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7 LONG TITLE
8 General Description:
9 This bill relates to the process by which a town is incorporated.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions;
13 ▸ reorders the requirements that individuals must meet to file a town incorporation
14 petition;
15 ▸ requires the sponsors of a town incorporation petition to:
16 • file an application with the lieutenant governor; and
17 • conduct a public hearing before collecting signatures for the petition;
18 ▸ requires that at least 50% of the voting-eligible population within a proposed town
19 be registered voters;
20 ▸ expands a provision to allow certain property owners to remove property from a
21 proposed town incorporation;
22 ▸ creates standards and a process by which the lieutenant governor may reject a town
23 incorporation petition;
24 ▸ modifies requirements related to the selection of a feasibility consultant;
25 ▸ provides repeal dates for certain provisions that this bill makes obsolete; and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 10-2-403, as last amended by Laws of Utah 2015, Chapter 352
34 10-2a-106, as enacted by Laws of Utah 2015, Chapter 157 and further amended by
35 Revisor Instructions, Laws of Utah 2015, Chapters 157 and last amended by
36 Coordination Clause, Laws of Utah 2015, Chapter 352
37 10-2a-302, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
38 amended by Laws of Utah 2015, Chapter 352
39 10-2a-303, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
40 amended by Laws of Utah 2015, Chapter 352
41 10-2a-304, as last amended by Laws of Utah 2015, Chapters 96, 111, 157 and
42 renumbered and amended by Laws of Utah 2015, Chapter 352 and last amended by
43 Coordination Clause, Laws of Utah 2015, Chapter 352
44 20A-11-101, as last amended by Laws of Utah 2016, Chapter 95
45 63I-2-210, as last amended by Laws of Utah 2016, Chapter 14
46 63I-2-220, as last amended by Laws of Utah 2016, Chapters 28 and 348
47 ENACTS:
48 10-2a-302.5, Utah Code Annotated 1953
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 10-2-403 is amended to read:
52 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
53 (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
54 area to a municipality is initiated by a petition as provided in this section.
55 (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
56 annexation of an area located in a county of the first class, the person or persons intending to
57 file a petition shall:
58 (A) file with the city recorder or town clerk of the proposed annexing municipality a
59 notice of intent to file a petition; and
60 (B) send a copy of the notice of intent to each affected entity.
61 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
62 area that is proposed to be annexed.
63 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
64 annexed is located shall:
65 (A) mail the notice described in Subsection (2)(b)(iii) to:
66 (I) each owner of real property located within the area proposed to be annexed; and
67 (II) each owner of real property located within 300 feet of the area proposed to be
68 annexed; and
69 (B) send to the proposed annexing municipality a copy of the notice and a certificate
70 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
71 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
72 days after receiving from the person or persons who filed the notice of intent:
73 (A) a written request to mail the required notice; and
74 (B) payment of an amount equal to the county's expected actual cost of mailing the
75 notice.
76 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
77 (A) be in writing;
78 (B) state, in bold and conspicuous terms, substantially the following:
79 "Attention: Your property may be affected by a proposed annexation.
80 Records show that you own property within an area that is intended to be included in a
81 proposed annexation to (state the name of the proposed annexing municipality) or that is within
82 300 feet of that area. If your property is within the area proposed for annexation, you may be
83 asked to sign a petition supporting the annexation. You may choose whether or not to sign the
84 petition. By signing the petition, you indicate your support of the proposed annexation. If you
85 sign the petition but later change your mind about supporting the annexation, you may
86 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
87 of (state the name of the proposed annexing municipality) within 30 days after (state the name
88 of the proposed annexing municipality) receives notice that the petition has been certified.
89 There will be no public election on the proposed annexation because Utah law does not
90 provide for an annexation to be approved by voters at a public election. Signing or not signing
91 the annexation petition is the method under Utah law for the owners of property within the area
92 proposed for annexation to demonstrate their support of or opposition to the proposed
93 annexation.
94 You may obtain more information on the proposed annexation by contacting (state the
95 name, mailing address, telephone number, and email address of the official or employee of the
96 proposed annexing municipality designated to respond to questions about the proposed
97 annexation), (state the name, mailing address, telephone number, and email address of the
98 county official or employee designated to respond to questions about the proposed annexation),
99 or (state the name, mailing address, telephone number, and email address of the person who
100 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
101 notice of intent, one of those persons). Once filed, the annexation petition will be available for
102 inspection and copying at the office of (state the name of the proposed annexing municipality)
103 located at (state the address of the municipal offices of the proposed annexing municipality).";
104 and
105 (C) be accompanied by an accurate map identifying the area proposed for annexation.
106 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
107 other information or materials related or unrelated to the proposed annexation.
108 (c) (i) After receiving the certificate from the county as provided in Subsection
109 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
110 who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
111 the annexation proposed in the notice of intent.
112 (ii) An annexation petition provided by the proposed annexing municipality may be
113 duplicated for circulation for signatures.
114 (3) Each petition under Subsection (1) shall:
115 (a) be filed with the city recorder or town clerk, as the case may be, of the proposed
116 annexing municipality;
117 (b) contain the signatures of, if all the real property within the area proposed for
118 annexation is owned by a public entity other than the federal government, the owners of all the
119 publicly owned real property, or the owners of private real property that:
120 (i) is located within the area proposed for annexation;
121 (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
122 within the area proposed for annexation;
123 (B) covers 100% of rural real property as that term is defined in Section 17B-2a-1107
124 within the area proposed for annexation; and
125 (C) covers 100% of the private land area within the area proposed for annexation, if the
126 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and
127 Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter
128 28, Migratory Bird Production Area; and
129 (iii) is equal in value to at least 1/3 of the value of all private real property within the
130 area proposed for annexation;
131 (c) be accompanied by:
132 (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
133 proposed for annexation; and
134 (ii) a copy of the notice sent to affected entities as required under Subsection
135 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
136 (d) if the area proposed to be annexed is located in a county of the first class, contain
137 on each signature page a notice in bold and conspicuous terms that states substantially the
138 following:
139 "Notice:
140 • There will be no public election on the annexation proposed by this petition because
141 Utah law does not provide for an annexation to be approved by voters at a public election.
142 • If you sign this petition and later decide that you do not support the petition, you may
143 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
144 of (state the name of the proposed annexing municipality). If you choose to withdraw your
145 signature, you shall do so no later than 30 days after (state the name of the proposed annexing
146 municipality) receives notice that the petition has been certified.";
147 (e) if the petition proposes the annexation of an area located in a county that is not the
148 county in which the proposed annexing municipality is located, be accompanied by a copy of
149 the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in
150 which the area is located; and
151 (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
152 designated as the contact sponsor, and indicate the mailing address of each sponsor.
