1     
INITIATIVES AND REFERENDA AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: John D. Johnson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to statewide and local initiatives and referenda.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies petition filing requirements for an initiative or referendum;
13          ▸     provides more standardization to forms, requirements, and procedures for state and
14     local initiatives and referenda, including procedures for posting and removing
15     signatures for a petition;
16          ▸     clarifies actions that may be taken by a petition sponsor or an agent of a petition
17     sponsor;
18          ▸     modifies signature packet preparation requirements;
19          ▸     modifies timelines and deadlines for initiatives and referenda;
20          ▸     modifies provisions for challenging an action, relating to initiatives or referenda, in
21     a court proceeding;
22          ▸     addresses the verification of signatures;
23          ▸     addresses a temporary stay of a law challenged by referendum and the effective date
24     of the law;
25          ▸     for a statewide referendum, changes the requirement relating to a certain percentage
26     of signatures in at least 15 counties to a certain percentage of signatures in at least
27     15 Senate districts; and
28          ▸     makes technical and conforming changes.

29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          10-9a-103, as last amended by Laws of Utah 2020, Chapter 434
36          10-9a-509, as last amended by Laws of Utah 2020, Chapter 434
37          11-14-301, as last amended by Laws of Utah 2019, Chapter 203
38          17-27a-103, as last amended by Laws of Utah 2020, Chapter 434
39          17-27a-508, as last amended by Laws of Utah 2019, Chapter 384 and last amended by
40     Coordination Clause, Laws of Utah 2019, Chapter 384
41          20A-1-609, as last amended by Laws of Utah 2020, Chapter 31
42          20A-7-202, as last amended by Laws of Utah 2019, Chapters 217 and 275
43          20A-7-203, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
44          20A-7-204, as last amended by Laws of Utah 2017, Chapter 291
45          20A-7-205, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
46     amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
47          20A-7-206, as last amended by Laws of Utah 2020, Chapters 166 and 349
48          20A-7-207, as last amended by Laws of Utah 2019, Chapters 210, 217 and last
49     amended by Coordination Clause, Laws of Utah 2019, Chapter 210
50          20A-7-209, as last amended by Laws of Utah 2019, Chapter 275
51          20A-7-301, as last amended by Laws of Utah 2019, Chapter 217
52          20A-7-302, as last amended by Laws of Utah 2020, Chapter 166
53          20A-7-303, as last amended by Laws of Utah 2019, Chapter 210
54          20A-7-304, as last amended by Laws of Utah 1995, Chapter 153
55          20A-7-305, as last amended by Laws of Utah 2020, Chapter 166

56          20A-7-306, as last amended by Laws of Utah 2020, Chapter 166
57          20A-7-306.3, as last amended by Laws of Utah 2011, Chapter 17
58          20A-7-307, as last amended by Laws of Utah 2020, Chapter 166
59          20A-7-308, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
60          20A-7-309, as last amended by Laws of Utah 2010, Chapter 294
61          20A-7-311, as last amended by Laws of Utah 2020, Chapter 166
62          20A-7-401.5, as enacted by Laws of Utah 2019, Chapter 203
63          20A-7-502, as last amended by Laws of Utah 2019, Chapter 203
64          20A-7-503, as last amended by Laws of Utah 2017, Chapter 291
65          20A-7-504, as last amended by Laws of Utah 2019, Chapter 203
66          20A-7-505, as last amended by Laws of Utah 2019, Chapter 203
67          20A-7-506, as last amended by Laws of Utah 2019, Chapters 203 and 255
68          20A-7-506.3, as last amended by Laws of Utah 2019, Chapter 203
69          20A-7-507, as last amended by Laws of Utah 2019, Chapter 203
70          20A-7-508, as last amended by Laws of Utah 2019, Chapter 203
71          20A-7-510, as last amended by Laws of Utah 2019, Chapter 203
72          20A-7-601, as last amended by Laws of Utah 2019, Chapters 203 and 255
73          20A-7-602, as last amended by Laws of Utah 2019, Chapter 203
74          20A-7-603, as last amended by Laws of Utah 2019, Chapter 203
75          20A-7-604, as last amended by Laws of Utah 2019, Chapter 203
76          20A-7-605, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
77          20A-7-606, as last amended by Laws of Utah 2019, Chapter 255
78          20A-7-606.3, as last amended by Laws of Utah 2019, Chapter 203
79          20A-7-607, as last amended by Laws of Utah 2020, Chapter 31
80          20A-7-608, as last amended by Laws of Utah 2019, Chapter 203
81          20A-7-610, as last amended by Laws of Utah 2019, Chapter 203
82          20A-7-611, as enacted by Laws of Utah 1994, Chapter 272

83          20A-7-613, as last amended by Laws of Utah 2020, Chapter 31
84     ENACTS:
85          20A-7-206.1, Utah Code Annotated 1953
86     REPEALS:
87          20A-7-205.5, as last amended by Laws of Utah 2008, Chapter 237
88     

89     Be it enacted by the Legislature of the state of Utah:
90          Section 1. Section 10-9a-103 is amended to read:
91          10-9a-103. Definitions.
92          As used in this chapter:
93          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
94     detached from a primary single-family dwelling and contained on one lot.
95          (2) "Adversely affected party" means a person other than a land use applicant who:
96          (a) owns real property adjoining the property that is the subject of a land use
97     application or land use decision; or
98          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
99     general community as a result of the land use decision.
100          (3) "Affected entity" means a county, municipality, local district, special service
101     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
102     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
103     public utility, property owner, property owners association, or the Utah Department of
104     Transportation, if:
105          (a) the entity's services or facilities are likely to require expansion or significant
106     modification because of an intended use of land;
107          (b) the entity has filed with the municipality a copy of the entity's general or long-range
108     plan; or
109          (c) the entity has filed with the municipality a request for notice during the same

110     calendar year and before the municipality provides notice to an affected entity in compliance
111     with a requirement imposed under this chapter.
112          (4) "Affected owner" means the owner of real property that is:
113          (a) a single project;
114          (b) the subject of a land use approval that sponsors of a referendum timely challenged
115     in accordance with Subsection 20A-7-601(5)[(a)]; and
116          (c) determined to be legally referable under Section 20A-7-602.8.
117          (5) "Appeal authority" means the person, board, commission, agency, or other body
118     designated by ordinance to decide an appeal of a decision of a land use application or a
119     variance.
120          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
121     residential property if the sign is designed or intended to direct attention to a business, product,
122     or service that is not sold, offered, or existing on the property where the sign is located.
123          (7) (a) "Charter school" means:
124          (i) an operating charter school;
125          (ii) a charter school applicant that has its application approved by a charter school
126     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
127          (iii) an entity that is working on behalf of a charter school or approved charter
128     applicant to develop or construct a charter school building.
129          (b) "Charter school" does not include a therapeutic school.
130          (8) "Conditional use" means a land use that, because of its unique characteristics or
131     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
132     compatible in some areas or may be compatible only if certain conditions are required that
133     mitigate or eliminate the detrimental impacts.
134          (9) "Constitutional taking" means a governmental action that results in a taking of
135     private property so that compensation to the owner of the property is required by the:
136          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or

137          (b) Utah Constitution Article I, Section 22.
138          (10) "Culinary water authority" means the department, agency, or public entity with
139     responsibility to review and approve the feasibility of the culinary water system and sources for
140     the subject property.
141          (11) "Development activity" means:
142          (a) any construction or expansion of a building, structure, or use that creates additional
143     demand and need for public facilities;
144          (b) any change in use of a building or structure that creates additional demand and need
145     for public facilities; or
146          (c) any change in the use of land that creates additional demand and need for public
147     facilities.
148          (12) (a) "Disability" means a physical or mental impairment that substantially limits
149     one or more of a person's major life activities, including a person having a record of such an
150     impairment or being regarded as having such an impairment.
151          (b) "Disability" does not include current illegal use of, or addiction to, any federally
152     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
153     802.
154          (13) "Educational facility":
155          (a) means:
156          (i) a school district's building at which pupils assemble to receive instruction in a
157     program for any combination of grades from preschool through grade 12, including
158     kindergarten and a program for children with disabilities;
159          (ii) a structure or facility:
160          (A) located on the same property as a building described in Subsection (13)(a)(i); and
161          (B) used in support of the use of that building; and
162          (iii) a building to provide office and related space to a school district's administrative
163     personnel; and

164          (b) does not include:
165          (i) land or a structure, including land or a structure for inventory storage, equipment
166     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
167          (A) not located on the same property as a building described in Subsection (13)(a)(i);
168     and
169          (B) used in support of the purposes of a building described in Subsection (13)(a)(i); or
170          (ii) a therapeutic school.
171          (14) "Fire authority" means the department, agency, or public entity with responsibility
172     to review and approve the feasibility of fire protection and suppression services for the subject
173     property.
174          (15) "Flood plain" means land that:
175          (a) is within the 100-year flood plain designated by the Federal Emergency
176     Management Agency; or
177          (b) has not been studied or designated by the Federal Emergency Management Agency
178     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
179     the land has characteristics that are similar to those of a 100-year flood plain designated by the
180     Federal Emergency Management Agency.
181          (16) "General plan" means a document that a municipality adopts that sets forth general
182     guidelines for proposed future development of the land within the municipality.
183          (17) "Geologic hazard" means:
184          (a) a surface fault rupture;
185          (b) shallow groundwater;
186          (c) liquefaction;
187          (d) a landslide;
188          (e) a debris flow;
189          (f) unstable soil;
190          (g) a rock fall; or

191          (h) any other geologic condition that presents a risk:
192          (i) to life;
193          (ii) of substantial loss of real property; or
194          (iii) of substantial damage to real property.
195          (18) "Historic preservation authority" means a person, board, commission, or other
196     body designated by a legislative body to:
197          (a) recommend land use regulations to preserve local historic districts or areas; and
198          (b) administer local historic preservation land use regulations within a local historic
199     district or area.
200          (19) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
201     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
202     utility system.
203          (20) "Identical plans" means building plans submitted to a municipality that:
204          (a) are clearly marked as "identical plans";
205          (b) are substantially identical to building plans that were previously submitted to and
206     reviewed and approved by the municipality; and
207          (c) describe a building that:
208          (i) is located on land zoned the same as the land on which the building described in the
209     previously approved plans is located;
210          (ii) is subject to the same geological and meteorological conditions and the same law
211     as the building described in the previously approved plans;
212          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
213     and approved by the municipality; and
214          (iv) does not require any additional engineering or analysis.
215          (21) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
216     Impact Fees Act.
217          (22) "Improvement completion assurance" means a surety bond, letter of credit,

218     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
219     by a municipality to guaranty the proper completion of landscaping or an infrastructure
220     improvement required as a condition precedent to:
221          (a) recording a subdivision plat; or
222          (b) development of a commercial, industrial, mixed use, or multifamily project.
223          (23) "Improvement warranty" means an applicant's unconditional warranty that the
224     applicant's installed and accepted landscaping or infrastructure improvement:
225          (a) complies with the municipality's written standards for design, materials, and
226     workmanship; and
227          (b) will not fail in any material respect, as a result of poor workmanship or materials,
228     within the improvement warranty period.
229          (24) "Improvement warranty period" means a period:
230          (a) no later than one year after a municipality's acceptance of required landscaping; or
231          (b) no later than one year after a municipality's acceptance of required infrastructure,
232     unless the municipality:
233          (i) determines for good cause that a one-year period would be inadequate to protect the
234     public health, safety, and welfare; and
235          (ii) has substantial evidence, on record:
236          (A) of prior poor performance by the applicant; or
237          (B) that the area upon which the infrastructure will be constructed contains suspect soil
238     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
239          (25) "Infrastructure improvement" means permanent infrastructure that is essential for
240     the public health and safety or that:
241          (a) is required for human occupation; and
242          (b) an applicant must install:
243          (i) in accordance with published installation and inspection specifications for public
244     improvements; and

245          (ii) whether the improvement is public or private, as a condition of:
246          (A) recording a subdivision plat;
247          (B) obtaining a building permit; or
248          (C) development of a commercial, industrial, mixed use, condominium, or multifamily
249     project.
250          (26) "Internal lot restriction" means a platted note, platted demarcation, or platted
251     designation that:
252          (a) runs with the land; and
253          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
254     the plat; or
255          (ii) designates a development condition that is enclosed within the perimeter of a lot
256     described on the plat.
257          (27) "Land use applicant" means a property owner, or the property owner's designee,
258     who submits a land use application regarding the property owner's land.
259          (28) "Land use application":
260          (a) means an application that is:
261          (i) required by a municipality; and
262          (ii) submitted by a land use applicant to obtain a land use decision; and
263          (b) does not mean an application to enact, amend, or repeal a land use regulation.
264          (29) "Land use authority" means:
265          (a) a person, board, commission, agency, or body, including the local legislative body,
266     designated by the local legislative body to act upon a land use application; or
267          (b) if the local legislative body has not designated a person, board, commission,
268     agency, or body, the local legislative body.
269          (30) "Land use decision" means an administrative decision of a land use authority or
270     appeal authority regarding:
271          (a) a land use permit;

272          (b) a land use application; or
273          (c) the enforcement of a land use regulation, land use permit, or development
274     agreement.
275          (31) "Land use permit" means a permit issued by a land use authority.
276          (32) "Land use regulation":
277          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
278     specification, fee, or rule that governs the use or development of land;
279          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
280     and
281          (c) does not include:
282          (i) a land use decision of the legislative body acting as the land use authority, even if
283     the decision is expressed in a resolution or ordinance; or
284          (ii) a temporary revision to an engineering specification that does not materially:
285          (A) increase a land use applicant's cost of development compared to the existing
286     specification; or
287          (B) impact a land use applicant's use of land.
288          (33) "Legislative body" means the municipal council.
289          (34) "Local district" means an entity under Title 17B, Limited Purpose Local
290     Government Entities - Local Districts, and any other governmental or quasi-governmental
291     entity that is not a county, municipality, school district, or the state.
292          (35) "Local historic district or area" means a geographically definable area that:
293          (a) contains any combination of buildings, structures, sites, objects, landscape features,
294     archeological sites, or works of art that contribute to the historic preservation goals of a
295     legislative body; and
296          (b) is subject to land use regulations to preserve the historic significance of the local
297     historic district or area.
298          (36) "Lot" means a tract of land, regardless of any label, that is created by and shown

299     on a subdivision plat that has been recorded in the office of the county recorder.
300          (37) (a) "Lot line adjustment" means a relocation of a lot line boundary between
301     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
302     accordance with Section 10-9a-608, with the consent of the owners of record.
303          (b) "Lot line adjustment" does not mean a new boundary line that:
304          (i) creates an additional lot; or
305          (ii) constitutes a subdivision.
306          (38) "Major transit investment corridor" means public transit service that uses or
307     occupies:
308          (a) public transit rail right-of-way;
309          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
310     or
311          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
312     municipality or county and:
313          (i) a public transit district as defined in Section 17B-2a-802; or
314          (ii) an eligible political subdivision as defined in Section 59-12-2219.
315          (39) "Moderate income housing" means housing occupied or reserved for occupancy
316     by households with a gross household income equal to or less than 80% of the median gross
317     income for households of the same size in the county in which the city is located.
318          (40) "Municipal utility easement" means an easement that:
319          (a) is created or depicted on a plat recorded in a county recorder's office and is
320     described as a municipal utility easement granted for public use;
321          (b) is not a protected utility easement or a public utility easement as defined in Section
322     54-3-27;
323          (c) the municipality or the municipality's affiliated governmental entity uses and
324     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
325     water, or communications or data lines;

326          (d) is used or occupied with the consent of the municipality in accordance with an
327     authorized franchise or other agreement;
328          (e) (i) is used or occupied by a specified public utility in accordance with an authorized
329     franchise or other agreement; and
330          (ii) is located in a utility easement granted for public use; or
331          (f) is described in Section 10-9a-529 and is used by a specified public utility.
332          (41) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
333     spent and expenses incurred in:
334          (a) verifying that building plans are identical plans; and
335          (b) reviewing and approving those minor aspects of identical plans that differ from the
336     previously reviewed and approved building plans.
337          (42) "Noncomplying structure" means a structure that:
338          (a) legally existed before its current land use designation; and
339          (b) because of one or more subsequent land use ordinance changes, does not conform
340     to the setback, height restrictions, or other regulations, excluding those regulations, which
341     govern the use of land.
342          (43) "Nonconforming use" means a use of land that:
343          (a) legally existed before its current land use designation;
344          (b) has been maintained continuously since the time the land use ordinance governing
345     the land changed; and
346          (c) because of one or more subsequent land use ordinance changes, does not conform
347     to the regulations that now govern the use of the land.
348          (44) "Official map" means a map drawn by municipal authorities and recorded in a
349     county recorder's office that:
350          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
351     highways and other transportation facilities;
352          (b) provides a basis for restricting development in designated rights-of-way or between

353     designated setbacks to allow the government authorities time to purchase or otherwise reserve
354     the land; and
355          (c) has been adopted as an element of the municipality's general plan.
356          (45) "Parcel" means any real property that is not a lot created by and shown on a
357     subdivision plat recorded in the office of the county recorder.
358          (46) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
359     adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
360     agreement in accordance with Section 57-1-45, if no additional parcel is created and:
361          (i) none of the property identified in the agreement is subdivided land; or
362          (ii) the adjustment is to the boundaries of a single person's parcels.
363          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
364     line that:
365          (i) creates an additional parcel; or
366          (ii) constitutes a subdivision.
367          (47) "Person" means an individual, corporation, partnership, organization, association,
368     trust, governmental agency, or any other legal entity.
369          (48) "Plan for moderate income housing" means a written document adopted by a
370     municipality's legislative body that includes:
371          (a) an estimate of the existing supply of moderate income housing located within the
372     municipality;
373          (b) an estimate of the need for moderate income housing in the municipality for the
374     next five years;
375          (c) a survey of total residential land use;
376          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
377     income housing; and
378          (e) a description of the municipality's program to encourage an adequate supply of
379     moderate income housing.

380          (49) "Plat" means a map or other graphical representation of lands that a licensed
381     professional land surveyor makes and prepares in accordance with Section 10-9a-603 or
382     57-8-13.
383          (50) "Potential geologic hazard area" means an area that:
384          (a) is designated by a Utah Geological Survey map, county geologist map, or other
385     relevant map or report as needing further study to determine the area's potential for geologic
386     hazard; or
387          (b) has not been studied by the Utah Geological Survey or a county geologist but
388     presents the potential of geologic hazard because the area has characteristics similar to those of
389     a designated geologic hazard area.
390          (51) "Public agency" means:
391          (a) the federal government;
392          (b) the state;
393          (c) a county, municipality, school district, local district, special service district, or other
394     political subdivision of the state; or
395          (d) a charter school.
396          (52) "Public hearing" means a hearing at which members of the public are provided a
397     reasonable opportunity to comment on the subject of the hearing.
398          (53) "Public meeting" means a meeting that is required to be open to the public under
399     Title 52, Chapter 4, Open and Public Meetings Act.
400          (54) "Public street" means a public right-of-way, including a public highway, public
401     avenue, public boulevard, public parkway, public road, public lane, public alley, public
402     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
403     easement, or other public way.
404          (55) "Receiving zone" means an area of a municipality that the municipality
405     designates, by ordinance, as an area in which an owner of land may receive a transferable
406     development right.

407          (56) "Record of survey map" means a map of a survey of land prepared in accordance
408     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
409          (57) "Residential facility for persons with a disability" means a residence:
410          (a) in which more than one person with a disability resides; and
411          (b) (i) which is licensed or certified by the Department of Human Services under Title
412     62A, Chapter 2, Licensure of Programs and Facilities; or
413          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
414     21, Health Care Facility Licensing and Inspection Act.
415          (58) "Rules of order and procedure" means a set of rules that govern and prescribe in a
416     public meeting:
417          (a) parliamentary order and procedure;
418          (b) ethical behavior; and
419          (c) civil discourse.
420          (59) "Sanitary sewer authority" means the department, agency, or public entity with
421     responsibility to review and approve the feasibility of sanitary sewer services or onsite
422     wastewater systems.
423          (60) "Sending zone" means an area of a municipality that the municipality designates,
424     by ordinance, as an area from which an owner of land may transfer a transferable development
425     right.
426          (61) "Specified public agency" means:
427          (a) the state;
428          (b) a school district; or
429          (c) a charter school.
430          (62) "Specified public utility" means an electrical corporation, gas corporation, or
431     telephone corporation, as those terms are defined in Section 54-2-1.
432          (63) "State" includes any department, division, or agency of the state.
433          (64) "Subdivided land" means the land, tract, or lot described in a recorded subdivision

434     plat.
435          (65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
436     divided into two or more lots or other division of land for the purpose, whether immediate or
437     future, for offer, sale, lease, or development either on the installment plan or upon any and all
438     other plans, terms, and conditions.
439          (b) "Subdivision" includes:
440          (i) the division or development of land whether by deed, metes and bounds description,
441     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
442     includes all or a portion of a parcel or lot; and
443          (ii) except as provided in Subsection (65)(c), divisions of land for residential and
444     nonresidential uses, including land used or to be used for commercial, agricultural, and
445     industrial purposes.
446          (c) "Subdivision" does not include:
447          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
448     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
449     neither the resulting combined parcel nor the parcel remaining from the division or partition
450     violates an applicable land use ordinance;
451          (ii) an agreement recorded with the county recorder's office between owners of
452     adjoining unsubdivided properties adjusting the mutual boundary by a boundary line agreement
453     in accordance with Section 57-1-45 if:
454          (A) no new lot is created; and
455          (B) the adjustment does not violate applicable land use ordinances;
456          (iii) a recorded document, executed by the owner of record:
457          (A) revising the legal description of more than one contiguous parcel of property that is
458     not subdivided land into one legal description encompassing all such parcels of property; or
459          (B) joining a subdivided parcel of property to another parcel of property that has not
460     been subdivided, if the joinder does not violate applicable land use ordinances;

461          (iv) an agreement between owners of adjoining subdivided properties adjusting the
462     mutual lot line boundary in accordance with Section 10-9a-603 if:
463          (A) no new dwelling lot or housing unit will result from the adjustment; and
464          (B) the adjustment will not violate any applicable land use ordinance;
465          (v) a bona fide division or partition of land by deed or other instrument where the land
466     use authority expressly approves in writing the division in anticipation of further land use
467     approvals on the parcel or parcels;
468          (vi) a parcel boundary adjustment;
469          (vii) a lot line adjustment;
470          (viii) a road, street, or highway dedication plat; or
471          (ix) a deed or easement for a road, street, or highway purpose.
472          (d) The joining of a subdivided parcel of property to another parcel of property that has
473     not been subdivided does not constitute a subdivision under this Subsection (65) as to the
474     unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
475     subdivision ordinance.
476          (66) "Subdivision amendment" means an amendment to a recorded subdivision in
477     accordance with Section 10-9a-608 that:
478          (a) vacates all or a portion of the subdivision;
479          (b) alters the outside boundary of the subdivision;
480          (c) changes the number of lots within the subdivision;
481          (d) alters a public right-of-way, a public easement, or public infrastructure within the
482     subdivision; or
483          (e) alters a common area or other common amenity within the subdivision.
484          (67) "Suspect soil" means soil that has:
485          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
486     3% swell potential;
487          (b) bedrock units with high shrink or swell susceptibility; or

