School Board Referendum Amendments

84
10-20-102
10-20-902
17-79-102
17-79-803
20A-1-102
20A-4-301
20A-7-101
20A-7-102
20A-7-401.3
20A-7-401.5
20A-7-402
20A-7-405
20A-7-601
20A-7-602
20A-7-602.5
20A-7-602.7
20A-7-603
20A-7-604
20A-7-607
20A-7-608
20A-7-609
20A-7-609.5
20A-7-610
20A-7-611
20A-7-613
20A-7-614
63G-30-102
HB0170
HB0032
20A-7-603 (05/06/26)
0
School Board Referendum Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Lincoln Fillmore
LONG TITLE
General Description:
This bill amends provisions related to local referendums.
Highlighted Provisions:
This bill:
defines terms;
subject to certain exceptions, establishes a process for voters who are residents of a
school district to hold a referendum on a law passed by the school district's local school
board, including a law that increases a tax or imposes a new tax;
includes a coordination clause to add a reference to a referable local school tax law being
enacted in this bill to similar language being enacted in H.B. 32, Signature Gathering
and Verification Amendments; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
10-20-102
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
10-20-902
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 15
17-79-102
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
17-79-803
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 14
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-4-301
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-101
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-102
, as last amended by Laws of Utah 1994, Chapter 272
20A-7-401.3
, as last amended by Laws of Utah 2024, Chapter 438
20A-7-401.5
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-402
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-405
, as enacted by Laws of Utah 2019, Chapter 203
20A-7-601
, as last amended by Laws of Utah 2025, First Special Session, Chapter 15
20A-7-602
, as last amended by Laws of Utah 2023, Chapter 107
20A-7-602.5
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-602.7
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-603
, as last amended by Laws of Utah 2024, Chapter 442
20A-7-604
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-607
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
20A-7-608
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-609
, as last amended by Laws of Utah 2025, Chapter 381
20A-7-609.5
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-7-610
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-611
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-613
, as last amended by Laws of Utah 2025, Chapter 448
20A-7-614
, as last amended by Laws of Utah 2024, Chapter 442
63G-30-102
, as enacted by Laws of Utah 2023, Chapter 435
Utah Code Sections Affected by Coordination Clause:
20A-7-603 (05/06/26)
, as last amended by Laws of Utah 2024, Chapter 442
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-20-102
is amended to read:
10-20-102
. Definitions.
As used in this chapter:
(1)
"Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2)
"Adversely affected party" means a person other than a land use applicant who:
(a)
owns real property adjoining the property that is the subject of a land use application
or land use decision; or
(b)
will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3)
"Affected entity" means a county, municipality, special district, special service district
under Title
17D, Chapter 1
, Special Service District Act, school district, interlocal
cooperation entity established under Title
11, Chapter 13
, Interlocal Cooperation Act,
specified public utility, property owner, property owners association, or the Department
of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b)
the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c)
the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in
compliance with a requirement imposed under this chapter.
(4)
"Affected owner" means the owner of real property that is:
(a)
a single project;
(b)
the subject of a land use approval that sponsors of a referendum timely challenged in
accordance with
Section
20A-7-601
Subsection
20A-7-601(7)
; and
(c)
determined to be legally referable under Section
20A-7-602.8
.
(5)
"Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6)
"Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business,
product, or service that is not sold, offered, or existing on the property where the sign is
located.
(7)
(a)
"Boundary adjustment" means an agreement between adjoining property owners
to relocate a common boundary that results in a conveyance of property between the
adjoining lots, adjoining parcels, or adjoining lots and parcels.
(b)
"Boundary adjustment" does not mean a modification of a lot or parcel boundary that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(8)
(a)
"Boundary establishment" means an agreement between adjoining property
owners to clarify the location of an ambiguous, uncertain, or disputed common
boundary.
(b)
"Boundary establishment" does not mean a modification of a lot or parcel boundary
that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(9)
"Building code adoption cycle" means the period of time beginning the day on which a
specific edition of a construction code from a nationally recognized code authority is
adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day
before a new edition of a construction code is adopted and effective in Title 15A, State
Construction and Fire Codes Act.
(9)
(10)
(a)
"Charter school" means:
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance
with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii)
an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b)
"Charter school" does not include a therapeutic school.
(10)
"Building code adoption cycle" means the period of time beginning the day on which
a specific edition of a construction code from a nationally recognized code authority is
adopted and effective in Title
15A, State Construction and Fire Codes Act
, until the day
before a new edition of a construction code is adopted and effective in Title
15A, State
Construction and Fire Codes Act
.
(11)
"Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the municipality, surrounding neighbors, or adjacent
land uses, may not be compatible in some areas or may be compatible only if certain
conditions are required that mitigate or eliminate the detrimental impacts.
(12)
"Constitutional taking" means a governmental action that results in a taking of private
property so that compensation to the owner of the property is required by the:
(a)
Fifth or Fourteenth Amendment
of the Constitution of the United States
to the
United States Constitution
; or
(b)
Utah Constitution, Article I, Section 22.
(13)
"Conveyance document" means an instrument that:
(a)
meets the definition of "document" in Section
57-1-1
; and
(b)
meets the requirements of Section
57-1-45.5
.
(14)
"Conveyance of property" means the transfer of ownership of any portion of real
property from one person to another person.
(15)
"Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and
sources for the subject property.
(16)
"Department of Transportation" means the entity created in Section
72-1-201
.
(17)
"Development activity" means:
(a)
any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b)
any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c)
any change in the use of land that creates additional demand and need for public
facilities.
(18)
(a)
"Development agreement" means a written agreement or amendment to a written
agreement between a municipality and one or more parties that regulates or controls
the use or development of a specific area of land.
(b)
"Development agreement" does not include an improvement completion assurance.
(19)
(a)
"Disability" means a physical or mental impairment that substantially limits one
or more of a person's major life activities, including a person having a record of such
an impairment or being regarded as having such an impairment.
(b)
"Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in the Controlled Substances Act, 21 U.S.C.
Sec.
802.
(20)
"Document" means the same as that term is defined in Section
57-1-1
.
(21)
"Educational facility":
(a)
means:
(i)
a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12,
including kindergarten and a program for children with disabilities;
(ii)
a structure or facility:
(A)
located on the same property as a building described in Subsection
(21)(a)(i)
;
and
(B)
used in support of the use of that building; and
(iii)
a building to provide office and related space to a school district's administrative
personnel; and
(b)
does not include:
(i)
land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar
use that is:
(A)
not located on the same property as a building described in Subsection
(21)(a)(i)
; and
(B)
used in support of the purposes of a building described in Subsection
(21)(a)(i)
;
or
(ii)
a therapeutic school.
(22)
"Establishment document" means an instrument that:
(a)
meets the definition of "document" in Section
57-1-1
; and
(b)
meets the requirements of Section
57-1-45
.
(23)
"Full boundary adjustment" means a boundary adjustment that is not a simple
boundary adjustment.
(24)
(23)
"Fire authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of fire protection and suppression
services for the subject property.
(25)
(24)
"Flood plain" means land that:
(a)
is within the 100-year flood plain designated by the Federal Emergency Management
Agency; or
(b)
has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood
event because the land has characteristics that are similar to those of a 100-year flood
plain designated by the Federal Emergency Management Agency.
(25)
"Full boundary adjustment" means a boundary adjustment that is not a simple
boundary adjustment.
(26)
"General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(27)
"Geologic hazard" means:
(a)
a surface fault rupture;
(b)
shallow groundwater;
(c)
liquefaction;
(d)
a landslide;
(e)
a debris flow;
(f)
unstable soil;
(g)
a rock fall; or
(h)
any other geologic condition that presents a risk:
(i)
to life;
(ii)
of substantial loss of real property; or
(iii)
of substantial damage to real property.
(28)
"Historic preservation authority" means a person, board, commission, or other body
designated by a legislative body to:
(a)
recommend land use regulations to preserve local historic districts or areas; and
(b)
administer local historic preservation land use regulations within a local historic
district or area.
(29)
"Home-based microschool" means the same as that term is defined in Section
53G-6-201
.
(30)
"Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,
or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(31)
(a)
"Identical plans" means floor plans submitted to a municipality that:
(i)
are submitted within the same building code adoption cycle as floor plans that
were previously approved by the municipality;
(ii)
have no structural differences from floor plans that were previously approved by
the municipality; and
(iii)
describe a building that:
(A)
is located on land zoned the same as the land on which the building described
in the previously approved plans is located;
(B)
has a substantially identical floor plan to a floor plan previously approved by
the municipality; and
(C)
does not require any engineering or analysis beyond a review to confirm the
submitted floor plans are substantially identical to a floor plan previously
approved by the municipality or a review of the site plan and associated
geotechnical reports for the site.
(b)
"Identical plans" include floor plans that are oriented differently as the floor plan that
was previously approved by the municipality.
(32)
"Impact fee" means a payment of money imposed under Title
11, Chapter 36a
, Impact
Fees Act.
(33)
"Improvement completion assurance" means a surety bond, letter of credit, financial
institution bond, cash, assignment of rights, lien, or other equivalent security required by
a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a)
recording a subdivision plat; or
(b)
development of a commercial, industrial, mixed use, or multifamily project.
(34)
"Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a)
complies with the municipality's written standards for design, materials, and
workmanship; and
(b)
will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(35)
"Improvement warranty period" means a period:
(a)
no later than one year after a municipality's acceptance of required public
landscaping; or
(b)
no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i)
determines, based on accepted industry standards and for good cause, that a
one-year period would be inadequate to protect the public health, safety, and
welfare; and
(ii)
has substantial evidence, on record:
(A)
of prior poor performance by the applicant; or
(B)
that the area upon which the infrastructure will be constructed contains
suspect soil and the municipality has not otherwise required the applicant to
mitigate the suspect soil.
(36)
"Infrastructure improvement" means permanent infrastructure that is essential for the
public health and safety or that:
(a)
is required for human occupation; and
(b)
an applicant shall install:
(i)
in accordance with published installation and inspection specifications for public
improvements; and
(ii)
whether the improvement is public or private, as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
development of a commercial, industrial, mixed use, condominium, or
multifamily project.
(37)
"Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a)
runs with the land; and
(b)
(i)
creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii)
designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(38)
"Land use applicant" means a property owner, or the property owner's designee, who
submits a land use application regarding the property owner's land.
(39)
"Land use application":
(a)
means an application that is:
(i)
required by a municipality; and
(ii)
submitted by a land use applicant to obtain a land use decision; and
(b)
does not mean an application to enact, amend, or repeal a land use regulation.
