1     
MUNICIPAL INCORPORATION AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Adam Robertson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the incorporation of a municipality.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     repeals Title 10, Chapter 2a, Part 3, Incorporation of a Town;
14          ▸     adds the incorporation of a town to the existing process for incorporating a city;
15          ▸     establishes qualifications for an area to incorporate as a municipality;
16          ▸     establishes a population density threshold for an area to incorporate as a
17     municipality;
18          ▸     amends provisions related to the content of a feasibility study;
19          ▸     requires a feasibility consultant to consult with certain governmental entities when
20     drafting a feasibility study;
21          ▸     changes the deadline by which a feasibility consultant is required to complete a
22     feasibility study;
23          ▸     establishes the Municipal Incorporation Expendable Special Revenue Fund for the
24     lieutenant governor's provision of municipal incorporation services;
25          ▸     establishes provisions related to a new municipality's responsibility to repay the
26     lieutenant governor for certain services rendered by the lieutenant governor during
27     the incorporation process; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:

30          This bill appropriates:
31          ▸     to the Municipal Incorporation Expendable Special Revenue Fund as a one-time
32     appropriation:
33               •     from the General Fund, $40,000.
34     Other Special Clauses:
35          This bill provides revisor instructions.
36          This bill provides a coordination clause.
37     Utah Code Sections Affected:
38     AMENDS:
39          10-2-403, as last amended by Laws of Utah 2017, Chapter 452
40          10-2a-102, as renumbered and amended by Laws of Utah 2015, Chapter 352
41          10-2a-106, as last amended by Laws of Utah 2017, Chapter 452
42          10-2a-201, as enacted by Laws of Utah 2015, Chapter 352
43          10-2a-202, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
44     amended by Laws of Utah 2015, Chapter 352
45          10-2a-203, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
46     amended by Laws of Utah 2015, Chapter 352
47          10-2a-204, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
48     amended by Laws of Utah 2015, Chapter 352
49          10-2a-205, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
50     amended by Laws of Utah 2015, Chapter 352
51          10-2a-206, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
52     amended by Laws of Utah 2015, Chapter 352
53          10-2a-207, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
54     amended by Laws of Utah 2015, Chapter 352
55          10-2a-208, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
56     amended by Laws of Utah 2015, Chapter 352
57          10-2a-209, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and

58     amended by Laws of Utah 2015, Chapter 352
59          10-2a-210, as last amended by Laws of Utah 2015, Chapters 111, 157 and renumbered
60     and amended by Laws of Utah 2015, Chapter 352
61          10-2a-211, as renumbered and amended by Laws of Utah 2015, Chapter 352
62          10-2a-212, as renumbered and amended by Laws of Utah 2015, Chapter 352
63          10-2a-213, as renumbered and amended by Laws of Utah 2015, Chapter 352
64          10-2a-214, as last amended by Laws of Utah 2017, Chapter 91
65          10-2a-215, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
66     amended by Laws of Utah 2015, Chapter 352 and last amended by Coordination
67     Clause, Laws of Utah 2015, Chapter 352
68          10-2a-216, as renumbered and amended by Laws of Utah 2015, Chapter 352
69          10-2a-217, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
70     amended by Laws of Utah 2015, Chapter 352
71          10-2a-218, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
72     amended by Laws of Utah 2015, Chapter 352
73          10-2a-219, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
74     amended by Laws of Utah 2015, Chapter 352
75          10-2a-220, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
76     amended by Laws of Utah 2015, Chapter 352
77          10-2a-402, as last amended by Laws of Utah 2017, Chapter 367
78          10-2a-413, as enacted by Laws of Utah 2015, Chapter 352
79          20A-1-203, as last amended by Laws of Utah 2018, Chapters 68 and 415
80          20A-11-101, as last amended by Laws of Utah 2017, Chapter 452
81          63I-2-210, as last amended by Laws of Utah 2018, Second Special Session, Chapter 6
82          67-1a-2, as last amended by Laws of Utah 2018, Chapter 330
83     ENACTS:
84          10-2a-201.5, Utah Code Annotated 1953
85     REPEALS:

86          10-2a-221, as renumbered and amended by Laws of Utah 2015, Chapter 352
87          10-2a-301, as enacted by Laws of Utah 2015, Chapter 352
88          10-2a-302.5, as last amended by Laws of Utah 2018, Chapters 281 and 330
89          10-2a-303, as last amended by Laws of Utah 2017, Chapter 452
90          10-2a-304, as last amended by Laws of Utah 2017, Chapter 452
91          10-2a-305, as renumbered and amended by Laws of Utah 2015, Chapter 352 and
92     repealed and reenacted by Laws of Utah 2015, Chapter 111
93          10-2a-305.1, as last amended by Laws of Utah 2018, Chapter 11
94          10-2a-305.2, as enacted by Laws of Utah 2015, Chapter 111 and last amended by
95     Coordination Clause, Laws of Utah 2015, Chapter 352
96          10-2a-306, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
97     amended by Laws of Utah 2015, Chapter 352
98          10-2a-307, as enacted by Laws of Utah 2015, Chapter 157 and last amended by
99     Coordination Clause, Laws of Utah 2015, Chapter 352
100     Utah Code Sections Affected by Revisor Instructions:
101          10-2a-106, as last amended by Laws of Utah 2017, Chapter 452
102     Utah Code Sections Affected by Coordination Clause:
103          10-2a-207, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
104     amended by Laws of Utah 2015, Chapter 352
105          10-2a-210, as last amended by Laws of Utah 2015, Chapters 111, 157 and renumbered
106     and amended by Laws of Utah 2015, Chapter 352
107          10-2a-213, as renumbered and amended by Laws of Utah 2015, Chapter 352
108          10-2a-214, as last amended by Laws of Utah 2017, Chapter 91
109          10-2a-215, as last amended by Laws of Utah 2015, Chapter 111 and renumbered and
110     amended by Laws of Utah 2015, Chapter 352 and last amended by Coordination
111     Clause, Laws of Utah 2015, Chapter 352
112     

113     Be it enacted by the Legislature of the state of Utah:

114          Section 1. Section 10-2-403 is amended to read:
115          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
116          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
117     area to a municipality is initiated by a petition as provided in this section.
118          (2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
119     annexation of an area located in a county of the first class, the person or persons intending to
120     file a petition shall:
121          (A) file with the city recorder or town clerk of the proposed annexing municipality a
122     notice of intent to file a petition; and
123          (B) send a copy of the notice of intent to each affected entity.
124          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
125     area that is proposed to be annexed.
126          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
127     annexed is located shall:
128          (A) mail the notice described in Subsection (2)(b)(iii) to:
129          (I) each owner of real property located within the area proposed to be annexed; and
130          (II) each owner of real property located within 300 feet of the area proposed to be
131     annexed; and
132          (B) send to the proposed annexing municipality a copy of the notice and a certificate
133     indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
134          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
135     days after receiving from the person or persons who filed the notice of intent:
136          (A) a written request to mail the required notice; and
137          (B) payment of an amount equal to the county's expected actual cost of mailing the
138     notice.
139          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
140          (A) be in writing;
141          (B) state, in bold and conspicuous terms, substantially the following:

142          "Attention: Your property may be affected by a proposed annexation.
143          Records show that you own property within an area that is intended to be included in a
144     proposed annexation to (state the name of the proposed annexing municipality) or that is within
145     300 feet of that area. If your property is within the area proposed for annexation, you may be
146     asked to sign a petition supporting the annexation. You may choose whether [or not] to sign
147     the petition. By signing the petition, you indicate your support of the proposed annexation. If
148     you sign the petition but later change your mind about supporting the annexation, you may
149     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
150     of (state the name of the proposed annexing municipality) within 30 days after (state the name
151     of the proposed annexing municipality) receives notice that the petition has been certified.
152          There will be no public election on the proposed annexation because Utah law does not
153     provide for an annexation to be approved by voters at a public election. Signing or not signing
154     the annexation petition is the method under Utah law for the owners of property within the area
155     proposed for annexation to demonstrate their support of or opposition to the proposed
156     annexation.
157          You may obtain more information on the proposed annexation by contacting (state the
158     name, mailing address, telephone number, and email address of the official or employee of the
159     proposed annexing municipality designated to respond to questions about the proposed
160     annexation), (state the name, mailing address, telephone number, and email address of the
161     county official or employee designated to respond to questions about the proposed annexation),
162     or (state the name, mailing address, telephone number, and email address of the person who
163     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
164     notice of intent, one of those persons). Once filed, the annexation petition will be available for
165     inspection and copying at the office of (state the name of the proposed annexing municipality)
166     located at (state the address of the municipal offices of the proposed annexing municipality).";
167     and
168          (C) be accompanied by an accurate map identifying the area proposed for annexation.
169          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any

170     other information or materials related or unrelated to the proposed annexation.
171          (c) (i) After receiving the certificate from the county as provided in Subsection
172     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
173     who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
174     the annexation proposed in the notice of intent.
175          (ii) An annexation petition provided by the proposed annexing municipality may be
176     duplicated for circulation for signatures.
177          (3) Each petition under Subsection (1) shall:
178          (a) be filed with the applicable city recorder or town clerk[, as the case may be,] of the
179     proposed annexing municipality;
180          (b) contain the signatures of, if all the real property within the area proposed for
181     annexation is owned by a public entity other than the federal government, the owners of all the
182     publicly owned real property, or the owners of private real property that:
183          (i) is located within the area proposed for annexation;
184          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
185     within the area proposed for annexation;
186          (B) covers 100% of rural real property as that term is defined in Section 17B-2a-1107
187     within the area proposed for annexation; and
188          (C) covers 100% of the private land area within the area proposed for annexation, if the
189     area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and
190     Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter
191     28, Migratory Bird Production Area; and
192          (iii) is equal in value to at least 1/3 of the value of all private real property within the
193     area proposed for annexation;
194          (c) be accompanied by:
195          (i) an accurate and recordable map, prepared by a licensed surveyor, of the area
196     proposed for annexation; and
197          (ii) a copy of the notice sent to affected entities as required under Subsection

198     (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
199          (d) if the area proposed to be annexed is located in a county of the first class, contain
200     on each signature page a notice in bold and conspicuous terms that states substantially the
201     following:
202          "Notice:
203          • There will be no public election on the annexation proposed by this petition because
204     Utah law does not provide for an annexation to be approved by voters at a public election.
205          • If you sign this petition and later decide that you do not support the petition, you may
206     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
207     of (state the name of the proposed annexing municipality). If you choose to withdraw your
208     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
209     municipality) receives notice that the petition has been certified.";
210          (e) if the petition proposes the annexation of an area located in a county that is not the
211     county in which the proposed annexing municipality is located, be accompanied by a copy of
212     the resolution, required under Subsection 10-2-402(6), of the legislative body of the county in
213     which the area is located; and
214          (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
215     designated as the contact sponsor, and indicate the mailing address of each sponsor.
216          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
217     area proposed for annexation to a municipality in a previously filed petition that has not been
218     denied, rejected, or granted.
219          (5) A petition under Subsection (1) proposing the annexation of an area located in a
220     county of the first class may not propose the annexation of an area that includes some or all of
221     an area proposed to be incorporated in a request for a feasibility study under Section 10-2a-202
222     [or a petition under Section 10-2a-302.5] if:
223          (a) the request or petition was filed before the filing of the annexation petition; and
224          (b) the request, or a petition under Section 10-2a-208 based on that request, [or a
225     petition under Section 10-2a-302.5] is still pending on the date the annexation petition is filed.

226          (6) If practicable and feasible, the boundaries of an area proposed for annexation shall
227     be drawn:
228          (a) along the boundaries of existing local districts and special service districts for
229     sewer, water, and other services, along the boundaries of school districts whose boundaries
230     follow city boundaries or school districts adjacent to school districts whose boundaries follow
231     city boundaries, and along the boundaries of other taxing entities;
232          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
233     services;
234          (c) to facilitate the consolidation of overlapping functions of local government;
235          (d) to promote the efficient delivery of services; and
236          (e) to encourage the equitable distribution of community resources and obligations.
237          (7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
238     petition to the clerk of the county in which the area proposed for annexation is located.
239          (8) A property owner who signs an annexation petition proposing to annex an area
240     located in a county of the first class may withdraw the owner's signature by filing a written
241     withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
242     days after the municipal legislative body's receipt of the notice of certification under
243     Subsection 10-2-405(2)(c)(i).
244          Section 2. Section 10-2a-102 is amended to read:
245          10-2a-102. Definitions.
246          (1) As used in this part:
247          (a) "Feasibility consultant" means a person or firm:
248          (i) with expertise in the processes and economics of local government; and
249          (ii) who is independent of and not affiliated with a county or sponsor of a petition to
250     incorporate.
251          (b) (i) "Municipal service" means any of the following that are publicly provided:
252          (A) culinary water;
253          (B) secondary water;

254          (C) sewer service;
255          (D) storm drainage or flood control;
256          (E) recreational facilities or parks;
257          (F) electrical power generation or distribution;
258          (G) construction or maintenance of local streets and roads;
259          (H) street lighting;
260          (I) curb, gutter, and sidewalk maintenance;
261          (J) law or code enforcement service;
262          (K) fire protection service;
263          (L) animal services;
264          (M) planning and zoning;
265          (N) building permits and inspections;
266          (O) refuse collection; or
267          (P) weed control.
268          (ii) "Municipal service" includes the physical facilities required to provide a service
269     described in Subsection (1)(b)(i).
270          [(b)] (c) "Private," with respect to real property, means taxable property.
271          (2) For purposes of this part:
272          (a) the owner of real property shall be the record title owner according to the records of
273     the county recorder on the date of the filing of the request or petition; and
274          (b) the value of private real property shall be determined according to the last
275     assessment roll for county taxes before the filing of the request or petition.
276          (3) For purposes of each provision of this part that requires the owners of private real
277     property covering a percentage or fraction of the total private land area within an area to sign a
278     request or petition:
279          (a) a parcel of real property may not be included in the calculation of the required
280     percentage or fraction unless the request or petition is signed by:
281          (i) except as provided in Subsection (3)(a)(ii), owners representing a majority

282     ownership interest in that parcel; or
283          (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
284     of owners of that parcel;
285          (b) the signature of a person signing a request or petition in a representative capacity on
286     behalf of an owner is invalid unless:
287          (i) the person's representative capacity and the name of the owner the person represents
288     are indicated on the request or petition with the person's signature; and
289          (ii) the person provides documentation accompanying the request or petition that
290     substantiates the person's representative capacity; and
291          (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
292     request or petition on behalf of a deceased owner.
293          Section 3. Section 10-2a-106 is amended to read:
294          10-2a-106. Feasibility study or petition to incorporate filed before May 12, 2015.
295          (1) If a request for a feasibility study to incorporate a city is filed under Section
296     10-2a-202 before May 12, 2015, the request and a subsequent feasibility study, petition, public
297     hearing, election, and any other city incorporation action applicable to that request shall be
298     filed with and be acted upon, held, processed, or paid for by the county legislative body or
299     county clerk, as applicable, as designated, directed, or authorized before Laws of Utah 2015,
300     Chapter 157, takes effect.
301          (2) If a petition to incorporate a town is filed [under Section 10-2a-302.5] before May
302     12, 2015, the petition and a subsequent feasibility study, petition, public hearing, election, and
303     any other town incorporation action applicable to that petition to incorporate shall be filed with
304     and be acted upon, held, processed, or paid for by the county legislative body or county clerk,
305     as applicable, as designated, directed, or authorized before Laws of Utah 2015, Chapter 157,
306     takes effect.
307          (3) If an individual files a request for a feasibility study for the incorporation of a city,
308     or an application for an incorporation petition for the incorporation of a town, before May 14,
309     2019, the process for incorporating that city or town under that request or application is not