488          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
489     commonly associated with dissolution and collapse features.
490          (68) "Therapeutic school" means a residential group living facility:
491          (a) for four or more individuals who are not related to:
492          (i) the owner of the facility; or
493          (ii) the primary service provider of the facility;
494          (b) that serves students who have a history of failing to function:
495          (i) at home;
496          (ii) in a public school; or
497          (iii) in a nonresidential private school; and
498          (c) that offers:
499          (i) room and board; and
500          (ii) an academic education integrated with:
501          (A) specialized structure and supervision; or
502          (B) services or treatment related to a disability, an emotional development, a
503     behavioral development, a familial development, or a social development.
504          (69) "Transferable development right" means a right to develop and use land that
505     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
506     land use rights from a designated sending zone to a designated receiving zone.
507          (70) "Unincorporated" means the area outside of the incorporated area of a city or
508     town.
509          (71) "Water interest" means any right to the beneficial use of water, including:
510          (a) each of the rights listed in Section 73-1-11; and
511          (b) an ownership interest in the right to the beneficial use of water represented by:
512          (i) a contract; or
513          (ii) a share in a water company, as defined in Section 73-3-3.5.
514          (72) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts

515     land use zones, overlays, or districts.
516          Section 2. Section 10-9a-509 is amended to read:
517          10-9a-509. Applicant's entitlement to land use application approval --
518     Municipality's requirements and limitations -- Vesting upon submission of development
519     plan and schedule.
520          (1) (a) (i) An applicant who has submitted a complete land use application as described
521     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
522     review of the application under the land use regulations:
523          (A) in effect on the date that the application is complete; and
524          (B) applicable to the application or to the information shown on the application.
525          (ii) An applicant is entitled to approval of a land use application if the application
526     conforms to the requirements of the applicable land use regulations, land use decisions, and
527     development standards in effect when the applicant submits a complete application and pays
528     application fees, unless:
529          (A) the land use authority, on the record, formally finds that a compelling,
530     countervailing public interest would be jeopardized by approving the application and specifies
531     the compelling, countervailing public interest in writing; or
532          (B) in the manner provided by local ordinance and before the applicant submits the
533     application, the municipality formally initiates proceedings to amend the municipality's land
534     use regulations in a manner that would prohibit approval of the application as submitted.
535          (b) The municipality shall process an application without regard to proceedings the
536     municipality initiated to amend the municipality's ordinances as described in Subsection
537     (1)(a)(ii)(B) if:
538          (i) 180 days have passed since the municipality initiated the proceedings; and
539          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
540     application as submitted.
541          (c) A land use application is considered submitted and complete when the applicant

542     provides the application in a form that complies with the requirements of applicable ordinances
543     and pays all applicable fees.
544          (d) A subsequent incorporation of a municipality or a petition that proposes the
545     incorporation of a municipality does not affect a land use application approved by a county in
546     accordance with Section 17-27a-508.
547          (e) The continuing validity of an approval of a land use application is conditioned upon
548     the applicant proceeding after approval to implement the approval with reasonable diligence.
549          (f) A municipality may not impose on an applicant who has submitted a complete
550     application a requirement that is not expressed in:
551          (i) this chapter;
552          (ii) a municipal ordinance; or
553          (iii) a municipal specification for public improvements applicable to a subdivision or
554     development that is in effect on the date that the applicant submits an application.
555          (g) A municipality may not impose on a holder of an issued land use permit or a final,
556     unexpired subdivision plat a requirement that is not expressed:
557          (i) in a land use permit;
558          (ii) on the subdivision plat;
559          (iii) in a document on which the land use permit or subdivision plat is based;
560          (iv) in the written record evidencing approval of the land use permit or subdivision
561     plat;
562          (v) in this chapter; or
563          (vi) in a municipal ordinance.
564          (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
565     of a certificate of occupancy or acceptance of subdivision improvements because of an
566     applicant's failure to comply with a requirement that is not expressed:
567          (i) in the building permit or subdivision plat, documents on which the building permit
568     or subdivision plat is based, or the written record evidencing approval of the land use permit or

569     subdivision plat; or
570          (ii) in this chapter or the municipality's ordinances.
571          (i) A municipality may not unreasonably withhold issuance of a certificate of
572     occupancy where an applicant has met all requirements essential for the public health, public
573     safety, and general welfare of the occupants, in accordance with this chapter, unless:
574          (i) the applicant and the municipality have agreed in a written document to the
575     withholding of a certificate of occupancy; or
576          (ii) the applicant has not provided a financial assurance for required and uncompleted
577     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
578     legislative body adopts under this chapter.
579          (2) A municipality is bound by the terms and standards of applicable land use
580     regulations and shall comply with mandatory provisions of those regulations.
581          (3) A municipality may not, as a condition of land use application approval, require a
582     person filing a land use application to obtain documentation regarding a school district's
583     willingness, capacity, or ability to serve the development proposed in the land use application.
584          (4) Upon a specified public agency's submission of a development plan and schedule as
585     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
586     specified public agency vests in the municipality's applicable land use maps, zoning map,
587     hookup fees, impact fees, other applicable development fees, and land use regulations in effect
588     on the date of submission.
589          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
590     Subsection 20A-7-601(5)[(a)], the project's affected owner may rescind the project's land use
591     approval by delivering a written notice:
592          (i) to the local clerk as defined in Section 20A-7-101; and
593          (ii) no later than seven days after the day on which a petition for a referendum is
594     determined sufficient under [Section]Subsection 20A-7-607[(5)](4).
595          (b) Upon delivery of a written notice described in Subsection (5)(a) the following are

596     rescinded and are of no further force or effect:
597          (i) the relevant land use approval; and
598          (ii) any land use regulation enacted specifically in relation to the land use approval.
599          Section 3. Section 11-14-301 is amended to read:
600          11-14-301. Issuance of bonds by governing body -- Computation of indebtedness
601     under constitutional and statutory limitations.
602          (1) If the governing body has declared the bond proposition to have carried and no
603     contest has been filed, or if a contest has been filed and favorably terminated, the governing
604     body may proceed to issue the bonds voted at the election.
605          (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
606     otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
607     more than 10 years after the day on which the election is held.
608          (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
609     10-year period:
610          (i) an application for a referendum petition is filed with a local clerk, in accordance
611     with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or
612          (ii) the bonds are challenged in a court of law or an administrative proceeding in
613     relation to:
614          (A) the legality or validity of the bonds, or the election or proceedings authorizing the
615     bonds;
616          (B) the authority of the local political subdivision to issue the bonds;
617          (C) the provisions made for the security or payment of the bonds; or
618          (D) any other issue that materially and adversely affects the marketability of the bonds,
619     as determined by the individual or body that holds the executive powers of the local political
620     subdivision.
621          (c) For a bond described in this section that is approved by voters on or after May 8,
622     2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the

623     later of the day on which:
624          (i) the local clerk determines that the petition is insufficient, in accordance with
625     Subsection 20A-7-607(2)[(c)](e), unless an application, described in Subsection
626     20A-7-607[(4)](3)(a), is made to a court;
627          (ii) a court determines, under Subsection 20A-7-607[(4)](3)(c), that the petition for the
628     referendum is not legally sufficient; or
629          (iii) for a referendum petition that is sufficient, the governing body declares, as
630     provided by law, the results of the referendum election on the local obligation law.
631          (d) For a bond described in this section that was approved by voters on or after May
632     14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
633          (i) if a county, city, town, metro township, or court determines, under Section
634     20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:
635          (A) the day on which the county, city, town, or metro township provides the notice
636     described in Subsection 20A-7-602.7(1)(b)(ii); or
637          (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court
638     decision that the proposed referendum is not legally referable to voters becomes final; or
639          (ii) if a county, city, town, metro township, or court determines, under Section
640     20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:
641          (A) the day on which the local clerk determines, under Section 20A-7-607, that the
642     number of certified names is insufficient for the proposed referendum to appear on the ballot;
643     or
644          (B) if the local clerk determines, under Section 20A-7-607, that the number of certified
645     names is sufficient for the proposed referendum to appear on the ballot, the day on which the
646     governing body declares, as provided by law, the results of the referendum election on the local
647     obligation law.
648          (e) A tolling period described in Subsection (2)(b)(ii) ends after:
649          (i) there is a final settlement, a final adjudication, or another type of final resolution of

650     all challenges described in Subsection (2)(b)(ii); and
651          (ii) the individual or body that holds the executive powers of the local political
652     subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
653     are resolved and final.
654          (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
655     (2) and, when the tolling ends and after giving effect to the tolling, the period of time
656     remaining to issue the bonds is less than one year, the period of time remaining to issue the
657     bonds shall be extended to one year.
658          (g) The tolling provisions described in this Subsection (2) apply to all bonds described
659     in this section that were approved by voters on or after May 8, 2002.
660          (3) (a) Bonds approved by the voters may not be issued to an amount that will cause
661     the indebtedness of the local political subdivision to exceed that permitted by the Utah
662     Constitution or statutes.
663          (b) In computing the amount of indebtedness that may be incurred pursuant to
664     constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
665     as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,
666     of the taxable property in the local political subdivision, as computed from the last applicable
667     equalized assessment roll before the incurring of the additional indebtedness.
668          (c) In determining the fair market value of the taxable property in the local political
669     subdivision as provided in this section, the value of all tax equivalent property, as defined in
670     Section 59-3-102, shall be included as a part of the total fair market value of taxable property
671     in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
672     Act.
673          (4) Bonds of improvement districts issued in a manner that they are payable solely
674     from the revenues to be derived from the operation of the facilities of the district may not be
675     included as bonded indebtedness for the purposes of the computation.
676          (5) Where bonds are issued by a city, town, or county payable solely from revenues

677     derived from the operation of revenue-producing facilities of the city, town, or county, or
678     payable solely from a special fund into which are deposited excise taxes levied and collected by
679     the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
680     city, town, or county, or any combination of those excise taxes, the bonds shall be included as
681     bonded indebtedness of the city, town, or county only to the extent required by the Utah
682     Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
683     town, or county need not be authorized at an election, except as otherwise provided by the Utah
684     Constitution, the bonds being hereby expressly excluded from the election requirement of
685     Section 11-14-201.
686          (6) A bond election is not void when the amount of bonds authorized at the election
687     exceeded the limitation applicable to the local political subdivision at the time of holding the
688     election, but the bonds may be issued from time to time in an amount within the applicable
689     limitation at the time the bonds are issued.
690          (7) (a) A local political subdivision may not receive, from the issuance of bonds
691     approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
692     maximum principal amount stated in the bond proposition.
693          (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
694     held after January 1, 2019.
695          Section 4. Section 17-27a-103 is amended to read:
696          17-27a-103. Definitions.
697          As used in this chapter:
698          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
699     detached from a primary single-family dwelling and contained on one lot.
700          (2) "Adversely affected party" means a person other than a land use applicant who:
701          (a) owns real property adjoining the property that is the subject of a land use
702     application or land use decision; or
703          (b) will suffer a damage different in kind than, or an injury distinct from, that of the

704     general community as a result of the land use decision.
705          (3) "Affected entity" means a county, municipality, local district, special service
706     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
707     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
708     property owner, property owners association, public utility, or the Utah Department of
709     Transportation, if:
710          (a) the entity's services or facilities are likely to require expansion or significant
711     modification because of an intended use of land;
712          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
713     or
714          (c) the entity has filed with the county a request for notice during the same calendar
715     year and before the county provides notice to an affected entity in compliance with a
716     requirement imposed under this chapter.
717          (4) "Affected owner" means the owner of real property that is:
718          (a) a single project;
719          (b) the subject of a land use approval that sponsors of a referendum timely challenged
720     in accordance with Subsection 20A-7-601(5)[(a)]; and
721          (c) determined to be legally referable under Section 20A-7-602.8.
722          (5) "Appeal authority" means the person, board, commission, agency, or other body
723     designated by ordinance to decide an appeal of a decision of a land use application or a
724     variance.
725          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
726     residential property if the sign is designed or intended to direct attention to a business, product,
727     or service that is not sold, offered, or existing on the property where the sign is located.
728          (7) (a) "Charter school" means:
729          (i) an operating charter school;
730          (ii) a charter school applicant that has its application approved by a charter school

731     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
732          (iii) an entity that is working on behalf of a charter school or approved charter
733     applicant to develop or construct a charter school building.
734          (b) "Charter school" does not include a therapeutic school.
735          (8) "Chief executive officer" means the person or body that exercises the executive
736     powers of the county.
737          (9) "Conditional use" means a land use that, because of its unique characteristics or
738     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
739     compatible in some areas or may be compatible only if certain conditions are required that
740     mitigate or eliminate the detrimental impacts.
741          (10) "Constitutional taking" means a governmental action that results in a taking of
742     private property so that compensation to the owner of the property is required by the:
743          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
744          (b) Utah Constitution, Article I, Section 22.
745          (11) "County utility easement" means an easement that:
746          (a) a plat recorded in a county recorder's office described as a county utility easement
747     or otherwise as a utility easement;
748          (b) is not a protected utility easement or a public utility easement as defined in Section
749     54-3-27;
750          (c) the county or the county's affiliated governmental entity owns or creates; and
751          (d) (i) either:
752          (A) no person uses or occupies; or
753          (B) the county or the county's affiliated governmental entity uses and occupies to
754     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
755     communications or data lines; or
756          (ii) a person uses or occupies with or without an authorized franchise or other
757     agreement with the county.

758          (12) "Culinary water authority" means the department, agency, or public entity with
759     responsibility to review and approve the feasibility of the culinary water system and sources for
760     the subject property.
761          (13) "Development activity" means:
762          (a) any construction or expansion of a building, structure, or use that creates additional
763     demand and need for public facilities;
764          (b) any change in use of a building or structure that creates additional demand and need
765     for public facilities; or
766          (c) any change in the use of land that creates additional demand and need for public
767     facilities.
768          (14) (a) "Disability" means a physical or mental impairment that substantially limits
769     one or more of a person's major life activities, including a person having a record of such an
770     impairment or being regarded as having such an impairment.
771          (b) "Disability" does not include current illegal use of, or addiction to, any federally
772     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
773     Sec. 802.
774          (15) "Educational facility":
775          (a) means:
776          (i) a school district's building at which pupils assemble to receive instruction in a
777     program for any combination of grades from preschool through grade 12, including
778     kindergarten and a program for children with disabilities;
779          (ii) a structure or facility:
780          (A) located on the same property as a building described in Subsection (15)(a)(i); and
781          (B) used in support of the use of that building; and
782          (iii) a building to provide office and related space to a school district's administrative
783     personnel; and
784          (b) does not include:

785          (i) land or a structure, including land or a structure for inventory storage, equipment
786     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
787          (A) not located on the same property as a building described in Subsection (15)(a)(i);
788     and
789          (B) used in support of the purposes of a building described in Subsection (15)(a)(i); or
790          (ii) a therapeutic school.
791          (16) "Fire authority" means the department, agency, or public entity with responsibility
792     to review and approve the feasibility of fire protection and suppression services for the subject
793     property.
794          (17) "Flood plain" means land that:
795          (a) is within the 100-year flood plain designated by the Federal Emergency
796     Management Agency; or
797          (b) has not been studied or designated by the Federal Emergency Management Agency
798     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
799     the land has characteristics that are similar to those of a 100-year flood plain designated by the
800     Federal Emergency Management Agency.
801          (18) "Gas corporation" has the same meaning as defined in Section 54-2-1.
802          (19) "General plan" means a document that a county adopts that sets forth general
803     guidelines for proposed future development of:
804          (a) the unincorporated land within the county; or
805          (b) for a mountainous planning district, the land within the mountainous planning
806     district.
807          (20) "Geologic hazard" means:
808          (a) a surface fault rupture;
809          (b) shallow groundwater;
810          (c) liquefaction;
811          (d) a landslide;

812          (e) a debris flow;
813          (f) unstable soil;
814          (g) a rock fall; or
815          (h) any other geologic condition that presents a risk:
816          (i) to life;
817          (ii) of substantial loss of real property; or
818          (iii) of substantial damage to real property.
819          (21) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
820     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
821     system.
822          (22) "Identical plans" means building plans submitted to a county that:
823          (a) are clearly marked as "identical plans";
824          (b) are substantially identical building plans that were previously submitted to and
825     reviewed and approved by the county; and
826          (c) describe a building that:
827          (i) is located on land zoned the same as the land on which the building described in the
828     previously approved plans is located;
829          (ii) is subject to the same geological and meteorological conditions and the same law
830     as the building described in the previously approved plans;
831          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
832     and approved by the county; and
833          (iv) does not require any additional engineering or analysis.
834          (23) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
835     Impact Fees Act.
836          (24) "Improvement completion assurance" means a surety bond, letter of credit,
837     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
838     by a county to guaranty the proper completion of landscaping or an infrastructure improvement

839     required as a condition precedent to:
840          (a) recording a subdivision plat; or
841          (b) development of a commercial, industrial, mixed use, or multifamily project.
842          (25) "Improvement warranty" means an applicant's unconditional warranty that the
843     applicant's installed and accepted landscaping or infrastructure improvement:
844          (a) complies with the county's written standards for design, materials, and
845     workmanship; and
846          (b) will not fail in any material respect, as a result of poor workmanship or materials,
847     within the improvement warranty period.
848          (26) "Improvement warranty period" means a period:
849          (a) no later than one year after a county's acceptance of required landscaping; or
850          (b) no later than one year after a county's acceptance of required infrastructure, unless
851     the county:
852          (i) determines for good cause that a one-year period would be inadequate to protect the
853     public health, safety, and welfare; and
854          (ii) has substantial evidence, on record:
855          (A) of prior poor performance by the applicant; or
856          (B) that the area upon which the infrastructure will be constructed contains suspect soil
857     and the county has not otherwise required the applicant to mitigate the suspect soil.
858          (27) "Infrastructure improvement" means permanent infrastructure that is essential for
859     the public health and safety or that:
860          (a) is required for human consumption; and
861          (b) an applicant must install:
862          (i) in accordance with published installation and inspection specifications for public
863     improvements; and
864          (ii) as a condition of:
865          (A) recording a subdivision plat;

866          (B) obtaining a building permit; or
867          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
868     project.
869          (28) "Internal lot restriction" means a platted note, platted demarcation, or platted
870     designation that:
871          (a) runs with the land; and
872          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
873     the plat; or
874          (ii) designates a development condition that is enclosed within the perimeter of a lot
875     described on the plat.
876          (29) "Interstate pipeline company" means a person or entity engaged in natural gas
877     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
878     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
879          (30) "Intrastate pipeline company" means a person or entity engaged in natural gas
880     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
881     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
882          (31) "Land use applicant" means a property owner, or the property owner's designee,
883     who submits a land use application regarding the property owner's land.
884          (32) "Land use application":
885          (a) means an application that is:
886          (i) required by a county; and
887          (ii) submitted by a land use applicant to obtain a land use decision; and
888          (b) does not mean an application to enact, amend, or repeal a land use regulation.
889          (33) "Land use authority" means:
890          (a) a person, board, commission, agency, or body, including the local legislative body,
891     designated by the local legislative body to act upon a land use application; or
892          (b) if the local legislative body has not designated a person, board, commission,

893     agency, or body, the local legislative body.
894          (34) "Land use decision" means an administrative decision of a land use authority or
895     appeal authority regarding:
896          (a) a land use permit;
897          (b) a land use application; or
898          (c) the enforcement of a land use regulation, land use permit, or development
899     agreement.
900          (35) "Land use permit" means a permit issued by a land use authority.
901          (36) "Land use regulation":
902          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
903     specification, fee, or rule that governs the use or development of land;
904          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
905     and
906          (c) does not include:
907          (i) a land use decision of the legislative body acting as the land use authority, even if
908     the decision is expressed in a resolution or ordinance; or
909          (ii) a temporary revision to an engineering specification that does not materially:
910          (A) increase a land use applicant's cost of development compared to the existing
911     specification; or
912          (B) impact a land use applicant's use of land.
913          (37) "Legislative body" means the county legislative body, or for a county that has
914     adopted an alternative form of government, the body exercising legislative powers.
915          (38) "Local district" means any entity under Title 17B, Limited Purpose Local
916     Government Entities - Local Districts, and any other governmental or quasi-governmental
917     entity that is not a county, municipality, school district, or the state.
918          (39) "Lot" means a tract of land, regardless of any label, that is created by and shown
919     on a subdivision plat that has been recorded in the office of the county recorder.

