and surrounding area, including household size and income, commercial and
319 industrial development, and public facilities;
320 (v) projected growth in the proposed city and in adjacent areas during the next five
321 years; and
322 (vi) the present and five-year projected revenue for the proposed city.
323 (4) For purposes of Subsection (3)(b)(vi), the legislative body shall assume ad valorem
324 property tax rates on residential property within the proposed city at the same level at which
325 they would have been without the incorporation.
326 (5) The county legislative body shall publish the hearing minutes and a summary of the
327 hearing on the county's Internet website, if the county has a website, and provide a copy of the
328 minutes and summary for public review at the legislative body's county office.
329 (6) The requirements of this section that become effective on May 8, 2012, do not
330 apply to a petition for incorporation certified by the county clerk, in accordance with Section
331 10-2-110 , before May 8, 2012.
332 Section 7. Section 10-2-111 is amended to read:
333 10-2-111. Incorporation election.
334 (1) (a) At the next [special election] regular general election date under Section
335 [ 20A-1-204 ] 20A-1-201 more than [45] 60 days after the county legislative body's receipt of

336 the certified petition or certified modified petition under Subsection 10-2-110 (1)(b)(i), the
337 county legislative body shall hold an election on the proposed incorporation.
338 (b) Unless a person is a registered voter who resides, as defined in Section 20A-1-102 ,
339 within the boundaries of the proposed city, the person may not vote on the proposed
340 incorporation.
341 (2) (a) The county clerk shall publish notice of the election:
342 (i) in a newspaper of general circulation within the area proposed to be incorporated at
343 least once a week for three successive weeks; and
344 (ii) in accordance with Section 45-1-101 for three weeks.
345 (b) The notice required by Subsection (2)(a) shall contain:
346 (i) a statement of the contents of the petition;
347 (ii) a description of the area proposed to be incorporated as a city;
348 (iii) a statement of the date and time of the election and the location of polling places;
349 and
350 [(iv) the feasibility study summary under Subsection 10-2-106 (3)(b) and a statement
351 that a full copy of the study is available for inspection and copying at the office of the county
352 clerk.]
353 (iv) the county Internet website address, if applicable, and the address of the county
354 office where the feasibility hearing minutes and summary are available, in accordance with
355 Section 10-2-110.5 .
356 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
357 one day but no more than seven days before the election.
358 (d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
359 circulation within the proposed city, the county clerk shall post at least one notice of the
360 election per 1,000 population in conspicuous places within the proposed city that are most
361 likely to give notice of the election to the voters of the proposed city.
362 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
363 the election under Subsection (1).
364 (3) If a majority of those casting votes within the area boundaries of the proposed city
365 vote to incorporate as a city, the area shall incorporate.
366 Section 8. Section 10-2-116 is amended to read:

367 10-2-116. Election of officers of new city.
368 (1) For the election of city officers, the county legislative body shall:
369 (a) unless a primary election is prohibited by Subsection 20A-9-404 (2), hold a primary
370 election; and
371 (b) hold a final election.
372 (2) Each election under Subsection (1) shall be:
373 (a) appropriate to the form of government chosen by the voters at the incorporation
374 election;
375 (b) consistent with the voters' decision about whether to elect commission or council
376 members by district and, if applicable, consistent with the boundaries of those districts as
377 determined by the petition sponsors; and
378 (c) consistent with the sponsors' determination of the number of commission or council
379 members to be elected and the length of their initial term.
380 (3) (a) Subject to Subsection (3)(b) [and except as provided in Subsection (5)], the
381 primary election under Subsection (1)(a) shall be held at the earliest of the next:
382 (i) regular general election under Section 20A-1-201 ;
383 (ii) municipal primary election under Section 20A-9-404 ;
384 (iii) municipal general election under Section 20A-1-202 ; or
385 (iv) special election under Section 20A-1-204 .
386 (b) Notwithstanding Subsection (3)(a), the primary election under Subsection (1)(a)
387 may not be held until 75 days after the incorporation election under Section 10-2-111 .
388 (4) [Except as provided in Subsection (5), the] The final election under Subsection
389 (1)(b) shall be held at the next special election date under Section 20A-1-204 :
390 (a) after the primary election; or
391 (b) if there is no primary election, more than 75 days after the incorporation election
392 under Section 10-2-111 .
393 [(5) Notwithstanding Subsections (3) and (4), the county legislative body may hold the
394 primary and final elections required under Subsection (1) on the dates provided for the next
395 municipal primary election under Section 20A-9-404 and the next municipal general election
396 under Section 20A-1-202 , respectively, after the incorporation election, if:]
397 [(a) with the results under Subsection 10-2-114 (1)(d), the petition sponsors submit to

398 the county legislative body a written request to that effect; and]
399 [(b) the incorporation election under Section 10-2-111 took place in February or May
400 of an odd-numbered year.]
401 [(6)] (5) (a) (i) The county clerk shall publish notice of an election under this section:
402 (A) at least once a week for two successive weeks in a newspaper of general circulation
403 within the future city; and
404 (B) in accordance with Section 45-1-101 for two weeks.
405 (ii) The later notice under Subsection [(6)] (5)(a)(i) shall be at least one day but no
406 more than seven days before the election.
407 (b) (i) In accordance with Subsection [(6)] (5)(a)(i)(A), if there is no newspaper of
408 general circulation within the future city, the county clerk shall post at least one notice of the
409 election per 1,000 population in conspicuous places within the future city that are most likely
410 to give notice of the election to the voters.
411 (ii) The county clerk shall post the notices under Subsection [(6)] (5)(b)(i) at least
412 seven days before each election under Subsection (1).
413 [(7)] (6) Until the city is incorporated, the county clerk is the election officer for all
414 purposes in an election of officers of the city approved at an incorporation election.
415 Section 9. Section 10-2-125 is amended to read:
416 10-2-125. Incorporation of a town -- Petition.
417 (1) As used in this section:
418 (a) "Assessed value," with respect to agricultural land, means the value at which the
419 land would be assessed without regard to a valuation for agricultural use under Section
420 59-2-503 .
421 [(b) "Financial feasibility study" means a study to determine:]
422 [(i) the projected revenues for the proposed town during the first three years after
423 incorporation; and]
424 [(ii) the projected costs, including overhead, that the proposed town will incur in
425 providing governmental services during the first three years after incorporation.]
426 [(c)] (b) "Municipal service" means a publicly provided service that is not provided on
427 a countywide basis.
428 [(d)] (c) "Nonurban" means having a residential density of less than one unit per acre.