(40)
"Land use authority" means:
(a)
a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b)
if the local legislative body has not designated a person, board, commission, agency,
or body, the local legislative body.
(41)
"Land use decision" means an administrative decision of a land use authority or appeal
authority regarding:
(a)
a land use permit; or
(b)
a land use application.
(42)
"Land use permit" means a permit issued by a land use authority.
(43)
"Land use regulation":
(a)
means a legislative decision enacted by ordinance, law, code, map, resolution,
engineering or development standard, specification for public improvement, fee, or
rule that governs the use or development of land;
(b)
includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c)
does not include:
(i)
a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii)
a temporary revision to an engineering specification that does not materially:
(A)
increase a land use applicant's cost of development compared to the existing
specification; or
(B)
impact a land use applicant's use of land.
(44)
"Legislative body" means the municipal council.
(45)
"Local historic district or area" means a geographically definable area that:
(a)
contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of
a legislative body; and
(b)
is subject to land use regulations to preserve the historic significance of the local
historic district or area.
(46)
"Lot" means a tract of land, regardless of any label, that is created by and shown on a
subdivision plat that has been recorded in the office of the county recorder.
(47)
"Major transit investment corridor" means public transit service that uses or occupies:
(a)
public transit rail right-of-way;
(b)
dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
(c)
fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i)
a public transit district as defined in Section
17B-2a-802
; or
(ii)
an eligible political subdivision as defined in Section
59-12-2202
.
(48)
"Micro-education entity" means the same as that term is defined in Section
53G-6-201
.
(49)
"Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the city is located.
(50)
"Municipal utility easement" means an easement that:
(a)
is created or depicted on a plat recorded in a county recorder's office and is described
as a municipal utility easement granted for public use;
(b)
is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c)
the municipality or the municipality's affiliated governmental entity uses and
occupies to provide a utility service, including sanitary sewer, culinary water,
electrical, storm water, or communications or data lines;
(d)
is used or occupied with the consent of the municipality in accordance with an
authorized franchise or other agreement;
(e)
(i)
is used or occupied by a specified public utility in accordance with an
authorized franchise or other agreement; and
(ii)
is located in a utility easement granted for public use; or
(f)
is described in Section
10-20-615
and is used by a specified public utility.
(51)
"Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a)
verifying that building plans are identical plans; and
(b)
reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(52)
"Noncomplying structure" means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to
the setback, height restrictions, or other regulations, excluding those regulations,
which govern the use of land.
(53)
"Nonconforming use" means a use of land that:
(a)
legally existed before its current land use designation;
(b)
has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c)
because of one or more subsequent land use ordinance changes, does not conform to
the regulations that now govern the use of the land.
(54)
"Official map" means a map drawn by municipal authorities and recorded in a county
recorder's office that:
(a)
shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b)
provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or
otherwise reserve the land; and
(c)
has been adopted as an element of the municipality's general plan.
(55)
"Parcel" means any real property that is not a lot.
(56)
"Person" means an individual, corporation, partnership, organization, association, trust,
governmental agency, or any other legal entity.
(57)
"Plan for moderate income housing" means a written document adopted by a
municipality's legislative body that includes:
(a)
an estimate of the existing supply of moderate income housing located within the
municipality;
(b)
an estimate of the need for moderate income housing in the municipality for the next
five years;
(c)
a survey of total residential land use;
(d)
an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e)
a description of the municipality's program to encourage an adequate supply of
moderate income housing.
(58)
"Planning commission" means the commission established under Section
10-20-301
.
(59)
"Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes
and prepares in accordance with Section
10-20-803
or
57-8-13
.
(60)
"Potential geologic hazard area" means an area that:
(a)
is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for
geologic hazard; or
(b)
has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar
to those of a designated geologic hazard area.
(61)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or
other political subdivision of the state; or
(d)
a charter school.
(62)
"Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(63)
"Public meeting" means a meeting that is required to be open to the public under Title
52, Chapter 4, Open and Public Meetings Act.
(64)
"Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public
transportation easement, or other public way.
(65)
"Receiving zone" means an area that a municipality designates, by ordinance, as an
area in which an owner of land may receive a transferable development right.
(66)
"Record of survey map" means a map of a survey of land prepared in accordance with
Section
17-73-504
.
(67)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services
under:
(i)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
(ii)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(68)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots
intended for high volume traffic or community centers, including schools, recreation
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not
necessarily continuous through several residential areas.
(69)
"Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a)
parliamentary order and procedure;
(b)
ethical behavior; and
(c)
civil discourse.
(70)
"Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(71)
"Sending zone" means an area that a municipality designates, by ordinance, as an area
from which an owner of land may transfer a transferable development right.
(72)
"Simple boundary adjustment" means a boundary adjustment that does not:
(a)
affect a public right-of-way, municipal utility easement, or other public property;
(b)
affect an existing easement, onsite wastewater system, or an internal lot restriction; or
(c)
result in a lot or parcel out of conformity with land use regulations.
(73)
"Special district" means an entity under Title 17B, Limited Purpose Local Government
Entities - Special Districts, and any other governmental or quasi-governmental entity
that is not a county, municipality, school district, or the state.
(74)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(75)
"Specified public utility" means an electrical corporation, gas corporation, or telephone
corporation, as those terms are defined in Section
54-2-1
.
(76)
"State" includes any department, division, or agency of the state.
(77)
(a)
"Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether
immediate or future, for offer, sale, lease, or development either on the installment
plan or upon any and all other plans, terms, and conditions.
(b)
"Subdivision" includes:
(i)
the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless
of whether the division includes all or a portion of a parcel or lot; and
(ii)
except as provided in Subsection
(77)(c)
, divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural,
and industrial purposes.
(c)
"Subdivision" does not include:
(i)
a bona fide division or partition of land used for agricultural purposes as provided
in Subsection
10-20-808(2)
;
(ii)
a recorded conveyance document:
(A)
consolidating multiple lots or parcels into one legal description encompassing
all lots by reference to a recorded plat and all parcels by metes and bounds
description; or
(B)
joining a lot to a parcel;
(iii)
a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A)
is in anticipation of future land use approvals on the parcel or parcels;
(B)
does not confer any land use approvals; and
(C)
has not been approved by the land use authority;
(iv)
a boundary adjustment;
(v)
a boundary establishment;
(vi)
a road, street, or highway dedication plat;
(vii)
a deed or easement for a road, street, or highway purpose; or
(viii)
any other division of land authorized by law.
(78)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section
10-20-811
that:
(i)
vacates all or a portion of the subdivision;
(ii)
increases the number of lots within the subdivision;
(iii)
alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(iv)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a simple boundary adjustment.
(79)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(80)
"Suspect soil" means soil that has:
(a)
a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b)
bedrock units with high shrink or swell susceptibility; or
(c)
gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(81)
"Therapeutic school" means a residential group living facility:
(a)
for four or more individuals who are not related to:
(i)
the owner of the facility; or
(ii)
the primary service provider of the facility;
(b)
that serves students who have a history of failing to function:
(i)
at home;
(ii)
in a public school; or
(iii)
in a nonresidential private school; and
(c)
that offers:
(i)
room and board; and
(ii)
an academic education integrated with:
(A)
specialized structure and supervision; or
(B)
services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(82)
"Transferable development right" means a right to develop and use land that originates
by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(83)
"Unincorporated" means the area outside of the incorporated area of a city or town.
(84)
"Water interest" means any right to the beneficial use of water, including:
(a)
each of the rights listed in Section
73-1-11
; and
(b)
an ownership interest in the right to the beneficial use of water represented by:
(i)
a contract; or
(ii)
a share in a water company, as defined in Section
73-3-3.5
.
(85)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts land
use zones, overlays, or districts.
Section 2. Section
10-20-902
is amended to read:
10-20-902
. Applicant's entitlement to land use application approval --
Municipality's requirements and limitations -- Vesting upon submission of development
plan and schedule.
(1)
(a)
(i)
An applicant who has submitted a complete land use application as
described in Subsection
(1)(c)
, including the payment of all application fees, is
entitled to substantive review of the application under the land use regulations:
(A)
in effect on the date that the application is complete; and
(B)
applicable to the application or to the information shown on the application.
(ii)
An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use
decisions, and development standards in effect when the applicant submits a
complete application and pays application fees, unless:
(A)
the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the
application and specifies the compelling, countervailing public interest in
writing; or
(B)
in the manner provided by local ordinance and before the applicant submits
the application, the municipality formally initiates proceedings to amend the
municipality's land use regulations in a manner that would prohibit approval of
the application as submitted.
(b)
The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in
Subsection
(1)(a)(ii)(B)
if:
(i)
180 days have passed since the municipality initiated the proceedings; and
(ii)
(A)
the proceedings have not resulted in an enactment that prohibits approval
of the application as submitted; or
(B)
during the 12 months before the municipality processing the application, or
multiple applications of the same type, are impaired or prohibited under the
terms of a temporary land use regulation adopted under Section
10-20-504
.
(c)
A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable
ordinances and pays all applicable fees.
(d)
A subsequent incorporation of a municipality or a petition that proposes the
incorporation of a municipality does not affect a land use application approved by a
county in accordance with Section
17-79-803
.
(e)
Unless a phasing sequence is required in an executed development agreement, a
municipality shall, without regard to any other separate and distinct land use
application, accept and process a complete land use application.
(f)
The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable
diligence.
(g)
A municipality may not impose on an applicant who has submitted a complete
application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a municipal ordinance in effect on the date that the applicant submits a complete
application, subject to Subsection
10-20-902(1)(a)(ii)
; or
(iii)
a municipal specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(h)
A municipality may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision
plat;
(v)
in this chapter;
(vi)
in a municipal ordinance; or
(vii)
in a municipal specification for residential roadways in effect at the time a
residential subdivision was approved.
(i)
Except as provided in Subsection
(1)(j)
or
(k)
, a municipality may not withhold
issuance of a certificate of occupancy or acceptance of subdivision improvements
because of an applicant's failure to comply with a requirement that is not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the land
use permit or subdivision plat; or
(ii)
in this chapter or the municipality's ordinances.
(j)
A municipality may not unreasonably withhold issuance of a certificate of occupancy
where an applicant has met all requirements essential for the public health, public
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the municipality have agreed in a written document to the
withholding of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted
public landscaping improvements or infrastructure improvements in accordance
with an applicable local ordinance.