920          (40) (a) "Lot line adjustment" means a relocation of a lot line boundary between
921     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
922     accordance with Section 17-27a-608, with the consent of the owners of record.
923          (b) "Lot line adjustment" does not mean a new boundary line that:
924          (i) creates an additional lot; or
925          (ii) constitutes a subdivision.
926          (41) "Major transit investment corridor" means public transit service that uses or
927     occupies:
928          (a) public transit rail right-of-way;
929          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
930     or
931          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
932     municipality or county and:
933          (i) a public transit district as defined in Section 17B-2a-802; or
934          (ii) an eligible political subdivision as defined in Section 59-12-2219.
935          (42) "Moderate income housing" means housing occupied or reserved for occupancy
936     by households with a gross household income equal to or less than 80% of the median gross
937     income for households of the same size in the county in which the housing is located.
938          (43) "Mountainous planning district" means an area:
939          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
940          (b) that is not otherwise exempt under Section 10-9a-304.
941          (44) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
942     and expenses incurred in:
943          (a) verifying that building plans are identical plans; and
944          (b) reviewing and approving those minor aspects of identical plans that differ from the
945     previously reviewed and approved building plans.
946          (45) "Noncomplying structure" means a structure that:

947          (a) legally existed before its current land use designation; and
948          (b) because of one or more subsequent land use ordinance changes, does not conform
949     to the setback, height restrictions, or other regulations, excluding those regulations that govern
950     the use of land.
951          (46) "Nonconforming use" means a use of land that:
952          (a) legally existed before its current land use designation;
953          (b) has been maintained continuously since the time the land use ordinance regulation
954     governing the land changed; and
955          (c) because of one or more subsequent land use ordinance changes, does not conform
956     to the regulations that now govern the use of the land.
957          (47) "Official map" means a map drawn by county authorities and recorded in the
958     county recorder's office that:
959          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
960     highways and other transportation facilities;
961          (b) provides a basis for restricting development in designated rights-of-way or between
962     designated setbacks to allow the government authorities time to purchase or otherwise reserve
963     the land; and
964          (c) has been adopted as an element of the county's general plan.
965          (48) "Parcel" means any real property that is not a lot created by and shown on a
966     subdivision plat recorded in the office of the county recorder.
967          (49) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
968     adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
969     agreement in accordance with Section 57-1-45, if no additional parcel is created and:
970          (i) none of the property identified in the agreement is subdivided land; or
971          (ii) the adjustment is to the boundaries of a single person's parcels.
972          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
973     line that:

974          (i) creates an additional parcel; or
975          (ii) constitutes a subdivision.
976          (50) "Person" means an individual, corporation, partnership, organization, association,
977     trust, governmental agency, or any other legal entity.
978          (51) "Plan for moderate income housing" means a written document adopted by a
979     county legislative body that includes:
980          (a) an estimate of the existing supply of moderate income housing located within the
981     county;
982          (b) an estimate of the need for moderate income housing in the county for the next five
983     years;
984          (c) a survey of total residential land use;
985          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
986     income housing; and
987          (e) a description of the county's program to encourage an adequate supply of moderate
988     income housing.
989          (52) "Planning advisory area" means a contiguous, geographically defined portion of
990     the unincorporated area of a county established under this part with planning and zoning
991     functions as exercised through the planning advisory area planning commission, as provided in
992     this chapter, but with no legal or political identity separate from the county and no taxing
993     authority.
994          (53) "Plat" means a map or other graphical representation of lands that a licensed
995     professional land surveyor makes and prepares in accordance with Section 17-27a-603 or
996     57-8-13.
997          (54) "Potential geologic hazard area" means an area that:
998          (a) is designated by a Utah Geological Survey map, county geologist map, or other
999     relevant map or report as needing further study to determine the area's potential for geologic
1000     hazard; or

1001          (b) has not been studied by the Utah Geological Survey or a county geologist but
1002     presents the potential of geologic hazard because the area has characteristics similar to those of
1003     a designated geologic hazard area.
1004          (55) "Public agency" means:
1005          (a) the federal government;
1006          (b) the state;
1007          (c) a county, municipality, school district, local district, special service district, or other
1008     political subdivision of the state; or
1009          (d) a charter school.
1010          (56) "Public hearing" means a hearing at which members of the public are provided a
1011     reasonable opportunity to comment on the subject of the hearing.
1012          (57) "Public meeting" means a meeting that is required to be open to the public under
1013     Title 52, Chapter 4, Open and Public Meetings Act.
1014          (58) "Public street" means a public right-of-way, including a public highway, public
1015     avenue, public boulevard, public parkway, public road, public lane, public alley, public
1016     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1017     easement, or other public way.
1018          (59) "Receiving zone" means an unincorporated area of a county that the county
1019     designates, by ordinance, as an area in which an owner of land may receive a transferable
1020     development right.
1021          (60) "Record of survey map" means a map of a survey of land prepared in accordance
1022     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1023          (61) "Residential facility for persons with a disability" means a residence:
1024          (a) in which more than one person with a disability resides; and
1025          (b) (i) which is licensed or certified by the Department of Human Services under Title
1026     62A, Chapter 2, Licensure of Programs and Facilities; or
1027          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter

1028     21, Health Care Facility Licensing and Inspection Act.
1029          (62) "Rules of order and procedure" means a set of rules that govern and prescribe in a
1030     public meeting:
1031          (a) parliamentary order and procedure;
1032          (b) ethical behavior; and
1033          (c) civil discourse.
1034          (63) "Sanitary sewer authority" means the department, agency, or public entity with
1035     responsibility to review and approve the feasibility of sanitary sewer services or onsite
1036     wastewater systems.
1037          (64) "Sending zone" means an unincorporated area of a county that the county
1038     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1039     development right.
1040          (65) "Site plan" means a document or map that may be required by a county during a
1041     preliminary review preceding the issuance of a building permit to demonstrate that an owner's
1042     or developer's proposed development activity meets a land use requirement.
1043          (66) "Specified public agency" means:
1044          (a) the state;
1045          (b) a school district; or
1046          (c) a charter school.
1047          (67) "Specified public utility" means an electrical corporation, gas corporation, or
1048     telephone corporation, as those terms are defined in Section 54-2-1.
1049          (68) "State" includes any department, division, or agency of the state.
1050          (69) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
1051     plat.
1052          (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
1053     divided into two or more lots or other division of land for the purpose, whether immediate or
1054     future, for offer, sale, lease, or development either on the installment plan or upon any and all

1055     other plans, terms, and conditions.
1056          (b) "Subdivision" includes:
1057          (i) the division or development of land whether by deed, metes and bounds description,
1058     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
1059     includes all or a portion of a parcel or lot; and
1060          (ii) except as provided in Subsection (70)(c), divisions of land for residential and
1061     nonresidential uses, including land used or to be used for commercial, agricultural, and
1062     industrial purposes.
1063          (c) "Subdivision" does not include:
1064          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1065          (ii) an agreement recorded with the county recorder's office between owners of
1066     adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
1067     with Section 57-1-45 if:
1068          (A) no new lot is created; and
1069          (B) the adjustment does not violate applicable land use ordinances;
1070          (iii) a recorded document, executed by the owner of record:
1071          (A) revising the legal description of more than one contiguous parcel of property that is
1072     not subdivided land into one legal description encompassing all such parcels of property; or
1073          (B) joining a subdivided parcel of property to another parcel of property that has not
1074     been subdivided, if the joinder does not violate applicable land use ordinances;
1075          (iv) a bona fide division or partition of land in a county other than a first class county
1076     for the purpose of siting, on one or more of the resulting separate parcels:
1077          (A) an electrical transmission line or a substation;
1078          (B) a natural gas pipeline or a regulation station; or
1079          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1080     utility service regeneration, transformation, retransmission, or amplification facility;
1081          (v) an agreement between owners of adjoining subdivided properties adjusting the

1082     mutual lot line boundary in accordance with Section 10-9a-603 if:
1083          (A) no new dwelling lot or housing unit will result from the adjustment; and
1084          (B) the adjustment will not violate any applicable land use ordinance;
1085          (vi) a bona fide division or partition of land by deed or other instrument where the land
1086     use authority expressly approves in writing the division in anticipation of further land use
1087     approvals on the parcel or parcels;
1088          (vii) a parcel boundary adjustment;
1089          (viii) a lot line adjustment;
1090          (ix) a road, street, or highway dedication plat; or
1091          (x) a deed or easement for a road, street, or highway purpose.
1092          (d) The joining of a subdivided parcel of property to another parcel of property that has
1093     not been subdivided does not constitute a subdivision under this Subsection (70) as to the
1094     unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
1095     ordinance.
1096          (71) "Subdivision amendment" means an amendment to a recorded subdivision in
1097     accordance with Section 17-27a-608 that:
1098          (a) vacates all or a portion of the subdivision;
1099          (b) alters the outside boundary of the subdivision;
1100          (c) changes the number of lots within the subdivision;
1101          (d) alters a public right-of-way, a public easement, or public infrastructure within the
1102     subdivision; or
1103          (e) alters a common area or other common amenity within the subdivision.
1104          (72) "Suspect soil" means soil that has:
1105          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1106     3% swell potential;
1107          (b) bedrock units with high shrink or swell susceptibility; or
1108          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum

1109     commonly associated with dissolution and collapse features.
1110          (73) "Therapeutic school" means a residential group living facility:
1111          (a) for four or more individuals who are not related to:
1112          (i) the owner of the facility; or
1113          (ii) the primary service provider of the facility;
1114          (b) that serves students who have a history of failing to function:
1115          (i) at home;
1116          (ii) in a public school; or
1117          (iii) in a nonresidential private school; and
1118          (c) that offers:
1119          (i) room and board; and
1120          (ii) an academic education integrated with:
1121          (A) specialized structure and supervision; or
1122          (B) services or treatment related to a disability, an emotional development, a
1123     behavioral development, a familial development, or a social development.
1124          (74) "Transferable development right" means a right to develop and use land that
1125     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1126     land use rights from a designated sending zone to a designated receiving zone.
1127          (75) "Unincorporated" means the area outside of the incorporated area of a
1128     municipality.
1129          (76) "Water interest" means any right to the beneficial use of water, including:
1130          (a) each of the rights listed in Section 73-1-11; and
1131          (b) an ownership interest in the right to the beneficial use of water represented by:
1132          (i) a contract; or
1133          (ii) a share in a water company, as defined in Section 73-3-3.5.
1134          (77) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
1135     land use zones, overlays, or districts.

1136          Section 5. Section 17-27a-508 is amended to read:
1137          17-27a-508. Applicant's entitlement to land use application approval --
1138     Application relating to land in a high priority transportation corridor -- County's
1139     requirements and limitations -- Vesting upon submission of development plan and
1140     schedule.
1141          (1) (a) (i) An applicant who has submitted a complete land use application, including
1142     the payment of all application fees, is entitled to substantive review of the application under the
1143     land use regulations:
1144          (A) in effect on the date that the application is complete; and
1145          (B) applicable to the application or to the information shown on the submitted
1146     application.
1147          (ii) An applicant is entitled to approval of a land use application if the application
1148     conforms to the requirements of the applicable land use regulations, land use decisions, and
1149     development standards in effect when the applicant submits a complete application and pays all
1150     application fees, unless:
1151          (A) the land use authority, on the record, formally finds that a compelling,
1152     countervailing public interest would be jeopardized by approving the application and specifies
1153     the compelling, countervailing public interest in writing; or
1154          (B) in the manner provided by local ordinance and before the applicant submits the
1155     application, the county formally initiates proceedings to amend the county's land use
1156     regulations in a manner that would prohibit approval of the application as submitted.
1157          (b) The county shall process an application without regard to proceedings the county
1158     initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
1159          (i) 180 days have passed since the county initiated the proceedings; and
1160          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
1161     application as submitted.
1162          (c) A land use application is considered submitted and complete when the applicant

1163     provides the application in a form that complies with the requirements of applicable ordinances
1164     and pays all applicable fees.
1165          (d) The continuing validity of an approval of a land use application is conditioned upon
1166     the applicant proceeding after approval to implement the approval with reasonable diligence.
1167          (e) A county may not impose on an applicant who has submitted a complete
1168     application a requirement that is not expressed:
1169          (i) in this chapter;
1170          (ii) in a county ordinance; or
1171          (iii) in a county specification for public improvements applicable to a subdivision or
1172     development that is in effect on the date that the applicant submits an application.
1173          (f) A county may not impose on a holder of an issued land use permit or a final,
1174     unexpired subdivision plat a requirement that is not expressed:
1175          (i) in a land use permit;
1176          (ii) on the subdivision plat;
1177          (iii) in a document on which the land use permit or subdivision plat is based;
1178          (iv) in the written record evidencing approval of the land use permit or subdivision
1179     plat;
1180          (v) in this chapter; or
1181          (vi) in a county ordinance.
1182          (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
1183     certificate of occupancy or acceptance of subdivision improvements because of an applicant's
1184     failure to comply with a requirement that is not expressed:
1185          (i) in the building permit or subdivision plat, documents on which the building permit
1186     or subdivision plat is based, or the written record evidencing approval of the building permit or
1187     subdivision plat; or
1188          (ii) in this chapter or the county's ordinances.
1189          (h) A county may not unreasonably withhold issuance of a certificate of occupancy

1190     where an applicant has met all requirements essential for the public health, public safety, and
1191     general welfare of the occupants, in accordance with this chapter, unless:
1192          (i) the applicant and the county have agreed in a written document to the withholding
1193     of a certificate of occupancy; or
1194          (ii) the applicant has not provided a financial assurance for required and uncompleted
1195     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
1196     legislative body adopts under this chapter.
1197          (2) A county is bound by the terms and standards of applicable land use regulations and
1198     shall comply with mandatory provisions of those regulations.
1199          (3) A county may not, as a condition of land use application approval, require a person
1200     filing a land use application to obtain documentation regarding a school district's willingness,
1201     capacity, or ability to serve the development proposed in the land use application.
1202          (4) Upon a specified public agency's submission of a development plan and schedule as
1203     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
1204     the specified public agency vests in the county's applicable land use maps, zoning map, hookup
1205     fees, impact fees, other applicable development fees, and land use regulations in effect on the
1206     date of submission.
1207          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
1208     Subsection 20A-7-601(5)[(a)], the project's affected owner may rescind the project's land use
1209     approval by delivering a written notice:
1210          (i) to the local clerk as defined in Section 20A-7-101; and
1211          (ii) no later than seven days after the day on which a petition for a referendum is
1212     determined sufficient under [Section] Subsection 20A-7-607[(5)](4).
1213          (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
1214     rescinded and are of no further force or effect:
1215          (i) the relevant land use approval; and
1216          (ii) any land use regulation enacted specifically in relation to the land use approval.

1217          Section 6. Section 20A-1-609 is amended to read:
1218          20A-1-609. Omnibus penalties.
1219          (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
1220     this title is guilty of a class B misdemeanor.
1221          (b) Subsection (1)(a) does not apply to a provision of this title for which another
1222     penalty is expressly stated.
1223          (c) An individual is not guilty of a crime for, by signing a petition for an initiative or
1224     referendum, falsely making the statement described in Subsection 20A-7-203(2)[(e)](h)(ii),
1225     20A-7-303(2)(h)(ii), 20A-7-503(2)[(e)](h)(ii), or 20A-7-603(2)(h).
1226          (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual
1227     convicted of any offense under this title may not:
1228          (a) file a declaration of candidacy for any office or appear on the ballot as a candidate
1229     for any office during the election cycle in which the violation occurred;
1230          (b) take or hold the office to which the individual was elected; and
1231          (c) receive the emoluments of the office to which the individual was elected.
1232          (3) (a) Any individual convicted of any offense under this title forfeits the right to vote
1233     at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or
1234     20A-2-101.5.
1235          (b) Any person may challenge the right to vote of a person described in Subsection
1236     (3)(a) by following the procedures and requirements of Section 20A-3a-803.
1237          Section 7. Section 20A-7-202 is amended to read:
1238          20A-7-202. Statewide initiative process -- Application procedures -- Time to
1239     gather signatures -- Grounds for rejection.
1240          (1) [Persons] Individuals wishing to circulate an initiative petition shall file an
1241     application with the lieutenant governor.
1242          (2) The application shall contain:
1243          (a) the name and residence address of at least five sponsors of the initiative petition;

1244          (b) a statement indicating that each of the sponsors[: (i) is a resident of Utah; and] is
1245     registered to vote in Utah;
1246          [(ii) has voted in a regular general election in Utah within the last three years;]
1247          (c) the signature of each of the sponsors, attested to by a notary public;
1248          (d) a copy of the proposed law that includes, in the following order:
1249          (i) the title of the proposed law, that clearly expresses the subject of the law;
1250          (ii) a description of all proposed sources of funding for the costs associated with the
1251     proposed law, including the proposed percentage of total funding from each source; and
1252          (iii) the text of the proposed law;
1253          (e) if the initiative petition proposes a tax increase, the following statement, "This
1254     initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
1255     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1256     increase in the current tax rate."; and
1257          (f) a statement indicating whether persons gathering signatures for the petition may be
1258     paid for [doing so] gathering signatures.
1259          (3) (a) An individual's status as a resident, under Subsection (2), is determined in
1260     accordance with Section 20A-2-105.
1261          (b) The application and the application's contents are public when filed with the
1262     lieutenant governor.
1263          (4) If the petition fails to qualify for the ballot of the election described in Subsection
1264     20A-7-201(2)(b), the sponsors shall:
1265          (a) submit a new application;
1266          (b) obtain new signature sheets; and
1267          (c) collect signatures again.
1268          (5) The lieutenant governor shall reject the application or application addendum filed
1269     under Subsection 20A-7-204.1(5) and not issue circulation sheets if:
1270          (a) the law proposed by the initiative is patently unconstitutional;

1271          (b) the law proposed by the initiative is nonsensical;
1272          (c) the proposed law could not become law if passed;
1273          (d) the proposed law contains more than one subject as evaluated in accordance with
1274     Subsection (6);
1275          (e) the subject of the proposed law is not clearly expressed in the law's title; or
1276          (f) the law proposed by the initiative is identical or substantially similar to a law
1277     proposed by an initiative for which signatures were submitted to the county clerks and
1278     lieutenant governor for certification within two years preceding the date on which the
1279     application for the new initiative is filed.
1280          (6) To evaluate whether the proposed law contains more than one subject under
1281     Subsection (5)(d), the lieutenant governor shall apply the same standard provided in Utah
1282     Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
1283     than one subject.
1284          Section 8. Section 20A-7-203 is amended to read:
1285          20A-7-203. Form of initiative petition and signature sheets.
1286          (1) (a) Each proposed initiative petition shall be printed in substantially the following
1287     form:
1288          "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
1289          We, the undersigned citizens of Utah, respectfully demand that the following proposed
1290     law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
1291     regular general election/session to be held/ beginning on _________(month\day\year);
1292          Each signer says:
1293          I have personally signed this petition;
1294          The date next to my signature correctly reflects the date that I actually signed the
1295     petition;
1296          I have personally reviewed the entire statement included with this packet;
1297          I am registered to vote in Utah or intend to become registered to vote in Utah before the

1298     certification of the petition names by the county clerk; and
1299          My residence and post office address are written correctly after my name.
1300          NOTICE TO SIGNERS:
1301          Public hearings to discuss this petition were held at: (list dates and locations of public
1302     hearings.)".
1303          (b) If the initiative petition proposes a tax increase, the following statement shall
1304     appear, in at least 14-point, bold type, immediately following the information described in
1305     Subsection (1)(a):
1306          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
1307     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
1308     percent increase in the current tax rate.".
1309          (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
1310     proposed law to each initiative petition.
1311          (2) Each signature sheet shall:
1312          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1313          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1314     that line blank for the purpose of binding;
1315          (c) contain the title of the initiative printed below the horizontal line, in at least
1316     14-point, bold type;
1317          (d) contain the word "Warning" printed or typed at the top of each signature sheet
1318     under the title of the initiative;
1319          (e) contain, to the right of the word "Warning," the following statement printed or
1320     typed in not less than eight-point type:
1321          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
1322     other than the individual's own name, or to knowingly sign the individual's name more than
1323     once for the same measure, or to sign an initiative petition when the individual knows that the
1324     individual is not a registered voter and knows that the individual does not intend to become

1325     registered to vote before the certification of the petition names by the county clerk.";
1326          (f) contain horizontally ruled lines, three-eighths inch apart, under the warning
1327     statement described in Subsection (2)(e); and
1328          [(d)] (g) be vertically divided into columns as follows:
1329          (i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
1330     be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
1331          (ii) the second column shall be .25 inch wide;
1332          (iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
1333     Name (must be legible to be counted)";
1334          (iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
1335     Voter";
1336          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
1337          (vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
1338     Code"; and
1339          (vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
1340          [(e)] (h) be horizontally divided into rows as follows:
1341          (i) the top of the first row, for the purpose of entering the information described in
1342     Subsection (2)[(d)](g), shall be .5 inch high;
1343          (ii) the second row shall be .15 inch high and contain the following statement printed
1344     or typed in not less than 12-point type:
1345          "By signing this petition, you are stating that you have read and understand the law
1346     proposed by this petition."; and
1347          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
1348     bottom of the sheet for the information described in Subsection (2)[(f)](i); and
1349          [(f)] (i) at the bottom of the sheet, contain in the following order:
1350          [(i) the title of the initiative, in at least 14-point, bold type;]
1351          [(ii)] (i) except as provided in Subsection (4), the initial fiscal impact estimate's

1352     summary statement issued by the Office of the Legislative Fiscal Analyst in accordance with
1353     Subsection 20A-7-202.5(2)(a), including any update in accordance with Subsection
1354     20A-7-204.1(5), in not less than 12-point, bold type;
1355          [(iii) the word "Warning," followed by the following statement in not less than
1356     eight-point type:]
1357          ["It is a class A misdemeanor for an individual to sign an initiative petition with a name
1358     other than the individual's own name, or to knowingly sign the individual's name more than
1359     once for the same measure, or to sign an initiative petition when the individual knows that the
1360     individual is not a registered voter and knows that the individual does not intend to become
1361     registered to vote before the certification of the petition names by the county clerk.";]
1362          [(iv)] (ii) the following statement: "Birth date or age information is not required, but it
1363     may be used to verify your identity with voter registration records. If you choose not to provide
1364     it, your signature may not be verified as a valid signature if you change your address before
1365     petition signatures are verified or if the information you provide does not match your voter
1366     registration records."; and
1367          [(v)] (iii) if the initiative petition proposes a tax increase, spanning the bottom of the
1368     sheet, horizontally, in not less than 14-point, bold type, the following statement:
1369          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
1370     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
1371     percent increase in the current tax rate.".
1372          (3) The final page of each initiative packet shall contain the following printed or typed
1373     statement:
1374          "Verification
1375          State of Utah, County of ____
1376          I, _______________, of ____, hereby state, under penalty of perjury, that:
1377          I am a resident of Utah and am at least 18 years old;
1378          All the names that appear in this packet were signed by individuals who professed to be

1379     the individuals whose names appear in it, and each of the individuals signed the individual's
1380     name on it in my presence;
1381          I did not knowingly make a misrepresentation of fact concerning the law proposed by
1382     the initiative;
1383          I believe that each individual has printed and signed the individual's name and written
1384     the individual's post office address and residence correctly, that each signer has read and
1385     understands the law proposed by the initiative, and that each signer is registered to vote in Utah
1386     or intends to become registered to vote before the certification of the petition names by the
1387     county clerk.
1388          Each individual who signed the packet wrote the correct date of signature next to the
1389     individual's name.
1390          I have not paid or given anything of value to any individual who signed this petition to
1391     encourage that individual to sign it.
1392     ________________________________________________________________________
1393          (Name) (Residence Address) (Date)".
1394          (4) If the initial fiscal impact estimate described in Subsection (2)[(f)](i), as updated in
1395     accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the Legislative
1396     Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on a
1397     signature sheet, that does not exceed 200 words.
1398          (5) If the forms described in this section are substantially followed, the initiative
1399     petitions are sufficient, notwithstanding clerical and merely technical errors.
1400          (6) An individual's status as a resident, under Subsection (3), is determined in
1401     accordance with Section 20A-2-105.
1402          Section 9. Section 20A-7-204 is amended to read:
1403          20A-7-204. Circulation requirements -- Lieutenant governor to provide sponsors
1404     with materials.
1405          (1) In order to obtain the necessary number of signatures required by this part, the