153 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
154 area proposed for annexation to a municipality in a previously filed petition that has not been
155 denied, rejected, or granted.
156 (5) A petition under Subsection (1) proposing the annexation of an area located in a
157 county of the first class may not propose the annexation of an area that includes some or all of
158 an area proposed to be incorporated in a request for a feasibility study under Section 10-2a-202
159 or a petition under Section 10-2a-302 or 10-2a-302.5 if:
160 (a) the request or petition was filed before the filing of the annexation petition; and
161 (b) the request, a petition under Section 10-2a-208 based on that request, or a petition
162 under Section 10-2a-302 or 10-2a-302.5 is still pending on the date the annexation petition is
163 filed.
164 (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
165 be drawn:
166 (a) along the boundaries of existing local districts and special service districts for
167 sewer, water, and other services, along the boundaries of school districts whose boundaries
168 follow city boundaries or school districts adjacent to school districts whose boundaries follow
169 city boundaries, and along the boundaries of other taxing entities;
170 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
171 services;
172 (c) to facilitate the consolidation of overlapping functions of local government;
173 (d) to promote the efficient delivery of services; and
174 (e) to encourage the equitable distribution of community resources and obligations.
175 (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
176 petition to the clerk of the county in which the area proposed for annexation is located.
177 (8) A property owner who signs an annexation petition proposing to annex an area
178 located in a county of the first class may withdraw the owner's signature by filing a written
179 withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
180 days after the municipal legislative body's receipt of the notice of certification under
181 Subsection 10-2-405(2)(c)(i).
182 Section 2. Section 10-2a-106 is amended to read:
183 10-2a-106. Feasibility study or petition to incorporate filed before May 12, 2015.
184 (1) If a request for a feasibility study to incorporate a city is filed under Section
185 10-2a-202 before May 12, 2015, the request and a subsequent feasibility study, petition, public
186 hearing, election, and any other city incorporation action applicable to that request shall be
187 filed with and be acted upon, held, processed, or paid for by the county legislative body or
188 county clerk, as applicable, as designated, directed, or authorized before Laws of Utah 2015,
189 Chapter 157, takes effect.
190 (2) If a petition to incorporate a town is filed under Section 10-2a-302 or 10-2a-302.5
191 before May 12, 2015, the petition and a subsequent feasibility study, petition, public hearing,
192 election, and any other town incorporation action applicable to that petition to incorporate shall
193 be filed with and be acted upon, held, processed, or paid for by the county legislative body or
194 county clerk, as applicable, as designated, directed, or authorized before Laws of Utah 2015,
195 Chapter 157, takes effect.
196 Section 3. Section 10-2a-302 is amended to read:
197 10-2a-302. Incorporation of a town -- Petition.
198 (1) As used in this section:
199 (a) "Assessed value," with respect to agricultural land, means the value at which the
200 land would be assessed without regard to a valuation for agricultural use under Section
201 59-2-503.
202 (b) "Feasibility consultant" means a person or firm:
203 (i) with expertise in the processes and economics of local government; and
204 (ii) who is independent of and not affiliated with a county or sponsor of a petition to
205 incorporate.
206 (c) "Financial feasibility study" means a study described in Subsection (7).
207 (d) "Municipal service" means a publicly provided service that is not provided on a
208 countywide basis.
209 (e) "Nonurban" means having a residential density of less than one unit per acre.
210 (2) (a) This section applies to individuals who seek to initiate the process of
211 incorporating a town before May 9, 2017.
212 (b) (i) A contiguous area of a county not within a municipality, with a population of at
213 least 100 but less than 1,000, may incorporate as a town as provided in this section.
214 (ii) An area within a county of the first class is not contiguous for purposes of
215 Subsection (2)[
216 (A) the area includes a strip of land that connects geographically separate areas; and
217 (B) the distance between the geographically separate areas is greater than the average
218 width of the strip of land connecting the geographically separate areas.
219 [
220 (i) as of the date the incorporation petition is filed; and
221 (ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
222 certification under Subsection (6) of a petition filed under Subsection (4).
223 (3) (a) [
224
225 (b) The individuals must file the petition with the Office of the Lieutenant Governor no
226 later than January 2, 2018 for the petition to be valid.
227 [
228 (i) be signed by:
229 (A) the owners of private real property that:
230 (I) is located within the area proposed to be incorporated; and
231 (II) is equal in assessed value to more than 1/5 of the assessed value of all private real
232 property within the area; and
233 (B) 1/5 of all registered voters within the area proposed to be incorporated as a town,
234 according to the official voter registration list maintained by the county on the date the petition
235 is filed;
236 (ii) designate as sponsors at least five of the property owners who have signed the
237 petition, one of whom shall be designated as the contact sponsor, with the mailing address of
238 each owner signing as a sponsor;
239 (iii) be accompanied by and circulated with an accurate map or plat, prepared by a
240 licensed surveyor, showing a legal description of the boundary of the proposed town; and
241 (iv) substantially comply with and be circulated in the following form:
242 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
243 town)
244 To the Honorable Lieutenant Governor:
245 We, the undersigned owners of real property and registered voters within the area
246 described in this petition, respectfully petition the lieutenant governor to direct the county
247 legislative body to submit to the registered voters residing within the area described in this
248 petition, at the next regular general election, the question of whether the area should
249 incorporate as a town. Each of the undersigned affirms that each has personally signed this
250 petition and is an owner of real property or a registered voter residing within the described area,
251 and that the current residence address of each is correctly written after the signer's name. The
252 area proposed to be incorporated as a town is described as follows: (insert an accurate
253 description of the area proposed to be incorporated).
254 [
255 some or all of an area proposed for annexation in an annexation petition under Section
256 10-2-403 that:
257 (i) was filed before the filing of the petition; and
258 (ii) is still pending on the date the petition is filed.
259 [
260 owned by the petition sponsors, designated under Subsection (3)[
261 exceeds 40% of the total private land area within the area proposed to be incorporated as a
262 town.
263 [
264 withdrawn, reinstate the signer's signature on the petition:
265 (i) at any time until the lieutenant governor certifies the petition under Subsection (5);
266 and
267 (ii) by filing a signed, written withdrawal or reinstatement with the lieutenant governor.
268 (4) (a) If a petition is filed under Subsection (3)[
269 town an area located within a county of the first class, the lieutenant governor shall deliver
270 written notice of the proposed incorporation:
271 (i) to each owner of private real property owning more than 1% of the assessed value
272 of all private real property within the area proposed to be incorporated as a town; and
273 (ii) within seven calendar days after the date on which the petition is filed.