(k)
A municipality may not conduct a final inspection required before issuing a
certificate of occupancy for a residential unit that is within the boundary of an
infrastructure financing district, as defined in Section
17B-1-102
, until the applicant
for the certificate of occupancy provides adequate proof to the municipality that any
lien on the unit arising from the infrastructure financing district's assessment against
the unit under Title 11, Chapter 42, Assessment Area Act, has been released after
payment in full of the infrastructure financing district's assessment against that unit.
(l)
A municipality:
(i)
may require the submission of a private landscaping plan, as defined in Section
10-20-807
, before landscaping is installed; and
(ii)
may not withhold an applicant's building permit or certificate of occupancy
because the applicant has not submitted a private landscaping plan.
(2)
A municipality is bound by the terms and standards of applicable land use regulations
and shall comply with mandatory provisions of those regulations.
(3)
A municipality may not, as a condition of land use application approval, require a
person filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use
application.
(4)
Upon a specified public agency's submission of a development plan and schedule as
required in Subsection
10-20-304(8)
that complies with the requirements of that
subsection, the specified public agency vests in the municipality's applicable land use
maps, zoning map, hookup fees, impact fees, other applicable development fees, and
land use regulations in effect on the date of submission.
(5)
(a)
If sponsors of a referendum timely challenge a project in accordance with
Subsection
20A-7-601
(6)
20A-7-601(7)
, the project's affected owner may rescind
the project's land use approval by delivering a written notice:
(i)
to the local clerk as defined in Section
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is
determined sufficient under Subsection
20A-7-607(5)
.
(b)
Upon delivery of a written notice described in Subsection
(5)(a)
the following are
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a municipality may not:
(i)
change or add to the requirements expressed in the building permit, unless the
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the
building permit.
(b)
Subsection
(6)(a)
does not prevent a municipality from issuing a building permit that
contains an expiration date defined in the building permit.
Section 3. Section
17-79-102
is amended to read:
17-79-102
. Definitions.
As used in this chapter:
(1)
"Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2)
"Adversely affected party" means a person other than a land use applicant who:
(a)
owns real property adjoining the property that is the subject of a land use application
or land use decision; or
(b)
will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3)
"Affected entity" means a county, municipality, special district, special service district
under Title
17D, Chapter 1
, Special Service District Act, school district, interlocal
cooperation entity established under Title
11, Chapter 13
, Interlocal Cooperation Act,
specified property owner, property owner's association, public utility, or the Department
of Transportation, if:
(a)
the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b)
the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c)
the entity has filed with the county a request for notice during the same calendar year
and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(4)
"Affected owner" means the owner of real property that is:
(a)
a single project;
(b)
the subject of a land use approval that sponsors of a referendum timely challenged in
accordance with Subsection
20A-7-601(6)
20A-7-601(7)
; and
(c)
determined to be legally referable under Section
20A-7-602.8
.
(5)
"Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6)
"Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business,
product, or service that is not sold, offered, or existing on the property where the sign is
located.
(7)
"Building code adoption cycle" means the period of time beginning the day on which a
specific edition of a construction code from a nationally recognized code authority is
adopted and effective in Title
15A, State Construction and Fire Codes Act
, until the day
before a new edition of a construction code is adopted and effective in Title
15A, State
Construction and Fire Codes Act
.
(8)
(7)
(a)
"Boundary adjustment" means an agreement between adjoining property
owners to relocate a common boundary that results in a conveyance of property
between the adjoining lots, adjoining parcels, or adjoining lots and parcels.
(b)
"Boundary adjustment" does not mean a modification of a lot or parcel boundary that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(9)
(8)
(a)
"Boundary establishment" means an agreement between adjoining property
owners to clarify the location of an ambiguous, uncertain, or disputed common
boundary.
(b)
"Boundary establishment" does not mean a modification of a lot or parcel boundary
that:
(i)
creates an additional lot or parcel; or
(ii)
is made by the Department of Transportation.
(9)
"Building code adoption cycle" means the period of time beginning the day on which a
specific edition of a construction code from a nationally recognized code authority is
adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day
before a new edition of a construction code is adopted and effective in Title 15A, State
Construction and Fire Codes Act.
(10)
(a)
"Charter school" means:
(i)
an operating charter school;
(ii)
a charter school applicant that a charter school authorizer approves in accordance
with Title
53G, Chapter 5, Part 3
, Charter School Authorization; or
(iii)
an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b)
"Charter school" does not include a therapeutic school.
(11)
"Chief executive officer" means the person or body that exercises the executive powers
of the county.
(12)
"Conditional use" means a land use that, because of the unique characteristics or
potential impact of the land use on the county, surrounding neighbors, or adjacent land
uses, may not be compatible in some areas or may be compatible only if certain
conditions are required that mitigate or eliminate the detrimental impacts.
(13)
"Constitutional taking" means a governmental action that results in a taking of private
property so that compensation to the owner of the property is required by the:
(a)
Fifth or Fourteenth Amendment
of the Constitution of the United States
to the
United States Constitution
; or
(b)
Utah Constitution, Article I, Section 22.
(14)
"Conveyance document" means an instrument that:
(a)
meets the definition of "document" in Section
57-1-1
; and
(b)
meets the requirements of Section
57-1-45.5
.
(15)
"Conveyance of property" means the transfer of ownership of any portion of real
property from one person to another person.
(16)
"County utility easement" means an easement that:
(a)
a plat recorded in a county recorder's office described as a county utility easement or
otherwise as a utility easement;
(b)
is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c)
the county or the county's affiliated governmental entity owns or creates; and
(d)
(i)
either:
(A)
no person uses or occupies; or
(B)
the county or the county's affiliated governmental entity uses and occupies to
provide a utility service, including sanitary sewer, culinary water, electrical,
storm water, or communications or data lines; or
(ii)
a person uses or occupies with or without an authorized franchise or other
agreement with the county.
(17)
"Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and
sources for the subject property.
(18)
"Department of Transportation" means the entity created in Section
72-1-201
.
(19)
"Development activity" means:
(a)
any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b)
any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c)
any change in the use of land that creates additional demand and need for public
facilities.
(20)
(a)
"Development agreement" means a written agreement or amendment to a written
agreement between a county and one or more parties that regulates or controls the use
or development of a specific area of land.
(b)
"Development agreement" does not include an improvement completion assurance.
(21)
(a)
"Disability" means a physical or mental impairment that substantially limits one
or more of a person's major life activities, including a person having a record of such
an impairment or being regarded as having such an impairment.
(b)
"Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
U.S.C. Sec. 802.
(22)
"Document" means the same as that term is defined in Section
57-1-1
.
(23)
"Educational facility":
(a)
means:
(i)
a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12,
including kindergarten and a program for children with disabilities;
(ii)
a structure or facility:
(A)
located on the same property as a building described in Subsection
(23)(a)(i)
;
and
(B)
used in support of the use of that building; and
(iii)
a building to provide office and related space to a school district's administrative
personnel; and
(b)
does not include:
(i)
land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar
use that is:
(A)
not located on the same property as a building described in Subsection
(23)(a)(i)
; and
(B)
used in support of the purposes of a building described in Subsection
(23)(a)(i)
;
or
(ii)
a therapeutic school.
(24)
"Establishment document" means an instrument that:
(a)
meets the definition of "document" in Section
57-1-1
; and
(b)
meets the requirements of Section
57-1-45
.
(25)
"Full boundary adjustment" means a boundary adjustment that is not a simple
boundary adjustment.
(26)
(25)
"Fire authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of fire protection and suppression
services for the subject property.
(27)
(26)
"Flood plain" means land that:
(a)
is within the 100-year flood plain designated by the Federal Emergency Management
Agency; or
(b)
has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood
event because the land has characteristics that are similar to those of a 100-year flood
plain designated by the Federal Emergency Management Agency.
(27)
"Full boundary adjustment" means a boundary adjustment that is not a simple
boundary adjustment.
(28)
"Gas corporation" has the same meaning as defined in Section
54-2-1
.
(29)
"General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a)
the unincorporated land within the county; or
(b)
for a mountainous planning district, the land within the mountainous planning
district.
(30)
"Geologic hazard" means:
(a)
a surface fault rupture;
(b)
shallow groundwater;
(c)
liquefaction;
(d)
a landslide;
(e)
a debris flow;
(f)
unstable soil;
(g)
a rock fall; or
(h)
any other geologic condition that presents a risk:
(i)
to life;
(ii)
of substantial loss of real property; or
(iii)
of substantial damage to real property.
(31)
"Home-based microschool" means the same as that term is defined in Section
53G-6-201
.
(32)
"Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,
or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(33)
(a)
"Identical plans" means floor plans submitted to a county that:
(i)
are submitted within the same building code adoption cycle as floor plans that
were previously approved by the county;
(ii)
have no structural differences from floor plans that were previously approved by
the county; and
(iii)
describe a building that:
(A)
is located on land zoned the same as the land on which the building described
in the previously approved plans is located;
(B)
has a substantially identical floor plan to a floor plan previously approved by
the county; and
(C)
does not require any engineering or analysis beyond a review to confirm the
submitted floor plans are substantially identical to a floor plan previously
approved by the county or a review of the site plan and associated geotechnical
reports for the site.
(b)
"Identical plans" include floor plans that are oriented differently as the floor plan that
was previously approved by the county.
(34)
"Impact fee" means a payment of money imposed under Title
11, Chapter 36a
, Impact
Fees Act.
(35)
"Improvement completion assurance" means a surety bond, letter of credit, financial
institution bond, cash, assignment of rights, lien, or other equivalent security required by
a county to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a)
recording a subdivision plat; or
(b)
development of a commercial, industrial, mixed use, or multifamily project.
(36)
"Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a)
complies with the county's written standards for design, materials, and workmanship;
and
(b)
will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(37)
"Improvement warranty period" means a period:
(a)
no later than one year after a county's acceptance of required public landscaping; or
(b)
no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i)
determines, based on accepted industry standards and for good cause, that a
one-year period would be inadequate to protect the public health, safety, and
welfare; and
(ii)
has substantial evidence, on record:
(A)
of prior poor performance by the applicant; or
(B)
that the area upon which the infrastructure will be constructed contains
suspect soil and the county has not otherwise required the applicant to mitigate
the suspect soil.