1406     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
1407     in Subsection (2), circulate initiative packets that meet the form requirements of this part.
1408          (2) The lieutenant governor shall furnish to the sponsors:
1409          (a) a copy of the initiative petition, with any change submitted under Subsection
1410     20A-7-204.1(5); and
1411          (b) [one] a signature sheet.
1412          (3) The sponsors of the petition shall:
1413          (a) arrange and pay for the printing of all additional copies of the petition and signature
1414     sheets; and
1415          (b) ensure that the copies of the petition and signature sheets meet the form
1416     requirements of this section.
1417          (4) (a) The sponsors or an agent of the sponsors may prepare the initiative for
1418     circulation by creating multiple initiative packets.
1419          (b) The sponsors or an agent of the sponsors shall create [those] the initiative packets
1420     by binding a copy of the initiative petition, a copy of the proposed law, and no more than 50
1421     signature sheets together at the top in [such a way] a manner that the packets may be
1422     conveniently opened for signing.
1423          (c) [The sponsors need not attach] An initiative packet is not required to have a
1424     uniform number of signature sheets [to each initiative packet].
1425          [(5) (a) After the sponsors have prepared sufficient initiative packets, they shall return
1426     them to the lieutenant governor.]
1427          (5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
1428          (i) contact the lieutenant governor's office to receive a range of numbers that the
1429     sponsors may use to number signature packets; and
1430          (ii) number each signature packet, sequentially, within the range of numbers provided
1431     by the lieutenant governor's office, starting with the lowest number in the range.
1432          (b) The sponsors or an agent of the sponsors may not:

1433          (i) number a signature packet in a manner not directed by the lieutenant governor's
1434     office; or
1435          (ii) circulate or submit a signature packet that is not numbered in the manner directed
1436     by the lieutenant governor's office.
1437          [(b)] (c) The lieutenant governor shall[:] keep a record of the number range provided
1438     under Subsection (5)(a).
1439          [(i) number each of the initiative packets and return them to the sponsors within five
1440     working days; and]
1441          [(ii) keep a record of the numbers assigned to each packet.]
1442          Section 10. Section 20A-7-205 is amended to read:
1443          20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
1444          (1) A Utah voter may sign an initiative petition if the voter is a legal voter.
1445          (2) (a) The sponsors shall ensure that the individual in whose presence each signature
1446     sheet was signed:
1447          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1448          (ii) verifies each signature sheet by completing the verification printed on the last page
1449     of each initiative packet; and
1450          (iii) is informed that each signer is required to read and understand the law proposed by
1451     the initiative.
1452          (b) [A person] An individual may not sign the verification printed on the last page of
1453     the initiative packet if the person signed a signature sheet in the initiative packet.
1454          (3) (a) A voter who has signed an initiative petition may have the voter's signature
1455     removed from the petition by submitting to the county clerk a statement requesting that the
1456     voter's signature be removed before 5 p.m. no later than the earlier of:
1457          (i) for an initiative packet received by the county clerk before December 1:
1458          (A) 30 days after the day on which the voter signs the signature removal statement; or
1459          (B) 90 days after the day on which the [county clerk] lieutenant governor posts the

1460     voter's name under Subsection [20A-7-206(2)(c)] 20A-7-207(2)(a); or
1461          (ii) for an initiative packet received by the county clerk on or after December 1:
1462          (A) 30 days after the day on which the voter signs the signature removal statement; or
1463          (B) 45 days after the day on which the [county clerk] lieutenant governor posts the
1464     voter's name under Subsection [20A-7-206(3)(c);] 20A-7-207(2)(a).
1465          (b) (i) The statement shall include:
1466          (A) the name of the voter;
1467          (B) the resident address at which the voter is registered to vote;
1468          (C) the signature of the voter; and
1469          (D) the date of the signature described in Subsection (3)(b)(i)(C).
1470          (ii) To increase the likelihood of the voter's signature being identified and removed, the
1471     statement may include the voter's birth date or age.
1472          (c) A voter may not submit a statement by email or other electronic means.
1473          (d) In order for the signature to be removed, the county clerk must receive the
1474     statement before 5 p.m. no later than the applicable deadline described in Subsection (3)(a).
1475          [(d)] (e) A person may only remove a signature from an initiative petition in
1476     accordance with this Subsection (3).
1477          [(e)] (f) A county clerk shall analyze a signature, for purposes of removing a signature
1478     from an initiative petition, in accordance with Section 20A-7-206.3.
1479          Section 11. Section 20A-7-206 is amended to read:
1480          20A-7-206. Submitting the initiative petition -- Certification of signatures by the
1481     county clerks -- Transfer to lieutenant governor.
1482          (1) (a) [In order to qualify an initiative petition for placement on the regular general
1483     election ballot, the] The sponsors or an agent of the sponsors shall [deliver] submit a signed
1484     and verified initiative packet to the county clerk of the county in which the packet was
1485     circulated before 5 p.m. no later than the earlier of:
1486          (i) 30 days after the day on which the first individual signs the initiative packet;

1487          (ii) 316 days after the day on which the application for the initiative petition is filed; or
1488          (iii) the February 15 immediately before the next regular general election immediately
1489     after the application is filed under Section 20A-7-202.
1490          (b) A [sponsor] person may not submit an initiative packet after the deadline described
1491     in Subsection (1)(a).
1492          (2) [For an initiative packet received by the county clerk before December 1, the] The
1493     county clerk shall, within [30] 21 days after the day on which the county clerk receives the
1494     packet:
1495          (a) determine whether each signer is a registered voter according to the requirements of
1496     Section 20A-7-206.3;
1497          (b) certify on the petition whether each name is that of a registered voter;
1498          (c) except as provided in Subsection (3), post the name and voter identification number
1499     of each registered voter certified under Subsection (2)(b) [in a conspicuous location on the
1500     county's website for at least 90 days] on the lieutenant governor's website, in a conspicuous
1501     location designated by the lieutenant governor; and
1502          (d) deliver the verified initiative packet to the lieutenant governor.
1503          [(3) For an initiative packet received by the county clerk on or after December 1, the
1504     county clerk shall, within 21 days after the day on which the county clerk receives the packet:]
1505          [(a) determine whether each signer is a registered voter according to the requirements
1506     of Section 20A-7-206.3;]
1507          [(b) certify on the petition whether each name is that of a registered voter;]
1508          [(c) post the name and voter identification number of each registered voter certified
1509     under Subsection (2)(b) in a conspicuous location on the county's website for at least 45 days;
1510     and]
1511          [(d) deliver the verified initiative packet to the lieutenant governor.]
1512          [(4) Within seven days after timely receipt of a statement described in Subsection
1513     20A-7-205(3), the county clerk shall:]

1514          [(a) remove the voter's name and voter identification number from the posting
1515     described in Subsection (2)(c) or (3)(c); and]
1516          [(b) (i) remove the voter's signature from the signature packet totals; and]
1517          [(ii) inform the lieutenant governor of the removal.]
1518          (3) (a) If the county clerk timely receives a statement requesting signature removal
1519     under Subsection 20A-7-205(3), the county clerk shall:
1520          (i) ensure that the voter's name and voter identification number are not included in the
1521     posting described in Subsection (2)(c); and
1522          (ii) remove the voter's signature from the signature packets and signature packet totals.
1523          (b) The county clerk shall comply with Subsection (3)(a) before the later of:
1524          (i) the deadline described in Subsection (2); or
1525          (ii) two business days after the day on which the county clerk receives a statement
1526     requesting signature removal under Subsection 20A-7-205(3).
1527          [(5)] (4) The county clerk may not certify a signature under Subsection (2) [or (3)]:
1528          (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or
1529          (b) that does not have a date of signature next to the signature.
1530          [(6) In order to qualify an initiative petition for submission to the Legislature, the
1531     sponsors shall deliver each signed and verified initiative packet to the county clerk of the
1532     county in which the packet was circulated before 5 p.m. no later than the November 15 before
1533     the next annual general session of the Legislature immediately after the application is filed
1534     under Section 20A-7-202.]
1535          [(7) The county clerk may not certify a signature under Subsection (8) on an initiative
1536     packet that is not verified in accordance with Section 20A-7-205.]
1537          [(8) No later than December 15 before the annual general session of the Legislature,
1538     the county clerk shall, for an initiative described in Subsection (6):]
1539          [(a) determine whether each signer is a registered voter according to the requirements
1540     of Section 20A-7-206.3;]

1541          [(b) certify on the petition whether each name is that of a registered voter; and]
1542          [(c) deliver all of the verified initiative packets to the lieutenant governor.]
1543          [(9) The sponsor or a sponsor's representative may not retrieve an initiative packet
1544     from a county clerk after the initiative packet is submitted to the county clerk.]
1545          (5) A person may not retrieve an initiative packet from a county clerk, or make any
1546     alterations or corrections to an initiative packet, after the initiative packet is submitted to the
1547     county clerk.
1548          Section 12. Section 20A-7-206.1 is enacted to read:
1549          20A-7-206.1. Provisions relating only to process for submitting an initiative to the
1550     Legislature for approval or rejection.
1551          (1) This section relates only to the process, described in Subsection 20A-7-201(1), for
1552     submitting an initiative to the Legislature for approval or rejection.
1553          (2) Notwithstanding Section 20A-7-205, in order to qualify an initiative petition for
1554     submission to the Legislature, the sponsors, or an agent of the sponsors, shall deliver each
1555     signed and verified initiative packet to the county clerk of the county in which the packet was
1556     circulated before 5 p.m. no later than November 15 before the next annual general session of
1557     the Legislature immediately after the application is filed under Section 20A-7-202.
1558          (3) Notwithstanding Section 20A-7-205, no later than December 15 before the annual
1559     general session of the Legislature, the county clerk shall, for an initiative for submission to the
1560     Legislature:
1561          (a) determine whether each signer is a registered voter according to the requirements of
1562     Section 20A-7-206.3;
1563          (b) certify on the petition whether each name is that of a registered voter; and
1564          (c) deliver the verified packets to the lieutenant governor.
1565          (4) The county clerk may not certify a signature under Subsection (3) on an initiative
1566     packet that is not verified in accordance with Section 20A-7-205.
1567          (5) A person may not retrieve an initiative packet from a county clerk, or make any

1568     alterations or corrections to an initiative packet, after the initiative packet is submitted to the
1569     county clerk.
1570          Section 13. Section 20A-7-207 is amended to read:
1571          20A-7-207. Evaluation by the lieutenant governor.
1572          (1) When the lieutenant governor receives an initiative packet [is received] from a
1573     county clerk, the lieutenant governor shall [check off from the] record the number of the
1574     initiative packet received.
1575          [(2) (a) The lieutenant governor shall, within 14 days after the day on which the
1576     lieutenant governor receives an initiative packet from a county clerk:]
1577          (2) (a) The county clerk shall:
1578          (i) post the names and voter identification numbers described in Subsection
1579     20A-7-206(2)(c) on the lieutenant governor's website, in a conspicuous location designated by
1580     the lieutenant governor:
1581          (A) for an initiative packet received by the county clerk before December 1, for at least
1582     90 days; or
1583          (B) for an initiative packet received by the county clerk on or after December 1, for at
1584     least 45 days; and
1585          [(i) count the number of the names certified by the county clerks on each verified
1586     signature sheet; and]
1587          (ii) update on the lieutenant governor's website the number of signatures certified as of
1588     the date of the update.
1589          (b) The lieutenant governor:
1590          (i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
1591     or insufficient on [or before] April 30 before the regular general election described in
1592     Subsection 20A-7-201(2)(b)[.]; or
1593          (ii) may declare the petition to be insufficient before the day described in Subsection
1594     (2)(b)(i) if:

1595          (A) the total of all valid signatures on timely and lawfully submitted signature packets
1596     that have been certified by the county clerks, plus the number of signatures on timely and
1597     lawfully submitted signature packets that have not yet been evaluated for certification, is less
1598     than the number of names required under Section 20A-7-201; or
1599          (B) a requirement of this part has not been met.
1600          (c) If the total number of names certified under this Subsection (2) equals or exceeds
1601     the number of names required under Section 20A-7-201, and the requirements of this part are
1602     met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
1603          (d) If the total number of names certified under this Subsection (2) does not equal or
1604     exceed the number of names required under Section 20A-7-201 or a requirement of this part is
1605     not met, the lieutenant governor shall mark upon the front of the petition the word
1606     "insufficient."
1607          (e) The lieutenant governor shall immediately notify any one of the sponsors of the
1608     lieutenant governor's finding.
1609          (3) After a petition is declared insufficient, [the sponsors] a person may not submit
1610     additional signatures to qualify the petition for the ballot.
1611          (4) (a) If the lieutenant governor refuses to accept and file an initiative petition that a
1612     [sponsor] voter believes is legally sufficient, [any] the voter may, [not] no later than May 15,
1613     apply to the appropriate court for an extraordinary writ to compel the lieutenant governor to
1614     accept and file the initiative petition.
1615          (b) If the court [certifies] determines that the initiative petition is legally sufficient, the
1616     lieutenant governor shall file the [initiative] petition, with a verified copy of the judgment
1617     attached to the [initiative] petition, as of the date on which the [initiative] petition was
1618     originally offered for filing in the lieutenant governor's office.
1619          (c) If the court determines that a petition filed is not legally sufficient, the court may
1620     enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
1621     and numbers of that measure on the official ballot.

1622          (5) A petition determined to be sufficient in accordance with this section is qualified
1623     for the ballot.
1624          Section 14. Section 20A-7-209 is amended to read:
1625          20A-7-209. Ballot title -- Duties of lieutenant governor and Office of Legislative
1626     Research and General Counsel.
1627          (1) On or before June 5 before the regular general election, the lieutenant governor
1628     shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
1629     Legislative Research and General Counsel.
1630          (2) (a) The Office of Legislative Research and General Counsel shall:
1631          (i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
1632     and give it a number as assigned under Section 20A-6-107;
1633          (ii) prepare an impartial ballot title for each initiative summarizing the contents of the
1634     measure; and
1635          (iii) return each petition and ballot title to the lieutenant governor [by] on or before
1636     June 26.
1637          (b) The ballot title may be distinct from the title of the proposed law attached to the
1638     initiative petition, and [shall be not more than] may not exceed 100 words.
1639          (c) If the initiative proposes a tax increase, the Office of Legislative Research and
1640     General Counsel shall include the following statement, in bold, in the ballot title:
1641          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
1642     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
1643     increase in the current tax rate.".
1644          (d) For each state initiative, the official ballot shall show, in the following order:
1645          (i) the number of the initiative [as determined by the Office of Legislative Research
1646     and General Counsel], determined in accordance with Section 20A-6-107;
1647          (ii) the initial fiscal impact estimate prepared under Section 20A-7-202.5, as updated
1648     under Section 20A-7-204.1; and

1649          (iii) the ballot title [as determined by the Office of Legislative Research and General
1650     Counsel] described in this section.
1651          (3) On or before June 27, the lieutenant governor shall mail a copy of the ballot title to
1652     any sponsor of the petition.
1653          (4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
1654     challenge the wording of the ballot title prepared by the Office of Legislative Research and
1655     General Counsel to the appropriate court.
1656          (ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
1657     notice of the challenge to:
1658          (A) any person or group that has filed an argument for or against the measure that is the
1659     subject of the challenge; or
1660          (B) any political issues committee established under Section 20A-11-801 that has filed
1661     written or electronic notice with the lieutenant governor that identifies the name, mailing or
1662     email address, and telephone number of the [person] individual designated to receive notice
1663     about any issues relating to the initiative.
1664          (b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
1665     Research and General Counsel is an impartial summary of the contents of the initiative.
1666          (ii) The court may not revise the wording of the ballot title unless the plaintiffs rebut
1667     the presumption by clearly and convincingly establishing that the ballot title is patently false or
1668     biased.
1669          (c) The court shall:
1670          (i) examine the ballot title;
1671          (ii) hear arguments; and
1672          (iii) certify to the lieutenant governor a ballot title for the measure that meets the
1673     requirements of this section.
1674          (d) The lieutenant governor shall certify the title verified by the court to the county
1675     clerks to be printed on the official ballot.

1676          Section 15. Section 20A-7-301 is amended to read:
1677          20A-7-301. Referendum -- Signature requirements -- Submission to voters.
1678          (1) (a) A person seeking to have a law passed by the Legislature submitted to a vote of
1679     the people shall obtain:
1680          (i) legal signatures equal to 8% of the number of active voters in the state on January 1
1681     immediately following the last regular general election; and
1682          (ii) from at least 15 [counties] Senate districts, legal signatures equal to 8% of the
1683     number of active voters in that [county] Senate district on January 1 immediately following the
1684     last regular general election.
1685          (b) When the lieutenant governor declares a referendum petition sufficient under this
1686     part, the governor shall issue an executive order that:
1687          (i) directs that the referendum be submitted to the voters at the next regular general
1688     election; or
1689          (ii) calls a special election according to the requirements of Section 20A-1-203 and
1690     directs that the referendum be submitted to the voters at that special election.
1691          (2) When a referendum petition has been declared sufficient, the law that is the subject
1692     of the petition does not take effect unless and until it is approved by a vote of the people at a
1693     regular general election or a statewide special election.
1694          (3) The lieutenant governor shall provide the following information to any interested
1695     person:
1696          (a) the number of active voters in the state on January 1 immediately following the last
1697     regular general election; and
1698          (b) for each county, the number of active voters in that [county] Senate district on
1699     January 1 immediately following the last regular general election.
1700          Section 16. Section 20A-7-302 is amended to read:
1701          20A-7-302. Referendum process -- Application procedures.
1702          (1) [Persons] Individuals wishing to circulate a referendum petition shall file an

1703     application with the lieutenant governor before 5 p.m. within five calendar days after the day
1704     on which the legislative session at which the law passed ends.
1705          (2) The application shall contain:
1706          (a) the name and residence address of at least five sponsors of the referendum petition;
1707          (b) a [certification] statement indicating that each of the sponsors[:] is registered to
1708     vote in Utah;
1709          [(i) is a voter; and]
1710          [(ii) has voted in a regular general election in Utah within the last three years;]
1711          (c) a statement indicating whether persons gathering signatures for the petition may be
1712     paid for gathering signatures;
1713          [(c)] (d) the signature of each of the sponsors, attested to by a notary public; and
1714          [(d)] (e) a copy of the law.
1715          Section 17. Section 20A-7-303 is amended to read:
1716          20A-7-303. Form of referendum petition and signature sheets.
1717          (1) (a) Each proposed referendum petition shall be printed in substantially the
1718     following form:
1719          "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
1720          We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.
1721     ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
1722     the part or parts on which the referendum is sought), passed by [the ____ Session of] the
1723     Legislature of the state of Utah during the ____ Session, be referred to the people of Utah for
1724     their approval or rejection at a regular general election or a statewide special election;
1725          Each signer says:
1726          I have personally signed this petition;
1727          The date next to my signature correctly reflects the date that I actually signed the
1728     petition;
1729          I have personally reviewed the entire statement included with this packet;

1730          I am registered to vote in Utah or intend to become registered to vote in Utah before the
1731     certification of the petition names by the county clerk; and
1732          My residence and post office address are written correctly after my name.".
1733          (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
1734     law that is the subject of the referendum to each referendum petition.
1735          (2) Each signature sheet shall:
1736          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1737          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
1738     that line blank for the purpose of binding;
1739          (c) contain the title of the referendum printed below the horizontal line, in at least
1740     14-point, bold type;
1741          (d) contain the word "Warning" printed or typed at the top of each signature sheet
1742     under the title of the referendum;
1743          (e) contain, to the right of the word "Warning," the following statement printed or
1744     typed in not less than eight-point[, single-leaded] type:
1745          "It is a class A misdemeanor for an individual to sign a referendum petition with any
1746     other name than the individual's own name, or knowingly to sign the individual's name more
1747     than once for the same measure, or to sign a referendum petition when the individual knows
1748     that the individual is not a registered voter and knows that the individual does not intend to
1749     become registered to vote before the certification of the petition names by the county clerk.";
1750          (f) contain horizontally ruled lines, three-eighths inch apart under the ["Warning"]
1751     warning statement [required by this section] described in Subsection (2)(e); and
1752          (g) be vertically divided into columns as follows:
1753          (i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
1754     be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
1755          (ii) the second column shall be .25 inch wide;
1756          (iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed

1757     Name (must be legible to be counted)";
1758          (iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
1759     Voter";
1760          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
1761          (vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
1762     Code"; and
1763          (vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
1764          (h) be horizontally divided into rows as follows:
1765          (i) the top of the first row, for the purpose of entering the information described in
1766     Subsection (2)(g), shall be .5 inch high;
1767          (ii) the second row shall be .15 inch high and contain the following statement printed
1768     or typed in not less than 12-point type:
1769          "By signing this petition, you are stating that you have read and understand the law this
1770     petition seeks to overturn."; and
1771          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
1772     bottom of the sheet for the information described in Subsection (2)(i); and
1773          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
1774     information is not required, but it may be used to verify your identity with voter registration
1775     records. If you choose not to provide it, your signature may not be verified as a valid signature
1776     if you change your address before petition signatures are verified or if the information you
1777     provide does not match your voter registration records.".
1778          (3) The final page of each referendum packet shall contain the following printed or
1779     typed statement:
1780          "Verification
1781          State of Utah, County of ____
1782          I, _______________, of ____, hereby state, under penalty of perjury, that:
1783          I am a Utah resident and am at least 18 years old;

1784          All the names that appear in this packet were signed by individuals who professed to be
1785     the individuals whose names appear in it, and each of the individuals signed the individual's
1786     name on it in my presence;
1787          I did not knowingly make a misrepresentation of fact concerning the law this petition
1788     seeks to overturn;
1789          I believe that each individual has printed and signed the individual's name and written
1790     the individual's post office address and residence correctly, that each signer has read and
1791     understands the law that the referendum seeks to overturn, and that each signer is registered to
1792     vote in Utah or intends to become registered to vote before the certification of the petition
1793     names by the county clerk.
1794          Each individual who signed the packet wrote the correct date of signature next to the
1795     individual's name.
1796          I have not paid or given anything of value to any individual who signed this petition to
1797     encourage that individual to sign it.
1798     ________________________________________________________________________
1799          (Name) (Residence Address) (Date)".
1800          (4) If the forms described in this section are substantially followed, the referendum
1801     petitions are sufficient, notwithstanding clerical and merely technical errors.
1802          (5) An individual's status as a resident, under Subsection (3), is determined in
1803     accordance with Section 20A-2-105.
1804          Section 18. Section 20A-7-304 is amended to read:
1805          20A-7-304. Circulation requirements -- Lieutenant governor to provide sponsors
1806     with materials.
1807          (1) In order to obtain the necessary number of signatures required by this part, the
1808     sponsors [shall] or an agent of the sponsors shall, after the sponsors receive the documents
1809     described in Subsection (2), circulate referendum packets that meet the form requirements of
1810     this part.