310     subject to this bill.
311          Section 4. Section 10-2a-201 is amended to read:
312     
Part 2. Incorporation of a Municipality

313          10-2a-201. Title.
314          This part is known as "Incorporation of a [City] Municipality."
315          Section 5. Section 10-2a-201.5 is enacted to read:
316          10-2a-201.5. Qualifications for incorporation.
317          (1) (a) An area may incorporate as a town in accordance with this part if the area:
318          (i) subject to Subsection (1)(c), is contiguous;
319          (ii) has a population of at least 100 people, but fewer than 1,000 people; and
320          (iii) is not already part of a municipality.
321          (b) An area may incorporate as a city in accordance with this part if the area:
322          (i) subject to Subsection (1)(c), is contiguous;
323          (ii) has a population of 1,000 people or more; and
324          (iii) is not already part of a municipality.
325          (c) An area is not contiguous for purposes of Subsection (1)(a)(i) or (b)(i) if:
326          (i) the area includes a strip of land that connects geographically separate areas; and
327          (ii) the distance between the geographically separate areas is greater than the average
328     width of the strip of land connecting the geographically separate areas.
329          (2) (a) An area may not incorporate under this part if:
330          (i) the area has a population of fewer than 100 people; or
331          (ii) except as provided in Subsection (2)(b), the area has an average population density
332     of fewer than seven people per square mile.
333          (b) Subject to Subsection (1)(c), an area that does not comply with Subsection (2)(a)(ii)
334     may incorporate under this part if the noncompliance is necessary to connect separate areas that
335     share a demonstrable community interest.
336          (3) Subject to Subsection (1)(c), an area incorporating under this part may not include
337     land owned by the United States federal government unless:

338          (a) incorporating the land is necessary to connect separate areas that share a
339     demonstrable community interest; or
340          (b) excluding the land from the incorporating area would create an unincorporated
341     island within the proposed municipality.
342          (4) (a) Except as provided in Subsection (4)(b), an area incorporating under this part
343     may not include some or all of an area proposed for annexation in an annexation petition under
344     Section 10-2-403 that:
345          (i) was filed before the filing of the request for a feasibility study, described in Section
346     10-2a-202, relating to the incorporating area; and
347          (ii) is still pending on the date the request for the feasibility study described in
348     Subsection (4)(a)(i) is filed.
349          (b) A request for a feasibility study may propose for incorporation an area that includes
350     some or all of an area proposed for annexation in an annexation petition described in
351     Subsection (4)(a) if:
352          (i) the proposed annexation area that is part of the area proposed for incorporation does
353     not exceed 20% of the area proposed for incorporation;
354          (ii) the request complies with Subsections 10-2a-202(1) and (2) with respect to
355     excluding the proposed annexation area from the area proposed for incorporation; and
356          (iii) excluding the area proposed for annexation from the area proposed for
357     incorporation would not cause the area proposed for incorporation to not be contiguous under
358     Subsection (1)(c).
359          (c) Except as provided in Section 10-2a-206, the lieutenant governor shall consider
360     each request to which Subsection (4)(b) applies as not proposing the incorporation of an area
361     proposed for annexation.
362          Section 6. Section 10-2a-202 is amended to read:
363          10-2a-202. Request for feasibility study -- Requirements -- Limitations.
364          (1) The process to incorporate a contiguous area of a county as a [city] municipality is
365     initiated by an individual filing a request for a feasibility study [filed] with the Office of the

366     Lieutenant Governor[.] that:
367          [(2) Each request under Subsection (1) shall:]
368          (a) [be] is signed by the owners of private real property that:
369          (i) is located within the area proposed to be incorporated;
370          (ii) covers at least 10% of the total private land area within the area; and
371          (iii) is equal in value to at least 7% of the value of all private real property within the
372     area;
373          (b) [indicate] indicates the typed or printed name and current residence address of each
374     owner signing the request;
375          (c) [describe] describes the contiguous area proposed to be incorporated as a [city]
376     municipality;
377          (d) [designate] designates up to five signers of the request as sponsors, one of whom
378     [shall be] is designated as the contact sponsor, with the mailing address and telephone number
379     of each;
380          (e) [be] is accompanied by and circulated with an accurate map or plat, prepared by a
381     licensed surveyor, showing a legal description of the boundaries of the proposed [city]
382     municipality; and
383          (f) [request] requests the lieutenant governor to commission a study to determine the
384     feasibility of incorporating the area as a [city] municipality.
385          [(3)] (2) A request for a feasibility study under this section may not propose for
386     incorporation an area that includes some or all of an area that is the subject of a completed
387     feasibility study or supplemental feasibility study whose results comply with Subsection
388     [10-2a-208(3)] 10-2a-205(6)(a) unless:
389          (a) the proposed incorporation that is the subject of the completed feasibility study or
390     supplemental feasibility study has been defeated by the voters at an election under Section
391     10-2a-210; or
392          (b) the time [provided under] described in Subsection 10-2a-208(1) for filing an
393     incorporation petition based on the completed feasibility study or supplemental feasibility study

394     has elapsed without [the filing of a petition] the sponsors filing an incorporation petition under
395     Section 10-2a-208.
396          [(4) (a) Except as provided in Subsection (4)(b), a request under this section may not
397     propose for incorporation an area that includes some or all of an area proposed for annexation
398     in an annexation petition under Section 10-2-403 that:]
399          [(i) was filed before the filing of the request; and]
400          [(ii) is still pending on the date the request is filed.]
401          [(b) Notwithstanding Subsection (4)(a), a request may propose for incorporation an
402     area that includes some or all of an area proposed for annexation in an annexation petition
403     described in Subsection (4)(a) if:]
404          [(i) the proposed annexation area that is part of the area proposed for incorporation
405     does not exceed 20% of the area proposed for incorporation;]
406          [(ii) the request complies with Subsections (2) and (3) with respect to the area
407     proposed for incorporation excluding the proposed annexation area; and]
408          [(iii) excluding the area proposed for annexation from the area proposed for
409     incorporation would not cause the area proposed for incorporation to lose its contiguousness.]
410          [(c) Except as provided in Section 10-2a-206, each request to which Subsection (4)(b)
411     applies shall be considered as not proposing the incorporation of the area proposed for
412     annexation.]
413          (3) Sponsors may not file a request under this section regarding the incorporation of a
414     town if the cumulative private real property that the sponsors own exceeds 40% of the total
415     private land area within the boundaries of the proposed town.
416          Section 7. Section 10-2a-203 is amended to read:
417          10-2a-203. Notice to owner of property -- Exclusion of property from proposed
418     boundaries.
419          (1) As used in this section:
420          (a) "Assessed value" with respect to property means the value at which the property
421     would be assessed without regard to a valuation for agricultural use under Section 59-2-503.

422          (b) "Owner" means a person having an interest in real property, including an affiliate,
423     subsidiary, or parent company.
424          [(c) "Urban" means an area with a residential density of greater than one unit per acre.]
425          (2) Within seven calendar days [of the date] after the day on which an individual files a
426     request under Section 10-2a-202 [is filed], the lieutenant governor shall send written notice of
427     the proposed incorporation to each record owner of real property owning more than:
428          (a) 1% of the assessed value of all property in the proposed incorporation boundaries;
429     or
430          (b) 10% of the total private land area within the proposed incorporation boundaries.
431          (3) If an owner owns, controls, or manages more than 1% of the assessed value of all
432     property in the proposed incorporation boundaries, or owns, controls, or manages 10% or more
433     of the total private land area in the proposed incorporation boundaries, the owner may request
434     that the lieutenant governor exclude all or part of the property owned, controlled, or managed
435     by the owner from the proposed boundaries by filing a [Notice of Exclusion] notice of
436     exclusion with the Office of the Lieutenant Governor:
437          (a) that describes the property for which the owner requests exclusion; and
438          (b) within 15 calendar days [of receiving the clerk's notice under] after the day on
439     which the owner receives the notice described in Subsection (2).
440          (4) The lieutenant governor shall exclude the property identified by an owner [in the
441     Notice of Exclusion] under Subsection (3) from the proposed incorporation boundaries unless
442     the lieutenant governor finds by clear and convincing evidence [in the record] that:
443          (a) the exclusion will leave an unincorporated island within the proposed municipality;
444     and
445          (b) the property [to be excluded: (i) is urban; and (ii) currently] receives from the
446     county a majority of [municipal-type services including:] currently provided municipal
447     services.
448          [(A) culinary or irrigation water;]
449          [(B) sewage collection or treatment;]

450          [(C) storm drainage or flood control;]
451          [(D) recreational facilities or parks;]
452          [(E) electric generation or transportation;]
453          [(F) construction or maintenance of local streets and roads;]
454          [(G) curb and gutter or sidewalk maintenance;]
455          [(H) garbage and refuse collection; and]
456          [(I) street lighting.]
457          [(5) This section applies only to counties of the first or second class.]
458          [(6) If the lieutenant governor excludes property from the proposed boundaries under
459     Subsection (4), the lieutenant governor shall, within five days of the exclusion, send written
460     notice of the exclusion to the contact sponsor.]
461          (5) Within five days after the day on which the lieutenant governor makes a
462     determination on whether to exclude a property under Subsection (4), the lieutenant governor
463     shall mail or transmit to the owner that requested the property's exclusion and to the contact
464     sponsor written notice of whether the property is excluded from the proposed incorporation
465     boundaries.
466          Section 8. Section 10-2a-204 is amended to read:
467          10-2a-204. Processing a request for incorporation -- Certification or rejection by
468     lieutenant governor -- Processing priority -- Determination by the Utah Population
469     Committee.
470          (1) Within 45 days [of the filing of a request] after the day on which an individual files
471     a request under Section 10-2a-202, the lieutenant governor shall:
472          (a) with the assistance of other county officers of the county in which the incorporation
473     is proposed from whom the lieutenant governor requests assistance, determine whether the
474     request complies with Section 10-2a-202; and
475          (b) (i) if the lieutenant governor determines that the request complies with Section
476     10-2a-202:
477          (A) certify the request; [and]

478          (B) [mail or deliver] transmit written notification of the certification to the contact
479     sponsor; [or] and
480          (C) transmit written notification of the certification to the Utah Population Committee;
481     or
482          (ii) if the lieutenant governor determines that the request fails to comply with Section
483     10-2a-202 [requirements], reject the request and notify the contact sponsor in writing of the
484     rejection and the reasons for the rejection.
485          (2) (a) Within 20 days after the day on which the lieutenant governor transmits written
486     notification under Subsection (1)(b)(i)(C), the Utah Population Committee shall:
487          (i) determine whether, on the date the sponsors filed the request under Section
488     10-2a-202 for the proposed municipality, the proposed municipality complied with the
489     population, population density, and contiguity requirements described in Section 10-2a-201.5;
490     and
491          (ii) provide the determination to the lieutenant governor.
492          (b) If the Utah Population Committee determines that a proposed municipality does not
493     comply with the population, population density, or contiguity requirements described in
494     Section 10-2a-201.5, the lieutenant governor shall rescind the certification described in
495     Subsection (1)(b)(i) and reject the application in accordance with Subsection (1)(b)(ii).
496          [(2)] (3) The lieutenant governor shall certify or reject requests under Subsection (1) in
497     the order in which [they] the requests are filed.
498          [(3)] (4) (a) (i) If the lieutenant governor rejects a request under Subsection (1)(b)(ii),
499     the [request may be amended] sponsors may, subject to Section 10-2a-206, amend the request
500     to correct the deficiencies for which [it was rejected and then refiled] the lieutenant governor
501     rejected the request and refile the request with the lieutenant governor.
502          [(ii) A signature on a request under Section 10-2a-202 may be used toward fulfilling
503     the signature requirement of Subsection 10-2a-202(2)(a) for the request as modified under
504     Subsection (3)(a)(i).]
505          (ii) The sponsors shall submit any amended request within 90 days after the day on

506     which the lieutenant governor rejects the request under Subsection (1)(b)(ii).
507          (iii) The sponsors may reuse a signature described in Subsection 10-2a-202(1)(a) that is
508     on a rejected request or on an amended request described in Subsection (4)(a)(i).
509          (b) [If a request is] The lieutenant governor shall consider a request that is amended
510     and refiled under Subsection [(3)(a) after having been rejected by the lieutenant governor under
511     Subsection (1)(b)(ii), it shall be considered as a newly filed request, and its processing priority
512     is determined by the date on which it is refiled] (4)(a) as a newly filed request and process the
513     request in accordance with Subsection (3).
514          Section 9. Section 10-2a-205 is amended to read:
515          10-2a-205. Feasibility study -- Feasibility study consultant -- Qualifications for
516     proceeding with incorporation.
517          (1) Within 90 days [of receipt of a certified request] after the day on which the
518     lieutenant governor receives a request that the lieutenant governor certifies under Subsection
519     10-2a-204(1)(b)(i), the lieutenant governor shall engage [the] a feasibility consultant [chosen
520     under] selected, in accordance with Subsection (2), to conduct a feasibility study.
521          [(2) The feasibility consultant shall be chosen:]
522          [(a) (i) by the contact sponsor of the incorporation petition with the consent of the
523     lieutenant governor; or]
524          [(ii) by the lieutenant governor if the designated sponsors state, in writing, that the
525     contact sponsor defers selection of the feasibility consultant to the lieutenant governor; and]
526          [(b) in accordance with applicable procurement procedures.]
527          (2) (a) The lieutenant governor shall select a feasibility consultant in accordance with
528     Title 63G, Chapter 6a, Utah Procurement Code.
529          (b) The lieutenant governor shall ensure that a feasibility consultant selected under
530     Subsection (2)(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 feasibility study request to which the feasibility study relates; or

534          (B) the county in which the proposed municipality is located.
535          (3) The lieutenant governor shall require the feasibility consultant to:
536          [(a) complete the feasibility study and submit the written results to the lieutenant
537     governor,]
538          (a) submit a draft of the feasibility study to each applicable person with whom the
539     feasibility consultant is required to consult under Subsection (4)(c) within 90 days after the day
540     on which the lieutenant governor engages the feasibility consultant to conduct the study;
541          (b) allow each person to whom the consultant provides a draft under Subsection (3)(a)
542     to review and provide comment on the draft;
543          (c) submit a completed feasibility study, including a one-page summary of the results,
544     to the following within 120 days after the day on which the lieutenant governor engages the
545     feasibility consultant to conduct the study:
546          (i) the lieutenant governor;
547          (ii) the county legislative body of the county in which the incorporation is proposed[,
548     and];
549          (iii) the contact sponsor [no later than 90 days after the feasibility consultant is engaged
550     to conduct the study]; and
551          (iv) each person to whom the consultant provided a draft under Subsection (3)(a); and
552          [(b) submit with the full written results of the feasibility study a summary of the results
553     no longer than one page in length; and]
554          [(c)] (d) attend the public hearings [under Subsection 10-2a-207(1) and] described in
555     Section 10-2a-207 to present the feasibility study results and respond to questions from the
556     public [at those hearings].
557          [(4) (a) The feasibility study shall consider:]
558          (4) (a) The feasibility consultant shall ensure that the feasibility study includes:
559          (i) an analysis of the population and population density within the area proposed for
560     incorporation and the surrounding area;
561          [(ii) current and five-year projections of demographics and economic base in]