274 (b) A private real property owner described in Subsection (4)(a)(i) may exclude all or
275 part of the owner's property from the area proposed to be incorporated as a town by filing a
276 notice of exclusion:
277 (i) with the lieutenant governor; and
278 (ii) within 10 calendar days after receiving the clerk's notice under Subsection (4)(a).
279 (c) The lieutenant governor shall exclude from the area proposed to be incorporated as
280 a town the property identified in the notice of exclusion under Subsection (4)(b) if:
281 (i) the property:
282 (A) is nonurban; and
283 (B) does not and will not require a municipal service; and
284 (ii) exclusion will not leave an unincorporated island within the proposed town.
285 (d) If the lieutenant governor excludes property from the area proposed to be
286 incorporated as a town, the lieutenant governor shall send written notice of the exclusion to the
287 contact sponsor within five days after the exclusion.
288 (5) No later than 20 days after the filing of a petition under Subsection (3), the
289 lieutenant governor shall:
290 (a) with the assistance of other county officers of the county in which the incorporation
291 is proposed from whom the lieutenant governor requests assistance, determine whether the
292 petition complies with the requirements of Subsection (3); and
293 (b) (i) if the lieutenant governor determines that the petition complies with those
294 requirements:
295 (A) certify the petition; and
296 (B) mail or deliver written notification of the certification to:
297 (I) the contact sponsor; and
298 (II) the Utah Population Estimates Committee; or
299 (ii) if the lieutenant governor determines that the petition fails to comply with any of
300 those requirements, reject the petition and notify the contact sponsor in writing of the rejection
301 and the reasons for the rejection.
302 (6) (a) (i) A petition that is rejected under Subsection (5)(b)(ii) may be amended to
303 correct a deficiency for which it was rejected and then refiled with the lieutenant governor.
304 (ii) A valid signature on a petition filed under Subsection (3)[
305 toward fulfilling the signature requirement of Subsection (3)[
306 is amended under Subsection (6)(a)(i) and then refiled with the lieutenant governor.
307 (b) If a petition is amended and refiled under Subsection (6)(a)(i) after having been
308 rejected by the lieutenant governor under Subsection (5)(b)(ii):
309 (i) the amended petition shall be considered as a newly filed petition; and
310 (ii) the amended petition's processing priority is determined by the date on which it is
311 refiled.
312 (7) (a) (i) If a petition is filed under Subsection (4) and certified under Subsection [
313 (5), the lieutenant governor shall commission and pay for a financial feasibility study.
314 (ii) The feasibility consultant shall be chosen:
315 (A) (I) by the contact sponsor of the incorporation petition, as described in Subsection
316 (3)[
317 (II) by the lieutenant governor if the contact sponsor states, in writing, that the sponsor
318 defers selection of the feasibility consultant to the lieutenant governor; and
319 (B) in accordance with applicable county procurement procedure.
320 (iii) The lieutenant governor shall require the feasibility consultant to complete the
321 financial feasibility study and submit written results of the study to the lieutenant governor no
322 later than 30 days after the feasibility consultant is engaged to conduct the financial feasibility
323 study.
324 (b) The financial feasibility study shall consider the:
325 (i) population and population density within the area proposed for incorporation and
326 the surrounding area;
327 (ii) current and five-year projections of demographics and economic base in the
328 proposed town and surrounding area, including household size and income, commercial and
329 industrial development, and public facilities;
330 (iii) projected growth in the proposed town and in adjacent areas during the next five
331 years;
332 (iv) subject to Subsection (7)(c), the present and five-year projections of the cost,
333 including overhead, of governmental services in the proposed town, including:
334 (A) culinary water;
335 (B) secondary water;
336 (C) sewer;
337 (D) law enforcement;
338 (E) fire protection;
339 (F) roads and public works;
340 (G) garbage;
341 (H) weeds; and
342 (I) government offices;
343 (v) assuming the same tax categories and tax rates as currently imposed by the county
344 and all other current service providers, the present and five-year projected revenue for the
345 proposed town; and
346 (vi) a projection of any new taxes per household that may be levied within the
347 incorporated area within five years of incorporation.
348 (c) (i) For purposes of Subsection (7)(b)(iv), the feasibility consultant shall assume a
349 level and quality of governmental services to be provided to the proposed town in the future
350 that fairly and reasonably approximate the level and quality of governmental services being
351 provided to the proposed town at the time of the feasibility study.
352 (ii) In determining the present cost of a governmental service, the feasibility consultant
353 shall consider:
354 (A) the amount it would cost the proposed town to provide governmental service for
355 the first five years after incorporation; and
356 (B) the county's present and five-year projected cost of providing governmental
357 service.
358 (iii) The costs calculated under Subsection (7)(b)(iv), shall take into account inflation
359 and anticipated growth.
360 (d) If the five year projected revenues under Subsection (7)(b)(v) exceed the five-year
361 projected costs under Subsection (7)(b)(iv) by more than 10%, the feasibility consultant shall
362 project and report the expected annual revenue surplus to the contact sponsor and the lieutenant
363 governor.
364 (e) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
365 governor's website and make a copy available for public review at the Office of the Lieutenant
366 Governor.
367 (f) The lieutenant governor shall approve a certified petition proposing the
368 incorporation of a town and hold a public hearing as provided in Section 10-2a-303.
369 Section 4. Section 10-2a-302.5 is enacted to read:
370 10-2a-302.5. Incorporation of a town -- Petition.
371 (1) As used in this section:
372 (a) "Assessed value," with respect to agricultural land, means the value at which the
373 land would be assessed without regard to a valuation for agricultural use under Section
374 59-2-503.
375 (b) (i) "Municipal services" means any of the following that are publicly provided:
376 (A) culinary water;
377 (B) secondary water;
378 (C) sewer service;
379 (D) law enforcement service;
380 (E) fire protection;
381 (F) roads;
382 (G) refuse collection; or
383 (H) weed control.
384 (ii) "Municipal services" includes the physical facilities required to provide a service
385 described in Subsection (1)(b)(i).
386 (2) (a) This section applies to individuals who seek to initiate the process of
387 incorporating a town on or after May 9, 2017.
388 (b) Individuals who reside in a contiguous area of a county that is not within a
389 municipality may incorporate as a town as provided in this section if:
390 (i) the area has a population of at least 100 people, but less than 1,000 people; and
391 (ii) at least 50% of the voting eligible population in the area are registered voters.
392 (c) An area within a county of the first class is not contiguous for purposes of
393 Subsection (2)(b) if:
394 (i) the area includes a strip of land that connects geographically separate areas; and
395 (ii) the distance between the geographically separate areas is greater than the average
396 width of the strip of land connecting the geographically separate areas.