1811          (2) The lieutenant governor shall furnish to the sponsors:
1812          (a) a copy of the referendum petition; and
1813          (b) a signature sheet.
1814          (3) The sponsors of the petition shall:
1815          (a) arrange and pay for the printing of all additional copies of the petition and signature
1816     sheets; and
1817          (b) ensure that the copies of the petition and signature sheets meet the form
1818     requirements of this section.
1819          (4) (a) The sponsors or an agent of the sponsors may prepare the referendum for
1820     circulation by creating multiple referendum packets.
1821          (b) The sponsors or an agent of the sponsors shall create [those] referendum packets by
1822     binding a copy of the referendum petition, a copy of the law that is the subject of the
1823     referendum, and no more than 50 signature sheets together at the top in [such a way] a manner
1824     that the packets may be conveniently opened for signing.
1825          (c) [The sponsors need not attach] A referendum packet is not required to have a
1826     uniform number of signature sheets [to each referendum packet].
1827          [(5) (a) After the sponsors have prepared sufficient referendum packets, they shall
1828     return them to the lieutenant governor.]
1829          (5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
1830          (i) contact the lieutenant governor's office to receive a range of numbers that the
1831     sponsors may use to number signature packets; and
1832          (ii) number each signature packet, sequentially, within the range of numbers provided
1833     by the lieutenant governor's office, starting with the lowest number in the range.
1834          (b) The sponsors or an agent of the sponsors may not:
1835          (i) number a signature packet in a manner not directed by the lieutenant governor's
1836     office; or
1837          (ii) circulate or submit a signature packet that is not numbered in the manner directed

1838     by the lieutenant governor's office.
1839          [(b)] (c) The lieutenant governor shall[:] keep a record of the number range provided
1840     under Subsection (5)(a).
1841          [(i) number each of the referendum packets and return them to the sponsors within five
1842     working days; and]
1843          [(ii) keep a record of the numbers assigned to each packet.]
1844          Section 19. Section 20A-7-305 is amended to read:
1845          20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
1846          (1) A Utah voter may sign a referendum petition if the voter is a legal voter.
1847          (2) (a) The sponsors shall ensure that the individual in whose presence each signature
1848     sheet was signed:
1849          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
1850          (ii) verifies each signature sheet by completing the verification printed on the last page
1851     of each referendum packet; and
1852          (iii) is informed that each signer is required to read and understand the law that the
1853     referendum seeks to overturn.
1854          (b) [A person] An individual may not sign the verification printed on the last page of
1855     the referendum packet if the person signed a signature sheet in the referendum packet.
1856          (3) (a) A voter who has signed a referendum petition may have the voter's signature
1857     removed from the petition by submitting to the county clerk a statement requesting that the
1858     voter's signature be removed before 5 p.m. no later than the earlier of:
1859          (i) [14] 30 days after the day on which the voter signs the statement requesting
1860     removal; or
1861          (ii) 45 days after the day on which the [county clerk] lieutenant governor posts the
1862     voter's name under Subsection [20A-7-306(3)(c)] 20A-7-307(2)(a).
1863          (b) (i) The statement shall include:
1864          (A) the name of the voter;

1865          (B) the resident address at which the voter is registered to vote;
1866          (C) the signature of the voter; and
1867          (D) the date of the signature described in Subsection (3)(b)(i)(C).
1868          (ii) To increase the likelihood of the voter's signature being identified and removed, the
1869     statement may include the voter's birth date or age.
1870          (c) A voter may not submit a statement by email or other electronic means.
1871          (d) In order for the signature to be removed, the county clerk must receive the
1872     statement before 5 p.m. no later than 45 days after the day on which the [county clerk]
1873     lieutenant governor posts the voter's name under Subsection [20A-7-306(3)(c)]
1874     20A-7-307(2)(a).
1875          (e) A person may only remove a signature from a referendum petition in accordance
1876     with this Subsection (3).
1877          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
1878     a referendum petition, in accordance with Section 20A-7-206.3.
1879          Section 20. Section 20A-7-306 is amended to read:
1880          20A-7-306. Submitting the referendum petition -- Certification of signatures by
1881     the county clerks -- Transfer to lieutenant governor.
1882          (1) (a) The sponsors or an agent of the sponsor shall [deliver] submit a signed and
1883     verified referendum packet to the county clerk of the county in which the packet was circulated
1884     before 5 p.m. no later than the earlier of:
1885          (i) [14] 30 days after the day on which the first individual signs the referendum packet;
1886     or
1887          (ii) 40 days after the day on which the legislative session at which the law passed ends.
1888          (b) A [sponsor] person may not submit a referendum packet after the deadline
1889     described in Subsection (1)(a).
1890          [(2) (a) No later than 14 days after the day on which the county clerk receives a verified
1891     referendum packet, the county clerk shall:]

1892          [(i) check the name of each individual who completes the verification on the last page
1893     of each referendum packet to determine whether the individual is a resident of Utah and is at
1894     least 18 years old; and]
1895          [(ii) submit the name of each individual who is not a Utah resident or who is not at
1896     least 18 years old to the attorney general and county attorney.]
1897          [(b) The county clerk may not certify a signature under Subsection (3):]
1898          [(i) on a referendum packet that is not verified in accordance with Section 20A-7-305;
1899     or]
1900          [(ii) that does not have a date of signature next to the signature.]
1901          [(3)] (2) No later than [14] 21 days after the day on which the county clerk receives a
1902     verified referendum packet, the county clerk shall:
1903          (a) determine whether each signer is a registered voter according to the requirements of
1904     Section 20A-7-306.3;
1905          (b) certify on the [referendum] petition whether each name is that of a registered voter;
1906          (c) except as provided in Subsection (3), post the name and voter identification number
1907     of each registered voter certified under Subsection [(3)] (2)(b) [in a conspicuous location on the
1908     county's website for at least 45 days] on the lieutenant governor's website, in a conspicuous
1909     location designated by the lieutenant governor; and
1910          (d) deliver the verified [referendum] packet to the lieutenant governor.
1911          [(4) The county clerk shall, after timely receipt of a statement requesting signature
1912     removal under Subsection 20A-7-305(3), remove the voter's name and voter identification
1913     number from the posting described in Subsection (3)(c), and notify the lieutenant governor's
1914     office of the removal, the earlier of:]
1915          [(a) within two business days after the day on which the the county clerk timely
1916     receives the statement; or]
1917          [(b) 99 days after the day on which the legislative session at which the law passed
1918     ends.]

1919          (3) (a) If the county clerk timely receives a statement requesting signature removal
1920     under Subsection 20A-7-305(3), the county clerk shall:
1921          (i) ensure that the voter's name and voter identification number are not included in the
1922     posting described in Subsection (2)(c); and
1923          (ii) remove the voter's signature from the signature packets and signature packet totals.
1924          (b) The county clerk shall comply with Subsection (3)(a) before the later of:
1925          (i) the deadline described in Subsection (2); or
1926          (ii) two business days after the day on which the county clerk receives a statement
1927     requesting signature removal under Subsection 20A-7-305(3).
1928          (4) The county clerk may not certify a signature under Subsection (2):
1929          (a) on an initiative packet that is not verified in accordance with Section 20A-7-305; or
1930          (b) that does not have a date of signature next to the signature.
1931          [(5) The sponsor or a sponsor's representative]
1932          (5) A person may not retrieve a referendum packet from a county clerk, or make any
1933     alterations or corrections to a referendum packet, after the referendum packet is submitted to
1934     the county clerk.
1935          Section 21. Section 20A-7-306.3 is amended to read:
1936          20A-7-306.3. Verification of petition signatures.
1937          (1) As used in this section:
1938          (a) [For the purposes of this section, "substantially] "Substantially similar name"
1939     means:
1940          (i) the given name and surname shown on the petition, or both, contain only minor
1941     spelling differences when compared to the given name and surname shown on the official
1942     register;
1943          (ii) the surname shown on the petition exactly matches the surname shown on the
1944     official register, and the given names differ only because one of the given names shown is a
1945     commonly used abbreviation or variation of the other;

1946          (iii) the surname shown on the petition exactly matches the surname shown on the
1947     official register, and the given names differ only because one of the given names shown is
1948     accompanied by a first or middle initial or a middle name which is not shown on the other
1949     record; or
1950          (iv) the surname shown on the petition exactly matches the surname shown on the
1951     official register, and the given names differ only because one of the given names shown is an
1952     alphabetically corresponding initial that has been provided in the place of a given name shown
1953     on the other record.
1954          (b) [For the purposes of this section, "substantially] "Substantially similar name" does
1955     not [mean] include a name having an initial or a middle name shown on the petition that does
1956     not match a different initial or middle name shown on the official register.
1957          (2) The county clerk shall use the following procedures in determining whether [or not]
1958     a signer is a registered voter:
1959          (a) When a signer's name and address shown on the petition exactly match a name and
1960     address shown on the official register and the signer's signature appears substantially similar to
1961     the signature on the statewide voter registration database, the county clerk shall declare the
1962     signature valid.
1963          (b) When there is no exact match of an address and a name, the county clerk shall
1964     declare the signature valid if:
1965          (i) the address on the petition matches the address of a person on the official register
1966     with a substantially similar name; and
1967          (ii) the signer's signature appears substantially similar to the signature on the statewide
1968     voter registration database of the person described in Subsection (2)(b)(i).
1969          (c) When there is no match of an address and a substantially similar name, the county
1970     clerk shall declare the signature valid if:
1971          (i) the birth date or age on the petition matches the birth date or age of a person on the
1972     official register with a substantially similar name; and

1973          (ii) the signer's signature appears substantially similar to the signature on the statewide
1974     voter registration database of the person described in Subsection (2)(c)(i).
1975          (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1976     clerk shall declare the signature to be invalid.
1977          (3) The county clerk shall use the following procedures in determining whether to
1978     remove a signature from a petition after receiving a timely, valid statement requesting removal
1979     of the signature:
1980          (a) if a signer's name and address shown on the statement and the petition exactly
1981     match a name and address shown on the official register and the signer's signature on both the
1982     statement and the petition appears substantially similar to the signature on the statewide voter
1983     registration database, the county clerk shall remove the signature from the petition;
1984          (b) if there is no exact match of an address and a name, the county clerk shall remove
1985     the signature from the petition if:
1986          (i) the address on the statement and the petition matches the address of an individual
1987     on the official register with a substantially similar name; and
1988          (ii) the signer's signature on both the statement and the petition appears substantially
1989     similar to the signature on the statewide voter registration database of the individual described
1990     in Subsection (3)(b)(i);
1991          (c) if there is no match of an address and a substantially similar name, the county clerk
1992     shall remove the signature from the petition if:
1993          (i) the birth date or age on the statement and petition match the birth date or age of an
1994     individual on the official register with a substantially similar name; and
1995          (ii) the signer's signature on both the statement and the petition appears substantially
1996     similar to the signature on the statewide voter registration database of the individual described
1997     in Subsection (3)(c)(i); and
1998          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
1999     county clerk may not remove the signature from the petition.

2000          Section 22. Section 20A-7-307 is amended to read:
2001          20A-7-307. Evaluation by the lieutenant governor.
2002          (1) When the lieutenant governor receives a referendum packet [is received] from a
2003     county clerk, the lieutenant governor shall [check off from the] record the number of the
2004     referendum packet received.
2005          [(2) (a) The lieutenant governor shall, within seven days after the day on which the
2006     lieutenant governor receives a referendum packet from a county clerk:]
2007          [(i) count the number of the names certified by the county clerks on each verified
2008     signature sheet; and]
2009          (2) (a) The county clerk shall:
2010          (i) post the names and voter identification numbers described in Subsection
2011     20A-7-306(3)(c) on the lieutenant governor's website, in a conspicuous location designated by
2012     the lieutenant governor, for at least 45 days; and
2013          (ii) update on the lieutenant governor's website the number of signatures certified as of
2014     the date of the update.
2015          [(b) The lieutenant governor shall subtract the number of signatures removed from the
2016     number of signatures certified and update the number on the lieutenant governor's website
2017     accordingly no later than the earlier of:]
2018          [(i) one business day after the day on which the county clerk provides the notification
2019     described in Subsection 20A-7-306(4); or]
2020          [(ii) 54 days after the day on which the legislative session at which the law passed
2021     ends.]
2022          [(c)] (b) The lieutenant governor:
2023          (i) shall, except as provided in Subsection (2)[(c)](b)(ii), declare the petition to be
2024     sufficient or insufficient [99] 106 days after the end of the legislative session at which the law
2025     passed; or
2026          [(ii) may declare the petition to be insufficient before the day described in Subsection

2027     (2)(c)(i) if, after the county clerks have finished certifying all valid signatures on the timely and
2028     lawfully submitted signature packets, the lieutenant governor makes the determination
2029     described in Subsection (2)(e).]
2030          (ii) may declare the petition to be insufficient before the day described in Subsection
2031     (2)(b)(i) if:
2032          (A) the total of all valid signatures on timely and lawfully submitted signature packets
2033     that have been certified by the county clerks, plus the number of signatures on timely and
2034     lawfully submitted signature packets that have not yet been evaluated for certification, is less
2035     than the number of names required under Section 20A-7-301; or
2036          (B) a requirement of this part has not been met.
2037          [(d)] (c) If the total number of names certified under this Subsection (2) equals or
2038     exceeds the number of names required under Section 20A-7-301, and the requirements of this
2039     part are met, the lieutenant governor shall mark upon the front of the petition the word
2040     "sufficient."
2041          [(e)] (d) If the total number of names certified under this Subsection (2) does not equal
2042     or exceed the number of names required under Section 20A-7-301 or a requirement of this part
2043     is not met, the lieutenant governor shall mark upon the front of the petition the word
2044     "insufficient."
2045          [(f)] (e) The lieutenant governor shall immediately notify any one of the sponsors of
2046     the lieutenant governor's finding.
2047          [(g)] (f) After a petition is declared insufficient, [the sponsors] a person may not submit
2048     additional signatures to qualify the petition for the ballot.
2049          (3) (a) If the lieutenant governor refuses to accept and file a referendum [petition, any
2050     voter may, not] that a voter believes is legally sufficient, the voter may, no later than 10 days
2051     after the day on which the lieutenant governor declares the petition insufficient, apply to the
2052     appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file
2053     the referendum petition.

2054          (b) If the court determines that the referendum petition is legally sufficient, the
2055     lieutenant governor shall file the [referendum] petition, with a verified copy of the judgment
2056     attached to the referendum petition, as of the date on which the [referendum] petition was
2057     originally offered for filing in the lieutenant governor's office.
2058          (c) If the court determines that a petition filed is not legally sufficient, the court may
2059     enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
2060     and numbers of that measure on the official ballot.
2061          (4) A petition determined to be sufficient in accordance with this section is qualified
2062     for the ballot.
2063          Section 23. Section 20A-7-308 is amended to read:
2064          20A-7-308. Ballot title -- Duties of lieutenant governor and Office of Legislative
2065     Research and General Counsel.
2066          (1) Whenever a referendum petition is declared sufficient for submission to a vote of
2067     the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
2068     the Office of Legislative Research and General Counsel.
2069          (2) (a) The Office of Legislative Research and General Counsel shall:
2070          (i) entitle each state referendum that [has qualified] qualifies for the ballot "Proposition
2071     Number __" and [give it a number as assigned under] assign a number to the referendum in
2072     accordance with Section 20A-6-107;
2073          (ii) prepare an impartial ballot title for the referendum summarizing the contents of the
2074     measure; and
2075          (iii) [return the petition and] submit the ballot title to the lieutenant governor within 15
2076     days after [its receipt] the day on which the Office of Legislative Research and General
2077     Counsel receives the petition under Subsection (1).
2078          (b) The ballot title may be distinct from the title of the law that is the subject of the
2079     petition, and [shall be not more than] may not exceed 100 words.
2080          [(c) The ballot title and the number of the measure as determined by the Office of

2081     Legislative Research and General Counsel shall be printed on the official ballot.]
2082          (c) For each state referendum, the official ballot shall show, in the following order:
2083          (i) the number of the referendum, determined in accordance with Section 20A-6-107;
2084     and
2085          (ii) the ballot title described in this section.
2086          (3) Immediately after the Office of Legislative Research and General Counsel [files a
2087     copy of] submits the ballot title [with] to the lieutenant governor, the lieutenant governor shall
2088     mail or email a copy of the ballot title to any of the sponsors of the petition.
2089          (4) (a) (i) At least three of the sponsors of the petition may, within 15 days [of the date]
2090     after the day on which the lieutenant governor mails the ballot title, challenge the wording of
2091     the ballot title prepared by the Office of Legislative Research and General Counsel to the
2092     [Supreme Court] appropriate court.
2093          (ii) After receipt of the appeal, the [Supreme Court] court shall direct the lieutenant
2094     governor to send notice of the appeal to:
2095          (A) any person or group that has filed an argument for or against the measure that is the
2096     subject of the challenge; [or] and
2097          (B) any political issues committee established under Section 20A-11-801 that has filed
2098     written or electronic notice with the lieutenant governor that identifies the name, mailing or
2099     email address, and telephone number of the person designated to receive notice about any
2100     issues relating to the referendum.
2101          (b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
2102     Research and General Counsel is an impartial summary of the contents of the referendum.
2103          (ii) The [Supreme Court] court may not revise the wording of the ballot title unless the
2104     plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
2105     patently false or biased.
2106          (c) The [Supreme Court] court shall:
2107          (i) examine the ballot title;

2108          (ii) hear arguments; and
2109          (iii) [certify to the lieutenant governor a ballot title for the measure that meets] enter an
2110     order consistent with the requirements of this section.
2111          (d) The lieutenant governor shall, in accordance with the court's order, certify the ballot
2112     title [verified by the Supreme Court] to the county clerks to be printed on the official ballot.
2113          Section 24. Section 20A-7-309 is amended to read:
2114          20A-7-309. Form of ballot -- Manner of voting.
2115          (1) [The county clerks] A county clerk shall ensure that the number and ballot title
2116     [verified to them] certified by the lieutenant governor are presented upon the official ballot
2117     with, immediately adjacent to [them] the number and ballot title, the words "For" and
2118     "Against," each word presented with an adjacent square in which [the elector] a voter may
2119     indicate the [elector's] voter's vote.
2120          (2) (a) (i) A voter desiring to vote in favor of the law that is the subject of the
2121     referendum shall mark the square adjacent to the word "For."
2122          (ii) The law that is the subject of the referendum takes effect if a majority of voters
2123     mark "For."
2124          (b) (i) A voter desiring to vote against the law that is the subject of the referendum
2125     petition shall mark the square adjacent to the word "Against."
2126          (ii) The law that is the subject of the referendum does not take effect if a majority of
2127     voters mark "Against."
2128          Section 25. Section 20A-7-311 is amended to read:
2129          20A-7-311. Temporary stay -- Effective date -- Effect of repeal by Legislature.
2130          (1) If, at the time during the counting period described in [Subsection] Section
2131     20A-7-307[(2)], the lieutenant governor determines that, at that point in time, an adequate
2132     number of signatures are certified to comply with the signature requirements, the lieutenant
2133     governor shall:
2134          (a) issue an order temporarily staying the law from going into effect; and

2135          (b) continue the process of certifying signatures and removing signatures as required by
2136     this part.
2137          (2) The temporary stay described in Subsection (1) remains in effect, regardless of
2138     whether a future count falls below the signature threshold, until the day on which:
2139          (a) if the lieutenant governor declares the petition insufficient, five days after the day
2140     on which the lieutenant governor declares the petition insufficient; or
2141          (b) if the lieutenant governor declares the petition sufficient, the day on which
2142     governor issues the proclamation described in Section 20A-7-310.
2143          (3) A proposed law submitted to the people by referendum petition that is approved by
2144     the voters at an election takes effect the later of:
2145          (a) five days after the date of the official proclamation of the vote by the governor; or
2146          (b) the effective date specified in the proposed law.
2147          (4) If, after the lieutenant governor issues a temporary stay order under Subsection
2148     (1)(a), the lieutenant governor declares the petition insufficient, the proposed law takes effect
2149     the later of:
2150          (a) five days after the day on which the lieutenant governor declares the petition
2151     insufficient; or
2152          (b) the effective date specified in the proposed law.
2153          (5) (a) The governor may not veto a law adopted by the people.
2154          (b) The Legislature may amend any laws approved by the people at any legislative
2155     session after the people approve the law.
2156          (6) If the Legislature repeals a law challenged by referendum petition under this part,
2157     the referendum petition is void and no further action on the referendum petition is required.
2158          Section 26. Section 20A-7-401.5 is amended to read:
2159          20A-7-401.5. Proposition information pamphlet.
2160          (1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
2161     circulate an initiative petition under Section 20A-7-502 or an application to circulate a

2162     referendum petition under Section 20A-7-602:
2163          (A) the sponsors of the proposed initiative or referendum may submit a written
2164     argument in favor of the proposed initiative or referendum to the election officer of the county
2165     or municipality to which the petition relates; and
2166          (B) the county or municipality to which the application relates may submit a written
2167     argument in favor of, or against, the proposed initiative or referendum to the county's or
2168     municipality's election officer.
2169          (ii) If a county or municipality submits more than one written argument under
2170     Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
2171     preference to a written argument submitted by a member of a local legislative body if a
2172     majority of the local legislative body supports the written argument.
2173          (b) Within one business day after the day on which an election officer receives an
2174     argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
2175     argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
2176     applicable.
2177          (c) Within one business day after the date on which an election officer receives an
2178     argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
2179     argument to the first three sponsors of the proposed initiative or referendum described in
2180     Subsection (1)(a)(i)(A).
2181          (d) The sponsors of the proposed initiative or referendum may submit a revised version
2182     of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
2183     county or municipality to which the petition relates within 20 days after the day on which the
2184     eligible voter files an application to circulate an initiative petition under Section 20A-7-502 or
2185     an application to circulate a referendum petition under Section 20A-7-602.
2186          (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
2187     a county or municipality may submit a revised version of the written argument to the county's
2188     or municipality's election officer within 20 days after the day on which the eligible voter files

2189     an application to circulate an initiative petition under Section 20A-7-502 or an application to
2190     circulate a referendum petition under Section 20A-7-602.
2191          (2) (a) A written argument described in Subsection (1) may not exceed 500 words.
2192          (b) Except as provided in Subsection (2)(c), a person may not modify a written
2193     argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
2194     election officer.
2195          (c) The election officer and the person that submits the written argument described in
2196     Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
2197          (i) correct factual, grammatical, or spelling errors; or
2198          (ii) reduce the number of words to come into compliance with Subsection (2)(a).
2199          (d) An election officer shall refuse to include a written argument in the proposition
2200     information pamphlet described in this section if the person who submits the argument:
2201          (i) fails to negotiate, in good faith, to modify the argument in accordance with
2202     Subsection (2)(c); or
2203          (ii) does not timely submit the written argument to the election officer.
2204          (e) An election officer shall make a good faith effort to negotiate a modification
2205     described in Subsection (2)(c) in an expedited manner.
2206          (3) An election officer who receives a written argument described in Subsection (1)
2207     shall prepare a proposition information pamphlet for publication that includes:
2208          (a) a copy of the application for the proposed initiative or referendum;
2209          (b) except as provided in Subsection (2)(d), immediately after the copy described in
2210     Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
2211     referendum, if any;
2212          (c) except as provided in Subsection (2)(d), immediately after the argument described
2213     in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
2214          (d) a copy of the initial fiscal impact statement and legal impact statement described in
2215     Section 20A-7-502.5 or 20A-7-602.5.