(38)
"Infrastructure improvement" means permanent infrastructure that is essential for the
public health and safety or that:
(a)
is required for human consumption; and
(b)
an applicant shall install:
(i)
in accordance with published installation and inspection specifications for public
improvements; and
(ii)
as a condition of:
(A)
recording a subdivision plat;
(B)
obtaining a building permit; or
(C)
developing a commercial, industrial, mixed use, condominium, or multifamily
project.
(39)
"Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a)
runs with the land; and
(b)
(i)
creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii)
designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(40)
"Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(41)
"Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(42)
"Land use applicant" means a property owner, or the property owner's designee, who
submits a land use application regarding the property owner's land.
(43)
"Land use application":
(a)
means an application that is:
(i)
required by a county; and
(ii)
submitted by a land use applicant to obtain a land use decision; and
(b)
does not mean an application to enact, amend, or repeal a land use regulation.
(44)
"Land use authority" means:
(a)
a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b)
if the local legislative body has not designated a person, board, commission, agency,
or body, the local legislative body.
(45)
"Land use decision" means an administrative decision of a land use authority or appeal
authority regarding:
(a)
a land use permit;
(b)
a land use application; or
(c)
the enforcement of a land use regulation, land use permit, or development agreement.
(46)
"Land use permit" means a permit issued by a land use authority.
(47)
"Land use regulation":
(a)
means a legislative decision enacted by ordinance, law, code, map, resolution,
engineering or development standard, specification for public improvement, fee, or
rule that governs the use or development of land;
(b)
includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c)
does not include:
(i)
a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii)
a temporary revision to an engineering specification that does not materially:
(A)
increase a land use applicant's cost of development compared to the existing
specification; or
(B)
impact a land use applicant's use of land.
(48)
"Legislative body" means the county legislative body, or for a county that has adopted
an alternative form of government, the body exercising legislative powers.
(49)
"Lot" means a tract of land, regardless of any label, that is created by and shown on a
subdivision plat that has been recorded in the office of the county recorder.
(50)
"Major transit investment corridor" means public transit service that uses or occupies:
(a)
public transit rail right-of-way;
(b)
dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
(c)
fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i)
a public transit district as defined in Section
17B-2a-802
; or
(ii)
an eligible political subdivision as defined in Section
59-12-2202
.
(51)
"Micro-education entity" means the same as that term is defined in Section
53G-6-201
.
(52)
"Moderate income housing" means housing occupied or reserved for occupancy by
households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(53)
"Mountainous planning district" means an area designated by a county legislative body
in accordance with Section
17-79-408
.
(54)
"Nominal fee" means a fee that reasonably reimburses a county only for time spent and
expenses incurred in:
(a)
verifying that building plans are identical plans; and
(b)
reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(55)
"Noncomplying structure" means a structure that:
(a)
legally existed before the structure's current land use designation; and
(b)
because of one or more subsequent land use ordinance changes, does not conform to
the setback, height restrictions, or other regulations, excluding those regulations that
govern the use of land.
(56)
"Nonconforming use" means a use of land that:
(a)
legally existed before the current land use designation;
(b)
has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c)
because of one or more subsequent land use ordinance changes, does not conform to
the regulations that now govern the use of the land.
(57)
"Official map" means a map drawn by county authorities and recorded in the county
recorder's office that:
(a)
shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b)
provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or
otherwise reserve the land; and
(c)
has been adopted as an element of the county's general plan.
(58)
"Parcel" means any real property that is not a lot.
(59)
"Person" means an individual, corporation, partnership, organization, association, trust,
governmental agency, or any other legal entity.
(60)
"Plan for moderate income housing" means a written document adopted by a county
legislative body that includes:
(a)
an estimate of the existing supply of moderate income housing located within the
county;
(b)
an estimate of the need for moderate income housing in the county for the next five
years;
(c)
a survey of total residential land use;
(d)
an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e)
a description of the county's program to encourage an adequate supply of moderate
income housing.
(61)
"Planning advisory area" means a contiguous, geographically defined portion of the
unincorporated area of a county established under this part with planning and zoning
functions as exercised through the planning advisory area planning commission, as
provided in this chapter, but with no legal or political identity separate from the county
and no taxing authority.
(62)
"Plat" means an instrument subdividing property into lots as depicted on a map or
other graphical representation of lands that a licensed professional land surveyor makes
and prepares in accordance with Section
17-79-703
or
57-8-13
.
(63)
"Potential geologic hazard area" means an area that:
(a)
is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for
geologic hazard; or
(b)
has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar
to those of a designated geologic hazard area.
(64)
"Public agency" means:
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or
other political subdivision of the state; or
(d)
a charter school.
(65)
"Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(66)
"Public meeting" means a meeting that is required to be open to the public under Title
52, Chapter 4
, Open and Public Meetings Act.
(67)
"Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public
transportation easement, or other public way.
(68)
"Receiving zone" means an unincorporated area that a county designates, by
ordinance, as an area in which an owner of land may receive a transferable development
right.
(69)
"Record of survey map" means a map of a survey of land prepared in accordance with
Section
17-73-504
.
(70)
"Residential facility for persons with a disability" means a residence:
(a)
in which more than one person with a disability resides; and
(b)
which is licensed or certified by the Department of Health and Human Services
under:
(i)
Title
26B, Chapter 2, Part 1
, Human Services Programs and Facilities; or
(ii)
Title
26B, Chapter 2, Part 2
, Health Care Facility Licensing and Inspection.
(71)
"Residential roadway" means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and
property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified
street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated
areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots
intended for high volume traffic or community centers, including schools, recreation
centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not
necessarily continuous through several residential areas.
(72)
"Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a)
parliamentary order and procedure;
(b)
ethical behavior; and
(c)
civil discourse.
(73)
"Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(74)
"Sending zone" means an unincorporated area that a county designates, by ordinance,
as an area from which an owner of land may transfer a transferable development right.
(75)
"Simple boundary adjustment" means a boundary adjustment that does not:
(a)
affect a public right-of-way, county utility easement, or other public property;
(b)
affect an existing easement, onsite wastewater system, or an internal lot restriction; or
(c)
result in a lot or parcel out of conformity with land use regulations.
(76)
"Site plan" means a document or map that may be required by a county during a
preliminary review before the issuance of a building permit to demonstrate that an
owner's or developer's proposed development activity meets a land use requirement.
(77)
(a)
"Special district" means an entity under Title
17B, Limited Purpose Local
Government Entities - Special Districts
.
(b)
"Special district" includes a governmental or quasi-governmental entity that is not a
county, municipality, school district, or the state.
(78)
"Specified public agency" means:
(a)
the state;
(b)
a school district; or
(c)
a charter school.
(79)
"Specified public utility" means an electrical corporation, gas corporation, or telephone
corporation, as those terms are defined in Section
54-2-1
.
(80)
"State" includes any department, division, or agency of the state.
(81)
(a)
"Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether
immediate or future, for offer, sale, lease, or development either on the installment
plan or upon any and all other plans, terms, and conditions.
(b)
"Subdivision" includes:
(i)
the division or development of land, whether by deed, metes and bounds
description, devise and testacy, map, plat, or other recorded instrument, regardless
of whether the division includes all or a portion of a parcel or lot; and
(ii)
except as provided in Subsection
(81)(c)
, divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural,
and industrial purposes.
(c)
"Subdivision" does not include:
(i)
a bona fide division or partition of agricultural land for agricultural purposes;
(ii)
a recorded conveyance document:
(A)
consolidating multiple lots or parcels into one legal description encompassing
all lots by reference to a recorded plat and all parcels by metes and bounds
description; or
(B)
joining a lot to a parcel;
(iii)
a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A)
an electrical transmission line or a substation;
(B)
a natural gas pipeline or a regulation station; or
(C)
an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification
facility;
(iv)
a bona fide division of land by deed or other instrument if the deed or other
instrument states in writing that the division:
(A)
is in anticipation of future land use approvals on the parcel or parcels;
(B)
does not confer any land use approvals; and
(C)
has not been approved by the land use authority;
(v)
a boundary adjustment;
(vi)
a boundary establishment;
(vii)
a road, street, or highway dedication plat;
(viii)
a deed or easement for a road, street, or highway purpose; or
(ix)
any other division of land authorized by law.
(82)
(a)
"Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section
17-79-711
that:
(i)
vacates all or a portion of the subdivision;
(ii)
increases the number of lots within the subdivision;
(iii)
alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(iv)
alters a common area or other common amenity within the subdivision.
(b)
"Subdivision amendment" does not include a simple boundary adjustment.
(83)
"Substantial evidence" means evidence that:
(a)
is beyond a scintilla; and
(b)
a reasonable mind would accept as adequate to support a conclusion.
(84)
"Suspect soil" means soil that has:
(a)
a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b)
bedrock units with high shrink or swell susceptibility; or
(c)
gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(85)
"Therapeutic school" means a residential group living facility:
(a)
for four or more individuals who are not related to:
(i)
the owner of the facility; or
(ii)
the primary service provider of the facility;
(b)
that serves students who have a history of failing to function:
(i)
at home;
(ii)
in a public school; or
(iii)
in a nonresidential private school; and
(c)
that offers:
(i)
room and board; and
(ii)
an academic education integrated with:
(A)
specialized structure and supervision; or
(B)
services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(86)
"Transferable development right" means a right to develop and use land that originates
by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(87)
"Unincorporated" means the area outside of the incorporated area of a municipality.
(88)
"Water interest" means any right to the beneficial use of water, including:
(a)
each of the rights listed in Section
73-1-11
; and
(b)
an ownership interest in the right to the beneficial use of water represented by:
(i)
a contract; or
(ii)
a share in a water company, as defined in Section
73-3-3.5
.
(89)
"Zoning map" means a map, adopted as part of a land use ordinance, that depicts land
use zones, overlays, or districts.
Section 4. Section
17-79-803
is amended to read:
17-79-803
. Applicant's entitlement to land use application approval --
Application relating to land in a high priority transportation corridor -- County's
requirements and limitations -- Vesting upon submission of development plan and
schedule.
(1)
(a)
(i)
Subject to Subsection
(7)
, an applicant who has submitted a complete land
use application, including the payment of all application fees, is entitled to
substantive review of the application under the land use regulations:
(A)
in effect on the date that the application is complete; and
(B)
applicable to the application or to the information shown on the submitted
application.
(ii)
An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use
decisions, and development standards in effect when the applicant submits a
complete application and pays all application fees, unless:
(A)
the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the
application and specifies the compelling, countervailing public interest in
writing; or
(B)
in the manner provided by local ordinance and before the applicant submits
the application, the county formally initiates proceedings to amend the county's
land use regulations in a manner that would prohibit approval of the
application as submitted.
