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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)[
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)[
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 [
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)[
626 20A-7-607[
627 (ii) a court determines, under Subsection 20A-7-607[
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)[
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)[
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 [
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)[
1225 20A-7-303(2)(h)(ii), 20A-7-503(2)[
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) [
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[
1245 registered to vote in Utah;
1246 [
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 [
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 [
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 [
1341 (i) the top of the first row, for the purpose of entering the information described in
1342 Subsection (2)[
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)[
1349 [
1350 [
1351 [
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 [
1356
1357 [
1358
1359
1360
1361
1362 [
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 [
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)[
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) [
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 [
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 [
1422 conveniently opened for signing.
1423 (c) [
1424 uniform number of signature sheets [
1425 [
1426
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 [
1438 under Subsection (5)(a).
1439 [
1440
1441 [
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) [
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 [
1460 voter's name under Subsection [
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 [
1464 voter's name under Subsection [
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 [
1476 accordance with this Subsection (3).
1477 [
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) [
1483
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 [
1491 in Subsection (1)(a).
1492 (2) [
1493 county clerk shall, within [
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) [
1500
1501 location designated by the lieutenant governor; and
1502 (d) deliver the verified initiative packet to the lieutenant governor.
1503 [
1504
1505 [
1506
1507 [
1508 [
1509
1510
1511 [
1512 [
1513
1514 [
1515
1516 [
1517 [
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 [
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 [
1531
1532
1533
1534
1535 [
1536
1537 [
1538
1539 [
1540
1541 [
1542 [
1543 [
1544
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 [
1573 county clerk, the lieutenant governor shall [
1574 initiative packet received.
1575 [
1576
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 [
1586
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 [
1592 Subsection 20A-7-201(2)(b)[
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, [
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 [
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 [
1616 lieutenant governor shall file the [
1617 attached to the [
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 [
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 [
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 [
1646
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 [
1650
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 [
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 [
1683 number of active voters in that [
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 [
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) [
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 [
1708 vote in Utah;
1709 [
1710 [
1711 (c) a statement indicating whether persons gathering signatures for the petition may be
1712 paid for gathering signatures;
1713 [
1714 [
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 [
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[
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 [
1751 warning statement [
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 [
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 [
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 [
1824 that the packets may be conveniently opened for signing.
1825 (c) [
1826 uniform number of signature sheets [
1827 [
1828
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 [
1840 under Subsection (5)(a).
1841 [
1842
1843 [
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) [
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) [
1860 removal; or
1861 (ii) 45 days after the day on which the [
1862 voter's name under Subsection [
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 [
1873 lieutenant governor posts the voter's name under Subsection [
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 [
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) [
1886 or
1887 (ii) 40 days after the day on which the legislative session at which the law passed ends.
1888 (b) A [
1889 described in Subsection (1)(a).
1890 [
1891
1892 [
1893
1894
1895 [
1896
1897 [
1898 [
1899
1900 [
1901 [
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 [
1906 (c) except as provided in Subsection (3), post the name and voter identification number
1907 of each registered voter certified under Subsection [
1908
1909 location designated by the lieutenant governor; and
1910 (d) deliver the verified [
1911 [
1912
1913
1914
1915 [
1916
1917 [
1918
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 [
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) [
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) [
1955 not [
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 [
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 [
2003 county clerk, the lieutenant governor shall [
2004 referendum packet received.
2005 [
2006
2007 [
2008
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 [
2016
2017
2018 [
2019
2020 [
2021
2022 [
2023 (i) shall, except as provided in Subsection (2)[
2024 sufficient or insufficient [
2025 passed; or
2026 [
2027
2028
2029
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 [
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 [
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 [
2046 the lieutenant governor's finding.
2047 [
2048 additional signatures to qualify the petition for the ballot.
2049 (3) (a) If the lieutenant governor refuses to accept and file a referendum [
2050
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 [
2056 attached to the referendum petition, as of the date on which the [
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 [
2071 Number __" and [
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) [
2076 days after [
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 [
2080 [
2081
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 [
2087
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 [
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 [
2093 (ii) After receipt of the appeal, the [
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; [
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 [
2104 plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
2105 patently false or biased.