2216          (4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
2217     Chapter 2, Government Records Access and Management Act, until the earlier of when the
2218     election officer:
2219          (i) complies with Subsection (4)(b); or
2220          (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
2221          (b) Within 21 days after the day on which the eligible voter files an application to
2222     circulate an initiative petition under Section 20A-7-502, or an application to circulate a
2223     referendum petition under Section 20A-7-602, the election officer shall provide a copy of the
2224     proposition information pamphlet to the sponsors of the initiative or referendum and each
2225     individual who submitted an argument included in the proposition information pamphlet.
2226          (5) An election officer for a municipality shall publish the proposition information
2227     pamphlet as follows:
2228          (a) within the later of 10 days after the day on which the municipality or a court
2229     determines that the proposed initiative or referendum is legally referable to voters, or, if the
2230     election officer modifies an argument under Subsection (2)(c), three days after the day on
2231     which the election officer and the person that submitted the argument agree on the
2232     modification:
2233          (i) by sending the proposition information pamphlet electronically to each individual in
2234     the municipality for whom the municipality has an email address, unless the individual has
2235     indicated that the municipality is prohibited from using the individual's email address for that
2236     purpose; and
2237          (ii) by posting the proposition information pamphlet on the Utah Public Notice
2238     Website, created in Section 63F-1-701, and the home page of the municipality's website, if the
2239     municipality has a website, until:
2240          (A) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
2241     do not timely deliver any verified initiative packets under Section 20A-7-506 or any verified
2242     referendum packets under Section 20A-7-606, the day after the date of the deadline for delivery

2243     of the verified initiative packets or verified referendum packets;
2244          (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
2245     number of signatures necessary to qualify the proposed initiative or referendum for placement
2246     on the ballot is insufficient and the determination is not timely appealed or is upheld after
2247     appeal; or
2248          (C) the day after the date of the election at which the proposed initiative or referendum
2249     appears on the ballot; and
2250          (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
2251     municipality's residents, including an Internet address, where a resident may view the
2252     proposition information pamphlet, in the next mailing, for which the municipality has not
2253     begun preparation, that falls on or after the later of:
2254          (i) 10 days after the day on which the municipality or a court determines that the
2255     proposed initiative or referendum is legally referable to voters; or
2256          (ii) if the election officer modifies an argument under Subsection (2)(c), three days
2257     after the day on which the election officer and the person that submitted the argument agree on
2258     the modification.
2259          (6) An election officer for a county shall, within the later of 10 days after the day on
2260     which the county or a court determines that the proposed initiative or referendum is legally
2261     referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
2262     three days after the day on which the election officer and the person that submitted the
2263     argument agree on the modification, publish the proposition information pamphlet as follows:
2264          (a) by sending the proposition information pamphlet electronically to each individual
2265     in the county for whom the county has an email address obtained via voter registration; and
2266          (b) by posting the proposition information pamphlet on the Utah Public Notice
2267     Website, created in Section 63F-1-701, and the home page of the county's website, until:
2268          (i) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
2269     do not timely deliver any verified initiative packets under Section 20A-7-506 or any verified

2270     referendum packets under Section 20A-7-606, the day after the date of the deadline for delivery
2271     of the verified initiative packets or verified referendum packets;
2272          (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the number
2273     of signatures necessary to qualify the proposed initiative or referendum for placement on the
2274     ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
2275          (iii) the day after the date of the election at which the proposed initiative or referendum
2276     appears on the ballot.
2277          Section 27. Section 20A-7-502 is amended to read:
2278          20A-7-502. Local initiative process -- Application procedures.
2279          (1) [An eligible voter] Individuals wishing to circulate an initiative petition shall file an
2280     application with the local clerk.
2281          (2) The application shall contain:
2282          (a) the name and residence address of at least five sponsors of the initiative petition;
2283          [(b) a statement indicating that each of the sponsors is a registered voter;]
2284          [(c)] (b) a statement indicating that each of the sponsors [has voted in an election in
2285     Utah in the last three years;] is registered to vote in Utah;
2286          [(d)] (c) the signature of each of the sponsors, acknowledged by a notary public;
2287          [(e)] (d) a copy of the proposed law that includes:
2288          (i) the title of the proposed law[, which] that clearly expresses the subject of the law;
2289     [and]
2290          (ii) a description of all proposed sources of funding for the costs associated with the
2291     proposed law, including the proposed percentage of total funding from each source; and
2292          [(ii)] (iii) the text of the proposed law; [and]
2293          [(f)] (e) if the initiative petition proposes a tax increase, the following statement, "This
2294     initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
2295     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2296     increase in the current tax rate."; and

2297          (f) a statement indicating whether persons gathering signatures for the petition may be
2298     paid for gathering signatures.
2299          (3) A proposed law submitted under this section may not contain more than one subject
2300     to the same extent a bill may not pass containing more than one subject as provided in Utah
2301     Constitution, Article VI, Section 22.
2302          Section 28. Section 20A-7-503 is amended to read:
2303          20A-7-503. Form of initiative petitions and signature sheets.
2304          (1) (a) Each proposed initiative petition shall be printed in substantially the following
2305     form:
2306          "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
2307     Clerk:
2308          We, the undersigned citizens of Utah, respectfully demand that the following proposed
2309     law be submitted to: the legislative body for its approval or rejection at its next meeting; and
2310     the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
2311     no action on it.
2312          Each signer says:
2313          I have personally signed this petition;
2314          The date next to my signature correctly reflects the date that I actually signed the
2315     petition;
2316          I have personally reviewed the entire statement included with this packet;
2317          I am registered to vote in Utah or intend to become registered to vote in Utah before the
2318     certification of the petition names by the county clerk; and
2319          My residence and post office address are written correctly after my name.".
2320          (b) If the initiative petition proposes a tax increase, the following statement shall
2321     appear, in at least 14-point, bold type, immediately following the information described in
2322     Subsection (1)(a):
2323          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert

2324     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
2325     percent increase in the current tax rate.".
2326          (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the
2327     proposed law to each initiative petition.
2328          (2) Each signature sheet shall:
2329          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2330          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2331     that line blank for the purpose of binding;
2332          (c) contain the title of the initiative printed below the horizontal line, in at least
2333     14-point, bold type;
2334          (d) contain the word "Warning" printed or typed at the top of each signature sheet
2335     under the title of the initiative;
2336          (e) contain, to the right of the word "Warning," the following statement printed or
2337     typed in not less than eight-point type:
2338          "It is a class A misdemeanor for an individual to sign an initiative petition with a name
2339     other than the individual's own name, or to knowingly sign the individual's name more than
2340     once for the same measure, or to sign an initiative petition when the individual knows that the
2341     individual is not a registered voter and knows that the individual does not intend to become
2342     registered to vote before the certification of the petition names by the county clerk.";
2343          (f) contain horizontally ruled lines, three-eighths inch apart under the warning
2344     statement described in Subsection (2)(e); and
2345          [(d)] (g) be vertically divided into columns as follows:
2346          [(i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
2347     wide, be headed with "For Office Use Only", and be subdivided with a light vertical line down
2348     the middle with the left subdivision entitled "Registered" and the right subdivision left
2349     untitled;]
2350          [(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed

2351     Name (must be legible to be counted)";]
2352          [(iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
2353     Voter";]
2354          [(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
2355     and]
2356          [(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
2357     Code";]
2358          [(e) spanning the sheet horizontally beneath each row on which a registered voter may
2359     submit the information described in Subsection (2)(d), contain the following statement printed
2360     or typed in not less than eight-point type:]
2361          (i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
2362     be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
2363          (ii) the second column shall be .25 inch wide;
2364          (iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
2365     Name (must be legible to be counted)";
2366          (iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
2367     Voter";
2368          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
2369          (vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
2370     Code"; and
2371          (vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
2372          (h) be horizontally divided into rows as follows:
2373          (i) the top of the first row, for the purpose of entering the information described in
2374     Subsection (2)(g), shall be .5 inch high;
2375          (ii) the second row shall be .15 inch high and contain the following statement printed
2376     or typed in not less than 12-point type:
2377          "By signing this petition, you are stating that you have read and understand the law

2378     proposed by this petition."; and
2379          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
2380     bottom of the sheet for the information described in Subsection (2)(i); and
2381          [(f)] (i) at the bottom of the sheet, contain in the following order:
2382          [(i) the title of the initiative, in at least 14-point, bold type;]
2383          [(ii)] (i) the initial fiscal impact estimate's summary statement issued by the budget
2384     officer in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and
2385     distributing information related to the initiative petition in accordance with Subsection
2386     20A-7-502.5(3), in not less than 12-point, bold type;
2387          [(iii) the word "Warning," followed by the following statement in not less than
2388     eight-point type:]
2389          ["It is a class A misdemeanor for an individual to sign an initiative petition with a name
2390     other than the individual's own name, or to knowingly sign the individual's name more than
2391     once for the same measure, or to sign an initiative petition when the individual knows that the
2392     individual is not a registered voter and knows that the individual does not intend to become
2393     registered to vote before the certification of the petition names by the county clerk.";]
2394          [(iv)] (ii) the following statement: "Birth date or age information is not required, but it
2395     may be used to verify your identity with voter registration records. If you choose not to provide
2396     it, your signature may not be verified as a valid signature if you change your address before
2397     petition signatures are verified or if the information you provide does not match your voter
2398     registration records."; and
2399          [(v)] (iii) if the initiative petition proposes a tax increase, spanning the bottom of the
2400     sheet, horizontally, in not less than 14-point, bold type, the following statement:
2401          "This initiative petition seeks to increase the current (insert name of tax) rate by (insert
2402     the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
2403     percent increase in the current tax rate.".
2404          (3) The final page of each initiative packet shall contain the following printed or typed

2405     statement:
2406          "Verification
2407          State of Utah, County of ____
2408          I, _______________, of ____, hereby state, under penalty of perjury, that:
2409          I am a resident of Utah and am at least 18 years old;
2410          All the names that appear in this [initiative] packet were signed by [the] individuals
2411     who professed to be the individuals whose names appear in it, and each of the individuals
2412     signed the individual's name on it in my presence;
2413          I did not knowingly make a misrepresentation of fact concerning the law proposed by
2414     the initiative;
2415          I believe that each individual has printed and signed the individual's name and written
2416     the individual's post office address and residence correctly, that each signer has read and
2417     understands the law proposed by the initiative, and that each signer is registered to vote in Utah
2418     or intends to become registered to vote before the certification of the petition names by the
2419     county clerk.
2420          [_____________________________"]
2421          [(4) The forms prescribed in this section are not mandatory, and, if]
2422          Each individual who signed the packet wrote the correct date of signature next to the
2423     individual's name.
2424          I have not paid or given anything of value to any individual who signed this petition to
2425     encourage that individual to sign it.
2426          _____________________________________________________________________
2427          (Name) (Residence Address) (Date)".
2428          (4) If the forms described in this section are substantially followed, the initiative
2429     petitions are sufficient, notwithstanding clerical and merely technical errors.
2430          (5) An individual's status as a resident, under Subsection (3), is determined in
2431     accordance with Section 20A-2-105.

2432          Section 29. Section 20A-7-504 is amended to read:
2433          20A-7-504. Circulation requirements -- Local clerk to provide sponsors with
2434     materials.
2435          (1) In order to obtain the necessary number of signatures required by this part, the
2436     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
2437     in Subsections (2)[(a) and (b)] and [Subsection] 20A-7-401.5(4)(b), circulate initiative packets
2438     that meet the form requirements of this part.
2439          (2) Within five days after the day on which a county, city, town, metro township, or
2440     court determines, in accordance with Section 20A-7-502.7, that a law proposed in an initiative
2441     petition is legally referable to voters, the local clerk shall furnish to the sponsors:
2442          (a) [one] a copy of the initiative petition; and
2443          (b) [one] a signature sheet.
2444          (3) The sponsors of the petition shall:
2445          (a) arrange and pay for the printing of all additional copies of the petition and signature
2446     sheets; and
2447          (b) ensure that the copies of the petition and signature sheets meet the form
2448     requirements of this section.
2449          (4) (a) The sponsors or an agent of the sponsors may prepare the initiative for
2450     circulation by creating multiple initiative packets.
2451          (b) The sponsors or an agent of the sponsors shall create [those] initiative packets by
2452     binding a copy of the initiative petition, a copy of the proposed law, and no more than 50
2453     signature sheets together at the top in [such a way] a manner that the packets may be
2454     conveniently opened for signing.
2455          (c) [The sponsors need not attach] An initiative packet is not required to have a
2456     uniform number of signature sheets [to each initiative packet].
2457          (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
2458     the proposition information pamphlet provided to the sponsors under Subsection

2459     20A-7-401.5(4)(b).
2460          (5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
2461          (i) contact the county clerk to receive a range of numbers that the sponsors may use to
2462     number signature packets; and
2463          (ii) number each signature packet, sequentially, within the range of numbers provided
2464     by the county clerk, starting with the lowest number in the range.
2465          (b) The sponsors or an agent of the sponsors may not:
2466          (i) number a signature packet in a manner not directed by the county clerk; or
2467          (ii) circulate or submit a signature packet that is not numbered in the manner directed
2468     by the county clerk.
2469          (c) The county clerk shall keep a record of the number range provided under
2470     Subsection (5)(a).
2471          Section 30. Section 20A-7-505 is amended to read:
2472          20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
2473          (1) [Any] A Utah voter may sign a local initiative petition if the voter is a legal voter
2474     and resides in the local jurisdiction.
2475          (2) (a) The sponsors shall ensure that the individual in whose presence each signature
2476     sheet was signed:
2477          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
2478     [and]
2479          (ii) verifies each signature sheet by completing the verification printed on the last page
2480     of each initiative packet[.]; and
2481          (iii) is informed that each signer is required to read and understand the law proposed by
2482     the initiative.
2483          (b) An individual may not sign the verification printed on the last page of the initiative
2484     packet if the individual signed a signature sheet in the initiative packet.
2485          [(3) (a) (i) Any voter who has signed an initiative petition may have the voter's

2486     signature removed from the petition by submitting a notarized statement to that effect to the
2487     county clerk.]
2488          [(ii) In order for the signature to be removed, the statement must be received by the
2489     county clerk no later than seven days after the day on which the sponsors submit the last
2490     signature packet to the county clerk.]
2491          [(b) Upon timely receipt of the statement, the county clerk shall remove the signature
2492     of the individual submitting the statement from the initiative petition.]
2493          (3) (a) A voter who has signed an initiative petition may have the voter's signature
2494     removed from the petition by submitting a statement requesting that the voter's signature be
2495     removed before 5 p.m. no later than the earlier of:
2496          (i) 30 days after the day on which the voter signs the signature removal statement;
2497          (ii) 90 days after the day on which the local clerk posts the voter's name under
2498     Subsection 20A-7-507(2)(a);
2499          (iii) 316 days after the day on which the application is filed; or
2500          (iv) (A) for a county initiative, April 15 immediately before the next regular general
2501     election immediately after the application is filed under Section 20A-7-502; or
2502          (B) for a municipal initiative, April 15 immediately before the next municipal general
2503     election immediately after the application is filed under Section 20A-7-502.
2504          (b) (i) The statement shall include:
2505          (A) the name of the voter;
2506          (B) the resident address at which the voter is registered to vote;
2507          (C) the signature of the voter; and
2508          (D) the date of the signature described in Subsection (3)(b)(i)(C).
2509          (ii) To increase the likelihood of the voter's signature being identified and removed, the
2510     statement may include the voter's birth date or age.
2511          (c) A voter may not submit a statement by email or other electronic means.
2512          (d) In order for the signature to be removed, the county clerk must receive the

2513     statement before 5 p.m. no later than the applicable deadline described in Subsection (3)(a).
2514          (e) A person may only remove a signature from an initiative petition in accordance
2515     with this Subsection (3).
2516          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
2517     an initiative petition, in accordance with Section 20A-7-506.3.
2518          Section 31. Section 20A-7-506 is amended to read:
2519          20A-7-506. Submitting the initiative petition -- Certification of signatures by the
2520     county clerks -- Transfer to local clerk.
2521          (1) (a) The sponsors or an agent of the sponsors shall [deliver each] submit a signed
2522     and verified initiative packet to the county clerk of the county in which the packet was
2523     circulated before 5 p.m. no later than the earlier of:
2524          [(i) for county initiatives:]
2525          (i) 30 days after the day on which the first individual signs the initiative packet;
2526          [(A)] (ii) 316 days after the day on which the application is filed; or
2527          [(B) the] (iii) (A) for a county initiative, April 15 immediately before the next regular
2528     general election immediately after the application is filed under Section 20A-7-502; or
2529          [(ii) for municipal initiatives:]
2530          [(A) 316 days after the day on which the application is filed; or]
2531          (B) [the] for a municipal initiative, April 15 immediately before the next municipal
2532     general election immediately after the application is filed under Section 20A-7-502.
2533          (b) A [sponsor] person may not submit an initiative packet after the deadline
2534     established in [this] Subsection (1)(a).
2535          (2) The county clerk shall, within 21 days after the day on which the county clerk
2536     receives the packet:
2537          (a) determine whether each signer is a registered voter according to the requirements of
2538     Section 20A-7-506.3;
2539          (b) certify on the petition whether each name is that of a registered voter;

2540          (c) except as provided in Subsection (3), post the name and voter identification number
2541     of each registered voter certified under Subsection (2)(b) on the lieutenant governor's website,
2542     in a conspicuous location designated by the lieutenant governor; and
2543          (d) deliver the verified initiative packet to the local clerk.
2544          (3) (a) If the county clerk timely receives a statement requesting signature removal
2545     under Subsection 20A-7-505(3), the county clerk shall:
2546          (i) ensure that the voter's name and voter identification number are not included in the
2547     posting described in Subsection (2)(c); and
2548          (ii) remove the voter's signature from the signature packets and signature packet totals.
2549          (b) The county clerk shall comply with Subsection (3)(a) before the later of:
2550          (i) the deadline described in Subsection (2); or
2551          (ii) two business days after the day on which the county clerk receives a statement
2552     requesting signature removal under Subsection 20A-7-505(3).
2553          (c) The local clerk shall post a link in a conspicuous location on the local government's
2554     website to the posting described in Subsection (2)(c) during the period of time described in
2555     Subsection 20A-7-507(2)(a)(i).
2556          [(2)] (4) The county clerk may not certify a signature under Subsection [(3)] (2) on an
2557     initiative packet that is not verified in accordance with Section 20A-7-505.
2558          [(3) No later than May 15, the county clerk shall:]
2559          [(a) determine whether or not each signer is a voter according to the requirements of
2560     Section 20A-7-506.3;]
2561          [(b) certify on the petition whether or not each name is that of a voter; and]
2562          [(c) deliver all of the verified packets to the local clerk.]
2563          (5) A person may not retrieve an initiative packet from a county clerk, or make any
2564     alterations or corrections to an initiative packet, after the initiative packet is submitted to the
2565     county clerk.
2566          Section 32. Section 20A-7-506.3 is amended to read:

2567          20A-7-506.3. Verification of petition signatures.
2568          (1) As used in this section:
2569          (a) [For the purposes of this section, "substantially] "Substantially similar name"
2570     means:
2571          (i) the given name and surname shown on the petition, or both, contain only minor
2572     spelling differences when compared to the given name and surname shown on the official
2573     register;
2574          (ii) the surname shown on the petition exactly matches the surname shown on the
2575     official register, and the given names differ only because one of the given names shown is a
2576     commonly used abbreviation or variation of the other;
2577          (iii) the surname shown on the petition exactly matches the surname shown on the
2578     official register, and the given names differ only because one of the given names shown is
2579     accompanied by a first or middle initial or a middle name which is not shown on the other
2580     record; or
2581          (iv) the surname shown on the petition exactly matches the surname shown on the
2582     official register, and the given names differ only because one of the given names shown is an
2583     alphabetically corresponding initial that has been provided in the place of a given name shown
2584     on the other record.
2585          (b) [For the purposes of this section, "substantially] "Substantially similar name" does
2586     not mean a name having an initial or a middle name shown on the petition that does not match
2587     a different initial or middle name shown on the official register.
2588          (2) The county clerk shall use the following procedures in determining whether [or not]
2589     a signer is a registered voter:
2590          (a) When a signer's name and address shown on the petition exactly match a name and
2591     address shown on the official register and the signer's signature appears substantially similar to
2592     the signature on the statewide voter registration database, the county clerk shall declare the
2593     signature valid.