(b)
The county shall process an application without regard to proceedings the county
initiated to amend the county's ordinances as described in Subsection
(1)(a)(ii)(B)
if:
(i)
180 days have passed since the county initiated the proceedings; and
(ii)
(A)
the proceedings have not resulted in an enactment that prohibits approval
of the application as submitted; or
(B)
during the 12 months before the county processing the application or multiple
applications of the same type, the application is impaired or prohibited under
the terms of a temporary land use regulation adopted under Section
17-79-504
.
(c)
A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable
ordinances and pays all applicable fees.
(d)
Unless a phasing sequence is required in an executed development agreement, a
county shall, without regard to any other separate and distinct land use application,
accept and process a complete land use application in accordance with this chapter.
(e)
The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable
diligence.
(f)
Subject to Subsection
(7)
, a county may not impose on an applicant who has
submitted a complete application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a county ordinance in effect on the date that the applicant submits a complete
application, subject to Subsection
(1)(a)(ii)
; or
(iii)
a county specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(g)
A county may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision
plat;
(v)
in this chapter;
(vi)
in a county ordinance; or
(vii)
in a county specification for residential roadways in effect at the time a
residential subdivision was approved.
(h)
Except as provided in Subsection
(1)(i)
or
(j)
, a county may not withhold issuance of
a certificate of occupancy or acceptance of subdivision improvements because of an
applicant's failure to comply with a requirement that is not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the
building permit or subdivision plat; or
(ii)
in this chapter or the county's ordinances.
(i)
A county may not unreasonably withhold issuance of a certificate of occupancy
where an applicant has met all requirements essential for the public health, public
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the county have agreed in a written document to the withholding
of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted
public landscaping improvements or infrastructure improvements in accordance
with an applicable local ordinance.
(j)
A county may not conduct a final inspection required before issuing a certificate of
occupancy for a residential unit that is within the boundary of an infrastructure
financing district, as defined in Section
17B-1-102
, until the applicant for the
certificate of occupancy provides adequate proof to the county that any lien on the
unit arising from the infrastructure financing district's assessment against the unit
under Title
11, Chapter 42
, Assessment Area Act, has been released after payment in
full of the infrastructure financing district's assessment against that unit.
(k)
A county:
(i)
may require the submission of a private landscaping plan, as defined in Section
17-79-707
, before landscaping is installed; and
(ii)
may not withhold an applicant's building permit or certificate of occupancy
because the applicant has not submitted a private landscaping plan.
(2)
A county is bound by the terms and standards of applicable land use regulations and
shall comply with mandatory provisions of those regulations.
(3)
A county may not, as a condition of land use application approval, require a person
filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use
application.
(4)
Subject to Subsection
(7)
, a specified public agency's submission of a development plan
and schedule as required in Subsection
17-79-305(8)
that complies with the
requirements of that subsection, the specified public agency vests in the county's
applicable land use maps, zoning map, hookup fees, impact fees, other applicable
development fees, and land use regulations in effect on the date of submission.
(5)
(a)
If sponsors of a referendum timely challenge a project in accordance with
Subsection
20A-7-601(6)
20A-7-601(7)
, the project's affected owner may rescind
the project's land use approval by delivering a written notice:
(i)
to the local clerk as defined in Section
20A-7-101
; and
(ii)
no later than seven days after the day on which a petition for a referendum is
determined sufficient under Subsection
20A-7-607(4)
.
(b)
Upon delivery of a written notice described in Subsection
(5)(a)
the following are
rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
(6)
(a)
After issuance of a building permit, a county may not:
(i)
change or add to the requirements expressed in the building permit, unless the
change or addition is:
(A)
requested by the building permit holder; or
(B)
necessary to comply with an applicable state building code; or
(ii)
revoke the building permit or take action that has the effect of revoking the
building permit.
(b)
Subsection
(6)(a)
does not prevent a county from issuing a building permit that
contains an expiration date defined in the building permit.
(7)
A county shall comply with the provisions of this chapter regarding all pending land use
applications and new land use applications submitted under this chapter.
Section 5. Section
20A-1-102
is amended to read:
20A-1-102
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on ballots and tabulates the results.
(3)
(a)
"Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b)
"Ballot" does not include a record to tally multiple votes.
(4)
"Ballot proposition" means a question, issue, or proposal that is submitted to voters on
the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature.
(5)
"Bind," "binding," or "bound" means securing more than one piece of paper together
using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
"Bond election" means an election held for the purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(8)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a holiday.
(9)
"Business reply mail envelope" means an envelope that may be mailed free of charge by
the sender.
(10)
"Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
a business day, or any other type of day.
(11)
"Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12)
"Canvassing judge" means a poll worker designated to assist in counting ballots at the
canvass.
(13)
"Contracting election officer" means an election officer who enters into a contract or
interlocal agreement with a provider election officer.
(14)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
"Counting judge" means a poll worker designated to count the ballots during election
day.
(17)
"Counting room" means a suitable and convenient private place or room for use by the
poll workers and counting judges to count ballots.
(18)
"County officers" means those county officers that are required by law to be elected.
(19)
"Date of the election" or "election day" or "day of the election":
(a)
means the day that is specified in the calendar year as the day on which the election
occurs; and
(b)
does not include:
(i)
deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii)
any early voting or early voting period as provided under Chapter
3a, Part 6
,
Early Voting.
(20)
"Elected official" means:
(a)
a person elected to an office under Section
20A-1-303
or Chapter
4, Part 6
,
Municipal Alternate Voting Methods Pilot Project;
(b)
a person who is considered to be elected to a municipal office in accordance with
Subsection
20A-1-206(1)(c)(ii)
; or
(c)
a person who is considered to be elected to a special district office in accordance
with Subsection
20A-1-206(3)(b)(ii)
.
(21)
"Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary
election, and a special district election.
(22)
"Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(23)
"Election cycle" means the period beginning on the first day on which individuals are
eligible to file declarations of candidacy and ending when the canvass is completed.
(24)
"Election judge" means a poll worker that is assigned to:
(a)
preside over other poll workers at a polling place;
(b)
act as the presiding election judge; or
(c)
serve as a canvassing judge, counting judge, or receiving judge.
(25)
"Election material" includes:
(a)
the verification documentation described in Subsection
20A-3a-401(9)(b)(iv)
;
(b)
the list of voters contacted to cure a ballot described in Subsection
20A-3a-401(10)(b)
;
(c)
the record of rejected and resolved ballots described in Subsection
20A-3a-401(11)(a)
;
(d)
any chain of custody documentation described in Section
20A-3a-401.1
, including:
(i)
the count of ballots described in Subsection
20A-3a-401.1(3)
; and
(ii)
the batch log described in Subsection
20A-3a-401.1(5)
;
(e)
the record of signature verification audits described in Subsection
20A-3a-402.5(4)
;
(f)
the affidavit of compliance described in Subsection
20A-3a-404(2)
;
(g)
the physical and electronic log of replicated ballots described in Subsection
20A-4-104(3)
;
(h)
the physical or electronic log of adjudicated ballots described in Section
20A-5-802.5
;
(i)
the record of voter database access described in Subsection
20A-5-905(2)
;
(j)
the reports on military and overseas voters described in Section
20A-16-202
;
(k)
scanned copies of return envelopes;
(l)
a copy of the final election results database described in Section
20A-5-802.5
; and
(m)
the materials used in the programming of the automatic tabulating equipment.
(26)
"Election officer" means:
(a)
the lieutenant governor, for all statewide ballots and elections;
(b)
the county clerk for:
(i)
a county ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(c)
the municipal clerk for:
(i)
a municipal ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(d)
the special district clerk or chief executive officer for:
(i)
a special district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
; or
(e)
the business administrator or superintendent of a school district for:
(i)
a school district ballot and election;
and
(ii)
a referendum petition as provided in Chapter 7, Issues Submitted to the Voters;
and
(ii)
(iii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
.
(27)
"Election official" means any election officer, election judge, or poll worker.
(28)
"Election results" means:
(a)
for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b)
for bond elections, the count of those votes cast for and against the bond proposition
plus any or all of the election returns that the board of canvassers may request.
(29)
"Election results database" means the following information generated by voting
equipment:
(a)
one or more electronic files that contains a digital interpretation of each ballot that is
counted in an election;
(b)
a ballot image; and
(c)
other information related to a ballot that is adjudicated under Section
20A-4-105
.
(30)
"Election returns" means:
(a)
the pollbook;
(b)
the military and overseas absentee voter registration and voting certificates;
(c)
one of the tally sheets;
(d)
any unprocessed ballots;
(e)
all counted ballots;
(f)
all excess ballots;
(g)
all unused ballots;
(h)
all spoiled ballots;
(i)
all ballot disposition forms, including any provisional ballot disposition forms;
(j)
the final election results database described in Section
20A-5-802.5
;
(k)
all return envelopes;
(l)
any provisional ballot envelopes; and
(m)
the total votes cast form.
(31)
"Electronic signature" means an electronic sound, symbol, or process attached to or
logically associated with a record and executed or adopted by a person with the intent to
sign the record.
(32)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
"Inactive voter" means a registered voter who is listed as inactive by a county clerk
under Subsection
20A-2-505(4)(c)(i)
or
(ii)
.
(34)
"Judicial office" means the office filled by any judicial officer.
(35)
"Judicial officer" means any justice or judge of a court of record or any county court
judge.
(36)
"Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a
bond election.
(37)
"Local political subdivision" means a county, a municipality, a special district, or a
local school district.
(38)
"Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision
may vote.
(39)
"Manual ballot" means a paper document produced by an election officer on which an
individual records an individual's vote by directly placing a mark on the paper document
using a pen or other marking instrument.
(40)
"Mechanical ballot" means a record, including a paper record, electronic record, or
mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual
voter's vote.
(41)
"Municipal executive" means:
(a)
the mayor in the council-mayor form of government defined in Section
10-3b-102
; or
(b)
the mayor in the council-manager form of government defined in Subsection
10-3b-103(6)
.
(42)
"Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of
each odd-numbered year for the purposes established in Section
20A-1-202
.
(43)
"Municipal legislative body" means the council of the city or town in any form of
municipal government.
(44)
"Municipal office" means an elective office in a municipality.
(45)
"Municipal officers" means those municipal officers that are required by law to be
elected.
(46)
"Municipal primary election" means an election held to nominate candidates for
municipal office.
(47)
"Municipality" means a city or town.