562          (ii) the current and projected five-year demographics and tax base within the
563     boundaries of the proposed [city] municipality and surrounding area, including household size
564     and income, commercial and industrial development, and public facilities;
565          [(iii) projected growth in the proposed city and in adjacent areas during the next five
566     years;]
567          [(iv) subject to Subsection (4)(b), the present and five-year projections of the cost,
568     including overhead, of governmental services in the proposed city, including:]
569          [(A) culinary water;]
570          [(B) secondary water;]
571          [(C) sewer;]
572          [(D) law enforcement;]
573          [(E) fire protection;]
574          [(F) roads and public works;]
575          [(G) garbage;]
576          [(H) weeds; and]
577          [(I) government offices;]
578          (iii) subject to Subsection (4)(b), the current and five-year projected cost of providing
579     municipal services to the proposed municipality, including administrative costs;
580          [(v)] (iv) assuming the same tax categories and tax rates as currently imposed by the
581     county and all other current service providers, the present and five-year projected revenue for
582     the proposed [city] municipality;
583          [(vi) a projection of any new taxes per household]
584          (v) an analysis of the risks and opportunities that might affect the actual costs described
585     in Subsection (4)(a)(iii) or revenues described in Subsection (4)(a)(iv) of the newly
586     incorporated municipality;
587          (vi) an analysis of new revenue sources that may be available to the newly incorporated
588     municipality that are not available before the area incorporates, including an analysis of the
589     amount of revenues the municipality might obtain from those revenue sources;

590          (vii) the projected tax burden per household of any new taxes that may be levied within
591     the [incorporated area] proposed municipality within five years [of] after incorporation; [and]
592          [(vii)] (viii) the fiscal impact of the municipality's incorporation on unincorporated
593     areas, other municipalities, local districts, special service districts, and other governmental
594     entities in the county[.]; and
595          (ix) if the lieutenant governor excludes property from the proposed municipality under
596     Section 10-2a-203, an update to the map and legal description described in Subsection
597     10-2a-202(1)(e).
598          (b) (i) For purposes of Subsection (4)(a)[(iv)](iii), the feasibility consultant shall
599     assume the proposed municipality will provide a level and quality of [governmental services to
600     be provided to the proposed city in the future] municipal services that fairly and reasonably
601     approximate the level and quality of [governmental] municipal services [being] that are
602     provided to the area of the proposed [city at the time of] municipality at the time the feasibility
603     consultant conducts the feasibility study.
604          (ii) In determining the present cost of a [governmental service] municipal service, the
605     feasibility consultant shall consider:
606          (A) the amount it would cost the proposed [city] municipality to provide
607     [governmental] the municipal service for the first five years after the municipality's
608     incorporation; and
609          (B) the [county's] current municipal service provider's present and five-year projected
610     cost of providing [governmental] the municipal service.
611          [(iii) The costs calculated under Subsection (4)(a)(iv), shall take into account inflation
612     and anticipated growth.]
613          (iii) In calculating costs under Subsection (4)(a)(iii), the feasibility consultant shall
614     account for inflation and anticipated growth.
615          (c) In conducting the feasibility study, the feasibility consultant shall consult with the
616     following before submitting a draft of the feasibility study under Subsection (3)(a):
617          (i) if the proposed municipality will include lands owned by the United States federal

618     government, the entity within the United States federal government that has jurisdiction over
619     the land;
620          (ii) if the proposed municipality will include lands owned by the state, the entity within
621     state government that has jurisdiction over the land;
622          (iii) each entity that provides a municipal service to a portion of the proposed
623     municipality; and
624          (iv) any other special service district that provides services to a portion of the proposed
625     municipality.
626          (5) If the [five year] five-year projected revenues calculated under Subsection
627     (4)(a)[(v)](iv) exceed the [five year] five-year projected costs calculated under Subsection
628     (4)(a)[(iv)](iii) by more than 5%, the feasibility consultant shall project and report the expected
629     annual revenue surplus to the contact sponsor and the lieutenant governor.
630          (6) (a) Except as provided in Subsection (6)(b), if the results of the feasibility study, or
631     a supplemental feasibility study described in Section 10-2a-206, show that the average annual
632     amount of revenue calculated under Subsection (4)(a)(iv) does not exceed the average annual
633     cost calculated under Subsection (4)(a)(iii) by more than 5%, the process to incorporate the
634     area that is the subject of the feasibility study or supplemental feasibility study may not
635     proceed.
636          (b) The process to incorporate an area described in Subsection (6)(a) may proceed if a
637     subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed
638     incorporation demonstrates compliance with Subsection (6)(a).
639          [(6)] (7) If the results of the feasibility study or revised feasibility study do not [meet
640     the requirements of Subsection 10-2a-208(3)] comply with Subsection (6), and if requested by
641     the sponsors of the request, the feasibility consultant shall, as part of the feasibility study or
642     revised feasibility study [and if requested by the sponsors of the request], make
643     recommendations [as to] regarding how the boundaries of the proposed [city] municipality may
644     be altered [so that the requirements of Subsection 10-2a-208(3) may be met] to comply with
645     Subsection (6).

646          (8) The lieutenant governor shall post a copy of the feasibility study, and any
647     supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor's
648     website and make a copy available for public review at the Office of the Lieutenant Governor.
649          Section 10. Section 10-2a-206 is amended to read:
650          10-2a-206. Modified request for feasibility study -- Supplemental feasibility
651     study.
652          (1) (a) [(i)] The sponsors of a feasibility study request may modify the request to alter
653     the boundaries of the proposed [city and then refile the request, as modified,] municipality and
654     refile the modified request with the lieutenant governor if:
655          [(A)] (i) the results of the feasibility study do not [meet the requirements of Subsection
656     10-2a-208(3)] comply with Subsection 10-2a-205(6)(a); or
657          [(B) (I)] (ii) (A) the request [meets the conditions of] complies with Subsection
658     [10-2a-202] 10-2a-201.5(4)(b);
659          [(II)] (B) the annexation petition that proposed the annexation of an area that is part of
660     the area proposed for incorporation has been denied; and
661          [(III)] (C) an incorporation petition based on the request has not been filed.
662          [(ii) (A)] (b) (i) [A] The sponsors of a feasibility study request may not file a modified
663     request under Subsection (1)(a)(i)[(A) may not be filed] more than 90 days after the [feasibility
664     consultant's submission of the results of the study] day on which the feasibility consultant
665     submits the final results of the feasibility study under Subsection 10-2a-205(3)(c).
666          [(B)] (ii) [A] The sponsors of a request may not file a modified request under
667     Subsection [(1)(a)(i)(B) may not be filed] (1)(a)(ii) more than 18 months after [the filing of]
668     filing the original request under Section 10-2a-202.
669          [(b)] (c) (i) Subject to Subsection (1)[(b)](c)(ii), each modified request under
670     Subsection (1)(a) shall comply with [the requirements of Subsections 10-2a-202(2), (3), and
671     (4)] Subsections 10-2a-202(1) and (2) and Subsection 10-2a-201.5(4).
672          (ii) Notwithstanding Subsection (1)[(b)](c)(i), a signature on a request filed under
673     Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection

674     10-2a-202[(2)](1)(a) for the request as modified under Subsection (1)(a), unless the modified
675     request proposes the incorporation of an area that is more than 20% [greater] larger or smaller
676     than the area described by the original request in terms of:
677          (A) private land area; or
678          (B) value of private real property.
679          (2) Within 20 days after the lieutenant governor's receipt of the modified request, the
680     lieutenant governor shall follow the same procedure under Subsection 10-2a-204(1) for the
681     modified request as [provided under Subsection 10-2a-204(1)] for an original request.
682          (3) The timely filing of a modified request under Subsection (1) gives the modified
683     request the same processing priority under Subsection 10-2a-204[(2)](3) as the original request.
684          (4) Within 10 days after the day on which the lieutenant [governor's receipt of a
685     certified] governor receives a modified request under Subsection (1)(a)[(i)(A) or a certified
686     modified request under Subsection (1)(a)(i)(B) that was filed after the completion of a
687     feasibility study on the original request] that relates to a request for which a feasibility study
688     has already been completed, the lieutenant governor shall commission the feasibility consultant
689     who conducted the feasibility study to [supplement the feasibility study to take into account the
690     information in the modified request that was not included in the original request] conduct a
691     supplemental feasibility study that accounts for the modified request.
692          (5) The lieutenant governor shall require the feasibility consultant to [complete the
693     supplemental feasibility study and to submit written results of the supplemental study to the
694     lieutenant governor and to the contact sponsor no later than 30 days after the feasibility
695     consultant is commissioned to conduct the supplemental feasibility study.]:
696          (a) submit a draft of the supplemental feasibility study to each applicable person with
697     whom the feasibility consultant is required to consult under Subsection 10-2a-205(4)(c) within
698     30 days after the day on which the feasibility consultant is engaged to conduct the supplemental
699     study;
700          (b) allow each person to whom the consultant provided a draft under Subsection (5)(a)
701     to review and provide comment on the draft; and

702          (c) submit a completed supplemental feasibility study, to the following within 45 days
703     after the day on which the feasibility consultant is engaged to conduct the study:
704          (i) the lieutenant governor;
705          (ii) the county legislative body of the county in which the incorporation is proposed;
706          (iii) the contact sponsor; and
707          (iv) each person to whom the consultant provided a draft under Subsection (5)(a).
708          (6) (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study
709     do not [meet the requirements of Subsection 10-2a-208(3):(i) the sponsors may file a further
710     modified request as provided in Subsection (1); and] comply with Subsection 10-2a-205(6)(a),
711     the sponsors may further modify the request in accordance with Subsection (1).
712          [(ii)] (b) Subsections (2), (4), and (5) apply to a [further] modified request [under]
713     described in Subsection (6)(a)[(i)].
714          [(b) A further modified request under Subsection (6)(a) shall, for purposes of its
715     processing priority, be considered as an original request for a feasibility study under Section
716     10-2a-202.]
717          (c) The lieutenant governor shall consider a modified request described in Subsection
718     (6)(a) as an original request for a feasibility study for purposes of determining the modified
719     request's processing priority under Subsection 10-2a-204(3).
720          Section 11. Section 10-2a-207 is amended to read:
721          10-2a-207. Public hearings on feasibility study results -- Notice of hearings.
722          (1) If the results of the feasibility study or supplemental feasibility study [meet the
723     requirements of] comply with Subsection [10-2a-208(3)] 10-2a-205(6)(a), the lieutenant
724     governor shall, after receipt of the results of the feasibility study or supplemental feasibility
725     study, [schedule] conduct at least two public hearings [to be held]:
726          (a) within [the following] 60 days after [receipt of] the day on which the lieutenant
727     governor receives the results;
728          (b) at least seven days apart;
729          (c) except in a proposed municipality that will be a city of the fifth class or a town, in

730     geographically diverse locations;
731          (d) within or near the proposed [city; and] municipality;
732          [(d) for the purpose of allowing:]
733          [(i)] (e) to allow the feasibility consultant to present the results of the feasibility study;
734     and
735          [(ii) the public to become informed about the feasibility study results and to ask
736     questions about those results of the feasibility consultant.]
737          (f) to inform the public about the results of the feasibility study.
738          (2) At [a] each public hearing described in Subsection (1), the lieutenant governor
739     shall:
740          (a) provide a map or plat of the boundary of the proposed [city] municipality;
741          (b) provide a copy of the feasibility study for public review; [and]
742          (c) allow members of the public to express [its] views about the proposed
743     incorporation, including [its view] views about the proposed [boundary.] boundaries; and
744          (d) allow the public to ask the feasibility consultant questions about the feasibility
745     study.
746          (3) (a) (i) The lieutenant governor shall publish notice of the public hearings [required
747     under] described in Subsection (1):
748          (A) at least once a week for three [successive] consecutive weeks before the first
749     hearing in a newspaper of general circulation within the proposed [city] municipality; and
750          (B) for three weeks before the first hearing on the Utah Public Notice Website created
751     in Section 63F-1-701[, for three weeks].
752          (ii) The last [publication of] notice required to be published under Subsection
753     (3)(a)(i)(A) shall be published at least three days before the first public hearing [required
754     under] described in Subsection (1).
755          (b) (i) If, under Subsection (3)(a)(i)(A), there is no newspaper of general circulation
756     within the proposed [city] municipality, the lieutenant governor shall post at least one notice of
757     the hearings per 1,000 population in conspicuous places within the proposed [city] municipality

758     that are most likely to give notice of the hearings to the residents of the proposed [city]
759     municipality.
760          (ii) The lieutenant governor shall post the notices [under] described in Subsection
761     (3)(b)(i) at least seven days before the first hearing [under] described in Subsection (1).
762          (c) The notice [under] described in Subsections (3)(a) and (b) shall include the
763     feasibility study summary [under] described in Subsection 10-2a-205(3)[(b)](c) and shall
764     indicate that a full copy of the study is available [for inspection and copying] on the lieutenant
765     governor's website and for inspection at the Office of the Lieutenant Governor.
766          [(d) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
767     governor's website and make a copy available for public review at the Office of the Lieutenant
768     Governor.]
769          Section 12. Section 10-2a-208 is amended to read:
770          10-2a-208. Incorporation petition -- Requirements and form.
771          (1) At any time within one year [of the completion of] after the day on which the
772     lieutenant governor completes the public hearings [required under Subsection 10-2a-207(1), a
773     petition for incorporation of the area proposed to be incorporated as a city may be filed in the
774     Office of the Lieutenant Governor.] described in Section 10-2a-207, individuals within the
775     proposed municipality may proceed with the incorporation process by circulating and
776     submitting to the lieutenant governor an incorporation petition that, to be certified under
777     Subsection 10-2a-209(1)(b)(i), is required to be signed by:
778          [(2) Each petition under Subsection (1) shall:]
779          [(a) be signed by:]
780          [(i)] (a) 10% of all registered voters within the area proposed to be incorporated as a
781     [city, according to the official voter registration list maintained by the county on] municipality,
782     as of the date the petition is filed; [and]
783          [(ii)] (b) if the petition proposes the incorporation of a city, and subject to Subsection
784     (4), 10% of all registered voters within[, subject to Subsection (5),] 90% of the voting precincts
785     within the area proposed to be incorporated as a city, [according to the official voter

786     registration list maintained by the county on] as of the date the petition is filed; and
787          (c) the owners of private real property that:
788          (i) is located within the proposed municipality;
789          (ii) covers at least 10% of the total private land area within the proposed municipality;
790     and
791          (iii) is equal in value to at least 7% of the value of all private real property within the
792     proposed municipality.
793          (2) The petition sponsors shall ensure that the petition:
794          [(b)] (a) [indicate] includes the typed or printed name and current residence address of
795     each [owner signing] voter that signs the petition;
796          [(c)] (b) [describe] describes the area proposed to be incorporated as a [city]
797     municipality, as described in the feasibility study request or modified request that [meets the
798     requirements of Subsection (3)] complies with Subsection 10-2a-205(6)(a);
799          [(d)] (c) [state] states the proposed name for the proposed [city] municipality;
800          [(e)] (d) [designate] designates five signers of the petition as petition sponsors, one of
801     whom [shall be] is designated as the contact sponsor, with the mailing address and telephone
802     number of each;
803          [(f)] (e) [state] if the sponsors propose the incorporation of a city, states that the signers
804     of the petition appoint the sponsors, if the incorporation measure passes, to represent the
805     signers in [the process of]:
806          (i) selecting the number of commission or council members the new city will have; and
807          (ii) drawing district boundaries for the election of [commission or] council members, if
808     the voters decide to elect [commission or] council members by district;
809          [(g)] (f) [be] is accompanied by and circulated with an accurate plat or map, prepared
810     by a licensed surveyor, showing the boundaries of the proposed [city] municipality; and
811          [(h)] (g) substantially [comply] complies with and [be] is circulated in the following
812     form:
813          PETITION FOR INCORPORATION OF (insert the proposed name of the proposed