2594          (b) When there is no exact match of an address and a name, the county clerk shall
2595     declare the signature valid if:
2596          (i) the address on the petition matches the address of an individual on the official
2597     register with a substantially similar name; and
2598          (ii) the signer's signature appears substantially similar to the signature on the statewide
2599     voter registration database of the individual described in Subsection (2)(b)(i).
2600          (c) When there is no match of an address and a substantially similar name, the county
2601     clerk shall declare the signature valid if:
2602          (i) the birth date or age on the petition matches the birth date or age of an individual on
2603     the official register with a substantially similar name; and
2604          (ii) the signer's signature appears substantially similar to the signature on the statewide
2605     voter registration database of the individual described in Subsection (2)(c)(i).
2606          (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
2607     county clerk shall declare the signature to be invalid.
2608          (3) The county clerk shall use the following procedures in determining whether to
2609     remove a signature from a petition after receiving a timely, valid statement requesting removal
2610     of the signature:
2611          (a) if a signer's name and address shown on the statement and the petition exactly
2612     match a name and address shown on the official register and the signer's signature on both the
2613     statement and the petition appears substantially similar to the signature on the statewide voter
2614     registration database, the county clerk shall remove the signature from the petition;
2615          (b) if there is no exact match of an address and a name, the county clerk shall remove
2616     the signature from the petition if:
2617          (i) the address on the statement and the petition matches the address of an individual
2618     on the official register with a substantially similar name; and
2619          (ii) the signer's signature on both the statement and the petition appears substantially
2620     similar to the signature on the statewide voter registration database of the individual described

2621     in Subsection (3)(b)(i);
2622          (c) if there is no match of an address and a substantially similar name, the county clerk
2623     shall remove the signature from the petition if:
2624          (i) the birth date or age on the statement and petition match the birth date or age of an
2625     individual on the official register with a substantially similar name; and
2626          (ii) the signer's signature on both the statement and the petition appears substantially
2627     similar to the signature on the statewide voter registration database of the individual described
2628     in Subsection (3)(c)(i); and
2629          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
2630     county clerk may not remove the signature from the petition.
2631          Section 33. Section 20A-7-507 is amended to read:
2632          20A-7-507. Evaluation by the local clerk.
2633          (1) When [each] a local clerk receives an initiative packet [is received] from a county
2634     clerk, the local clerk shall [check off from the local clerk's] record the number of [each] the
2635     initiative packet [filed] received.
2636          [(2) (a) After all of the initiative packets have been received by the local clerk, the local
2637     clerk shall count the number of the names certified by the county clerk that appear on each
2638     verified signature sheet.]
2639          (2) (a) The county clerk shall:
2640          (i) post the names and voter identification numbers described in Subsection
2641     20A-7-506(2)(c) on the lieutenant governor's website, in a conspicuous location designated by
2642     the lieutenant governor, for at least 90 days; and
2643          (ii) update on the local government's website the number of signatures certified as of
2644     the date of the update.
2645          (b) The local clerk:
2646          (i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
2647     or insufficient no later than 21 days after the day of the applicable deadline described in

2648     Subsection 20A-7-506(1)(a); or
2649          (ii) may declare the petition to be insufficient before the day described in Subsection
2650     (2)(b)(i) if:
2651          (A) the total of all valid signatures on timely and lawfully submitted signature packets
2652     that have been certified by the county clerks, plus the number of signatures on timely and
2653     lawfully submitted signature packets that have not yet been evaluated for certification, is less
2654     than the number of names required under Section 20A-7-501; or
2655          (B) a requirement of this part has not been met.
2656          [(b)] (c) If the total number of certified names from each verified signature sheet equals
2657     or exceeds the number of names required by Section 20A-7-501 and the requirements of this
2658     part are met, the local clerk shall mark upon the front of the petition the word "sufficient."
2659          [(c)] (d) If the total number of certified names from each verified signature sheet does
2660     not equal or exceed the number of names required by Section 20A-7-501 or a requirement of
2661     this part is not met, the local clerk shall mark upon the front of the petition the word
2662     "insufficient."
2663          [(d)] (e) The local clerk shall immediately notify any one of the sponsors of the local
2664     clerk's finding.
2665          (f) After a petition is declared insufficient, a person may not submit additional
2666     signatures to qualify the petition for the ballot.
2667          (3) If the local clerk finds the total number of certified signatures from each verified
2668     signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
2669     for a recount of the signatures appearing on the initiative petition in the presence of any
2670     sponsor.
2671          [(4) Once a petition is declared insufficient, the sponsors may not submit additional
2672     signatures to qualify the petition for the ballot.]
2673          [(5)] (4) A petition determined to be sufficient in accordance with this section is
2674     qualified for the ballot.

2675          Section 34. Section 20A-7-508 is amended to read:
2676          20A-7-508. Ballot title -- Duties of local clerk and local attorney.
2677          (1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the
2678     petition and the proposed law to the local attorney.
2679          (2) The local attorney shall:
2680          (a) entitle each county or municipal initiative that has qualified for the ballot
2681     "Proposition Number __" and give it a number as assigned under Section 20A-6-107;
2682          (b) prepare a proposed ballot title for the initiative;
2683          (c) file the proposed ballot title and the numbered initiative titles with the local clerk
2684     within 20 days after the day on which an eligible voter submits the initiative petition to the
2685     local clerk; and
2686          (d) promptly provide notice of the filing of the proposed ballot title to:
2687          (i) the sponsors of the petition; and
2688          (ii) the local legislative body for the jurisdiction where the initiative petition was
2689     circulated.
2690          (3) (a) The ballot title may be distinct from the title of the proposed law attached to the
2691     initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
2692          (b) In preparing a ballot title, the local attorney shall, to the best of the local attorney's
2693     ability, give a true and impartial statement of the purpose of the measure.
2694          (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
2695     for or against the measure.
2696          (d) If the initiative proposes a tax increase, the local attorney shall include the
2697     following statement, in bold, in the ballot title:
2698          "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
2699     percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2700     increase in the current tax rate.".
2701          (4) (a) Within five calendar days after the date the local attorney files a proposed ballot

2702     title under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative
2703     petition was circulated and the sponsors of the petition may file written comments in response
2704     to the proposed ballot title with the local clerk.
2705          (b) Within five calendar days after the last date to submit written comments under
2706     Subsection (4)(a), the local attorney shall:
2707          (i) review any written comments filed in accordance with Subsection (4)(a);
2708          (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
2709          (iii) return the petition and file the ballot title with the local clerk.
2710          (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
2711     be printed on the official ballot.
2712          (5) Immediately after the local attorney files a copy of the ballot title with the local
2713     clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
2714     petition and the local legislative body for the jurisdiction where the initiative petition was
2715     circulated.
2716          (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
2717     comply with the requirements of this section, the decision of the local attorney may be
2718     appealed to the [district court, or, if the Supreme Court has original jurisdiction, to the
2719     Supreme Court, brought] appropriate court by:
2720          (i) at least three sponsors of the initiative petition; or
2721          (ii) a majority of the local legislative body for the jurisdiction where the initiative
2722     petition was circulated.
2723          (b) The court:
2724          (i) shall examine the measures and consider arguments; and
2725          (ii) may certify to the local clerk a ballot title for the measure that fulfills the intent of
2726     this section.
2727          (c) The local clerk shall print the title certified by the court on the official ballot.
2728          Section 35. Section 20A-7-510 is amended to read:

2729          20A-7-510. Return and canvass -- Conflicting measures -- Law effective on
2730     proclamation.
2731          (1) The votes on the law proposed by the initiative petition shall be counted,
2732     canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
2733          (2) After the local board of canvassers completes [its] the canvass, the local clerk shall
2734     certify to the local legislative body the vote for and against the law proposed by the initiative
2735     petition.
2736          (3) (a) The local legislative body shall immediately issue a proclamation that:
2737          (i) gives the total number of votes cast in the local jurisdiction for and against each law
2738     proposed by an initiative petition; and
2739          (ii) declares those laws proposed by an initiative petition that were approved by
2740     majority vote to be in full force and effect as the law of the local jurisdiction.
2741          (b) When the local legislative body determines that two proposed laws, or that parts of
2742     two proposed laws approved by the people at the same election are entirely in conflict, [they]
2743     the local legislative body shall proclaim that measure to be law that [has] received the greatest
2744     number of affirmative votes, regardless of the difference in the majorities which those
2745     measures have received.
2746          (c) (i) Within 10 days after the day on which the local legislative [body's] body issues
2747     the proclamation, any qualified voter who signed the initiative petition proposing the law that
2748     is declared by the local legislative body to be superseded by another measure approved at the
2749     same election may bring an action in [district court, or, if the Supreme Court has original
2750     jurisdiction, the Supreme Court] the appropriate court to review the decision.
2751          (ii) The court shall:
2752          (A) consider the matter and decide whether the proposed laws are entirely in conflict;
2753     and
2754          (B) issue an order, consistent with the court's decision, to the local legislative body.
2755          (4) Within 10 days after the day on which the court [certifies the decision] enters an

2756     order under Subsection (3)(c)(ii), the local legislative body shall:
2757          (a) proclaim as law all measures approved by the people that the court determines are
2758     not in conflict; and
2759          (b) for the measures approved by the people as law that the court determines to be in
2760     conflict, proclaim as law the measure that received the greatest number of affirmative votes,
2761     regardless of the difference in majorities.
2762          Section 36. Section 20A-7-601 is amended to read:
2763          20A-7-601. Referenda -- General signature requirements -- Signature
2764     requirements for land use laws and subjurisdictional laws -- Time requirements.
2765          (1) As used in this section:
2766          (a) "Number of active voters" means the number of active voters in the county, city, or
2767     town on the immediately preceding January 1.
2768          (b) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
2769     jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
2770          (c) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
2771     local legislative body that imposes a tax or other payment obligation on property in an area that
2772     does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
2773     or metro township.
2774          (ii) "Subjurisdictional law" does not include a land use law.
2775          (d) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
2776     or (2)(b).
2777          (2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
2778     law passed by the local legislative body submitted to a vote of the people shall obtain legal
2779     signatures equal to:
2780          (a) for a county of the first class:
2781          (i) 7.75% of the number of active voters in the county; and
2782          (ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%

2783     of the county's voter participation areas;
2784          (b) for a metro township with a population of 100,000 or more, or a city of the first
2785     class:
2786          (i) 7.5% of the number of active voters in the metro township or city; and
2787          (ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
2788     of the metro township's or city's voter participation areas;
2789          (c) for a county of the second class:
2790          (i) 8% of the number of active voters in the county; and
2791          (ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
2792     the county's voter participation areas;
2793          (d) for a metro township with a population of 65,000 or more but less than 100,000, or
2794     a city of the second class:
2795          (i) 8.25% of the number of active voters in the metro township or city; and
2796          (ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
2797     of the metro township's or city's voter participation areas;
2798          (e) for a county of the third class:
2799          (i) 9.5% of the number of active voters in the county; and
2800          (ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
2801     of the county's voter participation areas;
2802          (f) for a metro township with a population of 30,000 or more but less than 65,000, or a
2803     city of the third class:
2804          (i) 10% of the number of active voters in the metro township or city; and
2805          (ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
2806     of the metro township's or city's voter participation areas;
2807          (g) for a county of the fourth class:
2808          (i) 11.5% of the number of active voters in the county; and
2809          (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%

2810     of the county's voter participation areas;
2811          (h) for a metro township with a population of 10,000 or more but less than 30,000, or a
2812     city of the fourth class:
2813          (i) 11.5% of the number of active voters in the metro township or city; and
2814          (ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
2815     of the metro township's or city's voter participation areas;
2816          (i) for a metro township with a population of 1,000 or more but less than 10,000, a city
2817     of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
2818     township, city, or county; or
2819          (j) for a metro township with a population of less than 1,000, a town, or a county of the
2820     sixth class, 35% of the number of active voters in the metro township, town, or county.
2821          (3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
2822     law or local obligation law passed by the local legislative body submitted to a vote of the
2823     people shall obtain legal signatures equal to:
2824          (a) for a county of the first, second, third, or fourth class:
2825          (i) 16% of the number of active voters in the county; and
2826          (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
2827     of the county's voter participation areas;
2828          (b) for a county of the fifth or sixth class:
2829          (i) 16% of the number of active voters in the county; and
2830          (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
2831     of the county's voter participation areas;
2832          (c) for a metro township with a population of 100,000 or more, or a city of the first
2833     class:
2834          (i) 15% of the number of active voters in the metro township or city; and
2835          (ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
2836     of the metro township's or city's voter participation areas;

2837          (d) for a metro township with a population of 65,000 or more but less than 100,000, or
2838     a city of the second class:
2839          (i) 16% of the number of active voters in the metro township or city; and
2840          (ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
2841     of the metro township's or city's voter participation areas;
2842          (e) for a metro township with a population of 30,000 or more but less than 65,000, or a
2843     city of the third class:
2844          (i) 27.5% of the number of active voters in the metro township or city; and
2845          (ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
2846     of the metro township's or city's voter participation areas;
2847          (f) for a metro township with a population of 10,000 or more but less than 30,000, or a
2848     city of the fourth class:
2849          (i) 29% of the number of active voters in the metro township or city; and
2850          (ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
2851     of the metro township's or city's voter participation areas;
2852          (g) for a metro township with a population of 1,000 or more but less than 10,000, or a
2853     city of the fifth class, 35% of the number of active voters in the metro township or city; or
2854          (h) for a metro township with a population of less than 1,000 or a town, 40% of the
2855     number of active voters in the metro township or town.
2856          (4) A person seeking to have a subjurisdictional law passed by the local legislative
2857     body submitted to a vote of the people shall obtain legal signatures of the residents in the
2858     subjurisdiction equal to:
2859          (a) 10% of the number of active voters in the subjurisdiction if the number of active
2860     voters exceeds 25,000;
2861          (b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
2862     active voters does not exceed 25,000 but is more than 10,000;
2863          (c) 15% of the number of active voters in the subjurisdiction if the number of active

2864     voters does not exceed 10,000 but is more than 2,500;
2865          (d) 20% of the number of active voters in the subjurisdiction if the number of active
2866     voters does not exceed 2,500 but is more than 500;
2867          (e) 25% of the number of active voters in the subjurisdiction if the number of active
2868     voters does not exceed 500 but is more than 250; and
2869          (f) 30% of the number of active voters in the subjurisdiction if the number of active
2870     voters does not exceed 250.
2871          (5) [(a)] Sponsors of any referendum petition challenging, under Subsection (2), (3), or
2872     (4), any local law passed by a local legislative body shall file the application before 5 p.m.
2873     within seven days after the day on which the local law was passed.
2874          [(b) Except as provided in Subsection (5)(c), when a referendum petition has been
2875     declared sufficient, the local law that is the subject of the petition does not take effect unless
2876     and until the local law is approved by a vote of the people.]
2877          [(c) When a referendum petition challenging a subjurisdictional law has been declared
2878     sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
2879     and until the subjurisdictional law is approved by a vote of the people who reside in the
2880     subjurisdiction.]
2881          [(6) If the referendum passes, the local law that was challenged by the referendum is
2882     repealed as of the date of the election.]
2883          [(7)] (6) Nothing in this section authorizes a local legislative body to impose a tax or
2884     other payment obligation on a subjurisdiction in order to benefit an area outside of the
2885     subjurisdiction.
2886          Section 37. Section 20A-7-602 is amended to read:
2887          20A-7-602. Local referendum process -- Application procedures.
2888          (1) [An eligible voter] Individuals wishing to circulate a referendum petition shall file
2889     an application with the local clerk.
2890          (2) The application shall contain:

2891          (a) the name and residence address of at least five sponsors of the referendum petition;
2892          [(b) a certification indicating that each of the sponsors is a resident of Utah;]
2893          [(c)] (b) a statement indicating that each of the sponsors [has voted in an election in
2894     Utah in the last three years;] is registered to vote in Utah;
2895          (c) a statement indicating whether persons gathering signatures for the petition may be
2896     paid for gathering signatures;
2897          (d) the signature of each of the sponsors, acknowledged by a notary public; and
2898          (e) (i) if the referendum challenges an ordinance or resolution, one copy of the law; or
2899          (ii) if the referendum challenges a local law that is not an ordinance or resolution, a
2900     written description of the local law, including the result of the vote on the local law.
2901          Section 38. Section 20A-7-603 is amended to read:
2902          20A-7-603. Form of referendum petition and signature sheets.
2903          (1) (a) Each proposed referendum petition shall be printed in substantially the
2904     following form:
2905          "REFERENDUM PETITION To the Honorable ____, County Clerk/City
2906     Recorder/Town Clerk:
2907          We, the undersigned citizens of Utah, respectfully order that (description of local law or
2908     portion of local law being challenged), passed by the ____ be referred to the voters for their
2909     approval or rejection at the regular/municipal general election to be held on
2910     __________(month\day\year);
2911          Each signer says:
2912          I have personally signed this petition;
2913          The date next to my signature correctly reflects the date that I actually signed the
2914     petition;
2915          I have personally reviewed the entire statement included with this packet;
2916          I am registered to vote in Utah or intend to become registered to vote in Utah before the
2917     certification of the petition names by the county clerk; and

2918          My residence and post office address are written correctly after my name.".
2919          (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
2920     law that is the subject of the referendum to each referendum petition.
2921          (2) Each signature sheet shall:
2922          (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2923          (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2924     that line blank for the purpose of binding;
2925          (c) contain the title of the referendum printed below the horizontal line, in at least
2926     14-point bold type;
2927          (d) contain the word "Warning" printed or typed at the top of each signature sheet
2928     under the title of the referendum;
2929          (e) contain, to the right of the word "Warning," the following statement printed or
2930     typed in not less than eight-point[, single-leaded] type:
2931          "It is a class A misdemeanor for an individual to sign a referendum petition with any
2932     other name than the individual's own name, or to knowingly sign the individual's name more
2933     than once for the same measure, or to sign a referendum petition when the individual knows
2934     that the individual is not a registered voter and knows that the individual does not intend to
2935     become registered to vote before the certification of the petition names by the county clerk.";
2936          (f) contain horizontally ruled lines three-eighths inch apart under the ["Warning"]
2937     warning statement [required by this section] described in Subsection (2)(e);
2938          (g) be vertically divided into columns as follows:
2939          (i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
2940     be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
2941          (ii) the second column shall be .25 inch wide;
2942          (iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
2943     Name (must be legible to be counted)";
2944          (iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered

2945     Voter";
2946          (v) the fifth column shall be .75 inch wide, headed "Date Signed";
2947          (vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
2948     Code"; and
2949          (vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
2950          (h) be horizontally divided into rows as follows:
2951          (i) the top of the first row, for the purpose of entering the information described in
2952     Subsection (2)(g), shall be .5 inch high;
2953          (ii) the second row shall be .15 inch high and contain the following statement printed
2954     or typed in not less than [eight-point, single-leaded] 12-point type: "By signing this petition,
2955     you are stating that you have read and understand the law this petition seeks to overturn."; and
2956          (iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
2957     bottom of the sheet for the information described in Subsection (2)(i); and
2958          (i) at the bottom of the sheet, contain the following statement: "Birth date or age
2959     information is not required, but it may be used to verify your identity with voter registration
2960     records. If you choose not to provide it, your signature may not be verified as a valid signature
2961     if you change your address before petition signatures are verified or if the information you
2962     provide does not match your voter registration records.".
2963          (3) The final page of each referendum packet shall contain the following printed or
2964     typed statement:
2965          "Verification
2966          State of Utah, County of ____
2967          I, _______________, of ____, hereby state, under penalty of perjury, that:
2968          I am a resident of Utah and am at least 18 years old;
2969          All the names that appear in this [referendum] packet were signed by individuals who
2970     professed to be the individuals whose names appear in it, and each of the individuals signed the
2971     individual's name on it in my presence;

2972          I did not knowingly make a misrepresentation of fact concerning the law this petition
2973     seeks to overturn;
2974          I believe that each individual has printed and signed the individual's name and written
2975     the individual's post office address and residence correctly, that each signer has read and
2976     understands the law that the referendum seeks to overturn, and that each signer is registered to
2977     vote in Utah or intends to become registered to vote before the certification of the petition
2978     names by the county clerk.
2979          [_____________________________"]
2980          [(4) The forms prescribed in this section are not mandatory, and, if]
2981          Each individual who signed the packet wrote the correct date of signature next to the
2982     individual's name.
2983          I have not paid or given anything of value to any individual who signed this petition to
2984     encourage that individual to sign it.
2985          _____________________________________________________________________
2986          (Name) (Residence Address) (Date)".
2987          (4) If the forms described in this section are substantially followed, the referendum
2988     petitions are sufficient, notwithstanding clerical and merely technical errors.
2989          (5) An individual's status as a resident, under Subsection (3), is determined in
2990     accordance with Section 20A-2-105.
2991          Section 39. Section 20A-7-604 is amended to read:
2992          20A-7-604. Circulation requirements -- Local clerk to provide sponsors with
2993     materials.
2994          (1) In order to obtain the necessary number of signatures required by this part, the
2995     sponsors or an agent of the sponsors shall, after the sponsors receive the documents described
2996     in [Subsection] Subsections (2) and [Subsection] 20A-7-401.5(4)(b), circulate referendum
2997     packets that meet the form requirements of this part.
2998          (2) Within five days after the day on which a county, city, town, metro township, or

2999     court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is
3000     legally referable to voters, the local clerk shall furnish to the sponsors:
3001          (a) a copy of the referendum petition; and
3002          (b) a signature sheet.
3003          (3) The sponsors of the petition shall:
3004          (a) arrange and pay for the printing of all additional copies of the petition and signature
3005     sheets; and
3006          (b) ensure that the copies of the petition and signature sheets meet the form
3007     requirements of this section.
3008          (4) (a) The sponsors or an agent of the sponsors may prepare the referendum for
3009     circulation by creating multiple referendum packets.
3010          (b) The sponsors or an agent of the sponsors shall create [those] referendum packets by
3011     binding a copy of the referendum petition, a copy of the law that is the subject of the
3012     referendum, and no more than 50 signature sheets together at the top in [such a way] a manner
3013     that the packets may be conveniently opened for signing.
3014          (c) [The sponsors need not attach] A referendum packet is not required to have a
3015     uniform number of signature sheets [to each referendum packet].
3016          (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
3017     the proposition information pamphlet provided to the sponsors under Subsection
3018     20A-7-401.5(4)(b).
3019          (5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
3020          (i) contact the county clerk to receive a range of numbers that the sponsors may use to
3021     number signature packets; and
3022          (ii) number each signature packet, sequentially, within the range of numbers provided
3023     by the county clerk, starting with the lowest number in the range.
3024          (b) The sponsors or an agent of the sponsors may not:
3025          (i) number a signature packet in a manner not directed by the county clerk; or

3026          (ii) circulate or submit a signature packet that is not numbered in the manner directed
3027     by the county clerk.
3028          (c) The county clerk shall keep a record of the number range provided under
3029     Subsection (5)(a).
3030          Section 40. Section 20A-7-605 is amended to read:
3031          20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
3032          (1) [Any] A Utah voter may sign a local referendum petition if the voter is a legal voter
3033     and resides in the local jurisdiction.
3034          (2) (a) The sponsors shall ensure that the individual in whose presence each signature
3035     sheet was signed:
3036          (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;
3037     [and]
3038          (ii) verifies each signature sheet by completing the verification printed on the last page
3039     of each referendum packet[.]; and
3040          (iii) is informed that each signer is required to read and understand the law that the
3041     referendum seeks to overturn.
3042          (b) An individual may not sign the verification printed on the last page of the
3043     referendum packet if the individual signed a signature sheet in the referendum packet.
3044          [(3) (a) Any voter who has signed a referendum petition may have the voter's signature
3045     removed from the petition by submitting a statement to that effect to the county clerk.]
3046          [(b) Except as provided in Subsection (3)(c), upon receipt of the statement, the county
3047     clerk shall remove the signature of the individual submitting the statement from the referendum
3048     petition.]
3049          [(c) A county clerk may not remove signatures from a referendum petition later than
3050     seven days after the day on which the sponsors timely submit the last signature packet to the
3051     county clerk.]
3052          [(4) The sponsors of a referendum petition:]

3053          [(a) shall, for each signature packet:]
3054          [(i) within seven days after the day on which the first individual signs the signature
3055     packet, provide a clear, legible image of all signatures on the signature packet to the county
3056     clerk via email or other electronic means; and]
3057          [(ii) immediately send a new image if the county clerk informs the sponsors that the
3058     image is not clear and legible;]
3059          [(b) may not permit additional signatures on a signature packet of which the sponsors
3060     have sent an image under Subsection (4)(a); and]
3061          [(c) may not submit a signature packet to the county clerk unless the sponsors timely
3062     comply with the requirements of Subsection (4)(a) in relation to the signature packet.]
3063          [(5) Each person who gathers a signature removal statement described in Subsection
3064     (3):]
3065          [(a) shall, within seven days after the day on which the individual signs the signature
3066     removal statement, provide a clear, legible image of the statement to the county clerk via email
3067     or other electronic means; and]
3068          [(b) shall, immediately send a new image if the local clerk informs the sender that the
3069     image is not clear and legible; and]
3070          [(c) may not submit a signature removal statement to the county clerk, unless the
3071     sender timely complies with the requirements of Subsections (5)(a) and (b) in relation to the
3072     signature removal statement.]
3073          [(6) (a) The county clerk shall provide to an individual, upon request, a document or
3074     electronic list containing the name and voter identification number of each individual who
3075     signed the referendum packet.]
3076          [(b) Subject to Subsection 20A-7-606.3(3), the local clerk may begin certifying,
3077     removing, and tallying signatures upon receipt of an image described in Subsection (4) or (5).]
3078          (3) (a) A voter who has signed a referendum petition may have the voter's signature
3079     removed from the petition by submitting to the county clerk a statement requesting that the