397 (3) (a) Individuals described in Subsection (2) may initiate the process of incorporating
398 a town by filing an application for an incorporation petition with the lieutenant governor that
399 contains:
400 (i) the name and residential address of at least five sponsors of the petition who meet
401 the qualifications described in Subsection (3)(b) for a sponsor and Subsection (7) for a petition
402 signer;
403 (ii) a statement certifying that each of the sponsors:
404 (A) is a resident of the state; and
405 (B) has voted in a regular general election or municipal general election in the state
406 within the last three years;
407 (iii) the signature of each sponsor, attested to by a notary public;
408 (iv) the name of a sponsor who is designated as the contact sponsor;
409 (v) consistent with the requirements described in Subsection (3)(c), an accurate map or
410 plat, prepared by a licensed surveyor, showing a legal description of the boundary of the
411 proposed town; and
412 (vi) a statement indicating whether persons may be paid for gathering signatures for the
413 petition.
414 (b) Sponsors may not file a petition under this section if the cumulative private real
415 property that the petition sponsors own exceeds 40% of the total private land area within the
416 boundaries of the proposed town.
417 (c) A map described in Subsection (3)(a)(v) may not include an area proposed for
418 annexation in an annexation petition described in Section 10-2-403 that is pending on the day
419 on which the application for the incorporation petition is filed.
420 (4) (a) If the lieutenant governor determines that an incorporation petition application
421 complies with the requirements described in Subsection (3)(a), the lieutenant governor shall
422 accept the application and mail or transmit written notification of the acceptance to:
423 (i) the contact sponsor; and
424 (ii) the Utah Population Estimates Committee.
425 (b) If the lieutenant governor determines that an application does not comply with the
426 requirements described in Subsection (3)(a), the lieutenant governor shall reject the application
427 and mail or transmit written notification of the rejection, including the reason for the rejection,
428 to the contact sponsor.
429 (5) (a) Within 20 days after the day on which the lieutenant governor accepts an
430 application under Subsection (4)(a), the Utah Population Estimates Committee shall:
431 (i) determine the population of the proposed town as of the date the application was
432 filed under Subsection (3) for the proposed town; and
433 (ii) provide that determination to the lieutenant governor.
434 (b) If the Utah Population Estimates Committee determines that the population of the
435 proposed town does not meet the requirements described in Subsection (2)(b)(i), the lieutenant
436 governor shall rescind the acceptance described in Subsection (4)(a) and reject the application
437 in accordance with Subsection (4)(b).
438 (6) Within 30 days after the day on which the lieutenant governor receives the
439 determination described in Subsection (5)(b) but before collecting signatures under Subsection
440 (7), the sponsors of the incorporation petition shall hold a public hearing at which the public
441 may:
442 (a) review the map or plat of the proposed town described in Subsection (3)(a)(v);
443 (b) ask questions and receive information about the incorporation of the proposed
444 town; and
445 (c) express views about the proposed incorporation, including views regarding the
446 boundary of the proposed town.
447 (7) (a) If, after holding the public hearing described in Subsection (6), the sponsors
448 wish to proceed with the proposed incorporation, the sponsors shall circulate an incorporation
449 petition that, in order to be declared sufficient under Subsection (8)(b)(i), must be signed by:
450 (i) the owners of private real property that:
451 (A) is located within the boundaries of the proposed town; and
452 (B) is collectively greater than or equal to 20% of the assessed value of all private real
453 property within the boundaries of the proposed town; and
454 (ii) 20% of the registered voters residing within the boundaries of the proposed town,
455 as of the day on which the petition is filed.
456 (b) The petition sponsors shall ensure that the petition is:
457 (i) accompanied by and circulated with a copy of the map described in Subsection
458 (3)(a)(v); and
459 (ii) printed in substantially the following form:
460 "PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
461 town)
462 To the Honorable Lieutenant Governor:
463 We, the undersigned, respectfully petition the lieutenant governor to direct the county to
464 submit to the registered voters residing within the area described in this petition, in an election,
465 the question of whether the area should incorporate as a town. Each of the undersigned affirms
466 that each has personally signed this petition and is an owner of real property located within, or
467 is a registered voter residing within, the described area, and that the current residence address
468 of each is correctly written after the signer's name. The area we propose for incorporation as a
469 town is described as follows: (insert an accurate description of the area proposed to be
470 incorporated)."
471 (c) An individual who signs a petition described in this Subsection (7) may withdraw
472 or reinstate the individual's signature by filing a written, signed statement with the lieutenant
473 governor before the lieutenant governor certifies the petition signatures under Subsection (8).
474 (d) The petition sponsors shall submit a completed petition to the lieutenant governor
475 no later than 316 days after the day on which the sponsors submit the application described in
476 Subsection (3)(a) to the lieutenant governor.
477 (8) No later than 20 days after the day on which the sponsors submit the petition to the
478 lieutenant governor under Subsection (7)(d), the lieutenant governor shall:
479 (a) determine whether the petition complies with the requirements described in
480 Subsection (7); and
481 (b) (i) if the lieutenant governor determines that the petition complies with the
482 requirements described in Subsection (7):
483 (A) certify the petition as sufficient; and
484 (B) mail or deliver written notification of the certification to the contact sponsor; or
485 (ii) if the lieutenant governor determines that the petition does not comply with the
486 requirements described in Subsection (7):
487 (A) reject the petition; and
488 (B) notify the contact sponsor in writing of the rejection and the reasons for the
489 rejection.
490 (9) (a) Petition sponsors may amend a petition that the lieutenant governor rejected
491 under Subsection (8)(b)(ii) by:
492 (i) correcting the reason for which the lieutenant governor rejects the petition; and
493 (ii) submitting an amended petition to the lieutenant governor no later than the deadline
494 described in Subsection (7)(d).
495 (b) A valid signature on a petition that the lieutenant governor rejects under Subsection
496 (8)(b)(ii) is valid for an amended petition that the petition sponsors submit to the lieutenant
497 governor under Subsection (9)(a).
498 (c) The lieutenant governor shall review an amended petition in accordance with
499 Subsection (8).
500 (d) The sponsors of an incorporation petition may not amend the petition more than
501 once.
502 (10) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
503 Subsection (8), the lieutenant governor shall, within seven days after the day on which the
504 lieutenant governor certifies the petition, mail or transmit written notice of the proposed
505 incorporation to each person who owns private real property that:
506 (i) is located within the boundaries of the proposed town; and
507 (ii) has a value that is greater than or equal to 1% of the assessed value of all private
508 real property within the boundaries of the proposed town.
509 (b) A person described in Subsection (10)(a) may request that the lieutenant governor
510 exclude all or part of the person's property from boundaries of the proposed town if:
511 (i) the property does not require, and is not expected to require, a municipal service
512 that the proposed town will provide; and
513 (ii) exclusion of the property will not leave an unincorporated island within the
514 proposed town.