(48)
"Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(49)
"Official endorsement" means the information on the ballot that identifies:
(a)
the ballot as an official ballot;
(b)
the date of the election; and
(c)
(i)
for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection
20A-6-401(1)(a)(iii)
; or
(ii)
for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(b)(iii)
.
(50)
"Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section
20A-5-401
.
(51)
"Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
(52)
(a)
"Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b)
"Poll worker" includes election judges.
(c)
"Poll worker" does not include a watcher.
(53)
"Pollbook" means a record of the names of voters in the order that the voters appear to
cast votes.
(54)
"Polling place" means a building where voting is conducted.
(55)
"Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks the voter's choice.
(56)
"Presidential Primary Election" means the election established in
Chapter 9, Part 8,
Presidential Primary Election
.
(57)
"Primary convention" means the political party conventions held during the year of the
regular general election.
(58)
"Protective counter" means a separate counter, which cannot be reset, that:
(a)
is built into a voting machine; and
(b)
records the total number of movements of the operating lever.
(59)
"Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(60)
"Provisional ballot" means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker.
(61)
"Provisional ballot envelope" means an envelope printed in the form required by
Section
20A-6-105
that is used to identify provisional ballots and to provide information
to verify a person's legal right to vote.
(62)
(a)
"Public figure" means an individual who, due to the individual being considered
for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's
safety.
(b)
"Public figure" does not include an individual:
(i)
elected to public office; or
(ii)
appointed to fill a vacancy in an elected public office.
(63)
"Qualify" or "qualified" means to take the oath of office and begin performing the
duties of the position for which the individual was elected.
(64)
"Receiving judge" means the poll worker that checks the voter's name in the official
register at a polling place and provides the voter with a ballot.
(65)
"Registration form" means a form by which an individual may register to vote under
this title.
(66)
"Regular ballot" means a ballot that is not a provisional ballot.
(67)
"Regular general election" means the election held throughout the state on the first
Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section
20A-1-201
.
(68)
"Regular primary election" means the election, held on the date specified in Section
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
(69)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
"Return envelope" means the envelope, described in Subsection
20A-3a-202(4)
,
provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature.
(71)
"Sample ballot" means a mock ballot similar in form to the official ballot, published as
provided in Section
20A-5-405
.
(72)
"Special district" means a local government entity under Title
17B, Limited Purpose
Local Government Entities - Special Districts
, and includes a special service district
under
Title 17D, Chapter 1, Special Service District Act
.
(73)
"Special district officers" means those special district board members who are required
by law to be elected.
(74)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
"Spoiled ballot" means each ballot that:
(a)
is spoiled by the voter;
(b)
is unable to be voted because it was spoiled by the printer or a poll worker; or
(c)
lacks the official endorsement.
(76)
"Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(77)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
"Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(80)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
, the absence of an individual to serve in a
position created by state constitution or state statute, whether that absence occurs
because of death, disability, disqualification, resignation, or other cause; or
(b)
in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or
disqualification.
(81)
"Valid voter identification" means:
(a)
a form of identification that bears the name and photograph of the voter which may
include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card issued under
Title 53, Chapter 3, Part 8,
Identification Card Act
;
(iii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iv)
a currently valid Utah permit to carry a concealed weapon;
(v)
a currently valid United States passport; or
(vi)
a currently valid United States military identification card;
(b)
one of the following identification cards, regardless of whether the card includes a
photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection
(81)(a)
or
(b)
but that bear the
name of the voter and provide evidence that the voter resides in the voting precinct,
which may include:
(i)
before January 1, 2029, an original or copy of a current utility bill, dated no more
than 90 calendar days before the date of the election;
(ii)
before January 1, 2029, an original or copy of a bank or other financial account
statement, dated no more than 90 calendar days before the date of the election;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
an original or copy of a check issued by the state or the federal government, dated
no more than 90 calendar days before the date of the election;
(vi)
an original or copy of a paycheck from the voter's employer, dated no more than
90 calendar days before the date of the election;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within
the state; or
(xiii)
a current Utah vehicle registration.
(82)
"Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(83)
"Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
(a)
mailing the ballot to the location designated in the mailing; or
(b)
depositing the ballot in a ballot drop box designated by the election officer.
(84)
"Voter" means an individual who:
(a)
meets the requirements for voting in an election;
(b)
meets the requirements of election registration;
(c)
is registered to vote; and
(d)
is listed in the official register.
(85)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
"Voting area" means the area within six feet of the voting booths, voting machines,
and ballot box.
(87)
"Voting booth" means:
(a)
the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b)
a voting device that is free standing.
(88)
"Voting device" means any device provided by an election officer for a voter to vote a
mechanical ballot.
(89)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
"Write-in vote" means a vote cast for an individual, whose name is not printed on the
ballot, in accordance with the procedures established in this title.
Section 6. Section
20A-4-301
is amended to read:
20A-4-301
. Board of canvassers.
(1)
(a)
Each county legislative body is the board of county canvassers for:
(i)
the county; and
(ii)
each special district whose election is conducted by the county if:
(A)
the election relates to the creation of the special district;
(B)
the county legislative body serves as the governing body of the special
district; or
(C)
there is no duly constituted governing body of the special district.
(b)
The board of county canvassers shall meet to canvass the returns at the usual place of
meeting of the county legislative body, at a date and time determined by the county
clerk that is no sooner than seven calendar days after the day of the election and no
later than 14 calendar days after the day of the election.
(c)
If one or more of the county legislative body fails to attend the meeting of the board
of county canvassers, the remaining members shall replace the absent member by
appointing in the order named:
(i)
the county treasurer;
(ii)
the county assessor; or
(iii)
the county sheriff.
(d)
Attendance of the number of persons equal to a simple majority of the county
legislative body, but not less than three persons, shall constitute a quorum for
conducting the canvass.
(e)
The county clerk is the clerk of the board of county canvassers.
(2)
(a)
The mayor and the municipal legislative body are the board of municipal
canvassers for the municipality.
(b)
The board of municipal canvassers shall meet to canvass the returns at the usual
place of meeting of the municipal legislative body:
(i)
for canvassing of returns from a municipal general election, no sooner than seven
calendar days after the day of the election and no later than 14 calendar days after
the day of the election; or
(ii)
for canvassing of returns from a municipal primary election, no sooner than seven
calendar days after the day of the election and no later than 14 calendar days after
the election.
(c)
Attendance of a simple majority of the municipal legislative body shall constitute a
quorum for conducting the canvass.
(3)
(a)
The legislative body of the entity authorizing a bond election is the board of
canvassers for each bond election.
(b)
The board of canvassers for the bond election shall comply with the canvassing
procedures and requirements of Section
11-14-207
.
(c)
Attendance of a simple majority of the legislative body of the entity authorizing a
bond election shall constitute a quorum for conducting the canvass.
(4)
(a)
If a board of trustees or an administrative control board is the governing body of a
special district, the board of trustees or the administrative control board is the board
of special district canvassers for the special district.
(b)
The board of special district canvassers shall meet to canvass the returns at the usual
place of meeting for the board of trustees or the administrative control board, as
applicable, at a date and time determined by the special district clerk that is no sooner
than seven calendar days after the day of the election and no later than 14 calendar
days after the day of the election.
(c)
Attendance of a simple majority of the board of trustees or the administrative control
board is a quorum for conducting the canvass.
(5)
(a)
The local school board of a school district is the board of school district
canvassers for a referendum election under Subsection
20A-7-102(4)
.
(b)
The board of school district canvassers shall meet to canvass the returns at the usual
place of meeting of the local school board no sooner than seven calendar days after
the day of the election and no later than 14 calendar days after the day of the election.
(c)
Attendance of a simple majority of the local school board shall constitute a quorum
for conducting the canvass.
(5)
(6)
In relation to an election for the creation of a new school district under Section
53G-3-301.1
,
53G-3-301.3
, or
53G-3-301.4
, or in relation to an election of members of a
local school board for a new school district or a reorganized new school district under
Section
53G-3-302
, the board of canvassers is:
(a)
if the voters permitted to vote in the election are all residents of the same
municipality, the mayor and the municipal legislative body;
(b)
if the voters permitted to vote in the election are not all residents of the same
municipality, but are all residents of the same county, the county legislative body; or
(c)
if the voters permitted to vote in the election are not all residents of the same
municipality and are not all residents of the same county, the county legislative body
of the county where the majority of the voters permitted to vote in the election are
residents.
Section 7. Section
20A-7-101
is amended to read:
20A-7-101
. Definitions.
As used in this chapter:
(1)
"Approved device" means a device described in Subsection
20A-21-201
(4) used to
gather signatures for the electronic initiative process, the electronic referendum process,
or the electronic candidate qualification process.
(2)
"Budget officer" means:
(a)
for a county, the person designated as finance officer as defined in Section
17-63-101
;
(b)
for a city, the person designated as budget officer in Subsection
10-6-106(4)
;
or
(c)
for a town, the town council
.
; or
(d)
for a school district, the individual appointed business administrator under Section
53G-4-302
.
(3)
"Certified" means that the county clerk has acknowledged a signature as being the
signature of a registered voter.
(4)
"Circulation" means the process of submitting an initiative petition or a referendum
petition to legal voters for their signature.
(5)
"Electronic initiative process" means:
(a)
as it relates to a statewide initiative, the process, described in Sections
20A-7-215

and
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local initiative, the process, described in Sections
20A-7-514
and
20A-21-201
, for gathering signatures.
(6)
"Electronic referendum process" means:
(a)
as it relates to a statewide referendum, the process, described in Sections
20A-7-313

and
20A-21-201
, for gathering signatures; or
(b)
as it relates to a local referendum, the process, described in Sections
20A-7-614
and
20A-21-201
, for gathering signatures.
(7)
"Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
town that is holding an election on a ballot proposition.
(8)
"Final fiscal impact statement" means a financial statement prepared after voters
approve an initiative that contains the information required by Subsection
20A-7-202.5(2)
or
20A-7-502.5(2)
.
(9)
"Initial fiscal impact statement" means a financial statement prepared under Section
20A-7-202.5
after the filing of a statewide initiative application.
(10)
"Initial fiscal impact and legal statement" means a financial and legal statement
prepared under Section
20A-7-502.5
or
20A-7-602.5
for a local initiative or a local
referendum.
(11)
"Initiative" means a new law proposed for adoption by the public as provided in this
chapter.
(12)
"Initiative application" means:
(a)
for a statewide initiative, an application described in Subsection
20A-7-202(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-202(2)
; or
(b)
for a local initiative, an application described in Subsection
20A-7-502(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-502(2)
.