429 (2) (a) (i) A contiguous area of a county not within a municipality, with a population of
430 at least 100 but less than 1,000, may incorporate as a town as provided in this section.
431 (ii) An area within a county of the first class is not contiguous for purposes of
432 Subsection (2)(a)(i) if:
433 (A) the area includes a strip of land that connects geographically separate areas; and
434 (B) the distance between the geographically separate areas is greater than the average
435 width of the strip of land connecting the geographically separate areas.
436 (b) The population figure under Subsection (2)(a) shall be determined:
437 (i) as of the date the incorporation petition is filed; and
438 (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
439 certification under Subsection (6) of a petition filed under Subsection (4).
440 (3) (a) The process to incorporate an area as a town is initiated by filing a [request for a
441 public hearing with the clerk of the county in which the area is located] petition to incorporate
442 the area as a town with the clerk of the county in which the area is located.
443 [(b) Each request for a public hearing under Subsection (3)(a) shall:]
444 [(i) be signed by the owners of at least five separate parcels of private real property,
445 each owned by a different owner, located within the area proposed to be incorporated; and]
446 [(ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
447 town.]
448 [(c) Within 10 days after a request for a public hearing is filed under Subsection (3)(a),
449 the county clerk shall, with the assistance of other county officers from whom the clerk
450 requests assistance, determine whether the petition complies with the requirements of
451 Subsection (3)(b).]
452 [(d) If the clerk determines that a request under Subsection (3)(a) fails to comply with
453 the requirements of Subsection (3)(b), the clerk shall reject the request and deliver written
454 notice of the rejection to the signers of the request.]
455 [(e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
456 requirements of Subsection (3)(b), the clerk shall:]
457 [(A) schedule and arrange for a public hearing to be held:]
458 [(I) (Aa) at a public facility located within the boundary of the proposed town; or]
459 [(Bb) if there is no public facility within the boundary of the proposed town, at another

460 nearby public facility or at the county seat; and]
461 [(II) within 20 days after the clerk provides the last notice required under Subsection
462 (3)(e)(i)(B); and]
463 [(B) no later than 10 days after the clerk determines that a request complies with the
464 requirements of Subsection (3)(b), give notice of the public hearing on the proposed
465 incorporation by:]
466 [(I) posting notice of the public hearing on the county's Internet website, if the county
467 has an Internet website;]
468 [(II) (Aa) publishing notice of the public hearing at least once a week for two
469 consecutive weeks in a newspaper of general circulation within the proposed town; or]
470 [(Bb) if there is no newspaper of general circulation within the proposed town, posting
471 notice of the public hearing in at least five conspicuous public places within the proposed
472 town; and]
473 [(III) publishing notice of the public hearing on the Utah Public Notice Website created
474 in Section 63F-1-701 .]
475 [(ii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair
476 of the county commission or council, or the chair's designee, to:]
477 [(A) introduce the concept of the proposed incorporation to the public;]
478 [(B) allow the public to review the map or plat of the boundary of the proposed town;]
479 [(C) allow the public to ask questions and become informed about the proposed
480 incorporation; and]
481 [(D) allow the public to express their views about the proposed incorporation,
482 including their views about the boundary of the area proposed to be incorporated.]
483 [(4) (a) At any time within three months after the public hearing under Subsection
484 (3)(e), a petition to incorporate the area as a town may be filed with the clerk of the county in
485 which the area is located.]
486 (b) [Each] A petition under Subsection [(4)] (3)(a) shall:
487 (i) be signed by:
488 (A) the owners of private real property that:
489 (I) is located within the area proposed to be incorporated; and
490 [(II) covers a majority of the total private land area within the area;]

491 [(III)] (II) is equal in assessed value to more than [1/2] 1/8 of the assessed value of all
492 private real property within the area; and
493 [(IV) consists, in number of parcels, of at least 1/3 1/8 of the number of all parcels of
494 private real property within the area proposed to be incorporated; and]
495 (B) [a majority] 1/8 of all registered voters within the area proposed to be incorporated
496 as a town, according to the official voter registration list maintained by the county on the date
497 the petition is filed;
498 (ii) designate as sponsors at least five of the property owners who have signed the
499 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
500 each owner signing as a sponsor;
501 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
502 licensed surveyor, showing a legal description of the boundary of the proposed town; and
503 (iv) substantially comply with and be circulated in the following form:
504 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
505 town)
506 To the Honorable County Legislative Body of (insert the name of the county in which
507 the proposed town is located) County, Utah:
508 We, the undersigned owners of real property and registered voters within the area
509 described in this petition, respectfully petition the county legislative body [for the area
510 described in this petition to be incorporated] to submit to the registered voters residing within
511 the area described in this petition, at the next regular general election, the question of whether
512 the area should incorporate as a town. Each of the undersigned affirms that each has personally
513 signed this petition and is an owner of real property or a registered voter residing within the
514 described area, and that the current residence address of each is correctly written after the
515 signer's name. The area proposed to be incorporated as a town is described as follows: (insert
516 an accurate description of the area proposed to be incorporated).
517 (c) A petition under this Subsection [(4)] (3) may not describe an area that includes
518 some or all of an area proposed for annexation in an annexation petition under Section
519 10-2-403 that:
520 (i) was filed before the filing of the petition; and
521 (ii) is still pending on the date the petition is filed.

522 (d) A petition may not be filed under this section if the private real property owned by
523 the petition sponsors, designated under Subsection [(4)] (3)(b)(ii), cumulatively exceeds 40%
524 of the total private land area within the area proposed to be incorporated as a town.
525 (e) A signer of a petition under this Subsection [(4)] (3) may withdraw or, after
526 withdrawn, reinstate the signer's signature on the petition:
527 (i) at any time until the county clerk certifies the petition under Subsection [(6)] (5);
528 and
529 (ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
530 [(5)] (4) (a) If a petition is filed under Subsection [(4)] (3)(a) proposing to incorporate
531 as a town an area located within a county of the first class, the county clerk shall deliver written
532 notice of the proposed incorporation:
533 (i) to each owner of private real property owning more than 1% of the assessed value
534 of all private real property within the area proposed to be incorporated as a town; and
535 (ii) within seven calendar days after the date on which the petition is filed.
536 (b) A private real property owner described in Subsection [(5)] (4)(a)(i) may exclude
537 all or part of the owner's property from the area proposed to be incorporated as a town by filing
538 a notice of exclusion:
539 (i) with the county clerk; and
540 (ii) within 10 calendar days after receiving the clerk's notice under Subsection [(5)]
541 (4)(a).
542 (c) The county legislative body shall exclude from the area proposed to be incorporated
543 as a town the property identified in the notice of exclusion under Subsection [(5)] (4)(b) if:
544 (i) the property:
545 (A) is nonurban; and
546 (B) does not and will not require a municipal service; and
547 (ii) exclusion will not leave an unincorporated island within the proposed town.
548 (d) If the county legislative body excludes property from the area proposed to be
549 incorporated as a town, the county legislative body shall send written notice of the exclusion to
550 the contact sponsor within five days after the exclusion.
551 [(6) Within] (5) No later than 20 days after the filing of a petition under Subsection
552 [(4)] (3), the county clerk shall:

553 (a) with the assistance of other county officers from whom the clerk requests
554 assistance, determine whether the petition complies with the requirements of Subsection [(4)]
555 (3); and
556 (b) (i) if the clerk determines that the petition complies with those requirements:
557 (A) certify the petition and deliver the certified petition to the county legislative body;
558 and
559 (B) mail or deliver written notification of the certification to:
560 (I) the contact sponsor;
561 (II) if applicable, the chair of the planning commission of each township in which any
562 part of the area proposed for incorporation is located; and
563 (III) the Utah Population Estimates Committee; or
564 (ii) if the clerk determines that the petition fails to comply with any of those
565 requirements, reject the petition and notify the contact sponsor in writing of the rejection and
566 the reasons for the rejection.
567 [(7)] (6) (a) (i) A petition that is rejected under Subsection [(6)] (5)(b)(ii) may be
568 amended to correct a deficiency for which it was rejected and then refiled with the county
569 clerk.
570 (ii) A valid signature on a petition filed under Subsection [(4)] (3)(a) may be used
571 toward fulfilling the signature requirement of Subsection [(4)] (3)(b) for the same petition that
572 is amended under Subsection [(7)] (6)(a)(i) and then refiled with the county clerk.
573 (b) If a petition is amended and refiled under Subsection [(7)] (6)(a)(i) after having
574 been rejected by the county clerk under Subsection [(6)] (5)(b)(ii):
575 (i) the amended petition shall be considered as a newly filed petition; and
576 (ii) the amended petition's processing priority is determined by the date on which it is
577 refiled.
578 [(8) (a) (i) The legislative body of a county with which a petition is filed under
579 Subsection (4) may, at its option and upon the petition being certified under Subsection (6),
580 commission and pay for a financial feasibility study.]
581 [(ii) If the county legislative body chooses to commission a financial feasibility study,
582 the county legislative body shall:]
583 [(A) within 20 days after the incorporation petition is certified, select and engage a