515 (c) (i) To request exclusion under this Subsection (10), a person described in
516 Subsection (10)(a) shall file a written request with the lieutenant governor within 10 days after
517 the day on which the person receives the notice described in Subsection (10)(a).
518 (ii) The notice shall describe the property for which the person requests exclusion.
519 (d) (i) The lieutenant governor shall exclude property from the boundaries of the
520 proposed town if the property is described in a written request filed under Subsection (10)(c)
521 and meets the requirements described in Subsection (10)(b).
522 (ii) Within five days after the lieutenant governor excludes the property, the lieutenant
523 governor shall mail or transmit written notice of the exclusion to the person who filed the
524 request and to the contact sponsor.
525 (11) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
526 Subsection (8), the lieutenant governor shall, in accordance with Title 63G, Chapter 6a, Utah
527 Procurement Code, procure the services of a feasibility consultant to conduct a financial
528 feasibility study on the proposed incorporation.
529 (b) The lieutenant governor shall ensure that a feasibility consultant selected under
530 Subsection (11)(a):
531 (i) has expertise in the processes and economics of local government; and
532 (ii) is not affiliated with:
533 (A) a sponsor of the incorporation petition to which the feasability study relates; or
534 (B) the county in which the proposed town is located.
535 (c) The lieutenant governor shall require the feasibility consultant to complete the
536 financial feasibility study and submit written results of the study to the lieutenant governor no
537 later than 60 days after the day on which the lieutenant governor procures the services of the
538 feasibility consultant.
539 (d) The financial consultant shall ensure that the financial feasibility study includes:
540 (i) an analysis of the population and population density within the boundaries of the
541 proposed town and the surrounding area;
542 (ii) the current and projected five-year demographics of, and tax base within, the
543 boundaries of the proposed town and the surrounding area, including household size and
544 income, commercial and industrial development, and public facilities;
545 (iii) subject to Subsection (11)(e), the current and five-year projected cost of providing
546 municipal services to the proposed town, including administrative costs;
547 (iv) assuming the same tax categories and tax rates as currently imposed by the county
548 and all other current municipal services providers, the present and five-year projected revenue
549 for the proposed town;
550 (v) a projection of the tax burden per household of any new taxes that may be levied
551 within the proposed town within five years of the town's incorporation; and
552 (vi) if the lieutenant governor excludes property from the proposed town under
553 Subsection (10)(d), an update to the map and legal description described in Subsection
554 (3)(a)(v).
555 (e) (i) For purposes of Subsection (11)(d)(iii), the feasibility consultant shall assume
556 that the proposed town will provide a level and quality of municipal services that fairly and
557 reasonably approximate the level and quality of municipal services that are provided to the
558 proposed town at the time the feasibility consultant conducts the feasibility study.
559 (ii) In determining the present cost of municipal services, the feasibility consultant
560 shall consider:
561 (A) the amount it would cost the proposed town to provide the municipal services for
562 the first five years after the town's incorporation; and
563 (B) the current municipal services provider's present and five-year projected cost of
564 providing the municipal services.
565 (iii) In calculating the costs described in Subsection (11)(d)(iii), the feasibility
566 consultant shall account for inflation and anticipated growth.
567 (f) If the five-year projected revenues described in Subsection (11)(d)(iv) exceed the
568 five-year projected costs described in Subsection (11)(d)(iii) by more than 10%, the feasibility
569 consultant shall project and report the expected annual revenue surplus to the contact sponsor
570 and the lieutenant governor.
571 (g) The lieutenant governor shall publish the feasibility study on the lieutenant
572 governor's website and make a copy of the feasibility study available for public review at the
573 Office of the Lieutenant Governor.
574 (12) After the lieutenant governor conducts the feasibility study, the lieutenant
575 governor shall hold a public hearing in accordance with Section 10-2a-303.
576 Section 5. Section 10-2a-303 is amended to read:
577 10-2a-303. Incorporation of a town -- Public hearing on feasibility.
578 (1) If, in accordance with Section 10-2a-302 or 10-2a-302.5, the lieutenant governor
579 certifies a petition for incorporation or an amended petition for incorporation, the lieutenant
580 governor shall, after completion of the feasibility study, schedule a public hearing [
581 (a) [
582 study is completed; and
583 (b) to consider, in accordance with Subsection (3)(b), the feasibility of incorporation
584 for the proposed town.
585 (2) (a) The lieutenant governor shall give notice of the public hearing on the proposed
586 incorporation by:
587 (i) (A) publishing notice of the public hearing at least once a week for two consecutive
588 weeks in a newspaper of general circulation within the proposed town; or
589 (B) if there is no newspaper of general circulation within the proposed town, posting
590 notice of the public hearing in at least five conspicuous public places within the proposed
591 town; and
592 (ii) publishing notice of the public hearing on the Utah Public Notice Website created
593 in Section 63F-1-701.
594 (b) The county in which the incorporation is proposed shall post the notice described in
595 Subsection (2)(a)(ii) on the county's website, if the county has a website, for at least two
596 consecutive weeks before the day of the public hearing.
597 (3) At the public hearing scheduled in accordance with Subsection (1), the lieutenant
598 governor shall:
599 (a) (i) provide a copy of the feasibility study; and
600 (ii) present the results of the feasibility study to the public; and
601 (b) allow the public to:
602 (i) review the map or plat of the boundary of the proposed town;
603 (ii) ask questions and become informed about the proposed incorporation; and
604 (iii) express its views about the proposed incorporation, including their views about the
605 boundary of the area proposed to be incorporated.
606 (4) A county under the direction of the lieutenant governor may not hold an election on
607 the incorporation of a town in accordance with Section 10-2a-304 if the results of the feasibility
608 study show that the five-year projected revenues under Subsection 10-2a-302(7)(b)(v) or
609 10-2a-302.5(11)(d)(iv) exceed the five-year projected costs under Subsection
610 10-2a-302(7)(b)(iv) or 10-2a-302.5(11)(d)(iii) by more than 10%.
611 Section 6. Section 10-2a-304 is amended to read:
612 10-2a-304. Incorporation of a town -- Election to incorporate -- Ballot form.
613 (1) (a) Upon [
614
615 10-2a-302.5 and the public hearing described in Section 10-2a-303, the lieutenant governor
616 shall[
617
618 (i) the date of a regular general election [
619 on the date of a local special election [
620 [
621
622 Subsection 10-2a-302(5) or Section 10-2a-302.5.
623 [
624 in which the [
625 the date [
626 Subsection (1)(a)[
627 [
628 as directed by the lieutenant governor in accordance with Subsection (1)[
629 [
630 under this section unless the individual is a registered voter who resides, as defined in Section
631 20A-1-102, within the boundaries of the proposed town[
632
633 (2) (a) The county clerk shall publish notice of the election:
634 (i) in a newspaper of general circulation, within the area proposed to be incorporated,
635 at least once a week for three successive weeks; and
636 (ii) in accordance with Section 45-1-101 for three weeks.