814     [city] municipality)
815          To the Honorable Lieutenant Governor:
816          We, the undersigned [owners of real property] registered voters within the area
817     described in this petition, respectfully petition the lieutenant governor to direct the county
818     legislative body to submit to the registered voters residing within the area described in this
819     petition, at the next regular general election, the question of whether the area should
820     incorporate as a [city] municipality. Each of the undersigned affirms that each has personally
821     signed this petition and is [an owner of real property] a registered voter who resides within the
822     described area, and that the current residence address of each is correctly written after the
823     signer's name. The area proposed to be incorporated as a [city] municipality is described as
824     follows: (insert an accurate description of the area proposed to be incorporated).
825          [(3) A petition for incorporation of a city under Subsection (1) may not be filed unless
826     the results of the feasibility study or supplemental feasibility study show that the average
827     annual amount of revenue under Subsection 10-2a-205(4)(a)(v) does not exceed the average
828     annual amount of cost under Subsection 10-2a-205(4)(a)(iv) by more than 5%.]
829          [(4)] (3) A valid signature on a request [under] described in Section 10-2a-202 or a
830     modified request [under] described in Section 10-2a-206 may not be used toward fulfilling the
831     signature requirement [of] described in Subsection [(2)(a)] (1):
832          (a) if the request [under Section 10-2a-202 or modified request under Section
833     10-2a-206] notified the signer in conspicuous language that the signature, unless withdrawn,
834     would also be used for [purposes of] a petition for incorporation under this section; and
835          (b) unless the signer files with the lieutenant governor a written withdrawal of the
836     signature before the petition is filed under this section [is filed] with the lieutenant governor.
837          [(5)] (4) (a) A signature does not qualify [as a signature to meet the requirement
838     described in Subsection (2)(a)(ii)] under Subsection (1)(b) if the signature is gathered from a
839     voting precinct that:
840          (i) except in a proposed municipality that will be a city of the fifth class, is not located
841     entirely within the boundaries of [the] a proposed city; or

842          (ii) includes less than 50 registered voters.
843          (b) A voting precinct that is not located entirely within the boundaries of the proposed
844     city does not qualify as a voting precinct [to meet the precinct requirements of Subsection
845     (2)(a)(ii)] under Subsection (1)(b).
846          Section 13. Section 10-2a-209 is amended to read:
847          10-2a-209. Processing of petition by lieutenant governor -- Certification or
848     rejection -- Petition modification.
849          (1) Within 45 days [of the filing of a petition] after the day on which an incorporation
850     petition is filed under Section 10-2a-208, the lieutenant governor shall:
851          (a) with the assistance of other county officers of the county in which the incorporation
852     is proposed, and from whom the lieutenant governor requests assistance, determine whether the
853     petition [meets the requirements of] complies with Section 10-2a-208; and
854          (b) (i) if the lieutenant governor determines that the petition [meets those requirements]
855     complies with Section 10-2a-208, certify the petition and notify in writing the contact sponsor
856     of the certification; or
857          (ii) if the lieutenant governor determines that the petition fails to [meet any of those
858     requirements] comply with Section 10-2a-208, reject the petition and notify the contact sponsor
859     in writing of the rejection and the reasons for the rejection.
860          (2) (a) If the lieutenant governor rejects a petition under Subsection (1)(b)(ii), the
861     petition [may be modified to] sponsors may correct the deficiencies for which [it] the petition
862     was rejected and [then refiled] refile the petition with the lieutenant governor.
863          (b) [A] Notwithstanding the deadline described in Subsection 10-2a-208(1), the
864     petition sponsors may file a modified petition under Subsection (2)(a) [may be filed at any time
865     until] no later than 30 days after the day on which the lieutenant governor notifies the contact
866     sponsor of rejection under Subsection (1)(b)(ii)[, even though the modified petition is filed
867     after the expiration of the deadline provided in Subsection 10-2a-208(1)].
868          (c) A valid signature on an incorporation petition [under] described in Section
869     10-2a-208 may be used toward fulfilling the signature requirement [of Subsection

870     10-2a-208(2)(a) for the petition as] described in Subsection 10-2a-208(1) for a petition that is
871     modified under Subsection (2)(a).
872          (3) (a) Within 20 days [of the lieutenant governor's receipt of] after the day on which
873     the lieutenant governor receives a modified petition under Subsection (2)(a), the lieutenant
874     governor shall [follow the same procedure for the modified petition as provided under
875     Subsection (1) for an original petition] review the modified petition in accordance with
876     Subsection (1).
877          [(b) If the lieutenant governor rejects a modified petition under Subsection (1)(b)(ii),
878     no further modification of that petition may be filed.]
879          (b) The sponsors of an incorporation petition may not modify the petition more than
880     once.
881          Section 14. Section 10-2a-210 is amended to read:
882          10-2a-210. Incorporation election.
883          [(1) (a) Upon receipt of a certified petition under Subsection 10-2a-209(1)(b)(i) or a
884     certified modified petition under Subsection 10-2a-209(3), the lieutenant governor shall:]
885          [(i) determine and set an election date for the incorporation election that is:]
886          [(A) on a regular general election date under Section 20A-1-201 or on a local special
887     election date under Section 20A-1-203; and]
888          [(B) at least 65 days after the day that the lieutenant governor receives the certified
889     petition; and]
890          (1) (a) If the lieutenant governor certifies a petition under Subsection 10-2a-209(1)(b),
891     the lieutenant governor shall schedule an incorporation election for the proposed municipality
892     described in the petition to be held on the date of the next regular general election described in
893     Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that
894     is at least 65 days after the day on which the lieutenant governor certifies the petition.
895          [(ii)] (b)(i) The lieutenant governor shall direct the county legislative body of the
896     county in which the [incorporation is] proposed municipality is located to hold the election on
897     the date [determined by] that the lieutenant governor [in accordance with] schedules under

898     Subsection (1)(a)[(i)].
899          [(b)] (ii) The county shall hold the election as directed by the lieutenant governor [in
900     accordance with Subsection (1)(a)(ii)] under Subsection (1)(b)(i).
901          [(c) Unless a person is a registered voter who resides, as defined in Section 20A-1-102,
902     within the boundaries of the proposed city, the person may not vote on the proposed
903     incorporation.]
904          (2) (a) [The] Except as provided in Subsection (2)(d)(i), the county clerk shall publish
905     notice of the election:
906          (i) at least once a week for three consecutive weeks before the election in a newspaper
907     of general circulation within [the area proposed to be incorporated at least once a week for
908     three successive weeks] the proposed municipality; and
909          (ii) for three weeks before the election in accordance with Section 45-1-101 [for three
910     weeks].
911          (b) The notice [required by Subsection (2)(a)] described in Subsections (2)(a) and (d)
912     shall contain:
913          (i) a [statement] description of the contents of the petition;
914          (ii) a description of the area proposed to be incorporated as a [city] municipality;
915          (iii) a statement of the date and time of the election and the location of polling places;
916     and
917          (iv) the feasibility study summary [under] described in Subsection 10-2a-205(3)[(b)](c)
918     and a statement that a full copy of the study is available on the lieutenant governor's website
919     and for inspection [and copying] at the Office of the Lieutenant Governor.
920          (c) The last [publication of] notice required to be published under Subsection (2)(a)
921     shall [occur] be published at least one day, but no more than seven days, before the election.
922          (d) (i) [In accordance with Subsection (2)(a)(i), if] If there is no newspaper of general
923     circulation within the proposed [city] municipality, the county clerk shall post at least one
924     notice of the election, and at least one additional notice of the election per 1,000 population of
925     the proposed municipality, in conspicuous places within the proposed [city] municipality that

926     are most likely to give notice of the election to the voters of the proposed [city] municipality.
927          (ii) The clerk shall post the notices [under] described in Subsection (2)(d)(i) at least
928     seven days before the election [under Subsection (1)].
929          (3) An individual may not vote in an incorporation election under this section unless
930     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
931     boundaries of the proposed municipality.
932          [(3)] (4) If a majority of those [casting votes within the area boundaries of the proposed
933     city vote to incorporate as a city,] who vote in an incorporation election held under this section
934     cast votes in favor of incorporation, the area shall incorporate.
935          Section 15. Section 10-2a-211 is amended to read:
936          10-2a-211. Ballot used in incorporation election.
937          (1) (a) The ballot [at the] used in an incorporation election [under Subsection
938     10-2a-210(1)] described in Section 10-2a-210 shall pose the incorporation question
939     substantially as follows:
940          "Shall the area described as (insert a description of the proposed [city] municipality) be
941     incorporated as [the city of] (insert the proposed name of the proposed [city] municipality)?"
942          [(2)] (b) The ballot shall provide a space for the voter to answer "yes" or "no" to the
943     question described in Subsection (1)(a).
944          [(3) (a)] (2) The ballot [at the] for an incorporation election for a proposed city shall
945     also:
946          (a) (i) pose the question relating to the form of government substantially as follows:
947          "If the above incorporation proposal passes, under what form of municipal government
948     shall (insert the name of the proposed city) operate? Vote for one:
949          Five-member council form
950          Six-member council form
951          Five-member council-mayor form
952          Seven-member council-mayor form."
953          [(b)] (ii) [The ballot shall] provide a space for the voter to vote for one form of

954     government[.]; and
955          [(4) (a) The ballot at the incorporation election shall also]
956          (b) (i) pose the question of whether to elect city council members by district
957     substantially as follows:
958          "If the above incorporation proposal passes, shall members of the city council of (insert
959     the name of the proposed city) be elected by district?"; and
960          [(b)] (ii) [The ballot shall] provide a space for the voter to answer "yes" or "no" to the
961     question described in Subsection [(4)(a)] (2)(b)(i).
962          Section 16. Section 10-2a-212 is amended to read:
963          10-2a-212. Notification to lieutenant governor of incorporation election results.
964          Within 10 days [of] after the day on which the county conducts a canvass of the
965     incorporation election, the county clerk shall send written notice to the lieutenant governor of:
966          (1) the results of the election; and
967          (2) if the incorporation measure passes[:(a)], the name of the [city; and] municipality.
968          [(b) the class of the city as provided under Section 10-2-301.]
969          Section 17. Section 10-2a-213 is amended to read:
970          10-2a-213. Determination of number of council members -- Determination of
971     election districts -- Hearings and notice.
972          (1) If the incorporation proposal passes, the petition sponsors shall, within [25 days of
973     the] 60 days after the day on which the county conducts the canvass of the election under
974     Section [10-2a-210] 10-2a-212:
975          (a) for the incorporation of a city:
976          [(a)] (i) if the voters at the incorporation election choose the council-mayor form of
977     government, determine the number of council members that will constitute the city council of
978     the [future] city; and
979          [(b)] (ii) if the voters at the incorporation election vote to elect council members by
980     district, determine the number of council members to be elected by district and draw the
981     boundaries of those districts, which shall be substantially equal in population; and

982          (b) for the incorporation of any municipality:
983          [(c)] (i) determine the initial terms of the mayor and members of the [city] municipal
984     council so that:
985          [(i)] (A) the mayor and approximately half the members of the [city] municipal council
986     are elected to serve an initial term, of no less than one year, that allows [their] the mayor's and
987     members' successors to serve a full four-year term that coincides with the schedule established
988     in Subsection 10-3-205(1); and
989          [(ii)] (B) the remaining members of the [city] municipal council are elected to serve an
990     initial term, of no less than one year, that allows [their] the members' successors to serve a full
991     four-year term that coincides with the schedule established in Subsection 10-3-205(2); and
992          [(d)] (ii) submit in writing to the county legislative body the results of the [sponsors'
993     determinations] determinations made by the sponsors under Subsections (1)(a)[, (b), and (c)]
994     and (b)(i).
995          (2) A newly incorporated town shall operate under the five-member council form of
996     government as defined in Section 10-3b-102.
997          [(2)] (3) (a) Before making a determination under Subsection [(1)(a), (b), or (c)] (1)(a)
998     or (b)(i), the petition sponsors shall hold a public hearing within the future [city] municipality
999     on the applicable issues [under] described in Subsections (1)(a)[, (b), and (c)] and (b)(i).
1000          (b) (i) [The] Except as provided in Subsection (3)(c), the petition sponsors shall
1001     publish notice of the public hearing [under] described in Subsection [(2)] (3)(a):
1002          (A) at least once a week for two consecutive weeks before the hearing in a newspaper
1003     of general circulation within the future [city at least once a week for two successive weeks
1004     before the hearing] municipality; and
1005          (B) for two weeks before the hearing on the Utah Public Notice Website created in
1006     Section 63F-1-701[, for two weeks before the hearing].
1007          (ii) The last [publication of] notice required to be published under Subsection [(2)]
1008     (3)(b)(i)(A) shall be published at least three days before the public hearing [under] described in
1009     Subsection [(2)] (3)(a).

1010          (c) (i) [In accordance with Subsection (2)(b)(i)(A), if] If there is no newspaper of
1011     general circulation within the future [city] municipality, the petition sponsors shall post at least
1012     one notice of the hearing, and at least one additional notice of the hearing per 1,000 population
1013     of the proposed municipality, in conspicuous places within the future [city] municipality that
1014     are most likely to give notice of the hearing to the residents of the future [city] municipality.
1015          (ii) The petition sponsors shall post the notices [under] described in Subsection [(2)]
1016     (3)(c)(i) at least seven days before the hearing [under] described in Subsection [(2)] (3)(a).
1017          Section 18. Section 10-2a-214 is amended to read:
1018          10-2a-214. Notice of number of council members to be elected and of district
1019     boundaries -- Declaration of candidacy for municipal office.
1020          (1) (a) Within 20 days [of the county legislative body's receipt of the information] after
1021     the day on which a county legislative body receives the petition sponsors' determination under
1022     Subsection 10-2a-213(1)[(d)](b)(ii), the county clerk shall publish, in accordance with
1023     Subsection (1)(b), notice containing:
1024          (i) the number of [commission or] municipal council members to be elected for the
1025     new [city] municipality;
1026          (ii) if some or all of the [commission or] municipal council members are to be elected
1027     by district, a description of the boundaries of those districts [as designated by the petition
1028     sponsors under Subsection 10-2a-213(1)(b)];
1029          (iii) information about the deadline for [filing] an individual to file a declaration of
1030     candidacy [for those seeking to become candidates] to become a candidate for mayor or [city
1031     commission or] municipal council; and
1032          (iv) information about the length of the initial term of each of the [city officers, as
1033     determined by the petition sponsors under Subsection 10-2a-213(1)(c)] municipal officers.
1034          [(b) The notice under Subsection (1)(a) shall be published:]
1035          (b) Except as provided in Subsection (1)(c), the county clerk shall publish the notice
1036     described in Subsection (1)(a):
1037          (i) at least once a week for two consecutive weeks, before the deadline for filing a