584 feasibility consultant; and]
585 [(B) require the feasibility consultant to complete the financial feasibility study and
586 submit written results of the study to the county legislative body no later than 30 days after the
587 feasibility consultant is engaged to conduct the financial feasibility study.]
588 [(b) If the county legislative body has commissioned a financial feasibility study under
589 Subsection (8)(a)(i), the county legislative body shall approve a petition proposing the
590 incorporation of a town and hold an election for town officers, as provided in Subsection (9),
591 if:]
592 [(i) the county clerk has certified the petition under Subsection (6); and]
593 [(ii) (A) the results of the financial feasibility study described in Subsection (8)(a)(i)
594 show that the average annual amount of revenues described in Subsection (1)(b)(i) does not
595 exceed the average annual amount of costs described in Subsection (1)(b)(ii) by more than
596 15%; or]
597 [(B) the results of the financial feasibility study described in Subsection (8)(a)(i) show
598 that the average annual amount of costs described in Subsection (1)(b)(ii) does not exceed the
599 average annual amount of revenues described in Subsection (1)(b)(i) by more than 15%.]
600 [(c) (i) If the results of the financial feasibility study described in Subsection (8)(a)(i)
601 show that the average annual amount of revenues described in Subsection (1)(b)(i) exceeds the
602 average annual amount of costs described in Subsection (1)(b)(ii) by more than 15%, the
603 county legislative body may:]
604 [(A) deny the petition, in accordance with Subsection (8)(c)(iii), if the results of the
605 financial feasibility study show that the average annual amount of revenues described in
606 Subsection (1)(b)(i) exceeds the average annual amount of costs described in Subsection
607 (1)(b)(ii) by more than 15%; or]
608 [(B) (I) with the consent of the petition sponsors:]
609 [(Aa) impose conditions to prevent the average annual amount of revenues described in
610 Subsection (1)(b)(i) from exceeding the average annual amount of costs described in
611 Subsection (1)(b)(ii) by more than 15%; or]
612 [(Bb) alter the boundaries of the area proposed to be incorporated as a town to
613 approximate the boundaries necessary to prevent the average annual amount of revenues
614 described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described

615 in Subsection (1)(b)(ii) by more than 15%; and]
616 [(II) approve the incorporation petition and hold an election for town officers, as
617 provided in Subsection (9).]
618 [(ii) If the results of the financial feasibility study described in Subsection (8)(a)(i)
619 show that the average annual amount of costs described in Subsection (1)(b)(ii) exceeds the
620 average annual amount of revenues described in Subsection (1)(b)(i) by more than 15%, the
621 county legislative body shall:]
622 [(A) approve the petition;]
623 [(B) deny the petition in accordance with Subsection (8)(c)(iii); or]
624 [(C) (I) with the consent of the petition sponsors:]
625 [(Aa) impose conditions to prevent the average annual amount of costs described in
626 Subsection (1)(b)(ii) from exceeding the average annual amount of revenues described in
627 Subsection (1)(b)(i) by more than 15%; or]
628 [(Bb) alter the boundaries of the area proposed to be incorporated as a town to
629 approximate the boundaries necessary to prevent the average annual amount of costs described
630 in Subsection (1)(b)(ii) from exceeding the average annual amount of revenues described in
631 Subsection (1)(b)(i) by more than 15%; and]
632 [(II) approve the incorporation petition and hold an election for town officers, as
633 provided in Subsection (9).]
634 [(iii) A county legislative body intending to deny a petition under Subsection
635 (8)(c)(i)(A) or (8)(c)(ii)(B) shall deny the petition within 20 days after the feasibility consultant
636 submits the written results of the financial feasibility study.]
637 [(d) Each town that incorporates pursuant to a petition approved after the county
638 legislative body imposes conditions under Subsection (8)(c)(i)(B)(I)(Aa) or (8)(c)(ii)(C)(I)(Aa)
639 shall comply with those conditions.]
640 [(9) (a) The legislative body of the county in which the proposed new town is located
641 shall hold the election for town officers provided for in Subsection (8) within:]
642 [(i) 45 days after the day on which the feasibility consultant submits the written results
643 of the financial feasibility study, for an election under Subsection (8)(b); or]
644 [(ii) 60 days after the day on which the feasibility consultant submits the written results
645 of the financial feasibility study, for an election under Subsection (8)(c)(i)(B)(II) or

646 (8)(c)(ii)(B)(II).]
647 [(b) The officers elected at an election under Subsection (9)(a) shall take office:]
648 [(i) at noon on the first Monday in January next following the election, if the election is
649 held on a regular general or municipal general election date; or]
650 [(ii) at noon on the first day of the month next following the effective date of the
651 incorporation under Subsection (12), if the election of officers is held on any other date.]
652 [(10) Each newly incorporated town shall operate under the five-member council form
653 of government as defined in Section 10-3b-102 .]
654 [(11) The mayor-elect of the future town shall:]
655 [(a) within 30 days after the canvass of the election of town officers under Subsection
656 (9), file with the lieutenant governor:]
657 [(i) a copy of a notice of an impending boundary action, as defined in Section
658 67-1a-6.5 , that meets the requirements of Subsection 67-1a-6.5 (3); and]
659 [(ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and]
660 [(b) upon the lieutenant governor's issuance of a certificate of incorporation under
661 Section 67-1a-6.5 :]
662 [(i) if the town is located within the boundary of a single county, submit to the recorder
663 of that county the original:]
664 [(A) notice of an impending boundary action;]
665 [(B) certificate of incorporation; and]
666 [(C) approved final local entity plat; or]
667 [(ii) if the town is located within the boundaries of more than a single county, submit
668 the original of the documents listed in Subsections (11)(b)(i)(A), (B), and (C) to one of those
669 counties and a certified copy of those documents to each other county.]
670 [(12) (a) A new town is incorporated:]
671 [(i) on December 31 of the year in which the lieutenant governor issues a certificate of
672 incorporation under Section 67-1a-6.5 , if the election of town officers under Subsection (9) is
673 held on a regular general or municipal general election date; or]
674 [(ii) on the last day of the month during which the lieutenant governor issues a
675 certificate of incorporation under Section 67-1a-6.5 , if the election of town officers under
676 Subsection (9) is held on any other date.]