637 (b) The notice required by Subsection (2)(a) shall contain:
638 (i) a statement of the contents of the petition;
639 (ii) a description of the area proposed to be incorporated as a town;
640 (iii) a statement of the date and time of the election and the location of polling places;
641 and
642 (iv) the lieutenant governor's Internet website address, if applicable, and the address of
643 the Office of the Lieutenant Governor where the feasibility study is available for review.
644 (c) The last publication of notice required under Subsection (2)(a) shall occur at least
645 one day but no more than seven days before the election.
646 (d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
647 circulation within the proposed town, the county clerk shall post at least one notice of the
648 election per 100 population in conspicuous places within the proposed town that are most
649 likely to give notice of the election to the voters of the proposed town.
650 (ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
651 the election under Subsection (1)(a).
652 (3) The ballot at the incorporation election shall pose the incorporation question
653 substantially as follows:
654 Shall the area described as (insert a description of the proposed town) be incorporated
655 as the town of (insert the proposed name of the proposed town)?
656 (4) The ballot shall provide a space for the voter to answer yes or no to the question in
657 Subsection (3).
658 (5) If a majority of those casting votes within the area boundaries of the proposed town
659 vote to incorporate as a town, the area shall incorporate.
660 Section 7. Section 20A-11-101 is amended to read:
661 20A-11-101. Definitions.
662 As used in this chapter:
663 (1) "Address" means the number and street where an individual resides or where a
664 reporting entity has its principal office.
665 (2) "Agent of a reporting entity" means:
666 (a) a person acting on behalf of a reporting entity at the direction of the reporting
667 entity;
668 (b) a person employed by a reporting entity in the reporting entity's capacity as a
669 reporting entity;
670 (c) the personal campaign committee of a candidate or officeholder;
671 (d) a member of the personal campaign committee of a candidate or officeholder in the
672 member's capacity as a member of the personal campaign committee of the candidate or
673 officeholder; or
674 (e) a political consultant of a reporting entity.
675 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
676 amendments, and any other ballot propositions submitted to the voters that are authorized by
677 the Utah Code Annotated 1953.
678 (4) "Candidate" means any person who:
679 (a) files a declaration of candidacy for a public office; or
680 (b) receives contributions, makes expenditures, or gives consent for any other person to
681 receive contributions or make expenditures to bring about the person's nomination or election
682 to a public office.
683 (5) "Chief election officer" means:
684 (a) the lieutenant governor for state office candidates, legislative office candidates,
685 officeholders, political parties, political action committees, corporations, political issues
686 committees, state school board candidates, judges, and labor organizations, as defined in
687 Section 20A-11-1501; and
688 (b) the county clerk for local school board candidates.
689 (6) (a) "Contribution" means any of the following when done for political purposes:
690 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
691 value given to the filing entity;
692 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
693 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
694 anything of value to the filing entity;
695 (iii) any transfer of funds from another reporting entity to the filing entity;
696 (iv) compensation paid by any person or reporting entity other than the filing entity for
697 personal services provided without charge to the filing entity;
698 (v) remuneration from:
699 (A) any organization or its directly affiliated organization that has a registered lobbyist;
700 or
701 (B) any agency or subdivision of the state, including school districts;
702 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
703 (vii) in-kind contributions.
704 (b) "Contribution" does not include:
705 (i) services provided by individuals volunteering a portion or all of their time on behalf
706 of the filing entity if the services are provided without compensation by the filing entity or any
707 other person;
708 (ii) money lent to the filing entity by a financial institution in the ordinary course of
709 business; or
710 (iii) goods or services provided for the benefit of a candidate or political party at less
711 than fair market value that are not authorized by or coordinated with the candidate or political
712 party.
713 (7) "Coordinated with" means that goods or services provided for the benefit of a
714 candidate or political party are provided:
715 (a) with the candidate's or political party's prior knowledge, if the candidate or political
716 party does not object;
717 (b) by agreement with the candidate or political party;
718 (c) in coordination with the candidate or political party; or
719 (d) using official logos, slogans, and similar elements belonging to a candidate or
720 political party.
721 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
722 organization that is registered as a corporation or is authorized to do business in a state and
723 makes any expenditure from corporate funds for:
724 (i) the purpose of expressly advocating for political purposes; or
725 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
726 proposition.
727 (b) "Corporation" does not mean:
728 (i) a business organization's political action committee or political issues committee; or
729 (ii) a business entity organized as a partnership or a sole proprietorship.
730 (9) "County political party" means, for each registered political party, all of the persons
731 within a single county who, under definitions established by the political party, are members of
732 the registered political party.
733 (10) "County political party officer" means a person whose name is required to be
734 submitted by a county political party to the lieutenant governor in accordance with Section
735 20A-8-402.
736 (11) "Detailed listing" means:
737 (a) for each contribution or public service assistance:
738 (i) the name and address of the individual or source making the contribution or public
739 service assistance, except to the extent that the name or address of the individual or source is
740 unknown;
741 (ii) the amount or value of the contribution or public service assistance; and
742 (iii) the date the contribution or public service assistance was made; and
743 (b) for each expenditure:
744 (i) the amount of the expenditure;
745 (ii) the person or entity to whom it was disbursed;
746 (iii) the specific purpose, item, or service acquired by the expenditure; and
747 (iv) the date the expenditure was made.
748 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
749 for membership in the corporation, to a corporation without receiving full and adequate
750 consideration for the money.
751 (b) "Donor" does not include a person that signs a statement that the corporation may
752 not use the money for an expenditure or political issues expenditure.
753 (13) "Election" means each:
754 (a) regular general election;
755 (b) regular primary election; and
756 (c) special election at which candidates are eliminated and selected.
757 (14) "Electioneering communication" means a communication that:
758 (a) has at least a value of $10,000;
759 (b) clearly identifies a candidate or judge; and
760 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
761 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
762 identified candidate's or judge's election date.
763 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
764 agent of a reporting entity on behalf of the reporting entity:
765 (i) any disbursement from contributions, receipts, or from the separate bank account
766 required by this chapter;
767 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
768 or anything of value made for political purposes;
769 (iii) an express, legally enforceable contract, promise, or agreement to make any
770 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
771 value for political purposes;
772 (iv) compensation paid by a filing entity for personal services rendered by a person
773 without charge to a reporting entity;
774 (v) a transfer of funds between the filing entity and a candidate's personal campaign
775 committee; or
776 (vi) goods or services provided by the filing entity to or for the benefit of another
777 reporting entity for political purposes at less than fair market value.