1038     declaration of candidacy under Subsection (2), in a newspaper of general circulation within the
1039     future [city at least once a week for two successive weeks] municipality; and
1040          (ii) for two weeks, before the deadline for filing a declaration of candidacy under
1041     Subsection (2), in accordance with Section 45-1-101 [for two weeks].
1042          (c) (i) [In accordance with Subsection (1)(b)(i), if] If there is no newspaper of general
1043     circulation within the future [city] municipality, the county clerk shall post at least one notice
1044     described in Subsection (1)(a), and one additional notice described in Subsection (1)(a) per
1045     1,000 population of the proposed municipality, in conspicuous places within the future [city]
1046     municipality that are most likely to give notice to the residents of the future [city] municipality.
1047          [(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
1048     Subsection (1)(a).]
1049          [(iii)] (ii) [The petition sponsors] The county clerk shall post the notices [under]
1050     described in Subsection (1)(c)(i) at least seven days before the deadline for filing a declaration
1051     of candidacy under Subsection (2).
1052          (2) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to become a
1053     candidate for mayor or [city commission or] municipal council of a [city] municipality
1054     incorporating under this part shall file a declaration of candidacy with the clerk of the county in
1055     which the future [city] municipality is located and in accordance with [the deadlines set by the
1056     clerk as authorized by Section 10-2a-215.]:
1057          (a) for an incorporation held on the date of a regular general election, the deadlines for
1058     filing a declaration of candidacy under Section 20A-9-202; or
1059          (b) for an incorporation held on the date of a municipal general election, the deadlines
1060     for filing a declaration of candidacy under Section 20A-9-203.
1061          Section 19. Section 10-2a-215 is amended to read:
1062          10-2a-215. Election of officers of new municipality -- Primary and final election
1063     dates -- County clerk duties -- Candidate duties -- Occupation of office.
1064          (1) For the election of [city] municipal officers, the county legislative body shall:
1065          (a) unless a primary election is prohibited [by] under Subsection 20A-9-404(2), hold a

1066     primary election; and
1067          (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
1068     final election.
1069          (2) Each election [under] described in Subsection (1) shall be held:
1070          (a) consistent with the petition sponsors' determination of the length of each council
1071     member's initial term; and
1072          (b) for the incorporation of a city:
1073          [(a)] (i) appropriate to the form of government chosen by the voters at the
1074     incorporation election;
1075          [(b)] (ii) consistent with the voters' decision about whether to elect [commission or]
1076     city council members by district and, if applicable, consistent with the boundaries of those
1077     districts as determined by the petition sponsors; and
1078          [(c)] (iii) consistent with the sponsors' determination of the number of [commission or]
1079     city council members to be elected [and the length of their initial term].
1080          (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2),
1081     the primary election [under] described in Subsection (1)(a) shall be held at the earliest of the
1082     next:
1083          [(i) notwithstanding Subsection 20A-1-201.5(2), regular general election under Section
1084     20A-1-201;]
1085          [(ii)] (i) [notwithstanding Subsection 20A-1-201.5(2),] regular primary election [under]
1086     described in Subsection 20A-1-201.5(1); or
1087          [(iii)] (ii) municipal primary election [under] described in Section 20A-9-404[; or].
1088          [(iv) notwithstanding Subsection 20A-1-201.5(2), municipal general election under
1089     Section 20A-1-202.]
1090          (b) The county shall hold the primary election, if necessary, on the next [earliest]
1091     election date [listed in Subsection (3)(a)(i), (ii), (iii), or (iv) that is at least: (i) 75 days]
1092     described in Subsection (3)(a) that is after the incorporation election conducted under Section
1093     10-2a-210[; and].

1094          [(ii) 65 days after the last day of the candidate filing period.]
1095          (4) (a) Subject to Subsection (4)(b), the county shall hold the final election [under]
1096     described in Subsection (1)(b) [on one of the following election dates]:
1097          (i) on the following election date that next follows the date of the incorporation
1098     election held under Subsection 10-2a-210(1)(a);
1099          [(i)] (ii) a regular general election [under] described in Section 20A-1-201; or
1100          [(ii) municipal primary election under Section 20A-9-404;]
1101          [(iii)] (iii) a regular municipal general election under Section 20A-1-202[; or].
1102          [(iv) regular primary election under Section 20A-1-201.5.]
1103          (b) The county shall hold the final election on the earliest of the next election date that
1104     is listed in Subsection (4)(a)(i), (ii), or (iii)[, or (iv)]:
1105          (i) that is after a primary election; or
1106          (ii) if there is no primary election, that is at least:
1107          (A) 75 days after the incorporation election under Section 10-2a-210; and
1108          (B) 65 days after the candidate filing period.
1109          (5) (a) (i) [The] Except as provided in Subsection (5)(b), the county clerk shall publish
1110     notice of an election conducted under this section:
1111          (A) at least once a week for two [successive] consecutive weeks before the election in
1112     a newspaper of general circulation within the future [city] municipality; and
1113          (B) for two weeks in accordance with Section 45-1-101 [for two weeks].
1114          (ii) The [later] last notice required to be published under Subsection (5)(a)(i) shall be
1115     published at least one day, but no more than seven days, before the election.
1116          (b) (i) [In accordance with Subsection (5)(a)(i)(A), if] If there is no newspaper of
1117     general circulation within the future [city] municipality, the county clerk shall post at least one
1118     notice of the election, and at least one additional notice of the election per 1,000 population in
1119     the proposed municipality, in conspicuous places within the future [city] municipality that are
1120     most likely to give notice of the election to the voters of the municipality.
1121          (ii) The county clerk shall post the notices [under] described in Subsection (5)(b)(i) at

1122     least seven days before each election [under] described in Subsection (1).
1123          (6) [(a)] Until the [city] municipality is incorporated, the county clerk:
1124          [(i)] (a) is the election officer for all purposes [in an election of officers of the city
1125     approved at an incorporation election; and] related to the election of municipal officers;
1126          [(ii)] (b) may, as necessary, determine appropriate deadlines, procedures, and
1127     instructions related to the election of municipal officers for a new municipality that are not
1128     otherwise contrary to law[.];
1129          [(b)] (c) [The county clerk] shall require and determine deadlines for [the filing of]
1130     municipal office candidates to file campaign financial disclosures [of city officer candidates] in
1131     accordance with Section 10-3-208[.]; and
1132          [(c) The county clerk is responsible to ensure that:]
1133          [(i) a primary or final election for the officials of a newly incorporated city is held on a
1134     date authorized by this section; and]
1135          [(ii)] (d) shall ensure that the ballot for the election includes each office that is
1136     required to be included in the election for officers of the newly incorporated [city and]
1137     municipality, including the term of each office.
1138          (7) [A person] An individual who has filed as a candidate for an office described in this
1139     section shall comply with:
1140          (a) the campaign finance disclosure requirements [of] described in Section 10-3-208;
1141     and
1142          (b) the requirements and deadlines [as lawfully set forth] established by the county
1143     clerk under this section.
1144          (8) Notwithstanding Section 10-3-201, the officers elected at a final election described
1145     in Subsection (4)(a) shall take office:
1146          (a) after taking the oath of office; and
1147          (b) at noon on the first Monday following the day on which the election official
1148     transmits a certificate of nomination or election under the officer's seal to each elected
1149     candidate in accordance with Subsection 20A-4-304(2)(c)(ii).

1150          Section 20. Section 10-2a-216 is amended to read:
1151          10-2a-216. Notification to lieutenant governor of election of municipal officers.
1152          Within 10 days [of] after the day on which the county conducts the canvass of the final
1153     election of [city] municipal officers under Section 10-2a-215, the county clerk shall send
1154     written notice to the lieutenant governor of the name and position of each officer elected in a
1155     new municipality and the term for which each has been elected.
1156          Section 21. Section 10-2a-217 is amended to read:
1157          10-2a-217. Filing of notice and approved final local entity plat with lieutenant
1158     governor -- Effective date of incorporation -- Necessity of recording documents and effect
1159     of not recording.
1160          (1) The mayor of the future [city] municipality shall:
1161          (a) within 30 days after the day of the canvass of the final election of [city] municipal
1162     officers under Section 10-2a-215, file with the lieutenant governor:
1163          (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5,
1164     that [meets the requirements of] complies with Subsection 67-1a-6.5(3); and
1165          (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
1166          (b) upon the lieutenant governor's issuance of a certificate of incorporation under
1167     Section 67-1a-6.5:
1168          (i) if the [city] municipality is located within the boundary of a single county, submit to
1169     the recorder of that county the original:
1170          (A) notice of an impending boundary action;
1171          (B) certificate of incorporation; and
1172          (C) approved final local entity plat; or
1173          (ii) if the [city] municipality is located within the boundaries of more than [a single]
1174     one county, submit the original of the documents [listed in Subsections (1)(b)(i)(A), (B), and
1175     (C)] described in Subsection (1)(b)(i) to one of those counties and a certified copy of those
1176     documents to each other county.
1177          (2) (a) The incorporation of a new municipality is effective upon the lieutenant

1178     governor's issuance of a certificate of incorporation under Section 67-1a-6.5.
1179          (b) Notwithstanding any other provision of law, a [city] municipality is conclusively
1180     presumed to be lawfully incorporated and existing if, for two years following the [city's]
1181     municipality's incorporation:
1182          (i) (A) the [city] municipality has levied and collected a property tax; or
1183          (B) for a [city] municipality incorporated on or after July 1, 1998, the [city]
1184     municipality has imposed a sales and use tax; and
1185          (ii) no challenge to the existence or incorporation of the [city] municipality has been
1186     filed in the district court for the county in which the [city] municipality is located.
1187          (3) (a) The effective date of an incorporation for purposes of assessing property within
1188     the new [city] municipality is governed by Section 59-2-305.5.
1189          (b) Until the documents listed in Subsection (1)(b) are recorded in the office of the
1190     recorder of each county in which the property is located, a newly incorporated [city]
1191     municipality may not:
1192          (i) levy or collect a property tax on property within the [city] municipality;
1193          (ii) levy or collect an assessment on property within the [city] municipality; or
1194          (iii) charge or collect a fee for service provided to property within the [city]
1195     municipality.
1196          Section 22. Section 10-2a-218 is amended to read:
1197          10-2a-218. Powers of officers-elect.
1198          (1) [Upon the] After the county conducts the canvass of the final election of [city]
1199     municipal officers under Section 10-2a-215, and until the future [city] municipality becomes
1200     legally incorporated, the officers of the future [city] municipality may:
1201          (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities,
1202     a proposed budget and compilation of ordinances;
1203          (b) negotiate and make personnel contracts and hirings;
1204          (c) negotiate and make service contracts;
1205          (d) negotiate and make contracts to purchase equipment, materials, and supplies;

1206          (e) borrow funds from the county in which the future [city] municipality is located
1207     under Subsection 10-2a-219(3);
1208          (f) borrow funds for startup expenses of the future [city] municipality;
1209          (g) issue tax anticipation notes in the name of the future [city] municipality; and
1210          (h) make appointments to the [city's] municipality's planning commission.
1211          (2) The [city's legislative body] municipal council shall review and ratify each contract
1212     made by [the officers] a municipal officer under Subsection (1) within 30 days after the day on
1213     which the municipality's incorporation is effective [date of incorporation] under Section
1214     10-2a-217.
1215          Section 23. Section 10-2a-219 is amended to read:
1216          10-2a-219. Division of municipal service revenues -- County may provide startup
1217     funds.
1218          (1) The county in which an area incorporating under this part is located shall, until the
1219     [date of the city's] day on which the municipality's incorporation is effective under Section
1220     10-2a-217, continue to:
1221          (a) [to] levy and collect ad valorem property tax and other revenues from or pertaining
1222     to the future [city] municipality; and
1223          (b) except as otherwise agreed by the county and the officers of the [city] municipality,
1224     to provide the same services to the future [city] municipality as the county provided before the
1225     commencement of the incorporation proceedings.
1226          (2) (a) The legislative body of the county in which a newly incorporated [city]
1227     municipality is located shall share pro rata with the new [city] municipality, based on the date
1228     of incorporation, the taxes and service charges or fees levied and collected by the county under
1229     Section 17-34-3 during the year of the new [city's] municipality's incorporation if and to the
1230     extent that the new [city] municipality provides, by itself or by contract, the same services for
1231     which the county levied and collected the taxes and service charges or fees.
1232          (b) (i) The legislative body of a county in which a [city] municipality incorporated after
1233     January 1, 2004, is located may share with the new [city] municipality taxes and service

1234     charges or fees that were levied and collected by the county under Section 17-34-3:
1235          (A) before the year of the new [city's] municipality's incorporation;
1236          (B) from the previously unincorporated area that, because of the [city's] municipality's
1237     incorporation, is located within the boundaries of the newly incorporated [city] municipality;
1238     and
1239          (C) [for the purpose of providing] to provide services to the area that before the new
1240     [city's] municipality's incorporation was unincorporated.
1241          (ii) A county legislative body may share taxes and service charges or fees under
1242     Subsection (2)(b)(i) by a direct appropriation of funds or by a credit or offset against amounts
1243     due under a contract for [municipal-type services] a municipal service provided by the county
1244     to the new [city] municipality.
1245          (3) (a) The legislative body of a county in which an area incorporating under this part is
1246     located may appropriate county funds to:
1247          (i) before incorporation but after the canvass of the final election of [city] municipal
1248     officers under Section 10-2a-215, the officers of the future [city] municipality to pay startup
1249     expenses of the future [city] municipality; or
1250          (ii) after incorporation, the new [city] municipality.
1251          (b) Funds appropriated under Subsection (3)(a) may be distributed in the form of a
1252     grant, a loan, or as an advance against future distributions made under Subsection (2).
1253          Section 24. Section 10-2a-220 is amended to read:
1254          10-2a-220. Costs of incorporation -- Fees established by lieutenant governor.
1255          (1) (a) There is created an expendable special revenue fund known as the "Municipal
1256     Incorporation Expendable Special Revenue Fund."
1257          (b) The fund shall consist of:
1258          (i) appropriations from the Legislature; and
1259          (ii) fees the Office of the Lieutenant Governor collects and remits to the fund under
1260     this section.
1261          (c) The Office of the Lieutenant Governor shall deposit all money collected under this

1262     section into the fund.
1263          [(1)] (2) (a) The lieutenant governor shall establish a fee in accordance with Section
1264     63J-1-504 for a cost incurred by the lieutenant governor for an incorporation proceeding,
1265     including:
1266          (i) a request certification;
1267          (ii) a feasibility study;
1268          (iii) a petition certification;
1269          (iv) publication of notices;
1270          (v) public hearings;
1271          (vi) all other incorporation activities occurring after the elections; and
1272          (vii) any other cost incurred by the lieutenant governor in relation to an incorporation
1273     proceeding.
1274          (b) A cost under Subsection [(1)] (2)(a) does not include a cost incurred by a county for
1275     holding an election under Section 10-2a-210.
1276          [(2) Subject to Subsection (3)(a), the lieutenant governor shall, by supplemental
1277     appropriations,]
1278          (3) The lieutenant governor shall pay for a cost described in [Subsections (1)(a)(i)
1279     through (vii)] Subsection (2)(a) using funds from the Municipal Incorporation Expendable
1280     Special Revenue Fund.
1281          [(3) If incorporation occurs, the new city shall pay:]
1282          (4) (a) An area that incorporates as a municipality shall pay:
1283          [(a)] (i) to the lieutenant governor each fee established under Subsection [(1)] (2) for
1284     each [incurred cost described in Subsections (1)(a)(i) through (vii)] cost described in
1285     Subsection (2)(a) incurred by the lieutenant governor; and
1286          [(b)] (ii) the county for a cost described in Subsection [(1)] (2)(b).
1287          (b) The lieutenant governor shall execute a payback agreement with each new
1288     municipality for the new municipality to pay the fees described in Subsection (4)(a) over a
1289     period that, except as provided in Subsection (4)(c), may not exceed five years.