677 [(b) (i) The effective date of an incorporation for purposes of assessing property within
678 the new town is governed by Section 59-2-305.5 .]
679 [(ii) Until the documents listed in Subsection (11)(b) are recorded in the office of the
680 recorder of each county in which the property is located, a newly incorporated town may not:]
681 [(A) levy or collect a property tax on property within the town;]
682 [(B) levy or collect an assessment on property within the town; or]
683 [(C) charge or collect a fee for service provided to property within the town.]
684 [(13) For each petition filed before March 5, 2008:]
685 [(a) the petition is subject to and governed by the law in effect at the time the petition
686 was filed; and]
687 [(b) the law in effect at the time the petition was filed governs in all administrative and
688 judicial proceedings relating to the petition.]
689 Section 10. Section 10-2-126 is enacted to read:
690 10-2-126. Incorporation of town -- Public hearing on feasibility.
691 (1) If, in accordance with Section 10-2-125 , the county clerk certifies a petition for
692 incorporation or an amended petition for incorporation, the county legislative body shall, at its
693 next regular meeting after receipt of a certified petition, schedule a public hearing to:
694 (a) be held no later than 60 days after the day on which the legislative body receives the
695 certified petition; and
696 (b) consider, in accordance with Subsection (3)(b), the feasibility of incorporation for
697 the proposed town.
698 (2) The county legislative body shall give notice of the public hearing on the proposed
699 incorporation by:
700 (a) posting notice of the public hearing on the county's Internet website, if the county
701 has an Internet website;
702 (b) (i) publishing notice of the public hearing at least once a week for two consecutive
703 weeks in a newspaper of general circulation within the proposed town; or
704 (ii) if there is no newspaper of general circulation within the proposed town, posting
705 notice of the public hearing in at least five conspicuous public places within the proposed
706 town; and
707 (c) publishing notice of the public hearing on the Utah Public Notice Website created

708 in Section 63F-1-701 .
709 (3) At the public hearing scheduled in accordance with Subsection (1), the county
710 legislative body shall:
711 (a) allow the public to:
712 (i) review the map or plat of the boundary of the proposed town;
713 (ii) ask questions and become informed about the proposed incorporation; and
714 (iii) express their views about the proposed incorporation, including their views about
715 the boundary of the area proposed to be incorporated; and
716 (b) consider:
717 (i) the population and population density within the area proposed for incorporation
718 and the surrounding area;
719 (ii) whether the proposed boundaries eliminate or create an unincorporated island or
720 peninsula;
721 (iii) the projected fiscal impact on unincorporated areas, local districts, special service
722 districts, and other governmental entities in the county;
723 (iv) current and five-year projections of demographics and economic base in the
724 proposed town and surrounding area, including household size and income, commercial and
725 industrial development, and public facilities;
726 (v) projected growth in the proposed town and in adjacent areas during the next five
727 years; and
728 (vi) the present and five-year projected revenue for the proposed town.
729 (4) For purposes of Subsection (3)(b)(vi), the legislative body shall assume ad valorem
730 property tax rates on residential property within the proposed town at the same level at which
731 they would have been without the incorporation.
732 (5) The county legislative body shall publish the hearing minutes and a summary of the
733 hearing on the county's Internet website, if the county has a website, and provide a copy of the
734 minutes and summary for public review at the legislative body's county office.
735 Section 11. Section 10-2-127 is enacted to read:
736 10-2-127. Incorporation of town -- Election to incorporate -- Ballot form.
737 (1) (a) At the next regular general election, as defined in Section 20A-1-102 , more than
738 60 days after the public hearing described in Section 10-2-126 , the county legislative body shall

739 hold an election on the proposed incorporation.
740 (b) Unless a person is a registered voter who resides, as defined in Section 20A-1-102 ,
741 within the boundaries of the proposed town, the person may not vote on the proposed
742 incorporation.
743 (2) (a) The county clerk shall publish notice of the election:
744 (i) in a newspaper of general circulation, within the area proposed to be incorporated,
745 at least once a week for three successive weeks; and
746 (ii) in accordance with Section 45-1-101 for three weeks.
747 (b) The notice required by Subsection (2)(a) shall contain:
748 (i) a statement of the contents of the petition;
749 (ii) a description of the area proposed to be incorporated as a town;
750 (iii) a statement of the date and time of the election and the location of polling places;
751 and
752 (iv) the county Internet website address, if applicable, and the address of the county
753 office where the feasibility hearing minutes and summary, in accordance with Section
754 10-2-126 , are available.
755 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
756 one day but no more than seven days before the election.
757 (d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
758 circulation within the proposed town, the county clerk shall post at least one notice of the
759 election per 100 population in conspicuous places within the proposed town that are most
760 likely to give notice of the election to the voters of the proposed town.
761 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
762 the election under Subsection (1)(a).
763 (3) The ballot at the incorporation election shall pose the incorporation question
764 substantially as follows:
765 Shall the area described as (insert a description of the proposed town) be incorporated
766 as the town of (insert the proposed name of the proposed town)?
767 (4) The ballot shall provide a space for the voter to answer yes or no to the question in
768 Subsection (3).
769 (5) If a majority of those casting votes within the area boundaries of the proposed town

770 vote to incorporate as a town, the area shall incorporate.
771 Section 12. Section 10-2-128 is enacted to read:
772 10-2-128. Form of government -- Election of officers of new town.
773 (1) A newly incorporated town shall operate under the five-member council form of
774 government as defined in Section 10-3b-102 .
775 (2) (a) The county legislative body of the county in which a newly incorporated town is
776 located shall hold an election for town officers at the next special election after the regular
777 general election in which the town incorporation is approved.
778 (b) The officers elected at an election described in Subsection (2)(a) shall take office at
779 noon on the first Monday in January next following the special election described in
780 Subsection (2)(a).
781 Section 13. Section 10-2-129 is enacted to read:
782 10-2-129. Notice to lieutenant governor -- Effective date of incorporation -- Effect
783 of recording documents.
784 (1) The mayor-elect of the future town shall:
785 (a) within 30 days after the canvass of the election of town officers under Section
786 10-2-128 , file with the lieutenant governor:
787 (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5 ,
788 that meets the requirements of Subsection 67-1a-6.5 (3); and
789 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5 ; and
790 (b) upon the lieutenant governor's issuance of a certificate of incorporation under
791 Section 67-1a-6.5 :
792 (i) if the town is located within the boundary of a single county, submit to the recorder
793 of that county the original:
794 (A) notice of an impending boundary action;
795 (B) certificate of incorporation; and
796 (C) approved final local entity plat; or
797 (ii) if the town is located within the boundaries of more than a single county, submit
798 the original of the documents listed in Subsections (1)(b)(i)(A), (B), and (C) to one of those
799 counties and a certified copy of those documents to each other county.
800 (2) (a) A new town is incorporated:

801 (i) on December 31 of the year in which the lieutenant governor issues a certificate of
802 incorporation under Section 67-1a-6.5 , if the election of town officers under Section 10-2-128
803 is held on a regular general or municipal general election date; or
804 (ii) on the last day of the month during which the lieutenant governor issues a
805 certificate of incorporation under Section 67-1a-6.5 , if the election of town officers under
806 Section 10-2-128 is held on any other date.
807 (b) (i) The effective date of an incorporation for purposes of assessing property within
808 the new town is governed by Section 59-2-305.5 .
809 (ii) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
810 recorder of each county in which the property is located, a newly incorporated town may not:
811 (A) levy or collect a property tax on property within the town;
812 (B) levy or collect an assessment on property within the town; or
813 (C) charge or collect a fee for service provided to property within the town.
814 Section 14. Section 10-2-403 is amended to read:
815 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
816 (1) Except as provided in Section 10-2-418 , the process to annex an unincorporated
817 area to a municipality is initiated by a petition as provided in this section.
818 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
819 annexation of an area located in a county of the first class, the person or persons intending to
820 file a petition shall:
821 (A) file with the city recorder or town clerk of the proposed annexing municipality a
822 notice of intent to file a petition; and
823 (B) send a copy of the notice of intent to each affected entity.
824 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
825 area that is proposed to be annexed.
826 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
827 annexed is located shall:
828 (A) mail the notice described in Subsection (2)(b)(iii) to:
829 (I) each owner of real property located within the area proposed to be annexed; and
830 (II) each owner of real property located within 300 feet of the area proposed to be
831 annexed; and

832 (B) send to the proposed annexing municipality a copy of the notice and a certificate
833 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
834 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
835 days after receiving from the person or persons who filed the notice of intent:
836 (A) a written request to mail the required notice; and
837 (B) payment of an amount equal to the county's expected actual cost of mailing the
838 notice.
839 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
840 (A) be in writing;
841 (B) state, in bold and conspicuous terms, substantially the following:
842 "Attention: Your property may be affected by a proposed annexation.
843 Records show that you own property within an area that is intended to be included in a
844 proposed annexation to (state the name of the proposed annexing municipality) or that is within
845 300 feet of that area. If your property is within the area proposed for annexation, you may be
846 asked to sign a petition supporting the annexation. You may choose whether or not to sign the
847 petition. By signing the petition, you indicate your support of the proposed annexation. If you
848 sign the petition but later change your mind about supporting the annexation, you may
849 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
850 of (state the name of the proposed annexing municipality) within 30 days after (state the name
851 of the proposed annexing municipality) receives notice that the petition has been certified.
852 There will be no public election on the proposed annexation because Utah law does not
853 provide for an annexation to be approved by voters at a public election. Signing or not signing
854 the annexation petition is the method under Utah law for the owners of property within the area
855 proposed for annexation to demonstrate their support of or opposition to the proposed
856 annexation.
857 You may obtain more information on the proposed annexation by contacting (state the
858 name, mailing address, telephone number, and email address of the official or employee of the
859 proposed annexing municipality designated to respond to questions about the proposed
860 annexation), (state the name, mailing address, telephone number, and email address of the
861 county official or employee designated to respond to questions about the proposed annexation),
862 or (state the name, mailing address, telephone number, and email address of the person who

863 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
864 notice of intent, one of those persons). Once filed, the annexation petition will be available for
865 inspection and copying at the office of (state the name of the proposed annexing municipality)
866 located at (state the address of the municipal offices of the proposed annexing municipality).";
867 and
868 (C) be accompanied by an accurate map identifying the area proposed for annexation.
869 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
870 other information or materials related or unrelated to the proposed annexation.
871 (c) (i) After receiving the certificate from the county as provided in Subsection
872 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
873 who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
874 the annexation proposed in the notice of intent.
875 (ii) An annexation petition provided by the proposed annexing municipality may be
876 duplicated for circulation for signatures.
877 (3) Each petition under Subsection (1) shall:
878 (a) be filed with the city recorder or town clerk, as the case may be, of the proposed
879 annexing municipality;
880 (b) contain the signatures of:
881 (i) the owners of private real property that:
882 (A) is located within the area proposed for annexation;
883 (B) (I) subject to Subsection (3)(b)(i)(B)(II), covers a majority of the private land area
884 within the area proposed for annexation; and
885 (II) covers 100% of the private land area within the area proposed for annexation, if the
886 area is within:
887 (Aa) an agriculture protection area created under Title 17, Chapter 41, Agriculture and
888 Industrial Protection Areas; or
889 (Bb) a migratory bird production area created under Title 23, Chapter 28, Migratory
890 Bird Production Area; and
891 (C) is equal in value to at least 1/3 of the value of all private real property within the
892 area proposed for annexation; or
893 (ii) if all the real property within the area proposed for annexation is owned by a public

894 entity other than the federal government, the owner of all the publicly owned real property;
895 (c) if the petition proposes the annexation of an area located within a township, explain
896 that if the annexation petition is granted, the area will also be withdrawn from the township;
897 (d) be accompanied by:
898 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
899 proposed for annexation; and
900 (ii) a copy of the notice sent to affected entities as required under Subsection
901 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
902 (e) if the area proposed to be annexed is located in a county of the first class, contain
903 on each signature page a notice in bold and conspicuous terms that states substantially the
904 following:
905 "Notice:
906 * There will be no public election on the annexation proposed by this petition because
907 Utah law does not provide for an annexation to be approved by voters at a public election.
908 * If you sign this petition and later decide that you do not support the petition, you may
909 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
910 of (state the name of the proposed annexing municipality). If you choose to withdraw your
911 signature, you shall do so no later than 30 days after (state the name of the proposed annexing
912 municipality) receives notice that the petition has been certified.";
913 (f) if the petition proposes the annexation of an area located in a county that is not the
914 county in which the proposed annexing municipality is located, be accompanied by a copy of
915 the resolution, required under Subsection 10-2-402 (6), of the legislative body of the county in
916 which the area is located; and
917 (g) designate up to five of the signers of the petition as sponsors, one of whom shall be
918 designated as the contact sponsor, and indicate the mailing address of each sponsor.
919 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
920 area proposed for annexation to a municipality in a previously filed petition that has not been
921 denied, rejected, or granted.
922 (5) A petition under Subsection (1) proposing the annexation of an area located in a
923 county of the first class may not propose the annexation of an area that includes some or all of
924 an area proposed to be incorporated in a request for [a feasibility study] incorporation under

925 Section 10-2-103 or a petition under Section 10-2-125 if:
926 (a) the request or petition was filed before the filing of the annexation petition; and
927 (b) the request, a petition under Section 10-2-109 based on that request, or a petition
928 under Section 10-2-125 is still pending on the date the annexation petition is filed.
929 (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
930 be drawn:
931 (a) along the boundaries of existing local districts and special service districts for
932 sewer, water, and other services, along the boundaries of school districts whose boundaries
933 follow city boundaries or school districts adjacent to school districts whose boundaries follow
934 city boundaries, and along the boundaries of other taxing entities;
935 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
936 services;
937 (c) to facilitate the consolidation of overlapping functions of local government;
938 (d) to promote the efficient delivery of services; and
939 (e) to encourage the equitable distribution of community resources and obligations.
940 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
941 petition to:
942 (a) the clerk of the county in which the area proposed for annexation is located; and
943 (b) if any of the area proposed for annexation is within a township:
944 (i) the legislative body of the county in which the township is located; and
945 (ii) the chair of the township planning commission.
946 (8) A property owner who signs an annexation petition proposing to annex an area
947 located in a county of the first class may withdraw the owner's signature by filing a written
948 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
949 days after the municipal legislative body's receipt of the notice of certification under
950 Subsection 10-2-405 (2)(c)(i).
951 Section 15. Section 17-27a-302 is amended to read:
952 17-27a-302. Planning commission powers and duties.
953 (1) Each countywide or township planning commission shall, with respect to the
954 unincorporated area of the county, or the township, make a recommendation to the county
955 legislative body for:

956 (a) a general plan and amendments to the general plan;
957 (b) land use ordinances, zoning maps, official maps, and amendments;
958 (c) an appropriate delegation of power to at least one designated land use authority to
959 hear and act on a land use application;
960 (d) an appropriate delegation of power to at least one appeal authority to hear and act
961 on an appeal from a decision of the land use authority; and
962 (e) application processes that:
963 (i) may include a designation of routine land use matters that, upon application and
964 proper notice, will receive informal streamlined review and action if the application is
965 uncontested; and
966 (ii) shall protect the right of each:
967 (A) applicant and third party to require formal consideration of any application by a
968 land use authority;
969 (B) applicant, adversely affected party, or county officer or employee to appeal a land
970 use authority's decision to a separate appeal authority; and
971 (C) participant to be heard in each public hearing on a contested application.
972 (2) The planning commission of a township under this part may recommend to the
973 legislative body of the county in which the township is located[: (a) that the legislative body
974 support or oppose a proposed incorporation of an area located within the township, as provided
975 in Subsection 10-2-105 (4); or (b)] that the legislative body file a protest to a proposed
976 annexation of an area located within the township, as provided in Subsection 10-2-407 (1)(b).
977 Section 16. Section 20A-1-102 is amended to read:
978 20A-1-102. Definitions.
979 As used in this title:
980 (1) "Active voter" means a registered voter who has not been classified as an inactive
981 voter by the county clerk.
982 (2) "Automatic tabulating equipment" means apparatus that automatically examines
983 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
984 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
985 upon which a voter records the voter's votes.
986 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy

987 envelopes.
988 (4) "Ballot sheet":
989 (a) means a ballot that:
990 (i) consists of paper or a card where the voter's votes are marked or recorded; and
991 (ii) can be counted using automatic tabulating equipment; and
992 (b) includes punch card ballots and other ballots that are machine-countable.
993 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
994 (a) contain the names of offices and candidates and statements of ballot propositions to
995 be voted on; and
996 (b) are used in conjunction with ballot sheets that do not display that information.
997 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
998 on the ballot for their approval or rejection including:
999 (a) an opinion question specifically authorized by the Legislature;
1000 (b) a constitutional amendment;
1001 (c) an initiative;
1002 (d) a referendum;
1003 (e) a bond proposition;
1004 (f) a judicial retention question; [or]
1005 (g) an incorporation of a city or town; or
1006 [(g)] (h) any other ballot question specifically authorized by the Legislature.
1007 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
1008 20A-4-306 to canvass election returns.
1009 (8) "Bond election" means an election held for the purpose of approving or rejecting
1010 the proposed issuance of bonds by a government entity.
1011 (9) "Book voter registration form" means voter registration forms contained in a bound
1012 book that are used by election officers and registration agents to register persons to vote.
1013 (10) "By-mail voter registration form" means a voter registration form designed to be
1014 completed by the voter and mailed to the election officer.
1015 (11) "Canvass" means the review of election returns and the official declaration of
1016 election results by the board of canvassers.
1017 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at

1018 the canvass.
1019 (13) "Contracting election officer" means an election officer who enters into a contract
1020 or interlocal agreement with a provider election officer.
1021 (14) "Convention" means the political party convention at which party officers and
1022 delegates are selected.
1023 (15) "Counting center" means one or more locations selected by the election officer in
1024 charge of the election for the automatic counting of ballots.
1025 (16) "Counting judge" means a poll worker designated to count the ballots during
1026 election day.
1027 (17) "Counting poll watcher" means a person selected as provided in Section
1028 20A-3-201 to witness the counting of ballots.
1029 (18) "Counting room" means a suitable and convenient private place or room,
1030 immediately adjoining the place where the election is being held, for use by the poll workers
1031 and counting judges to count ballots during election day.
1032 (19) "County officers" means those county officers that are required by law to be
1033 elected.
1034 (20) "Date of the election" or "election day" or "day of the election":
1035 (a) means the day that is specified in the calendar year as the day that the election
1036 occurs; and
1037 (b) does not include:
1038 (i) deadlines established for absentee voting; or
1039 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
1040 Voting.
1041 (21) "Elected official" means:
1042 (a) a person elected to an office under Section 20A-1-303 ;
1043 (b) a person who is considered to be elected to a municipal office in accordance with
1044 Subsection 20A-1-206 (1)(c)(ii); or
1045 (c) a person who is considered to be elected to a local district office in accordance with
1046 Subsection 20A-1-206 (3)(c)(ii).
1047 (22) "Election" means a regular general election, a municipal general election, a
1048 statewide special election, a local special election, a regular primary election, a municipal

1049 primary election, and a local district election.
1050 (23) "Election Assistance Commission" means the commission established by Public
1051 Law 107-252, the Help America Vote Act of 2002.
1052 (24) "Election cycle" means the period beginning on the first day persons are eligible to
1053 file declarations of candidacy and ending when the canvass is completed.
1054 (25) "Election judge" means a poll worker that is assigned to:
1055 (a) preside over other poll workers at a polling place;
1056 (b) act as the presiding election judge; or
1057 (c) serve as a canvassing judge, counting judge, or receiving judge.
1058 (26) "Election officer" means:
1059 (a) the lieutenant governor, for all statewide ballots and elections;
1060 (b) the county clerk for:
1061 (i) a county ballot and election; and
1062 (ii) a ballot and election as a provider election officer as provided in Section
1063 20A-5-400.1 or 20A-5-400.5 ;
1064 (c) the municipal clerk for:
1065 (i) a municipal ballot and election; and
1066 (ii) a ballot and election as a provider election officer as provided in Section
1067 20A-5-400.1 or 20A-5-400.5 ;
1068 (d) the local district clerk or chief executive officer for:
1069 (i) a local district ballot and election; and
1070 (ii) a ballot and election as a provider election officer as provided in Section
1071 20A-5-400.1 or 20A-5-400.5 ; or
1072 (e) the business administrator or superintendent of a school district for:
1073 (i) a school district ballot and election; and
1074 (ii) a ballot and election as a provider election officer as provided in Section
1075 20A-5-400.1 or 20A-5-400.5 .
1076 (27) "Election official" means:
1077 (a) for an election other than a bond election, the count of votes cast in the election and
1078 the election returns requested by the board of canvassers; or
1079 (b) any election officer, election judge, or poll worker.

1080 (28) "Election results" means:
1081 (a) for an election other than a bond election, the count of votes cast in the election and
1082 the election returns requested by the board of canvassers; or
1083 (b) for bond elections, the count of those votes cast for and against the bond
1084 proposition plus any or all of the election returns that the board of canvassers may request.
1085 (29) "Election returns" includes the pollbook, all affidavits of registration, the military
1086 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
1087 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
1088 spoiled ballots, the ballot disposition form, and the total votes cast form.
1089 (30) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
1090 device or other voting device that records and stores ballot information by electronic means.
1091 (31) "Electronic signature" means an electronic sound, symbol, or process attached to
1092 or logically associated with a record and executed or adopted by a person with the intent to sign
1093 the record.
1094 (32) (a) "Electronic voting device" means a voting device that uses electronic ballots.
1095 (b) "Electronic voting device" includes a direct recording electronic voting device.
1096 (33) "Inactive voter" means a registered voter who has:
1097 (a) been sent the notice required by Section 20A-2-306 ; and
1098 (b) failed to respond to that notice.
1099 (34) "Inspecting poll watcher" means a person selected as provided in this title to
1100 witness the receipt and safe deposit of voted and counted ballots.
1101 (35) "Judicial office" means the office filled by any judicial officer.
1102 (36) "Judicial officer" means any justice or judge of a court of record or any county
1103 court judge.
1104 (37) "Local district" means a local government entity under Title 17B, Limited Purpose
1105 Local Government Entities - Local Districts, and includes a special service district under Title
1106 17D, Chapter 1, Special Service District Act.
1107 (38) "Local district officers" means those local district officers that are required by law
1108 to be elected.
1109 (39) "Local election" means a regular municipal election, a local special election, a
1110 local district election, and a bond election.