3080     voter's signature be removed no later than the earlier of:
3081          (i) 30 days after the day on which the voter signs the statement requesting removal; or
3082          (ii) 45 days after the day on which the local clerk posts the voter's name under
3083     Subsection 20A-7-607(2)(a).
3084          (b) (i) The statement shall include:
3085          (A) the name of the voter;
3086          (B) the resident address at which the voter is registered to vote;
3087          (C) the signature of the voter; and
3088          (D) the date of the signature described in Subsection (3)(b)(i)(C).
3089          (ii) To increase the likelihood of the voter's signature being identified and removed, the
3090     statement may include the voter's birth date or age.
3091          (c) A voter may not submit a statement by email or other electronic means.
3092          (d) In order for the signature to be removed, the county clerk must receive the
3093     statement before 5 p.m. no later than 45 days after the day on which the local clerk posts the
3094     voter's name under Subsection 20A-7-607(2)(a).
3095          (e) A person may only remove a signature from a referendum petition in accordance
3096     with this Subsection (3).
3097          (f) A county clerk shall analyze a signature, for purposes of removing a signature from
3098     a referendum petition, in accordance with Section 20A-7-606.3.
3099          Section 41. Section 20A-7-606 is amended to read:
3100          20A-7-606. Submitting the referendum petition -- Certification of signatures by
3101     the county clerks -- Transfer to local clerk.
3102          (1) (a) The sponsors or an agent of the sponsors shall [deliver each] submit a signed
3103     and verified referendum packet to the county clerk of the county in which the packet was
3104     circulated before 5 p.m. no later than the earlier of:
3105          (i) 30 days after the day on which the first individual signs the referendum packet; or
3106          (ii) 45 days after the day on which the sponsors receive the items described in

3107     Subsection 20A-7-604(2) from the local clerk.
3108          (b) A [sponsor] person may not submit a referendum packet after the deadline
3109     [established in this] described in Subsection (1)(a).
3110          [(2) (a) No later than 15 days after the day on which a county clerk receives a
3111     referendum packet under Subsection (1)(a), the county clerk shall:]
3112          [(i) check the names of all persons completing the verification on the last page of each
3113     referendum packet to determine whether those persons are Utah residents and are at least 18
3114     years old; and]
3115          [(ii) submit the name of each of those persons who is not a Utah resident or who is not
3116     at least 18 years old to the attorney general and county attorney.]
3117          [(b) The county clerk may not certify a signature under Subsection (3) on a referendum
3118     packet that is not verified in accordance with Section 20A-7-605.]
3119          [(3)] (2) No later than [30] 21 days after the day on which a county clerk receives a
3120     verified referendum packet under Subsection (1)(a), the county clerk shall:
3121          (a) determine whether each signer is a registered voter according to the requirements of
3122     Section 20A-7-606.3;
3123          (b) certify on the [referendum] petition whether each name is that of a registered voter;
3124     [and]
3125          (c) provide the name and voter identification number of each registered voter certified
3126     under Subsection (2)(b); and
3127          [(c)] (d) deliver [all of] the verified [referendum packets] packet to the local clerk.
3128          (3) (a) If the county clerk timely receives a statement requesting signature removal
3129     under Subsection 20A-7-605(3), the county clerk shall:
3130          (i) ensure that the voter's name and voter identification number are not included in the
3131     posting described in Subsection 20A-7-607(2)(a); and
3132          (ii) remove the voter's signature from the signature packets and signature packet totals.
3133          (b) The county clerk shall comply with Subsection (3)(a) before the later of:

3134          (i) the deadline described in Subsection (2); or
3135          (ii) two business days after the day on which the county clerk receives a statement
3136     requesting signature removal under Subsection 20A-7-605(3).
3137          (c) The local clerk shall post a link in a conspicuous location on the local government's
3138     website to the posting described in Subsection 20A-7-607(2)(a) during the period of time
3139     described in Subsection 20A-7-607(2)(a)(i).
3140          (4) The county clerk may not certify a signature under Subsection (2):
3141          (a) on a referendum packet that is not verified in accordance with Section 20A-7-605;
3142     or
3143          (b) that does not have a date of signature next to the signature.
3144          (5) A person may not retrieve a referendum packet from a county clerk, or make any
3145     alterations or corrections to a referendum packet, after the referendum packet is submitted to
3146     the county clerk.
3147          Section 42. Section 20A-7-606.3 is amended to read:
3148          20A-7-606.3. Verification of petition signatures.
3149          (1) As used in this section:
3150          (a) [For the purposes of this section, "substantially] "Substantially similar name"
3151     means:
3152          (i) the given name and surname shown on the petition, or both, contain only minor
3153     spelling differences when compared to the given name and surname shown on the official
3154     register;
3155          (ii) the surname shown on the petition exactly matches the surname shown on the
3156     official register, and the given names differ only because one of the given names shown is a
3157     commonly used abbreviation or variation of the other;
3158          (iii) the surname shown on the petition exactly matches the surname shown on the
3159     official register, and the given names differ only because one of the given names shown is
3160     accompanied by a first or middle initial or a middle name which is not shown on the other

3161     record; or
3162          (iv) the surname shown on the petition exactly matches the surname shown on the
3163     official register, and the given names differ only because one of the given names shown is an
3164     alphabetically corresponding initial that has been provided in the place of a given name shown
3165     on the other record.
3166          (b) [For the purposes of this section, "substantially] "Substantially similar name" does
3167     not mean a name having an initial or a middle name shown on the petition that does not match
3168     a different initial or middle name shown on the official register.
3169          (2) The county clerk shall use the following procedures in determining whether [or not]
3170     a signer is a registered voter:
3171          (a) When a signer's name and address shown on the petition exactly match a name and
3172     address shown on the official register and the signer's signature appears substantially similar to
3173     the signature on the statewide voter registration database, the county clerk shall declare the
3174     signature valid.
3175          (b) When there is no exact match of an address and a name, the county clerk shall
3176     declare the signature valid if:
3177          (i) the address on the petition matches the address of an individual on the official
3178     register with a substantially similar name; and
3179          (ii) the signer's signature appears substantially similar to the signature on the statewide
3180     voter registration database of the individual described in Subsection (2)(b)(i).
3181          (c) When there is no match of an address and a substantially similar name, the county
3182     clerk shall declare the signature valid if:
3183          (i) the birth date or age on the petition matches the birth date or age of an individual on
3184     the official register with a substantially similar name; and
3185          (ii) the signer's signature appears substantially similar to the signature on the statewide
3186     voter registration database of the individual described in Subsection (2)(c)(i).
3187          (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county

3188     clerk shall declare the signature to be invalid.
3189          [(3) The county clerk may not provide a final verification of the signature packets
3190     submitted for a proposed referendum until eight days after the day on which a sponsor submits
3191     the final, timely signature packet to the county clerk to be certified.]
3192          (3) The county clerk shall use the following procedures in determining whether to
3193     remove a signature from a petition after receiving a timely, valid statement requesting removal
3194     of the signature:
3195          (a) if a signer's name and address shown on the statement and the petition exactly
3196     match a name and address shown on the official register and the signer's signature on both the
3197     statement and the petition appears substantially similar to the signature on the statewide voter
3198     registration database, the county clerk shall remove the signature from the petition;
3199          (b) if there is no exact match of an address and a name, the county clerk shall remove
3200     the signature from the petition if:
3201          (i) the address on the statement and the petition matches the address of an individual
3202     on the official register with a substantially similar name; and
3203          (ii) the signer's signature on both the statement and the petition appears substantially
3204     similar to the signature on the statewide voter registration database of the individual described
3205     in Subsection (3)(b)(i);
3206          (c) if there is no match of an address and a substantially similar name, the county clerk
3207     shall remove the signature from the petition if:
3208          (i) the birth date or age on the statement and petition match the birth date or age of an
3209     individual on the official register with a substantially similar name; and
3210          (ii) the signer's signature on both the statement and the petition appears substantially
3211     similar to the signature on the statewide voter registration database of the individual described
3212     in Subsection (3)(c)(i); and
3213          (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
3214     county clerk may not remove the signature from the petition.

3215          Section 43. Section 20A-7-607 is amended to read:
3216          20A-7-607. Evaluation by the local clerk -- Determination of election for vote on
3217     referendum.
3218          (1) When [each] the local clerk receives a referendum packet [is received] from a
3219     county clerk, the local clerk shall [check off from the local clerk's] record the number of [each]
3220     the referendum packet [filed] received.
3221          [(2) Within two days after the day on which the local clerk receives each referendum
3222     packet from a county clerk, the local clerk shall:]
3223          [(a) count the number of the names certified by the county clerks that appear on each
3224     verified signature sheet;]
3225          (2) (a) The county clerk shall:
3226          (i) post the names and voter identification numbers described in Subsection
3227     20A-7-606(3)(c) on the lieutenant governor's website, in a conspicuous location designated by
3228     the lieutenant governor, for at least 45 days; and
3229          (ii) update on the local clerk's website the number of signatures certified as of the date
3230     of the update.
3231          (b) The local clerk:
3232          (i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
3233     or insufficient no later than 111 days after the day of the deadline, described in Subsection
3234     20A-7-606(1), to submit a referendum packet to the county clerk; or
3235          (ii) may declare the petition to be insufficient before the day described in Subsection
3236     (2)(b)(i) if:
3237          (A) the total of all valid signatures on timely and lawfully submitted signature packets
3238     that have been certified by the county clerk, plus the number of signatures on timely and
3239     lawfully submitted signature packets that have not yet been evaluated for certification, is less
3240     than the number of names required under Section 20A-7-601; or
3241          (B) a requirement of this part has not been met.

3242          [(b)] (c) [if] If the total number of [certified names from each verified signature sheet]
3243     names certified under this Subsection (2) equals or exceeds the number of names required [by]
3244     under Section 20A-7-601, and the requirements of this part are met, the local clerk shall mark
3245     upon the front of the petition the word "sufficient";
3246          [(c)] (d) [if] If the total number of [certified names from each verified signature sheet]
3247     names certified under this Subsection (2) does not equal or exceed the number of names
3248     required [by] under Section 20A-7-601 or a requirement of this part is not met, the local clerk
3249     shall mark upon the front of the petition the word "insufficient."[; and]
3250          [(d)] (e) The local clerk shall immediately notify any one of the sponsors of the local
3251     clerk's finding.
3252          (f) After a petition is declared insufficient, a person may not submit additional
3253     signatures to qualify the petition for the ballot.
3254          [(3) If the local clerk finds the total number of certified signatures from each verified
3255     signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
3256     for a recount of the signatures appearing on the referendum petition in the presence of any
3257     sponsor.]
3258          [(4)] (3) (a) If the local clerk refuses to accept and file any referendum petition, any
3259     voter may apply to a court for an extraordinary writ to compel the local clerk to do so within 10
3260     days after the refusal.
3261          (b) If [a] the court determines that the referendum petition is legally sufficient, the local
3262     clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
3263     the date on which [it] the petition was originally offered for filing in the local clerk's office.
3264          (c) If [a] the court determines that any petition filed is not legally sufficient, the court
3265     may enjoin the local clerk and all other officers from:
3266          (i) certifying or printing the ballot title and numbers of that measure on the official
3267     ballot for the next election; or
3268          (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,

3269     or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.
3270          [(5)] (4) A petition determined to be sufficient in accordance with this section is
3271     qualified for the ballot.
3272          [(6)] (5) (a) If a referendum relates to legislative action taken after April 15, the
3273     election officer may not place the referendum on an election ballot until a primary election, a
3274     general election, or a special election the following year.
3275          (b) For a referendum on a land use law, if, before August 30, the local clerk or a court
3276     determines that the total number of certified names equals or exceeds the number of signatures
3277     required in Section 20A-7-601, the election officer shall place the referendum on the election
3278     ballot for the next general election.
3279          Section 44. Section 20A-7-608 is amended to read:
3280          20A-7-608. Ballot title -- Duties of local clerk and local attorney.
3281          (1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
3282     petition and the proposed law to the local attorney.
3283          (2) The local attorney shall:
3284          (a) entitle each county or municipal referendum that [has qualified] qualifies for the
3285     ballot "Proposition Number __" and give [it] the referendum a number [as] assigned [under] in
3286     accordance with Section 20A-6-107;
3287          (b) prepare a proposed ballot title for the referendum;
3288          (c) file the proposed ballot title and the numbered referendum [titles] title with the
3289     local clerk within 20 days after the day on which an eligible voter submits the referendum
3290     petition to the local clerk; and
3291          (d) promptly provide notice of the filing of the proposed ballot title to:
3292          (i) the sponsors of the petition; and
3293          (ii) the local legislative body for the jurisdiction where the referendum petition was
3294     circulated.
3295          (3) (a) The ballot title may be distinct from the title of the law that is the subject of the

3296     petition, and shall express, in not exceeding 100 words, the purpose of the measure.
3297          (b) In preparing a ballot title, the local attorney shall, to the best of the local attorney's
3298     ability, give a true and impartial statement of the purpose of the measure.
3299          (c) The ballot title may not intentionally be an argument, or likely to create prejudice,
3300     for or against the measure.
3301          (4) (a) Within five calendar days after the [date] day on which the local attorney files a
3302     proposed ballot title under Subsection (2)(c), the local legislative body for the jurisdiction
3303     where the referendum petition was circulated and the sponsors of the petition may file written
3304     comments in response to the proposed ballot title with the local clerk.
3305          (b) Within five calendar days after the last date to submit written comments under
3306     Subsection (4)(a), the local attorney shall:
3307          (i) review any written comments filed in accordance with Subsection (4)(a);
3308          (ii) prepare a final ballot title that meets the requirements of Subsection (3); and
3309          (iii) return the petition and file the ballot title with the local clerk.
3310          (c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
3311     be printed on the official ballot.
3312          (5) Immediately after the local attorney files a copy of the ballot title with the local
3313     clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
3314     petition and the local legislative body for the jurisdiction where the referendum petition was
3315     circulated.
3316          (6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
3317     comply with the requirements of this section, the decision of the local attorney may be
3318     appealed to the [district court, or, if the Supreme Court has original jurisdiction, to the
3319     Supreme Court, brought] appropriate court by:
3320          (i) at least three sponsors of the referendum petition; or
3321          (ii) a majority of the local legislative body for the jurisdiction where the referendum
3322     petition was circulated.

3323          (b) The court:
3324          (i) shall examine the measures and consider the arguments; and
3325          (ii) may issue an order to the local clerk that includes a ballot title for the measure that
3326     fulfills the intent of this section.
3327          (c) The local clerk shall print the title [certified], as directed by the court, on the
3328     official ballot.
3329          Section 45. Section 20A-7-610 is amended to read:
3330          20A-7-610. Return and canvass -- Conflicting measures -- Law effective on
3331     proclamation.
3332          (1) The votes on the proposed law that is the subject of the referendum petition shall be
3333     counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing
3334     Returns.
3335          (2) After the local board of canvassers completes the canvass, the local clerk shall
3336     certify to the local legislative body the vote for and against the proposed law that is the subject
3337     of the referendum petition.
3338          (3) (a) The local legislative body shall immediately issue a proclamation that:
3339          (i) gives the total number of votes cast in the local jurisdiction for and against each
3340     proposed law that is the subject of a referendum petition; and
3341          (ii) in accordance with Section 20A-7-611, declares those laws that are the subject of a
3342     referendum petition that were approved by majority vote to be in full force and effect as the law
3343     of the local jurisdiction.
3344          (b) When the local legislative body determines that two proposed laws, or that parts of
3345     two proposed laws approved by the people at the same election are entirely in conflict, [they]
3346     the local legislative body shall proclaim that measure to be law that [has] received the greatest
3347     number of affirmative votes, regardless of the difference in the majorities which those
3348     measures have received.
3349          (4) (a) Within 10 days after the day on which the local legislative [body's] body issues

3350     the proclamation, any qualified voter residing in the jurisdiction for a law that is declared by
3351     the local legislative body to be superseded by another measure approved at the same election
3352     may bring an action in [a district court, or, if the Supreme Court has original jurisdiction, the
3353     Supreme Court] the appropriate court to review the decision.
3354          (b) The court shall:
3355          (i) consider the matter and decide whether the proposed laws are entirely in conflict;
3356     and
3357          (ii) issue an order, consistent with the court's decision, to the local legislative body.
3358          (5) Within 10 days after the day on which the court [certifies the decision] enters an
3359     order under Subsection (4)(b)(ii), the local legislative body shall:
3360          (a) proclaim as law all measures approved by the people that the court determines are
3361     not in conflict; and
3362          (b) for the measures approved by the people as law that the court determines to be in
3363     conflict, proclaim as law the measure that received the greatest number of affirmative votes,
3364     regardless of the difference in majorities.
3365          Section 46. Section 20A-7-611 is amended to read:
3366          20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative
3367     body.
3368          (1) Any proposed law submitted to the people by referendum petition that is rejected by
3369     the voters at any election is repealed as of the date of the election.
3370          (2) If, at the time during the process described in Subsection 20A-7-307(2), the local
3371     clerk determines that, at that point in time, an adequate number of signatures are certified to
3372     comply with the signature requirements, the local clerk shall:
3373          (a) issue an order temporarily staying the law from going into effect; and
3374          (b) continue the process of certifying signatures and removing signatures as required by
3375     this part.
3376          (3) The temporary stay described in Subsection (2) remains in effect, regardless of

3377     whether a future count falls below the signature threshold, until the day on which:
3378          (a) if the local clerk declares the petition insufficient, five days after the day on which
3379     the local clerk declares the petition insufficient; or
3380          (b) if the local clerk declares the petition sufficient, the day on which the local
3381     legislative body issues the proclamation described in Section 20A-7-610.
3382          (4) A proposed law submitted to the people by referendum petition that is approved by
3383     the voters at an election takes effect the later of:
3384          (a) five days after the date of the official proclamation of the vote by the local
3385     legislative body; or
3386          (b) the effective date specified in the proposed law.
3387          (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the
3388     local clerk declares the petition insufficient, the proposed law takes effect the later of:
3389          (a) five days after the day on which the local clerk declares the petition insufficient; or
3390          (b) the effective date specified in the proposed law.
3391          (6) (a) A law adopted by the people under this part is not subject to veto.
3392          (b) The local legislative body may amend any laws approved by the people under this
3393     part after the people approve the law.
3394          (7) If the local legislative body repeals a law challenged by referendum petition under
3395     this part, the referendum petition is void and no further action on the referendum petition is
3396     required.
3397          Section 47. Section 20A-7-613 is amended to read:
3398          20A-7-613. Property tax referendum petition.
3399          (1) As used in this section, "certified tax rate" means the same as that term is defined in
3400     Section 59-2-924.
3401          (2) Except as provided in this section, the requirements of this part apply to a
3402     referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
3403     exceeds the certified tax rate.

3404          (3) Notwithstanding Subsection 20A-7-606(1), the sponsors or an agent of the sponsors
3405     shall deliver [each] a signed and verified referendum packet to the county clerk of the county in
3406     which the packet was circulated before 5 p.m. no later than the earlier of:
3407          (a) 30 days after the day on which the first individual signs the packet; or
3408          (b) 40 days after the day on which the local clerk complies with Subsection
3409     20A-7-604(2).
3410          (4) Notwithstanding Subsections 20A-7-606(2) and (3), the county clerk shall take the
3411     actions required in Subsections 20A-7-606(2) and (3) within 10 working days after the day on
3412     which the county clerk receives the signed and verified referendum packet as described in
3413     Subsection (3).
3414          (5) The local clerk shall take the actions required by Section 20A-7-607 within two
3415     working days after the day on which the local clerk receives the referendum packets from the
3416     county clerk.
3417          (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the
3418     ballot title within two working days after the day on which the referendum petition is declared
3419     sufficient for submission to a vote of the people.
3420          (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the
3421     ballot under this section shall appear on the ballot for the earlier of the next regular general
3422     election or the next municipal general election unless a special election is called.
3423          (8) The election officer shall mail manual ballots on a referendum under this section the
3424     later of:
3425          (a) the time provided in Section 20A-3a-202 or 20A-16-403; or
3426          (b) the time that ballots are prepared for mailing under this section.
3427          (9) Section 20A-7-402 does not apply to a referendum described in this section.
3428          (10) (a) If a majority of voters does not vote against imposing the tax at a rate
3429     calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
3430     entity's legislative body:

3431          (i) the certified tax rate for the fiscal year during which the referendum petition is filed
3432     is its most recent certified tax rate; and
3433          (ii) the proposed increased revenues for purposes of establishing the certified tax rate
3434     for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
3435     increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
3436     before the filing of the referendum petition.
3437          (b) If a majority of voters votes against imposing a tax at the rate established by the
3438     vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
3439     taxing entity's most recent certified tax rate.
3440          (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
3441     required to comply with the notice and public hearing requirements of Section 59-2-919 if the
3442     taxing entity complies with those notice and public hearing requirements before the referendum
3443     petition is filed.
3444          (11) The ballot title shall, at a minimum, include in substantially this form the
3445     following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
3446     sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
3447     budgeted, adopted, and approved by the [name of the taxing entity].".
3448          (12) A taxing entity shall pay the county the costs incurred by the county that are
3449     directly related to meeting the requirements of this section and that the county would not have
3450     incurred but for compliance with this section.
3451          (13) (a) An election officer shall include on a ballot a referendum that has not yet
3452     qualified for placement on the ballot, if:
3453          (i) sponsors file an application for a referendum described in this section;
3454          (ii) the ballot will be used for the election for which the sponsors are attempting to
3455     qualify the referendum; and
3456          (iii) the deadline for qualifying the referendum for placement on the ballot occurs after
3457     the day on which the ballot will be printed.

3458          (b) If an election officer includes on a ballot a referendum described in Subsection
3459     (13)(a), the ballot title shall comply with Subsection (11).
3460          (c) If an election officer includes on a ballot a referendum described in Subsection
3461     (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
3462     voters by any practicable method that the referendum has not qualified for the ballot and that
3463     votes cast in relation to the referendum will not be counted.
3464          Section 48. Repealer.
3465          This bill repeals:
3466          Section 20A-7-205.5, Initial disclosures -- Paid circulators.