(13)
"Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
and the signature sheets, all of which have been bound together as a unit.
(14)
"Initiative petition":
(a)
as it relates to a statewide initiative, using the manual initiative process:
(i)
means the form described in Subsection
20A-7-203(2)(a)
, petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-203(2)(b)
;
(b)
as it relates to a statewide initiative, using the electronic initiative process:
(i)
means the form described in Subsections
20A-7-215(2)
and (3), petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-215(5)(b)
;
(c)
as it relates to a local initiative, using the manual initiative process:
(i)
means the form described in Subsection
20A-7-503(2)(a)
, petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-503(2)(b)
; or
(d)
as it relates to a local initiative, using the electronic initiative process:
(i)
means the form described in Subsection
20A-7-514(2)(a)
, petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii)
if the initiative proposes a tax increase, includes the statement described in
Subsection
20A-7-514(4)(a)
.
(15)
(a)
"Land use law" means a law of general applicability, enacted based on the
weighing of broad, competing policy considerations, that relates to the use of land,
including a land use regulation, a general plan, a land use development code, an
annexation ordinance, the rezoning of a single property or multiple properties, or a
comprehensive zoning ordinance or resolution.
(b)
"Land use law" does not include a land use decision, as defined in Section
10-20-102

or
17-79-102
.
(16)
"Legal signatures" means the number of signatures of legal voters that:
(a)
meet the numerical requirements of this chapter; and
(b)
have been obtained, certified, and verified as provided in this chapter.
(17)
"Legal voter" means an individual who is registered to vote in Utah.
(18)
"Legally referable to voters" means:
(a)
for a proposed local initiative, that the proposed local initiative is legally referable to
voters under Section
20A-7-502.7
; or
(b)
for a proposed local referendum, that the proposed local referendum is legally
referable to voters under Section
20A-7-602.7
.
(19)
"Local attorney" means the county attorney, city attorney,
or
town attorney
, or local
school district attorney
in whose jurisdiction a local initiative or referendum petition is
circulated.
(20)
"Local clerk" means the county clerk, city recorder, or town clerk in whose
jurisdiction a local initiative or referendum petition is circulated.
(20)
"Local clerk" means:
(a)
(i)
for a local initiative or referendum that is a county initiative or referendum, the
county clerk in whose jurisdiction the local initiative or referendum petition is
circulated; or
(ii)
for a local referendum that is a school district referendum, the county clerk of the
county where a majority of the voters in the school district reside; or
(b)
for a local initiative or referendum that is a municipal initiative or referendum, the
city recorder or town clerk in whose jurisdiction the local initiative or referendum
petition is circulated.
(21)
(a)
"Local law" includes:
(i)
an ordinance;
(ii)
a resolution;
(iii)
a land use law;
(iv)
a land use regulation, as defined in Section
10-20-102
;
or
(v)
other legislative action of a local legislative body
.
; or
(vi)
any legislative action of a local school board, other than legislative action
described in Subsection
(21)(b)(ii)
.
(b)
"Local law" does not include
:

(i)
a land use decision, as defined in Section
10-20-102
.
; or
(ii)
a local school tax law.
(22)
(a)
"Local legislative body" means the legislative body of a county, city, or town.
(b)
"Local legislative body" does not include the local school board of a school district.
(23)
"Local obligation law" means a local law passed by the local legislative body
regarding a bond that was approved by a majority of qualified voters in an election.
(24)
"Local school board" means a board elected under Chapter 14, Part 2, Election of
Members of Local Board of Education.
(25)
(a)
"Local school tax law" means legislative action of a local school board that:
(i)
increases a tax or imposes a new tax; or
(ii)
otherwise imposes a payment obligation on property.
(b)
"Local school tax law" includes:
(i)
a board local levy under Section
53F-8-302
;
(ii)
a capital local levy
under Section
53F-8-303
; or
(iii)
any other tax or levy that is within a local school board's discretion to impose.
(c)
"Local school tax law" does not include legislative action of a local school board that
increases a tax or imposes a new tax, if the increased tax or new tax:
(i)
relates to a voted local levy under Section
53G-8-301
;
(ii)
relates to a bond election under Section
53G-4-603
;
(iii)
is a judgment levy imposed under Section
59-2-1330
; or
(iv)
is required to be imposed by state law, or is otherwise not within a local school
board's discretion to impose.
(24)
(26)
(a)
"Local tax law" means a law, passed by a political subdivision with an
annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
(b)
"Local tax law" does not include a local school tax law.
(25)
(27)
"Manual initiative process" means the process for gathering signatures for an
initiative using paper signature packets that a signer physically signs.
(26)
(28)
"Manual referendum process" means the process for gathering signatures for a
referendum using paper signature packets that a signer physically signs.
(27)
(29)
(a)
"Measure" means a proposed constitutional amendment, an initiative, or
referendum.
(b)
"Measure" does not include a ballot proposition for the creation of a new school
district under Section
53G-3-301.1
,
53G-3-301.3
, or
53G-3-301.4
.
(28)
(30)
"Presiding officers" means the president of the Senate and the speaker of the
House of Representatives.
(29)
(31)
"Referendum" means a process by which a law passed by the
Legislature or by a
local legislative body
Legislature, a local legislative body, or a local school board
is
submitted or referred to the voters for their approval or rejection.
(30)
(32)
"Referendum application" means:
(a)
for a statewide referendum, an application described in Subsection
20A-7-302(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-302(2)
; or
(b)
for a local referendum, an application described in Subsection
20A-7-602(2)
that
includes all the information, statements, documents, and notarized signatures
required under Subsection
20A-7-602(2)
.
(31)
(33)
"Referendum packet" means a copy of the referendum petition, a copy of the law
being submitted or referred to the voters for their approval or rejection, and the signature
sheets, all of which have been bound together as a unit.
(32)
(34)
"Referendum petition" means:
(a)
as it relates to a statewide referendum, using the manual referendum process, the
form described in Subsection
20A-7-303(2)(a)
, petitioning for submission of a law
passed by the Legislature to legal voters for their approval or rejection;
(b)
as it relates to a statewide referendum, using the electronic referendum process, the
form described in Subsection
20A-7-313(2)
, petitioning for submission of a law
passed by the Legislature to legal voters for their approval or rejection;
(c)
as it relates to a local referendum, using the manual referendum process, the form
described in Subsection
20A-7-603(2)(a)
, petitioning for submission of a local law
or
a local school tax law
to legal voters for their approval or rejection; or
(d)
as it relates to a local referendum, using the electronic referendum process, the form
described in Subsection
20A-7-614(2)
, petitioning for submission of a local law
or a
local school tax law
to legal voters for their approval or rejection.
(33)
(35)
"Signature":
(a)
for a statewide initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature
collected under Section
20A-7-215
and Subsection
20A-21-201(6)(c)
; or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-203
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature;
(b)
for a statewide referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature
collected under Section
20A-7-313
and Subsection
20A-21-201(6)(c)
; or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-303
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature;
(c)
for a local initiative:
(i)
as it relates to the electronic initiative process, means an electronic signature
collected under Section
20A-7-514
and Subsection
20A-21-201(6)(c)
; or
(ii)
as it relates to the manual initiative process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-503
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature; or
(d)
for a local referendum:
(i)
as it relates to the electronic referendum process, means an electronic signature
collected under Section
20A-7-614
and Subsection
20A-21-201(6)(c)
; or
(ii)
as it relates to the manual referendum process:
(A)
means a holographic signature collected physically on a signature sheet
described in Section
20A-7-603
;
(B)
as it relates to an individual who, due to a qualifying disability under the
Americans with Disabilities Act, is unable to fill out the signature sheet or to
sign the voter's name consistently, the initials "AV," indicating that the voter's
identity will be verified by an alternate verification process described in
Section
20A-7-106
; and
(C)
does not include an electronic signature.
(34)
(36)
"Signature sheets" means sheets in the form required by this chapter that are used
under the manual initiative process or the manual referendum process to collect
signatures in support of an initiative or referendum.
(35)
(37)
"Special local ballot proposition" means a local ballot proposition that is not a
standard local ballot proposition.
(36)
(38)
"Sponsors" means the legal voters who support the initiative or referendum and
who sign the initiative application or referendum application.
(37)
(39)
(a)
"Standard local ballot proposition" means a local ballot proposition for an
initiative or a referendum.
(b)
"Standard local ballot proposition" does not include a property tax referendum
described in Section
20A-7-613
.
(38)
(40)
"Tax percentage difference" means the difference between the tax rate proposed
by an initiative or an initiative petition and the current tax rate.
(39)
(41)
"Tax percentage increase" means a number calculated by dividing the tax
percentage difference by the current tax rate and rounding the result to the nearest
thousandth.
(40)
(42)
"Verified" means acknowledged by the person circulating the petition as required
in Section
20A-7-105
.
Section 8. Section
20A-7-102
is amended to read:
20A-7-102
. Initiatives and referenda authorized -- Restrictions.
By following the procedures and requirements of this chapter, Utah voters may, subject
to the restrictions
of Article VI, Sec. 1, Utah Constitution
of Utah Constitution, Article VI,
Section 1,
and this chapter:
(1)
initiate any desired legislation and cause it to be submitted to:
(a)
the Legislature or to a vote of the people for approval or rejection if it is a proposed
state law; or
(b)
a local legislative body or to a vote of the people if it is a local law;
(2)
require any law passed by the Legislature, except those laws passed by a two-thirds vote
of the members elected to each house of the Legislature, to be referred to the voters for
their approval or rejection before the law takes effect;
and
(3)
require any
law or ordinance
local law
passed by a local legislative body to be referred
to the voters for their approval or rejection before the law takes effect
.
; or
(4)
require any local law or local school tax law passed by a local school board to be
referred to the voters for their approval or rejection before the local law or local school
tax law takes effect, unless:
(a)
the local school board is comprised of five members and four members or more
voted in favor of the local law or local school tax law;
(b)
the local school board is comprised of seven members and five members or more
voted in favor of the local law or local school tax law; or
(c)
the local school board is comprised of nine members and seven members or more
voted in favor of the local law or local school tax law.
Section 9. Section
20A-7-401.3
is amended to read:
20A-7-401.3
. Voter participation areas.