778 (b) "Expenditure" does not include:
779 (i) services provided without compensation by individuals volunteering a portion or all
780 of their time on behalf of a reporting entity;
781 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
782 business; or
783 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
784 candidates for office or officeholders in states other than Utah.
785 (16) "Federal office" means the office of president of the United States, United States
786 Senator, or United States Representative.
787 (17) "Filing entity" means the reporting entity that is required to file a financial
788 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
789 (18) "Financial statement" includes any summary report, interim report, verified
790 financial statement, or other statement disclosing contributions, expenditures, receipts,
791 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
792 Retention Elections.
793 (19) "Governing board" means the individual or group of individuals that determine the
794 candidates and committees that will receive expenditures from a political action committee,
795 political party, or corporation.
796 (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
797 Incorporation, by which a geographical area becomes legally recognized as a city, town, or
798 metro township.
799 (21) "Incorporation election" means the election authorized by Section 10-2a-210,
800 10-2a-304, or 10-2a-404.
801 (22) "Incorporation petition" means a petition authorized by Section 10-2a-208 [
802 10-2a-302, or 10-2a-302.5.
803 (23) "Individual" means a natural person.
804 (24) "In-kind contribution" means anything of value, other than money, that is accepted
805 by or coordinated with a filing entity.
806 (25) "Interim report" means a report identifying the contributions received and
807 expenditures made since the last report.
808 (26) "Legislative office" means the office of state senator, state representative, speaker
809 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
810 whip of any party caucus in either house of the Legislature.
811 (27) "Legislative office candidate" means a person who:
812 (a) files a declaration of candidacy for the office of state senator or state representative;
813 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
814 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
815 assistant whip of any party caucus in either house of the Legislature; or
816 (c) receives contributions, makes expenditures, or gives consent for any other person to
817 receive contributions or make expenditures to bring about the person's nomination, election, or
818 appointment to a legislative office.
819 (28) "Major political party" means either of the two registered political parties that
820 have the greatest number of members elected to the two houses of the Legislature.
821 (29) "Officeholder" means a person who holds a public office.
822 (30) "Party committee" means any committee organized by or authorized by the
823 governing board of a registered political party.
824 (31) "Person" means both natural and legal persons, including individuals, business
825 organizations, personal campaign committees, party committees, political action committees,
826 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
827 (32) "Personal campaign committee" means the committee appointed by a candidate to
828 act for the candidate as provided in this chapter.
829 (33) "Personal use expenditure" has the same meaning as provided under Section
830 20A-11-104.
831 (34) (a) "Political action committee" means an entity, or any group of individuals or
832 entities within or outside this state, a major purpose of which is to:
833 (i) solicit or receive contributions from any other person, group, or entity for political
834 purposes; or
835 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
836 vote for or against any candidate or person seeking election to a municipal or county office.
837 (b) "Political action committee" includes groups affiliated with a registered political
838 party but not authorized or organized by the governing board of the registered political party
839 that receive contributions or makes expenditures for political purposes.
840 (c) "Political action committee" does not mean:
841 (i) a party committee;
842 (ii) any entity that provides goods or services to a candidate or committee in the regular
843 course of its business at the same price that would be provided to the general public;
844 (iii) an individual;
845 (iv) individuals who are related and who make contributions from a joint checking
846 account;
847 (v) a corporation, except a corporation a major purpose of which is to act as a political
848 action committee; or
849 (vi) a personal campaign committee.
850 (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
851 by another person on behalf of and with the knowledge of the reporting entity, to provide
852 political advice to the reporting entity.
853 (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
854 where the person:
855 (i) has already been paid, with money or other consideration;
856 (ii) expects to be paid in the future, with money or other consideration; or
857 (iii) understands that the person may, in the discretion of the reporting entity or another
858 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
859 money or other consideration.
860 (36) "Political convention" means a county or state political convention held by a
861 registered political party to select candidates.
862 (37) (a) "Political issues committee" means an entity, or any group of individuals or
863 entities within or outside this state, a major purpose of which is to:
864 (i) solicit or receive donations from any other person, group, or entity to assist in
865 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
866 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
867 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
868 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
869 proposed ballot proposition or an incorporation in an incorporation election; or
870 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
871 ballot or to assist in keeping a ballot proposition off the ballot.
872 (b) "Political issues committee" does not mean:
873 (i) a registered political party or a party committee;
874 (ii) any entity that provides goods or services to an individual or committee in the
875 regular course of its business at the same price that would be provided to the general public;
876 (iii) an individual;
877 (iv) individuals who are related and who make contributions from a joint checking
878 account;
879 (v) a corporation, except a corporation a major purpose of which is to act as a political
880 issues committee; or
881 (vi) a group of individuals who:
882 (A) associate together for the purpose of challenging or supporting a single ballot
883 proposition, ordinance, or other governmental action by a county, city, town, local district,
884 special service district, or other local political subdivision of the state;
885 (B) have a common liberty, property, or financial interest that is directly impacted by
886 the ballot proposition, ordinance, or other governmental action;
887 (C) do not associate together, for the purpose described in Subsection (37)(b)(vi)(A),
888 via a legal entity;
889 (D) do not receive funds for challenging or supporting the ballot proposition,
890 ordinance, or other governmental action from a person other than an individual in the group;
891 and
892 (E) do not expend a total of more than $5,000 for the purpose described in Subsection
893 (37)(b)(vi)(A).
894 (38) (a) "Political issues contribution" means any of the following:
895 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
896 anything of value given to a political issues committee;
897 (ii) an express, legally enforceable contract, promise, or agreement to make a political
898 issues donation to influence the approval or defeat of any ballot proposition;
899 (iii) any transfer of funds received by a political issues committee from a reporting
900 entity;
901 (iv) compensation paid by another reporting entity for personal services rendered
902 without charge to a political issues committee; and
903 (v) goods or services provided to or for the benefit of a political issues committee at
904 less than fair market value.
905 (b) "Political issues contribution" does not include:
906 (i) services provided without compensation by individuals volunteering a portion or all
907 of their time on behalf of a political issues committee; or
908 (ii) money lent to a political issues committee by a financial institution in the ordinary
909 course of business.
910 (39) (a) "Political issues expenditure" means any of the following when made by a
911 political issues committee or on behalf of a political issues committee by an agent of the
912 reporting entity:
913 (i) any payment from political issues contributions made for the purpose of influencing
914 the approval or the defeat of:
915 (A) a ballot proposition; or
916 (B) an incorporation petition or incorporation election;
917 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
918 the express purpose of influencing the approval or the defeat of:
919 (A) a ballot proposition; or
920 (B) an incorporation petition or incorporation election;
921 (iii) an express, legally enforceable contract, promise, or agreement to make any
922 political issues expenditure;
923 (iv) compensation paid by a reporting entity for personal services rendered by a person
924 without charge to a political issues committee; or
925 (v) goods or services provided to or for the benefit of another reporting entity at less
926 than fair market value.