1290          (c) If necessary, the lieutenant governor may extend a fee payment deadline beyond the
1291     deadline described in Subsection (4)(b) by amending the payback agreement described in
1292     Subsection (4)(b).
1293          (d) The lieutenant governor shall deposit each fee the lieutenant governor collects
1294     under Subsection (4)(a)(i) into the Municipal Incorporation Expendable Special Revenue Fund.
1295          (5) If the lieutenant governor expends funds from the Municipal Incorporation
1296     Expendable Special Revenue Fund that are not repaid to the lieutenant governor under
1297     Subsection (4)(a)(i) because an area did not incorporate as a municipality, the Legislature shall
1298     appropriate money to the fund in an amount equal to the funds that are not repaid.
1299          Section 25. Section 10-2a-402 is amended to read:
1300          10-2a-402. Application.
1301          (1) The provisions of this part:
1302          (a) apply to a planning township that is:
1303          (i) located in a county of the first class; and
1304          (ii) established before January 1, 2015; and
1305          (b) do not apply to a planning advisory area, as defined in Section 17-27a-103, or any
1306     other unincorporated area located outside of a county of the first or second class.
1307          (2) (a) The provisions of Part 2, Incorporation of a [City, and Part 3, Incorporation of a
1308     Town,] Municipality, apply to an unincorporated area described in Subsection (1) for an
1309     incorporation as a city after November 3, 2015.
1310          (b) The provisions of Chapter 2, Part 4, Annexation, apply to an unincorporated island
1311     that is not annexed at an election under this part for purposes of annexation on or after
1312     November 4, 2015.
1313          Section 26. Section 10-2a-413 is amended to read:
1314          10-2a-413. Incorporation under this part subject to other provisions.
1315          (1) An incorporation of a metro township, city, or town under this part is subject to the
1316     following provisions to the same extent as the incorporation of a city under Part 2,
1317     Incorporation of a [City] Municipality:

1318          (a) Section 10-2a-217;
1319          (b) Section 10-2a-219; and
1320          (c) Section 10-2a-220.
1321          (2) An incorporation of a city or town under this part is subject to Section 10-2a-218 to
1322     the same extent as the incorporation of a city or town under Part 2, Incorporation of a [City]
1323     Municipality.
1324          Section 27. Section 20A-1-203 is amended to read:
1325          20A-1-203. Calling and purpose of special elections -- Two-thirds vote
1326     limitations.
1327          (1) Statewide and local special elections may be held for any purpose authorized by
1328     law.
1329          (2) (a) Statewide special elections shall be conducted using the procedure for regular
1330     general elections.
1331          (b) Except as otherwise provided in this title, local special elections shall be conducted
1332     using the procedures for regular municipal elections.
1333          (3) The governor may call a statewide special election by issuing an executive order
1334     that designates:
1335          (a) the date for the statewide special election; and
1336          (b) the purpose for the statewide special election.
1337          (4) The Legislature may call a statewide special election by passing a joint or
1338     concurrent resolution that designates:
1339          (a) the date for the statewide special election; and
1340          (b) the purpose for the statewide special election.
1341          (5) (a) The legislative body of a local political subdivision may call a local special
1342     election only for:
1343          (i) a vote on a bond or debt issue;
1344          (ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
1345          (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;

1346          (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
1347          (v) if required or authorized by federal law, a vote to determine whether [or not] Utah's
1348     legal boundaries should be changed;
1349          (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
1350          (vii) a vote to elect members to school district boards for a new school district and a
1351     remaining school district, as defined in Section 53G-3-102, following the creation of a new
1352     school district under Section 53G-3-302;
1353          (viii) a vote on a municipality providing cable television services or public
1354     telecommunications services under Section 10-18-204;
1355          (ix) a vote to create a new county under Section 17-3-1;
1356          (x) a vote on the creation of a study committee under Sections 17-52a-302 and
1357     17-52a-304;
1358          (xi) a vote on a special property tax under Section 53F-8-402;
1359          (xii) a vote on the incorporation of a [city] municipality in accordance with Section
1360     10-2a-210; or
1361          [(xiii) a vote on the incorporation of a town in accordance with Section 10-2a-304; or]
1362          [(xiv)] (xiii) a vote on incorporation or annexation as described in Section 10-2a-404.
1363          (b) The legislative body of a local political subdivision may call a local special election
1364     by adopting an ordinance or resolution that designates:
1365          (i) the date for the local special election as authorized by Section 20A-1-204; and
1366          (ii) the purpose for the local special election.
1367          (c) A local political subdivision may not call a local special election unless the
1368     ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
1369     two-thirds majority of all members of the legislative body, if the local special election is for:
1370          (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
1371          (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
1372          (iii) a vote authorized or required for a sales tax issue as described in Subsection
1373     (5)(a)(vi).

1374          Section 28. Section 20A-11-101 is amended to read:
1375          20A-11-101. Definitions.
1376          As used in this chapter:
1377          (1) "Address" means the number and street where an individual resides or where a
1378     reporting entity has its principal office.
1379          (2) "Agent of a reporting entity" means:
1380          (a) a person acting on behalf of a reporting entity at the direction of the reporting
1381     entity;
1382          (b) a person employed by a reporting entity in the reporting entity's capacity as a
1383     reporting entity;
1384          (c) the personal campaign committee of a candidate or officeholder;
1385          (d) a member of the personal campaign committee of a candidate or officeholder in the
1386     member's capacity as a member of the personal campaign committee of the candidate or
1387     officeholder; or
1388          (e) a political consultant of a reporting entity.
1389          (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
1390     amendments, and any other ballot propositions submitted to the voters that are authorized by
1391     the Utah Code Annotated 1953.
1392          (4) "Candidate" means any person who:
1393          (a) files a declaration of candidacy for a public office; or
1394          (b) receives contributions, makes expenditures, or gives consent for any other person to
1395     receive contributions or make expenditures to bring about the person's nomination or election
1396     to a public office.
1397          (5) "Chief election officer" means:
1398          (a) the lieutenant governor for state office candidates, legislative office candidates,
1399     officeholders, political parties, political action committees, corporations, political issues
1400     committees, state school board candidates, judges, and labor organizations, as defined in
1401     Section 20A-11-1501; and

1402          (b) the county clerk for local school board candidates.
1403          (6) (a) "Contribution" means any of the following when done for political purposes:
1404          (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
1405     value given to the filing entity;
1406          (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
1407     subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
1408     anything of value to the filing entity;
1409          (iii) any transfer of funds from another reporting entity to the filing entity;
1410          (iv) compensation paid by any person or reporting entity other than the filing entity for
1411     personal services provided without charge to the filing entity;
1412          (v) remuneration from:
1413          (A) any organization or its directly affiliated organization that has a registered lobbyist;
1414     or
1415          (B) any agency or subdivision of the state, including school districts;
1416          (vi) a loan made by a candidate deposited to the candidate's own campaign; and
1417          (vii) in-kind contributions.
1418          (b) "Contribution" does not include:
1419          (i) services provided by individuals volunteering a portion or all of their time on behalf
1420     of the filing entity if the services are provided without compensation by the filing entity or any
1421     other person;
1422          (ii) money lent to the filing entity by a financial institution in the ordinary course of
1423     business; or
1424          (iii) goods or services provided for the benefit of a candidate or political party at less
1425     than fair market value that are not authorized by or coordinated with the candidate or political
1426     party.
1427          (7) "Coordinated with" means that goods or services provided for the benefit of a
1428     candidate or political party are provided:
1429          (a) with the candidate's or political party's prior knowledge, if the candidate or political

1430     party does not object;
1431          (b) by agreement with the candidate or political party;
1432          (c) in coordination with the candidate or political party; or
1433          (d) using official logos, slogans, and similar elements belonging to a candidate or
1434     political party.
1435          (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
1436     organization that is registered as a corporation or is authorized to do business in a state and
1437     makes any expenditure from corporate funds for:
1438          (i) the purpose of expressly advocating for political purposes; or
1439          (ii) the purpose of expressly advocating the approval or the defeat of any ballot
1440     proposition.
1441          (b) "Corporation" does not mean:
1442          (i) a business organization's political action committee or political issues committee; or
1443          (ii) a business entity organized as a partnership or a sole proprietorship.
1444          (9) "County political party" means, for each registered political party, all of the persons
1445     within a single county who, under definitions established by the political party, are members of
1446     the registered political party.
1447          (10) "County political party officer" means a person whose name is required to be
1448     submitted by a county political party to the lieutenant governor in accordance with Section
1449     20A-8-402.
1450          (11) "Detailed listing" means:
1451          (a) for each contribution or public service assistance:
1452          (i) the name and address of the individual or source making the contribution or public
1453     service assistance, except to the extent that the name or address of the individual or source is
1454     unknown;
1455          (ii) the amount or value of the contribution or public service assistance; and
1456          (iii) the date the contribution or public service assistance was made; and
1457          (b) for each expenditure:

1458          (i) the amount of the expenditure;
1459          (ii) the person or entity to whom it was disbursed;
1460          (iii) the specific purpose, item, or service acquired by the expenditure; and
1461          (iv) the date the expenditure was made.
1462          (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
1463     for membership in the corporation, to a corporation without receiving full and adequate
1464     consideration for the money.
1465          (b) "Donor" does not include a person that signs a statement that the corporation may
1466     not use the money for an expenditure or political issues expenditure.
1467          (13) "Election" means each:
1468          (a) regular general election;
1469          (b) regular primary election; and
1470          (c) special election at which candidates are eliminated and selected.
1471          (14) "Electioneering communication" means a communication that:
1472          (a) has at least a value of $10,000;
1473          (b) clearly identifies a candidate or judge; and
1474          (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
1475     facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
1476     identified candidate's or judge's election date.
1477          (15) (a) "Expenditure" means any of the following made by a reporting entity or an
1478     agent of a reporting entity on behalf of the reporting entity:
1479          (i) any disbursement from contributions, receipts, or from the separate bank account
1480     required by this chapter;
1481          (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
1482     or anything of value made for political purposes;
1483          (iii) an express, legally enforceable contract, promise, or agreement to make any
1484     purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
1485     value for political purposes;

1486          (iv) compensation paid by a filing entity for personal services rendered by a person
1487     without charge to a reporting entity;
1488          (v) a transfer of funds between the filing entity and a candidate's personal campaign
1489     committee; or
1490          (vi) goods or services provided by the filing entity to or for the benefit of another
1491     reporting entity for political purposes at less than fair market value.
1492          (b) "Expenditure" does not include:
1493          (i) services provided without compensation by individuals volunteering a portion or all
1494     of their time on behalf of a reporting entity;
1495          (ii) money lent to a reporting entity by a financial institution in the ordinary course of
1496     business; or
1497          (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
1498     candidates for office or officeholders in states other than Utah.
1499          (16) "Federal office" means the office of president of the United States, United States
1500     Senator, or United States Representative.
1501          (17) "Filing entity" means the reporting entity that is required to file a financial
1502     statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
1503          (18) "Financial statement" includes any summary report, interim report, verified
1504     financial statement, or other statement disclosing contributions, expenditures, receipts,
1505     donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
1506     Retention Elections.
1507          (19) "Governing board" means the individual or group of individuals that determine the
1508     candidates and committees that will receive expenditures from a political action committee,
1509     political party, or corporation.
1510          (20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
1511     Incorporation, by which a geographical area becomes legally recognized as a city, town, or
1512     metro township.
1513          (21) "Incorporation election" means the election [authorized by] conducted under

1514     Section 10-2a-210[, 10-2a-304,] or 10-2a-404.
1515          (22) "Incorporation petition" means a petition [authorized by] described in Section
1516     10-2a-208 [or 10-2a-302.5].
1517          (23) "Individual" means a natural person.
1518          (24) "In-kind contribution" means anything of value, other than money, that is accepted
1519     by or coordinated with a filing entity.
1520          (25) "Interim report" means a report identifying the contributions received and
1521     expenditures made since the last report.
1522          (26) "Legislative office" means the office of state senator, state representative, speaker
1523     of the House of Representatives, president of the Senate, and the leader, whip, and assistant
1524     whip of any party caucus in either house of the Legislature.
1525          (27) "Legislative office candidate" means a person who:
1526          (a) files a declaration of candidacy for the office of state senator or state representative;
1527          (b) declares oneself to be a candidate for, or actively campaigns for, the position of
1528     speaker of the House of Representatives, president of the Senate, or the leader, whip, and
1529     assistant whip of any party caucus in either house of the Legislature; or
1530          (c) receives contributions, makes expenditures, or gives consent for any other person to
1531     receive contributions or make expenditures to bring about the person's nomination, election, or
1532     appointment to a legislative office.
1533          (28) "Major political party" means either of the two registered political parties that
1534     have the greatest number of members elected to the two houses of the Legislature.
1535          (29) "Officeholder" means a person who holds a public office.
1536          (30) "Party committee" means any committee organized by or authorized by the
1537     governing board of a registered political party.
1538          (31) "Person" means both natural and legal persons, including individuals, business
1539     organizations, personal campaign committees, party committees, political action committees,
1540     political issues committees, and labor organizations, as defined in Section 20A-11-1501.
1541          (32) "Personal campaign committee" means the committee appointed by a candidate to

1542     act for the candidate as provided in this chapter.
1543          (33) "Personal use expenditure" has the same meaning as provided under Section
1544     20A-11-104.
1545          (34) (a) "Political action committee" means an entity, or any group of individuals or
1546     entities within or outside this state, a major purpose of which is to:
1547          (i) solicit or receive contributions from any other person, group, or entity for political
1548     purposes; or
1549          (ii) make expenditures to expressly advocate for any person to refrain from voting or to
1550     vote for or against any candidate or person seeking election to a municipal or county office.
1551          (b) "Political action committee" includes groups affiliated with a registered political
1552     party but not authorized or organized by the governing board of the registered political party
1553     that receive contributions or makes expenditures for political purposes.
1554          (c) "Political action committee" does not mean:
1555          (i) a party committee;
1556          (ii) any entity that provides goods or services to a candidate or committee in the regular
1557     course of its business at the same price that would be provided to the general public;
1558          (iii) an individual;
1559          (iv) individuals who are related and who make contributions from a joint checking
1560     account;
1561          (v) a corporation, except a corporation a major purpose of which is to act as a political
1562     action committee; or
1563          (vi) a personal campaign committee.
1564          (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
1565     by another person on behalf of and with the knowledge of the reporting entity, to provide
1566     political advice to the reporting entity.
1567          (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
1568     where the person:
1569          (i) has already been paid, with money or other consideration;

1570          (ii) expects to be paid in the future, with money or other consideration; or
1571          (iii) understands that the person may, in the discretion of the reporting entity or another
1572     person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
1573     money or other consideration.
1574          (36) "Political convention" means a county or state political convention held by a
1575     registered political party to select candidates.
1576          (37) (a) "Political issues committee" means an entity, or any group of individuals or
1577     entities within or outside this state, a major purpose of which is to:
1578          (i) solicit or receive donations from any other person, group, or entity to assist in
1579     placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
1580     to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
1581          (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
1582     ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
1583     proposed ballot proposition or an incorporation in an incorporation election; or
1584          (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
1585     ballot or to assist in keeping a ballot proposition off the ballot.
1586          (b) "Political issues committee" does not mean:
1587          (i) a registered political party or a party committee;
1588          (ii) any entity that provides goods or services to an individual or committee in the
1589     regular course of its business at the same price that would be provided to the general public;
1590          (iii) an individual;
1591          (iv) individuals who are related and who make contributions from a joint checking
1592     account;
1593          (v) a corporation, except a corporation a major purpose of which is to act as a political
1594     issues committee; or
1595          (vi) a group of individuals who:
1596          (A) associate together for the purpose of challenging or supporting a single ballot
1597     proposition, ordinance, or other governmental action by a county, city, town, local district,