2106 (c) The [
2107 (i) examine the ballot title;
2108 (ii) hear arguments; and
2109 (iii) [
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 [
2113 Section 24. Section 20A-7-309 is amended to read:
2114 20A-7-309. Form of ballot -- Manner of voting.
2115 (1) [
2116 [
2117 with, immediately adjacent to [
2118 "Against," each word presented with an adjacent square in which [
2119 indicate the [
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 [
2131 20A-7-307[
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) [
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 [
2284 [
2285
2286 [
2287 [
2288 (i) the title of the proposed law[
2289 [
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 [
2293 [
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 [
2346 [
2347
2348
2349
2350 [
2351
2352 [
2353
2354 [
2355
2356 [
2357
2358 [
2359
2360
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 [
2382 [
2383 [
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 [
2388
2389 [
2390
2391
2392
2393
2394 [
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 [
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 [
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 [
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)[
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) [
2443 (b) [
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 [
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 [
2454 conveniently opened for signing.
2455 (c) [
2456 uniform number of signature sheets [
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) [
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 [
2479 (ii) verifies each signature sheet by completing the verification printed on the last page
2480 of each initiative packet[
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 [
2486
2487
2488 [
2489
2490
2491 [
2492
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 [
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 [
2525 (i) 30 days after the day on which the first individual signs the initiative packet;
2526 [
2527 [
2528 general election immediately after the application is filed under Section 20A-7-502; or
2529 [
2530 [
2531 (B) [
2532 general election immediately after the application is filed under Section 20A-7-502.
2533 (b) A [
2534 established in [
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 [
2557 initiative packet that is not verified in accordance with Section 20A-7-505.
2558 [
2559 [
2560
2561 [
2562 [
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) [
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) [
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 [
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 [
2634 clerk, the local clerk shall [
2635 initiative packet [
2636 [
2637
2638
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 [
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 [
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 [
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 [
2672
2673 [
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 [
2719
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 [
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, [
2743 the local legislative body shall proclaim that measure to be law that [
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 [
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 [
2750
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 [
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) [
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 [
2875
2876
2877 [
2878
2879
2880
2881 [
2882
2883 [
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) [
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 [
2893 [
2894
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[
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 [
2937 warning statement [
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 [
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 [
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 [
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 [
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 [
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 [
3013 that the packets may be conveniently opened for signing.
3014 (c) [
3015 uniform number of signature sheets [
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) [
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 [
3038 (ii) verifies each signature sheet by completing the verification printed on the last page
3039 of each referendum packet[
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 [
3045
3046 [
3047
3048
3049 [
3050
3051
3052 [
3053 [
3054 [
3055
3056
3057 [
3058
3059 [
3060
3061 [
3062
3063 [
3064
3065 [
3066
3067
3068 [
3069
3070 [
3071
3072
3073 [
3074
3075
3076 [
3077
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 [
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 [
3109 [
3110 [
3111
3112 [
3113
3114
3115 [
3116
3117 [
3118
3119 [
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 [
3124 [
3125 (c) provide the name and voter identification number of each registered voter certified
3126 under Subsection (2)(b); and
3127 [
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) [
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) [
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 [
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 [
3190
3191
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 [
3219 county clerk, the local clerk shall [
3220 the referendum packet [
3221 [
3222
3223 [
3224
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 [
3243 names certified under this Subsection (2) equals or exceeds the number of names required [
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 [
3247 names certified under this Subsection (2) does not equal or exceed the number of names
3248 required [
3249 shall mark upon the front of the petition the word "insufficient."[
3250 [
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 [
3255
3256
3257
3258 [
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 [
3262 clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
3263 the date on which [
3264 (c) If [
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 [
3271 qualified for the ballot.
3272 [
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 [
3285 ballot "Proposition Number __" and give [
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 [
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 [
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 [
3319
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 [
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, [
3346 the local legislative body shall proclaim that measure to be law that [
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 [
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 [
3353
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 [
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 [
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.