1111 (40) "Local political subdivision" means a county, a municipality, a local district, or a
1112 local school district.
1113 (41) "Local special election" means a special election called by the governing body of a
1114 local political subdivision in which all registered voters of the local political subdivision may
1115 vote.
1116 (42) "Municipal executive" means:
1117 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
1118 or
1119 (b) the mayor in the council-manager form of government defined in Subsection
1120 10-3b-103 (6).
1121 (43) "Municipal general election" means the election held in municipalities and local
1122 districts on the first Tuesday after the first Monday in November of each odd-numbered year
1123 for the purposes established in Section 20A-1-202 .
1124 (44) "Municipal legislative body" means the council of the city or town in any form of
1125 municipal government.
1126 (45) "Municipal office" means an elective office in a municipality.
1127 (46) "Municipal officers" means those municipal officers that are required by law to be
1128 elected.
1129 (47) "Municipal primary election" means an election held to nominate candidates for
1130 municipal office.
1131 (48) "Official ballot" means the ballots distributed by the election officer to the poll
1132 workers to be given to voters to record their votes.
1133 (49) "Official endorsement" means:
1134 (a) the information on the ballot that identifies:
1135 (i) the ballot as an official ballot;
1136 (ii) the date of the election; and
1137 (iii) the facsimile signature of the election officer; and
1138 (b) the information on the ballot stub that identifies:
1139 (i) the poll worker's initials; and
1140 (ii) the ballot number.
1141 (50) "Official register" means the official record furnished to election officials by the

1142 election officer that contains the information required by Section 20A-5-401 .
1143 (51) "Paper ballot" means a paper that contains:
1144 (a) the names of offices and candidates and statements of ballot propositions to be
1145 voted on; and
1146 (b) spaces for the voter to record the voter's vote for each office and for or against each
1147 ballot proposition.
1148 (52) "Political party" means an organization of registered voters that has qualified to
1149 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
1150 and Procedures.
1151 (53) (a) "Poll worker" means a person assigned by an election official to assist with an
1152 election, voting, or counting votes.
1153 (b) "Poll worker" includes election judges.
1154 (c) "Poll worker" does not include a watcher.
1155 (54) "Pollbook" means a record of the names of voters in the order that they appear to
1156 cast votes.
1157 (55) "Polling place" means the building where voting is conducted.
1158 (56) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
1159 in which the voter marks the voter's choice.
1160 (57) "Provider election officer" means an election officer who enters into a contract or
1161 interlocal agreement with a contracting election officer to conduct an election for the
1162 contracting election officer's local political subdivision in accordance with Section
1163 20A-5-400.1 .
1164 (58) "Provisional ballot" means a ballot voted provisionally by a person:
1165 (a) whose name is not listed on the official register at the polling place;
1166 (b) whose legal right to vote is challenged as provided in this title; or
1167 (c) whose identity was not sufficiently established by a poll worker.
1168 (59) "Provisional ballot envelope" means an envelope printed in the form required by
1169 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
1170 verify a person's legal right to vote.
1171 (60) "Primary convention" means the political party conventions at which nominees for
1172 the regular primary election are selected.

1173 (61) "Protective counter" means a separate counter, which cannot be reset, that:
1174 (a) is built into a voting machine; and
1175 (b) records the total number of movements of the operating lever.
1176 (62) "Qualify" or "qualified" means to take the oath of office and begin performing the
1177 duties of the position for which the person was elected.
1178 (63) "Receiving judge" means the poll worker that checks the voter's name in the
1179 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
1180 after the voter has voted.
1181 (64) "Registration form" means a book voter registration form and a by-mail voter
1182 registration form.
1183 (65) "Regular ballot" means a ballot that is not a provisional ballot.
1184 (66) "Regular general election" means the election held throughout the state on the first
1185 Tuesday after the first Monday in November of each even-numbered year for the purposes
1186 established in Section 20A-1-201 .
1187 (67) "Regular primary election" means the election on the fourth Tuesday of June of
1188 each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
1189 advance to the regular general election.
1190 (68) "Resident" means a person who resides within a specific voting precinct in Utah.
1191 (69) "Sample ballot" means a mock ballot similar in form to the official ballot printed
1192 and distributed as provided in Section 20A-5-405 .
1193 (70) "Scratch vote" means to mark or punch the straight party ticket and then mark or
1194 punch the ballot for one or more candidates who are members of different political parties.
1195 (71) "Secrecy envelope" means the envelope given to a voter along with the ballot into
1196 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
1197 the voter's vote.
1198 (72) "Special election" means an election held as authorized by Section 20A-1-204 .
1199 (73) "Spoiled ballot" means each ballot that:
1200 (a) is spoiled by the voter;
1201 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
1202 (c) lacks the official endorsement.
1203 (74) "Statewide special election" means a special election called by the governor or the

1204 Legislature in which all registered voters in Utah may vote.
1205 (75) "Stub" means the detachable part of each ballot.
1206 (76) "Substitute ballots" means replacement ballots provided by an election officer to
1207 the poll workers when the official ballots are lost or stolen.
1208 (77) "Ticket" means each list of candidates for each political party or for each group of
1209 petitioners.
1210 (78) "Transfer case" means the sealed box used to transport voted ballots to the
1211 counting center.
1212 (79) "Vacancy" means the absence of a person to serve in any position created by
1213 statute, whether that absence occurs because of death, disability, disqualification, resignation,
1214 or other cause.
1215 (80) "Valid voter identification" means:
1216 (a) a form of identification that bears the name and photograph of the voter which may
1217 include:
1218 (i) a currently valid Utah driver license;
1219 (ii) a currently valid identification card that is issued by:
1220 (A) the state; or
1221 (B) a branch, department, or agency of the United States;
1222 (iii) a currently valid Utah permit to carry a concealed weapon;
1223 (iv) a currently valid United States passport; or
1224 (v) a currently valid United States military identification card;
1225 (b) one of the following identification cards, whether or not the card includes a
1226 photograph of the voter:
1227 (i) a valid tribal identification card;
1228 (ii) a Bureau of Indian Affairs card; or
1229 (iii) a tribal treaty card; or
1230 (c) two forms of identification not listed under Subsection (80)(a) or (b) but that bear
1231 the name of the voter and provide evidence that the voter resides in the voting precinct, which
1232 may include:
1233 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
1234 election;