1598     special service district, or other local political subdivision of the state;
1599          (B) have a common liberty, property, or financial interest that is directly impacted by
1600     the ballot proposition, ordinance, or other governmental action;
1601          (C) do not associate together, for the purpose described in Subsection (37)(b)(vi)(A),
1602     via a legal entity;
1603          (D) do not receive funds for challenging or supporting the ballot proposition,
1604     ordinance, or other governmental action from a person other than an individual in the group;
1605     and
1606          (E) do not expend a total of more than $5,000 for the purpose described in Subsection
1607     (37)(b)(vi)(A).
1608          (38) (a) "Political issues contribution" means any of the following:
1609          (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
1610     anything of value given to a political issues committee;
1611          (ii) an express, legally enforceable contract, promise, or agreement to make a political
1612     issues donation to influence the approval or defeat of any ballot proposition;
1613          (iii) any transfer of funds received by a political issues committee from a reporting
1614     entity;
1615          (iv) compensation paid by another reporting entity for personal services rendered
1616     without charge to a political issues committee; and
1617          (v) goods or services provided to or for the benefit of a political issues committee at
1618     less than fair market value.
1619          (b) "Political issues contribution" does not include:
1620          (i) services provided without compensation by individuals volunteering a portion or all
1621     of their time on behalf of a political issues committee; or
1622          (ii) money lent to a political issues committee by a financial institution in the ordinary
1623     course of business.
1624          (39) (a) "Political issues expenditure" means any of the following when made by a
1625     political issues committee or on behalf of a political issues committee by an agent of the

1626     reporting entity:
1627          (i) any payment from political issues contributions made for the purpose of influencing
1628     the approval or the defeat of:
1629          (A) a ballot proposition; or
1630          (B) an incorporation petition or incorporation election;
1631          (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
1632     the express purpose of influencing the approval or the defeat of:
1633          (A) a ballot proposition; or
1634          (B) an incorporation petition or incorporation election;
1635          (iii) an express, legally enforceable contract, promise, or agreement to make any
1636     political issues expenditure;
1637          (iv) compensation paid by a reporting entity for personal services rendered by a person
1638     without charge to a political issues committee; or
1639          (v) goods or services provided to or for the benefit of another reporting entity at less
1640     than fair market value.
1641          (b) "Political issues expenditure" does not include:
1642          (i) services provided without compensation by individuals volunteering a portion or all
1643     of their time on behalf of a political issues committee; or
1644          (ii) money lent to a political issues committee by a financial institution in the ordinary
1645     course of business.
1646          (40) "Political purposes" means an act done with the intent or in a way to influence or
1647     tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
1648     against any:
1649          (a) candidate or a person seeking a municipal or county office at any caucus, political
1650     convention, or election; or
1651          (b) judge standing for retention at any election.
1652          (41) (a) "Poll" means the survey of a person regarding the person's opinion or
1653     knowledge of an individual who has filed a declaration of candidacy for public office, or of a

1654     ballot proposition that has legally qualified for placement on the ballot, which is conducted in
1655     person or by telephone, facsimile, Internet, postal mail, or email.
1656          (b) "Poll" does not include:
1657          (i) a ballot; or
1658          (ii) an interview of a focus group that is conducted, in person, by one individual, if:
1659          (A) the focus group consists of more than three, and less than thirteen, individuals; and
1660          (B) all individuals in the focus group are present during the interview.
1661          (42) "Primary election" means any regular primary election held under the election
1662     laws.
1663          (43) "Publicly identified class of individuals" means a group of 50 or more individuals
1664     sharing a common occupation, interest, or association that contribute to a political action
1665     committee or political issues committee and whose names can be obtained by contacting the
1666     political action committee or political issues committee upon whose financial statement the
1667     individuals are listed.
1668          (44) "Public office" means the office of governor, lieutenant governor, state auditor,
1669     state treasurer, attorney general, state school board member, state senator, state representative,
1670     speaker of the House of Representatives, president of the Senate, and the leader, whip, and
1671     assistant whip of any party caucus in either house of the Legislature.
1672          (45) (a) "Public service assistance" means the following when given or provided to an
1673     officeholder to defray the costs of functioning in a public office or aid the officeholder to
1674     communicate with the officeholder's constituents:
1675          (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
1676     money or anything of value to an officeholder; or
1677          (ii) goods or services provided at less than fair market value to or for the benefit of the
1678     officeholder.
1679          (b) "Public service assistance" does not include:
1680          (i) anything provided by the state;
1681          (ii) services provided without compensation by individuals volunteering a portion or all

1682     of their time on behalf of an officeholder;
1683          (iii) money lent to an officeholder by a financial institution in the ordinary course of
1684     business;
1685          (iv) news coverage or any publication by the news media; or
1686          (v) any article, story, or other coverage as part of any regular publication of any
1687     organization unless substantially all the publication is devoted to information about the
1688     officeholder.
1689          (46) "Receipts" means contributions and public service assistance.
1690          (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
1691     Lobbyist Disclosure and Regulation Act.
1692          (48) "Registered political action committee" means any political action committee that
1693     is required by this chapter to file a statement of organization with the Office of the Lieutenant
1694     Governor.
1695          (49) "Registered political issues committee" means any political issues committee that
1696     is required by this chapter to file a statement of organization with the Office of the Lieutenant
1697     Governor.
1698          (50) "Registered political party" means an organization of voters that:
1699          (a) participated in the last regular general election and polled a total vote equal to 2%
1700     or more of the total votes cast for all candidates for the United States House of Representatives
1701     for any of its candidates for any office; or
1702          (b) has complied with the petition and organizing procedures of Chapter 8, Political
1703     Party Formation and Procedures.
1704          (51) (a) "Remuneration" means a payment:
1705          (i) made to a legislator for the period the Legislature is in session; and
1706          (ii) that is approximately equivalent to an amount a legislator would have earned
1707     during the period the Legislature is in session in the legislator's ordinary course of business.
1708          (b) "Remuneration" does not mean anything of economic value given to a legislator by:
1709          (i) the legislator's primary employer in the ordinary course of business; or

1710          (ii) a person or entity in the ordinary course of business:
1711          (A) because of the legislator's ownership interest in the entity; or
1712          (B) for services rendered by the legislator on behalf of the person or entity.
1713          (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
1714     a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
1715     action committee, a political issues committee, a corporation, or a labor organization, as
1716     defined in Section 20A-11-1501.
1717          (53) "School board office" means the office of state school board.
1718          (54) (a) "Source" means the person or entity that is the legal owner of the tangible or
1719     intangible asset that comprises the contribution.
1720          (b) "Source" means, for political action committees and corporations, the political
1721     action committee and the corporation as entities, not the contributors to the political action
1722     committee or the owners or shareholders of the corporation.
1723          (55) "State office" means the offices of governor, lieutenant governor, attorney general,
1724     state auditor, and state treasurer.
1725          (56) "State office candidate" means a person who:
1726          (a) files a declaration of candidacy for a state office; or
1727          (b) receives contributions, makes expenditures, or gives consent for any other person to
1728     receive contributions or make expenditures to bring about the person's nomination, election, or
1729     appointment to a state office.
1730          (57) "Summary report" means the year end report containing the summary of a
1731     reporting entity's contributions and expenditures.
1732          (58) "Supervisory board" means the individual or group of individuals that allocate
1733     expenditures from a political issues committee.
1734          Section 29. Section 63I-2-210 is amended to read:
1735          63I-2-210. Repeal dates -- Title 10.
1736          [(1) On July 1, 2018, the following are repealed:]
1737          [(a) in Subsection 10-2-403(5), the language that states "10-2a-302 or";]

1738          [(b) in Subsection 10-2-403(5)(b), the language that states "10-2a-302 or";]
1739          [(c) in Subsection 10-2a-106(2), the language that states "10-2a-302 or";]
1740          [(d) Section 10-2a-302;]
1741          [(e) Subsection 10-2a-302.5(2)(a);]
1742          [(f) in Subsection 10-2a-303(1), the language that states "10-2a-302 or";]
1743          [(g) in Subsection 10-2a-303(4), the language that states "10-2a-302(7)(b)(v) or" and
1744     "10-2a-302(7)(b)(iv) or";]
1745          [(h) in Subsection 10-2a-304(1)(a), the language that states "10-2a-302 or"; and]
1746          [(i) in Subsection 10-2a-304(1)(a)(ii), the language that states "Subsection
1747     10-2a-302(5) or".]
1748          [(2)] (1) Subsection 10-9a-304(2) is repealed June 1, 2020.
1749          [(3)] (2) When repealing Subsection 10-9a-304(2), the Office of Legislative Research
1750     and General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3),
1751     make necessary changes to subsection numbering and cross references.
1752          Section 30. Section 67-1a-2 is amended to read:
1753          67-1a-2. Duties enumerated.
1754          (1) The lieutenant governor shall:
1755          (a) perform duties delegated by the governor, including assignments to serve in any of
1756     the following capacities:
1757          (i) as the head of any one department, if so qualified, with the consent of the Senate,
1758     and, upon appointment at the pleasure of the governor and without additional compensation;
1759          (ii) as the chairperson of any cabinet group organized by the governor or authorized by
1760     law for the purpose of advising the governor or coordinating intergovernmental or
1761     interdepartmental policies or programs;
1762          (iii) as liaison between the governor and the state Legislature to coordinate and
1763     facilitate the governor's programs and budget requests;
1764          (iv) as liaison between the governor and other officials of local, state, federal, and
1765     international governments or any other political entities to coordinate, facilitate, and protect the

1766     interests of the state;
1767          (v) as personal advisor to the governor, including advice on policies, programs,
1768     administrative and personnel matters, and fiscal or budgetary matters; and
1769          (vi) as chairperson or member of any temporary or permanent boards, councils,
1770     commissions, committees, task forces, or other group appointed by the governor;
1771          (b) serve on all boards and commissions in lieu of the governor, whenever so
1772     designated by the governor;
1773          (c) serve as the chief election officer of the state as required by Subsection (2);
1774          (d) keep custody of the Great Seal of Utah;
1775          (e) keep a register of, and attest, the official acts of the governor;
1776          (f) affix the Great Seal, with an attestation, to all official documents and instruments to
1777     which the official signature of the governor is required; and
1778          (g) furnish a certified copy of all or any part of any law, record, or other instrument
1779     filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
1780     it and pays the fee.
1781          (2) (a) As the chief election officer, the lieutenant governor shall:
1782          (i) exercise general supervisory authority over all elections;
1783          (ii) exercise direct authority over the conduct of elections for federal, state, and
1784     multicounty officers and statewide or multicounty ballot propositions and any recounts
1785     involving those races;
1786          (iii) assist county clerks in unifying the election ballot;
1787          (iv) (A) prepare election information for the public as required by statute and as
1788     determined appropriate by the lieutenant governor; and
1789          (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
1790     news media on the Internet and in other forms as required by statute or as determined
1791     appropriate by the lieutenant governor;
1792          (v) receive and answer election questions and maintain an election file on opinions
1793     received from the attorney general;

1794          (vi) maintain a current list of registered political parties as defined in Section
1795     20A-8-101;
1796          (vii) maintain election returns and statistics;
1797          (viii) certify to the governor the names of those persons who have received the highest
1798     number of votes for any office;
1799          (ix) ensure that all voting equipment purchased by the state complies with the
1800     requirements of Subsection 20A-5-302(2) and Sections 20A-5-802 and 20A-5-803;
1801          (x) conduct the study described in Section 67-1a-14;
1802          (xi) during a declared emergency, to the extent that the lieutenant governor determines
1803     it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
1804     relating to:
1805          (A) voting on election day;
1806          (B) early voting;
1807          (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
1808          (D) the counting of an absentee ballot or military-overseas ballot; or
1809          (E) the canvassing of election returns; and
1810          (xii) perform other election duties as provided in Title 20A, Election Code.
1811          (b) As chief election officer, the lieutenant governor may not assume the
1812     responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
1813     officials by Title 20A, Election Code.
1814          (3) (a) The lieutenant governor shall:
1815          (i) determine a new [city's] municipality's classification under Section 10-2-301 upon
1816     the city's incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a [City]
1817     Municipality, based on the [city's] municipality's population using the population estimate from
1818     the Utah Population Committee; and
1819          (ii) (A) prepare a certificate indicating the class in which the new [city] municipality
1820     belongs based on the [city's] municipality's population; and
1821          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the

1822     [city's] municipality's legislative body.
1823          (b) The lieutenant governor shall:
1824          (i) determine the classification under Section 10-2-301 of a consolidated municipality
1825     upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
1826     Consolidation of Municipalities, using population information from:
1827          (A) each official census or census estimate of the United States Bureau of the Census;
1828     or
1829          (B) the population estimate from the Utah Population Committee, if the population of a
1830     municipality is not available from the United States Bureau of the Census; and
1831          (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
1832     belongs based on the municipality's population; and
1833          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1834     consolidated municipality's legislative body.
1835          (c) The lieutenant governor shall:
1836          (i) determine a new metro township's classification under Section 10-2-301.5 upon the
1837     metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
1838     Townships and Unincorporated Islands in a County of the First Class on and after May 12,
1839     2015, based on the metro township's population using the population estimates from the Utah
1840     Population Committee; and
1841          (ii) prepare a certificate indicating the class in which the new metro township belongs
1842     based on the metro township's population and, within 10 days after preparing the certificate,
1843     deliver a copy of the certificate to the metro township's legislative body.
1844          (d) The lieutenant governor shall monitor the population of each municipality using
1845     population information from:
1846          (i) each official census or census estimate of the United States Bureau of the Census; or
1847          (ii) the population estimate from the Utah Population Committee, if the population of a
1848     municipality is not available from the United States Bureau of the Census.
1849          (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a

1850     municipality's population has increased beyond the population for its current class, the
1851     lieutenant governor shall:
1852          (i) prepare a certificate indicating the class in which the municipality belongs based on
1853     the increased population figure; and
1854          (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1855     legislative body of the municipality whose class has changed.
1856          (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
1857     municipality's population has decreased below the population for its current class, the
1858     lieutenant governor shall send written notification of that fact to the municipality's legislative
1859     body.
1860          (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
1861     population has decreased below the population for its current class, the lieutenant governor
1862     shall:
1863          (A) prepare a certificate indicating the class in which the municipality belongs based
1864     on the decreased population figure; and
1865          (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1866     legislative body of the municipality whose class has changed.
1867          Section 31. Repealer.
1868          This bill repeals:
1869          Section 10-2a-221, Incorporation petition or feasibility study before May 8, 2012.
1870          Section 10-2a-301, Title.
1871          Section 10-2a-302.5, Incorporation of a town -- Petition.
1872          Section 10-2a-303, Incorporation of a town -- Public hearing on feasibility.
1873          Section 10-2a-304, Incorporation of a town -- Election to incorporate -- Ballot
1874     form.
1875          Section 10-2a-305, Form of government -- Determination of council officer terms --
1876     Hearings and notice.
1877          Section 10-2a-305.1, Notice of number of council members to be elected and of