927 (b) "Political issues expenditure" does not include:
928 (i) services provided without compensation by individuals volunteering a portion or all
929 of their time on behalf of a political issues committee; or
930 (ii) money lent to a political issues committee by a financial institution in the ordinary
931 course of business.
932 (40) "Political purposes" means an act done with the intent or in a way to influence or
933 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
934 against any:
935 (a) candidate or a person seeking a municipal or county office at any caucus, political
936 convention, or election; or
937 (b) judge standing for retention at any election.
938 (41) (a) "Poll" means the survey of a person regarding the person's opinion or
939 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
940 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
941 person or by telephone, facsimile, Internet, postal mail, or email.
942 (b) "Poll" does not include:
943 (i) a ballot; or
944 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
945 (A) the focus group consists of more than three, and less than thirteen, individuals; and
946 (B) all individuals in the focus group are present during the interview.
947 (42) "Primary election" means any regular primary election held under the election
948 laws.
949 (43) "Publicly identified class of individuals" means a group of 50 or more individuals
950 sharing a common occupation, interest, or association that contribute to a political action
951 committee or political issues committee and whose names can be obtained by contacting the
952 political action committee or political issues committee upon whose financial statement the
953 individuals are listed.
954 (44) "Public office" means the office of governor, lieutenant governor, state auditor,
955 state treasurer, attorney general, state school board member, state senator, state representative,
956 speaker of the House of Representatives, president of the Senate, and the leader, whip, and
957 assistant whip of any party caucus in either house of the Legislature.
958 (45) (a) "Public service assistance" means the following when given or provided to an
959 officeholder to defray the costs of functioning in a public office or aid the officeholder to
960 communicate with the officeholder's constituents:
961 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
962 money or anything of value to an officeholder; or
963 (ii) goods or services provided at less than fair market value to or for the benefit of the
964 officeholder.
965 (b) "Public service assistance" does not include:
966 (i) anything provided by the state;
967 (ii) services provided without compensation by individuals volunteering a portion or all
968 of their time on behalf of an officeholder;
969 (iii) money lent to an officeholder by a financial institution in the ordinary course of
970 business;
971 (iv) news coverage or any publication by the news media; or
972 (v) any article, story, or other coverage as part of any regular publication of any
973 organization unless substantially all the publication is devoted to information about the
974 officeholder.
975 (46) "Receipts" means contributions and public service assistance.
976 (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
977 Lobbyist Disclosure and Regulation Act.
978 (48) "Registered political action committee" means any political action committee that
979 is required by this chapter to file a statement of organization with the Office of the Lieutenant
980 Governor.
981 (49) "Registered political issues committee" means any political issues committee that
982 is required by this chapter to file a statement of organization with the Office of the Lieutenant
983 Governor.
984 (50) "Registered political party" means an organization of voters that:
985 (a) participated in the last regular general election and polled a total vote equal to 2%
986 or more of the total votes cast for all candidates for the United States House of Representatives
987 for any of its candidates for any office; or
988 (b) has complied with the petition and organizing procedures of Chapter 8, Political
989 Party Formation and Procedures.
990 (51) (a) "Remuneration" means a payment:
991 (i) made to a legislator for the period the Legislature is in session; and
992 (ii) that is approximately equivalent to an amount a legislator would have earned
993 during the period the Legislature is in session in the legislator's ordinary course of business.
994 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
995 (i) the legislator's primary employer in the ordinary course of business; or
996 (ii) a person or entity in the ordinary course of business:
997 (A) because of the legislator's ownership interest in the entity; or
998 (B) for services rendered by the legislator on behalf of the person or entity.
999 (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1000 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
1001 action committee, a political issues committee, a corporation, or a labor organization, as
1002 defined in Section 20A-11-1501.
1003 (53) "School board office" means the office of state school board.
1004 (54) (a) "Source" means the person or entity that is the legal owner of the tangible or
1005 intangible asset that comprises the contribution.
1006 (b) "Source" means, for political action committees and corporations, the political
1007 action committee and the corporation as entities, not the contributors to the political action
1008 committee or the owners or shareholders of the corporation.
1009 (55) "State office" means the offices of governor, lieutenant governor, attorney general,
1010 state auditor, and state treasurer.
1011 (56) "State office candidate" means a person who:
1012 (a) files a declaration of candidacy for a state office; or
1013 (b) receives contributions, makes expenditures, or gives consent for any other person to
1014 receive contributions or make expenditures to bring about the person's nomination, election, or
1015 appointment to a state office.
1016 (57) "Summary report" means the year end report containing the summary of a
1017 reporting entity's contributions and expenditures.
1018 (58) "Supervisory board" means the individual or group of individuals that allocate
1019 expenditures from a political issues committee.
1020 Section 8. Section 63I-2-210 is amended to read:
1021 63I-2-210. Repeal dates -- Title 10.
1022 (1) Subsection 10-2a-106(2), the language that states ", including a township
1023 incorporation procedure as defined in Section 10-2a-105," is repealed July 1, 2016.
1024 (2) On July 1, 2018, the following are repealed:
1025 (a) in Subsection 10-2-403(5), the language that states "10-2a-302 or";
1026 (b) in Subsection 10-2-403(5)(b), the language that states "10-2a-302 or";
1027 (c) in Subsection 10-2a-106(2), the language that states "10-2a-302 or";
1028 (d) Section 10-2a-302;
1029 (e) Subsection 10-2a-302.5(2)(a);
1030 (f) in Subsection 10-2a-303(1), the language that states "10-2a-302 or";
1031 (g) in Subsection 10-2a-303(4), the language that states "10-2a-302(7)(b)(v) or" and
1032 "10-2a-302(7)(b)(iv) or";
1033 (h) in Subsection 10-2a-304(1)(a), the language that states "10-2a-302 or"; and
1034 (i) in Subsection 10-2a-304(1)(a)(ii), the language that states "Subsection 10-2a-302(5)
1035 or".
1036 [
1037 [
1038 [
1039 Section 9. Section 63I-2-220 is amended to read:
1040 63I-2-220. Repeal dates, Title 20A.
1041 [
1042 [
1043
1044 [
1045
1046 [
1047 [
1048
1049 [
1050
1051 [
1052 On July 1, 2018, in Subsection 20A-11-101(21), the language that states ", 10-2a-302,"
1053 is repealed.