1235 (ii) a bank or other financial account statement, or a legible copy thereof;
1236 (iii) a certified birth certificate;
1237 (iv) a valid Social Security card;
1238 (v) a check issued by the state or the federal government or a legible copy thereof;
1239 (vi) a paycheck from the voter's employer, or a legible copy thereof;
1240 (vii) a currently valid Utah hunting or fishing license;
1241 (viii) certified naturalization documentation;
1242 (ix) a currently valid license issued by an authorized agency of the United States;
1243 (x) a certified copy of court records showing the voter's adoption or name change;
1244 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
1245 (xii) a currently valid identification card issued by:
1246 (A) a local government within the state;
1247 (B) an employer for an employee; or
1248 (C) a college, university, technical school, or professional school located within the
1249 state; or
1250 (xiii) a current Utah vehicle registration.
1251 (81) "Valid write-in candidate" means a candidate who has qualified as a write-in
1252 candidate by following the procedures and requirements of this title.
1253 (82) "Voter" means a person who:
1254 (a) meets the requirements for voting in an election;
1255 (b) meets the requirements of election registration;
1256 (c) is registered to vote; and
1257 (d) is listed in the official register book.
1258 (83) "Voter registration deadline" means the registration deadline provided in Section
1259 20A-2-102.5 .
1260 (84) "Voting area" means the area within six feet of the voting booths, voting
1261 machines, and ballot box.
1262 (85) "Voting booth" means:
1263 (a) the space or compartment within a polling place that is provided for the preparation
1264 of ballots, including the voting machine enclosure or curtain; or
1265 (b) a voting device that is free standing.

1266 (86) "Voting device" means:
1267 (a) an apparatus in which ballot sheets are used in connection with a punch device for
1268 piercing the ballots by the voter;
1269 (b) a device for marking the ballots with ink or another substance;
1270 (c) an electronic voting device or other device used to make selections and cast a ballot
1271 electronically, or any component thereof;
1272 (d) an automated voting system under Section 20A-5-302 ; or
1273 (e) any other method for recording votes on ballots so that the ballot may be tabulated
1274 by means of automatic tabulating equipment.
1275 (87) "Voting machine" means a machine designed for the sole purpose of recording
1276 and tabulating votes cast by voters at an election.
1277 (88) "Voting poll watcher" means a person appointed as provided in this title to
1278 witness the distribution of ballots and the voting process.
1279 (89) "Voting precinct" means the smallest voting unit established as provided by law
1280 within which qualified voters vote at one polling place.
1281 (90) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
1282 poll watcher, and a testing watcher.
1283 (91) "Western States Presidential Primary" means the election established in Chapter 9,
1284 Part 8, Western States Presidential Primary.
1285 (92) "Write-in ballot" means a ballot containing any write-in votes.
1286 (93) "Write-in vote" means a vote cast for a person whose name is not printed on the
1287 ballot according to the procedures established in this title.
1288 Section 17. Section 20A-1-203 is amended to read:
1289 20A-1-203. Calling and purpose of special elections -- Two-thirds vote
1290 limitations.
1291 (1) Statewide and local special elections may be held for any purpose authorized by
1292 law.
1293 (2) (a) Statewide special elections shall be conducted using the procedure for regular
1294 general elections.
1295 (b) Except as otherwise provided in this title, local special elections shall be conducted
1296 using the procedures for regular municipal elections.

1297 (3) The governor may call a statewide special election by issuing an executive order
1298 that designates:
1299 (a) the date for the statewide special election; and
1300 (b) the purpose for the statewide special election.
1301 (4) The Legislature may call a statewide special election by passing a joint or
1302 concurrent resolution that designates:
1303 (a) the date for the statewide special election; and
1304 (b) the purpose for the statewide special election.
1305 (5) (a) The legislative body of a local political subdivision may call a local special
1306 election only for:
1307 (i) a vote on a bond or debt issue;
1308 (ii) a vote on a voted local levy authorized by Section 53A-17a-133 ;
1309 (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
1310 (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
1311 (v) if required or authorized by federal law, a vote to determine whether or not Utah's
1312 legal boundaries should be changed;
1313 (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
1314 (vii) a vote to elect members to school district boards for a new school district and a
1315 remaining school district, as defined in Section 53A-2-117 , following the creation of a new
1316 school district under Section 53A-2-118.1 ; or
1317 (viii) an election of town officers of a newly incorporated town under [Subsection
1318 10-2-125 (9)] Section 10-2-128 .
1319 (b) The legislative body of a local political subdivision may call a local special election
1320 by adopting an ordinance or resolution that designates:
1321 (i) the date for the local special election; and
1322 (ii) the purpose for the local special election.
1323 (c) A local political subdivision may not call a local special election unless the
1324 ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
1325 two-thirds majority of all members of the legislative body, if the local special election is for:
1326 (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
1327 (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or

1328 (iii) a vote authorized or required for a sales tax issue as described in Subsection
1329 (5)(a)(vi).
1330 Section 18. Section 20A-1-204 is amended to read:
1331 20A-1-204. Date of special election -- Legal effect.
1332 (1) (a) The governor, Legislature, or the legislative body of a local political subdivision
1333 calling a statewide special election or local special election under Section 20A-1-203 shall
1334 schedule the special election to be held on:
1335 (i) the fourth Tuesday in June;
1336 (ii) the first Tuesday after the first Monday in November; or
1337 (iii) for an election of town officers of a newly incorporated town under [Subsection
1338 10-2-125 (9)] Section 10-2-128 , on any date that complies with the requirements of that
1339 subsection.
1340 (b) Except as provided in Subsection (1)(c), the governor, Legislature, or the legislative
1341 body of a local political subdivision calling a statewide special election or local special election
1342 under Section 20A-1-203 may not schedule a special election to be held on any other date.
1343 (c) (i) Notwithstanding the requirements of Subsection (1)(b), the legislative body of a
1344 local political subdivision may call a local special election on a date other than those specified
1345 in this section if the legislative body:
1346 (A) determines and declares that there is a disaster, as defined in Section 63K-3-102 ,
1347 requiring that a special election be held on a date other than the ones authorized in statute;
1348 (B) identifies specifically the nature of the disaster, as defined in Section 63K-3-102 ,
1349 and the reasons for holding the special election on that other date; and
1350 (C) votes unanimously to hold the special election on that other date.
1351 (ii) The legislative body of a local political subdivision may not call a local special
1352 election for the date established in [Title 20A,] Chapter 9, Part 8, Western States Presidential
1353 Primary, for Utah's Western States Presidential Primary.
1354 (d) Nothing in this section prohibits:
1355 (i) the governor or Legislature from submitting a matter to the voters at the regular
1356 general election if authorized by law; or
1357 (ii) a local government from submitting a matter to the voters at the regular municipal
1358 election if authorized by law.

1359 (2) (a) Two or more entities shall comply with Subsection (2)(b) if those entities hold a
1360 special election within a county on the same day as:
1361 (i) another special election;
1362 (ii) a regular general election; or
1363 (iii) a municipal general election.
1364 (b) Entities described in Subsection (2)(a) shall, to the extent practicable, coordinate:
1365 (i) polling places;
1366 (ii) ballots;
1367 (iii) election officials; and
1368 (iv) other administrative and procedural matters connected with the election.
1369 Section 19. Repealer.
1370 This bill repeals:
1371 Section 10-2-106, Feasibility study -- Feasibility study consultant.
1372 Section 10-2-107, Modified request for feasibility study -- Supplemental feasibility
1373 study.
1374 Section 10-2-108, Public hearings on feasibility study results -- Notice of hearings.
1375 Section 10-2-124, Incorporation petitions before May 5, 1997.