1878     district boundaries -- Declaration of candidacy for city office -- Occupation of office.
1879          Section 10-2a-305.2, Election of officers of new town -- Primary and final election
1880     dates -- County clerk duties -- Candidate duties -- Occupation of office.
1881          Section 10-2a-306, Notice to lieutenant governor -- Effective date of incorporation
1882     -- Effect of recording documents.
1883          Section 10-2a-307, Costs of town incorporation -- Fees established by lieutenant
1884     governor.
1885          Section 32. Appropriation.
1886          The following sums of money are appropriated for the fiscal year beginning July 1,
1887     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
1888     fiscal year 2020. The Legislature has reviewed the following expendable funds. The Legislature
1889     authorizes the State Division of Finance to transfer amounts between funds and accounts as
1890     indicated. Outlays and expenditures from the funds or accounts to which the money is
1891     transferred may be made without further legislative action, in accordance with statutory
1892     provisions relating to the funds or accounts.
1893     ITEM 1
1894          To the Municipal Incorporation Expendable Special Revenue Fund
1895               From General Fund, One-time
$40,000

1896               Schedule of Programs:
1897                    Municipal Incorporation Expendable
1898                    Special Revenue Fund                $40,000
1899          Section 33. Revisor instructions.
1900          The Legislature intends that the Office of Legislative Research and General Counsel, in
1901     preparing the Utah Code database for publication, replace the reference in Subsection
1902     10-2a-106(3), from "this bill" to the bill's designated chapter number in the Laws of Utah.
1903          Section 34. Coordinating S.B. 35 with S.B. 33 -- Substantive and technical
1904     amendments.
1905          If this S.B. 35 and S.B. 33, Political Procedures Amendments, both pass and become

1906     law, it is the intent of the Legislature that the Office of Legislative Research and General
1907     Counsel shall prepare the Utah Code database for publication, as follows:
1908          (1) Subsection 10-2a-207(3) is amended to read:
1909          "(3) [(a) (i)] The lieutenant governor shall publish notice of the public hearings
1910     [required under] described in Subsection (1):
1911          [(A)] (a) (i) at least once a week for three [successive] consecutive weeks before the
1912     first public hearing in a newspaper of general circulation within the proposed [city]
1913     municipality; [and]
1914          (ii) if there is no newspaper of general circulation in the proposed municipality, at least
1915     three weeks before the day of the first public hearing, by posting one notice, and at least one
1916     additional notice per 2,000 population of the proposed municipality, in places within the
1917     proposed municipality that are most likely to give notice to the residents within, and the owners
1918     of real property located within, the proposed municipality; or
1919          (iii) at least three weeks before the first public hearing, by mailing notice to each
1920     residence within, and each owner of real property located within, the proposed municipality;
1921          [(B)] (b) on the Utah Public Notice Website created in Section 63F-1-701, for three
1922     weeks[.] before the day of the first public hearing;
1923          (c) in accordance with Section 45-1-101, for three weeks before the day of the first
1924     public hearing; and
1925          (d) on the lieutenant governor's website for three weeks before the day of the first
1926     public hearing.
1927          [(ii)] (4) The last [publication of] notice required to be published under Subsection
1928     (3)(a)(i)[(A)] shall be at least three days before the first public hearing required under
1929     Subsection (1).
1930          [(b) (i) If, under Subsection (3)(a)(i)(A), there is no newspaper of general circulation
1931     within the proposed city, the lieutenant governor shall post at least one notice of the hearings
1932     per 1,000 population in conspicuous places within the proposed city that are most likely to give
1933     notice of the hearings to the residents of the proposed city.]

1934          [(ii) The lieutenant governor shall post the notices under Subsection (3)(b)(i) at least
1935     seven days before the first hearing under Subsection (1).]
1936          [(c) The notice under Subsections (3)(a) and (b)]
1937          (5) (a) Except as provided in Subsection (5)(b), the notice described in Subsection (3)
1938     shall include the feasibility study summary [under] described in Subsection
1939     10-2a-205(3)[(b)](c) and shall indicate that a full copy of the study is available [for inspection
1940     and copying] on the lieutenant governor's website and for inspection at the Office of the
1941     Lieutenant Governor.
1942          [(d) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
1943     governor's website and make a copy available for public review at the Office of the Lieutenant
1944     Governor.]
1945          (b) Instead of publishing the feasability summary under Subsection (5)(a), the
1946     lieutenant governor may publish a statement that specifies the following sources where a
1947     resident within, or the owner of real property located within, the proposed municipality, may
1948     view or obtain a copy of the feasability study:
1949          (i) the lieutenant governor's website;
1950          (ii) the physical address of the Office of the Lieutenant Governor; and
1951          (iii) a mailing address and telephone number.";
1952          (2) Subsections 10-2a-210(2) and (3) are amended to read:
1953          "(2) [(a)] The county clerk shall publish notice of the election:
1954          (a) (i) in a newspaper of general circulation within the area proposed to be incorporated
1955     at least once a week for three successive weeks[; and] before the election;
1956          (ii) if there is no newspaper of general circulation in the area proposed to be
1957     incorporated, at least three weeks before the day of the election, by posting one notice, and at
1958     least one additional notice per 2,000 population of the area proposed to be incorporated, in
1959     places within the area proposed to be incorporated that are most likely to give notice to the
1960     voters within the area proposed to be incorporated; or
1961          (iii) at least three weeks before the day of the election, by mailing notice to each

1962     registered voter in the area proposed to be incorporated;
1963          (b) on the Utah Public Notice Website created in Section 63F-1-701, for three weeks
1964     before the day of the election;
1965          [(ii)] (c) in accordance with Section 45-1-101, for three weeks[.] before the day of the
1966     election; and
1967          (d) on the county's website for three weeks before the day of the election.
1968          [(b)] (3) (a) The notice required by Subsection (2)[(a)] shall contain:
1969          (i) a statement of the contents of the petition;
1970          (ii) a description of the area proposed to be incorporated as a [city] municipality;
1971          (iii) a statement of the date and time of the election and the location of polling places;
1972     and
1973          (iv) except as provided in Subsection (3)(c), the feasibility study summary [under]
1974     described in Subsection 10-2a-205(3)[(b)](c) and a statement that a full copy of the study is
1975     available on the lieutenant governor's website and for inspection [and copying] at the Office of
1976     the Lieutenant Governor.
1977          [(c)] (b) The last [publication of] notice required to be published under Subsection
1978     (2)(a)(i) shall [occur] be published at least one day, but no more than seven days, before the
1979     day of the election.
1980          [(d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
1981     circulation within the proposed city, the county clerk shall post at least one notice of the
1982     election per 1,000 population in conspicuous places within the proposed city that are most
1983     likely to give notice of the election to the voters of the proposed city.]
1984          [(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days
1985     before the election under Subsection (1).]
1986          (c) Instead of publishing the feasability summary under Subsection (3)(a)(iv), the
1987     notice may include a statement that specifies the following sources where a registered voter in
1988     area proposed to be incorporated may view or obtain a copy the feasibility study:
1989          (i) the lieutenant governor's website;

1990          (ii) the physical address of the Office of the Lieutenant Governor; and
1991          (iii) a mailing address and telephone number.
1992          (4) An individual may not vote in an incorporation election under this section unless
1993     the individual is a registered voter who resides, as defined in Section 20A-1-102, within the
1994     boundaries of the proposed municipality.
1995          [(3)] (5) If a majority of those [casting votes within the area boundaries of the proposed
1996     city vote to incorporate as a city,] who vote in an incorporation election held under this section
1997     cast votes in favor of incorporation, the area shall incorporate.";
1998          (3) Subsections 10-2a-213(2) and (3) are amended to read:
1999          "[(2) (a)] (3) Before making a determination under Subsection (1)(a)[, (b), or (c)] or
2000     (b)(i), the petition sponsors shall hold a public hearing within the future [city] municipality on
2001     the applicable issues [under] described in Subsections (1)(a)[, (b), and (c)] and (b)(i).
2002          [(b) (i)] (4) The petition sponsors shall publish notice of the public hearing [under]
2003     described in Subsection [(2)(a)] (3):
2004          [(A)] (a) (i) in a newspaper of general circulation within the future [city] municipality
2005     at least once a week for two successive weeks before the public hearing; [and]
2006          (ii) if there is no newspaper of general circulation in the future municipality, at least
2007     two weeks before the day of the public hearing, by posting one notice, and at least one
2008     additional notice per 2,000 population of the future municipality, in places within the future
2009     municipality that are most likely to give notice to the residents within, and the owners of real
2010     property located within, the future municipality; or
2011          (iii) at least two weeks before the day of the public hearing, by mailing notice to each
2012     residence within, and each owner of real property located within, the future municipality;
2013          [(B)] (b) on the Utah Public Notice Website created in Section 63F-1-701, for two
2014     weeks before the day of the public hearing[.];
2015          (c) in accordance with Section 45-1-101, for at least two weeks before the day of the
2016     public hearing; and
2017          (d) on the county's website for two weeks before the day of the public hearing.

2018          [(ii)] (5) The last [publication of] notice required to be published under Subsection
2019     [(2)(b)(i)(A)] (4)(a)(i) shall be published at least three days before the day of the public hearing
2020     [under] described in Subsection [(2)(a)] (3).
2021          [(c) (i) In accordance with Subsection (2)(b)(i)(A), if there is no newspaper of general
2022     circulation within the future city, the petition sponsors shall post at least one notice of the
2023     hearing per 1,000 population in conspicuous places within the future city that are most likely to
2024     give notice of the hearing to the residents of the future city.]
2025          [(ii) The petition sponsors shall post the notices under Subsection (2)(c)(i) at least
2026     seven days before the hearing under Subsection (2)(a).]";
2027          (4) Section 10-2a-214 is amended to read:
2028          "10-2a-214. Notice of number of commission or council members to be elected and
2029     of district boundaries -- Declaration of candidacy for city office.
2030          (1) [(a)] Within 20 days [of the county legislative body's receipt of the information]
2031     after the day on which a county legislative body receives the petition sponsors' determination
2032     under Subsection 10-2a-213(1)[(d)](b)(ii), the county clerk shall publish, in accordance with
2033     Subsection [(1)(b)] (2), notice containing:
2034          [(i)] (a) the number of [commission or] municipal council members to be elected for
2035     the new [city] municipality;
2036          [(ii)] (b) except as provided in Subsection (3), if some or all of the [commission or]
2037     municipal council members are to be elected by district, a description of the boundaries of
2038     those districts [as designated by the petition sponsors under Subsection 10-2a-213(1)(b)];
2039          [(iii)] (c) information about the deadline for [filing] an individual to file a declaration
2040     of candidacy [for those seeking to become candidates] to become a candidate for mayor or [city
2041     commission or] municipal council; and
2042          [(iv)] (d) information about the length of the initial term of each of the [city officers, as
2043     determined by the petition sponsors under Subsection 10-2a-213(1)(c)] municipal officers.
2044          [(b)] (2) The county clerk shall publish the notice [under] described in Subsection
2045     (1)[(a) shall be published]:

2046          (a) (i) in a newspaper of general circulation within the future [city] at least once a week
2047     for two [successive] consecutive weeks; [and]
2048          (ii) if there is no newspaper of general circulation in the future municipality, by posting
2049     one notice, and at least one additional notice per 2,000 population of the future municipality, in
2050     places within the future municipality that are most likely to give notice to the residents in the
2051     future municipality; or
2052          (iii) by mailing notice to each residence in the future municipality;
2053          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks;
2054          [(ii)] (c) in accordance with Section 45-1-101, for two weeks[.]; and
2055          (d) on the county's website for two weeks.
2056          [(c) (i) In accordance with Subsection (1)(b)(i), if there is no newspaper of general
2057     circulation within the future city, the county clerk shall post at least one notice per 1,000
2058     population in conspicuous places within the future city that are most likely to give notice to the
2059     residents of the future city.]
2060          [(ii) The notice under Subsection (1)(c)(i) shall contain the information required under
2061     Subsection (1)(a).]
2062          [(iii) The petition sponsors shall post the notices under Subsection (1)(c)(i) at least
2063     seven days before the deadline for filing a declaration of candidacy under Subsection (2).]
2064          (3) Instead of publishing the district boundaries described in Subsection (1)(b), the
2065     notice may include a statement that specifies the following sources where a resident of the
2066     future municipality may view or obtain a copy the district:
2067          (a) the county website;
2068          (b) the physical address of the county offices; and
2069          (c) a mailing address and telephone number.
2070          [(2)] (4) Notwithstanding Subsection 20A-9-203(3)(a), each individual seeking to
2071     become a candidate for mayor or [city commission or] municipal council of a [city]
2072     municipality incorporating under this part shall file a declaration of candidacy with the clerk of
2073     the county in which the future [city] municipality is located and in accordance with [the

2074     deadlines set by the clerk as authorized by Section 10-2a-215.]:
2075          (a) for an incorporation held on the date of a regular general election, the deadlines for
2076     filing a declaration of candidacy under Section 20A-9-202; or
2077          (b) for an incorporation held on the date of a municipal general election, the deadlines
2078     for filing a declaration of candidacy under Section 20A-9-203."; and
2079          (5) Subsections 10-2a-215(5) and (6) are amended to read:
2080          "(5) [(a) (i)] The county clerk shall publish notice of an election under this section:
2081          [(A)] (a) (i) in accordance with Subsection (6), at least once a week for two
2082     [successive] consecutive weeks before the election in a newspaper of general circulation within
2083     the future [city] municipality; [and]
2084          (ii) if there is no newspaper of general circulation in the future municipality, at least
2085     two weeks before the day of the election, by posting one notice, and at least one additional
2086     notice per 2,000 population of the future municipality, in places within the future municipality
2087     that are most likely to give notice to the voters within the future municipality; or
2088          (iii) at least two weeks before the day of the election, by mailing notice to each
2089     registered voter within the future municipality;
2090          (b) on the Utah Public Notice Website created in Section 63F-1-701, for two weeks
2091     before the day of the election;
2092          [(B)] (c) in accordance with Section 45-1-101, for two weeks[.] before the day of the
2093     election; and
2094          (d) on the county's website for two weeks before the day of the election.
2095          [(ii)] (6) The [later] last notice required to be published under Subsection (5)(a)(i) shall
2096     be published at least one day but no more than seven days before the day of the election.
2097          [(b) (i) In accordance with Subsection (5)(a)(i)(A), if there is no newspaper of general
2098     circulation within the future city, the county clerk shall post at least one notice of the election
2099     per 1,000 population in conspicuous places within the future city that are most likely to give
2100     notice of the election to the voters.]
2101          [(ii) The county clerk shall post the notices under Subsection (5)(b)(i) at least seven

2102     days before each election under Subsection (1).]
2103          [(6) (a)] (7) Until the [city] municipality is incorporated, the county clerk:
2104          [(i)] (a) is the election officer for all purposes [in an election of officers of the city
2105     approved at an incorporation election; and] related to the election of municipal officers;
2106          [(ii)] (b) may, as necessary, determine appropriate deadlines, procedures, and
2107     instructions related to the election of municipal officers for a new municipality that are not
2108     otherwise contrary to law[.];
2109          [(b)] (c) [The county clerk] shall require and determine deadlines for [the filing of]
2110     municipal office candidates to file campaign financial disclosures [of city officer candidates] in
2111     accordance with Section 10-3-208[.]; and
2112          [(c) The county clerk is responsible to ensure that:]
2113          [(i) a primary or final election for the officials of a newly incorporated city is held on a
2114     date authorized by this section; and]
2115          [(ii)] (d) shall ensure that the ballot for the election includes each office that is required
2116     to be included in the election for officers of the newly incorporated [city and] municipality,
2117     including the term of each office.".