(1)
(a)
Except as provided in Subsection
(2)
:
(i)
a city of the first or second class or a county of the first or second class shall, no
later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years
after 2022, divide the city or county into eight contiguous and compact voter
participation areas of substantially equal population; and
(ii)
a city of the third or fourth class or a county of the third or fourth class shall, no
later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years
after 2022, divide the city or county into four contiguous and compact voter
participation areas of substantially equal population.
(b)
A city or county shall use the voter participation areas described in Subsection
(1)(a)

or
(2)(b)
for the purpose described in Sections
20A-7-501
and
20A-7-601
.
(2)
(a)
This section does not apply to a county of the fifth or sixth class, a city of the fifth
class,
or a town
a town, or a school district
.
(b)
A city or county that has established council districts that are not at-large districts
may, regardless of the number of council districts that are not at-large districts, use
the council districts as voter participation areas under this section.
Section 10. Section
20A-7-401.5
is amended to read:
20A-7-401.5
. Proposition information pamphlet.
(1)
(a)
(i)
Within 15 calendar days after the day on which an eligible voter files an
application to circulate an initiative petition under Section
20A-7-502
or an
application to circulate a referendum petition under Section
20A-7-602
:
(A)
the sponsors of the proposed initiative or referendum may electronically
submit a written argument in favor of the proposed initiative or referendum to
the election officer of the
county or municipality
county, municipality, or
school district
to which the petition relates; and
(B)
the
county or municipality
county, municipality, or school district
to which
the application relates may electronically submit a written argument in favor
of, or against, the proposed initiative or referendum to the county's
or
municipality's
, municipality's, or school district's
election officer.
(ii)
If a
county or municipality
county, municipality, or school district
submits more
than one written argument under Subsection
(1)(a)(i)(B)
, the election officer shall
select one of the written arguments, giving preference to a written argument
submitted by a member of a local legislative body
or the local school board
if a
majority of the local legislative body
or the local school board
supports the written
argument.
(b)
Within one business day after the day on which an election officer receives an
argument under Subsection
(1)(a)(i)(A)
, the election officer shall provide a copy of
the argument to the
county or municipality
county, municipality, or school district

described in Subsection
(1)(a)(i)(B)
or
(1)(a)(ii)
, as applicable.
(c)
Within one business day after the date on which an election officer receives an
argument under Subsection
(1)(a)(i)(B)
, the election officer shall provide a copy of
the argument to the first three sponsors of the proposed initiative or referendum
described in Subsection
(1)(a)(i)(A)
.
(d)
The sponsors of the proposed initiative or referendum may electronically submit a
revised version of the written argument described in Subsection
(1)(a)(i)(A)
to the
election officer of the
county or municipality
county, municipality, or school district

to which the petition relates within 20 calendar days after the day on which the
eligible voter files an application to circulate an initiative petition under Section
20A-7-502
or an application to circulate a referendum petition under Section
20A-7-602
.
(e)
The author of a written argument described in Subsection
(1)(a)(i)(B)
submitted by a
county or municipality
county, municipality, or school district
may electronically
submit a revised version of the written argument to the county's
or municipality's
,
municipality's, or school district's
election officer within 20 calendar days after the
day on which the eligible voter files an application to circulate an initiative petition
under Section
20A-7-502
or an application to circulate a referendum petition under
Section
20A-7-602
.
(2)
(a)
A written argument described in Subsection
(1)
may not exceed 500 words.
(b)
Except as provided in Subsection
(2)(c)
, a person may not modify a written argument
described in Subsection
(1)(d)
or
(e)
after the written argument is submitted to the
election officer.
(c)
The election officer and the person
that
who
submits the written argument described
in Subsection
(1)(d)
or
(e)
may jointly agree to modify the written argument to:
(i)
correct factual, grammatical, or spelling errors; or
(ii)
reduce the number of words to come into compliance with Subsection
(2)(a)
.
(d)
An election officer shall refuse to include a written argument in the proposition
information pamphlet described in this section if the person who submits the
argument:
(i)
fails to negotiate, in good faith, to modify the argument in accordance with
Subsection
(2)(c)
; or
(ii)
does not timely submit the written argument to the election officer.
(e)
An election officer shall make a good faith effort to negotiate a modification
described in Subsection
(2)(c)
in an expedited manner.
(3)
An election officer who receives a written argument described in Subsection
(1)
shall
prepare a proposition information pamphlet for publication that includes:
(a)
a copy of the application for the proposed initiative or referendum;
(b)
except as provided in Subsection
(2)(d)
, immediately after the copy described in
Subsection
(3)(a)
, the argument prepared by the sponsors of the proposed initiative or
referendum, if any;
(c)
except as provided in Subsection
(2)(d)
, immediately after the argument described in
Subsection
(3)(b)
, the argument prepared by the county or municipality, if any; and
(d)
a copy of the initial fiscal impact statement and legal impact statement described in
Section
20A-7-502.5
or
20A-7-602.5
.
(4)
(a)
A proposition information pamphlet is a draft for purposes of
Title 63G, Chapter
2, Government Records Access and Management Act
, until the earlier of when the
election officer:
(i)
complies with Subsection
(4)(b)
; or
(ii)
publishes the proposition information pamphlet under Subsection
(5)
or
(6)
.
(b)
Within 21 calendar days after the day on which the eligible voter files an application
to circulate an initiative petition under Section
20A-7-502
, or an application to
circulate a referendum petition under Section
20A-7-602
, the election officer shall
provide a copy of the proposition information pamphlet to the sponsors of the
initiative or referendum and each individual who submitted an argument included in
the proposition information pamphlet.
(5)
An election officer for a municipality shall publish the proposition information
pamphlet as follows:
(a)
within the later of 10 calendar days after the day on which the municipality or a court
determines that the proposed initiative or referendum is legally referable to voters, or,
if the election officer modifies an argument under Subsection
(2)(c)
, three calendar
days after the day on which the election officer and the person
that
who
submitted
the argument agree on the modification:
(i)
by sending the proposition information pamphlet electronically to each individual
in the municipality for whom the municipality has an email address, unless the
individual has indicated that the municipality is prohibited from using the
individual's email address for that purpose; and
(ii)
by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section
63A-16-601
, and the home page of the municipality's
website, if the municipality has a website, until:
(A)
if the sponsors of the proposed initiative or referendum or an agent of the
sponsors do not timely deliver any verified initiative packets or any verified
referendum packets under Section
20A-7-105
, the day after the date of the
deadline for delivery of the verified initiative packets or verified referendum
packets;
(B)
the local clerk determines, under Section
20A-7-507
or
20A-7-607
, that the
number of signatures necessary to qualify the proposed initiative or referendum
for placement on the ballot is insufficient and the determination is not timely
appealed or is upheld after appeal; or
(C)
the day after the date of the election at which the proposed initiative or
referendum appears on the ballot; and
(b)
if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including an
Internet
internet
address, where a resident may
view the proposition information pamphlet, in the next mailing, for which the
municipality has not begun preparation, that falls on or after the later of:
(i)
10 calendar days after the day on which the municipality or a court determines that
the proposed initiative or referendum is legally referable to voters; or
(ii)
if the election officer modifies an argument under Subsection
(2)(c)
, three
calendar days after the day on which the election officer and the person
that
who

submitted the argument agree on the modification.
(6)
An election officer for a county shall, within the later of 10 calendar days after the day
on which the county or a court determines that the proposed initiative or referendum is
legally referable to voters, or, if the election officer modifies an argument under
Subsection
(2)(c)
, three calendar days after the day on which the election officer and the
person
that
who
submitted the argument agree on the modification, publish the
proposition information pamphlet as follows:
(a)
by sending the proposition information pamphlet electronically to each individual in
the county for whom the county has an email address obtained via voter registration;
and
(b)
by posting the proposition information pamphlet on the Utah Public Notice Website,
created in Section
63A-16-601
, and the home page of the county's website, until:
(i)
if the sponsors of the proposed initiative or referendum or an agent of the sponsors
do not timely deliver any verified initiative packets or any verified referendum
packets under Section
20A-7-105
, the day after the date of the deadline for
delivery of the verified initiative packets or verified referendum packets;
(ii)
the local clerk determines, under Section
20A-7-507
or
20A-7-607
, that the
number of signatures necessary to qualify the proposed initiative or referendum
for placement on the ballot is insufficient and the determination is not timely
appealed or is upheld after appeal; or
(iii)
the day after the date of the election at which the proposed initiative or
referendum appears on the ballot.
(7)
An election officer for a school district shall, within the later of 10 calendar days after
the day on which the school district or a court determines that the proposed referendum
is legally referable to voters, or, if the election officer modifies an argument under
Subsection
(2)(c)
, three calendar days after the day on which the election officer and the
person who submitted the argument agree on the modification, publish the proposition
information pamphlet as follows:
(a)
by sending the proposition information pamphlet electronically to each individual in
the school district for whom the school district has an email address, unless the
individual has indicated that the school district is prohibited from using the
individual's email address for that purpose;
(b)
by posting the proposition information pamphlet on the Utah Public Notice Website,
created in Section
63A-16-601
, and the home page of the school district's website, if
the school district has a website, until:
(i)
if the sponsors of the proposed referendum or an agent of the sponsors do not
timely deliver any verified referendum packets under Section
20A-7-105
, the day
after the date of the deadline for delivery of the verified referendum packets;
(ii)
the local clerk determines, under Section
20A-7-607
, that the number of
signatures necessary to qualify the proposed referendum for placement on the
ballot is insufficient and the determination is not timely appealed or is upheld after
appeal; or
(iii)
the day after the date of the election at which the proposed referendum appears
on the ballot.
(c)
if the school district regularly mails a newsletter or other material to the school
district's residents, including an internet address, where a resident may view the
proposition information pamphlet, in the next mailing, for which the school district
has not begun preparation, that falls on or after the later of:
(i)
10 calendar days after the day on which the school district or a court determines
that the proposed referendum is legally referable to voters; or
(ii)
if the election officer modifies an argument under Subsection
(2)(c)
, three
calendar days after the day on which the election officer and the person who
submitted the argument agree on the modification.
Section 11. Section
20A-7-402
is amended to read:
20A-7-402
. Local voter information pamphlet -- Notice -- Contents --
Limitations -- Preparation -- Statement on front cover.
(1)
(a)
The county
or municipality
, municipality, or school district
that is subject to a
ballot proposition shall prepare a local voter information pamphlet that complies with
the requirements of this part.
(b)
Each county or municipality that contains all or part of a proposed new school
district or a reorganized new school district that will appear on a regular general
election ballot under Section
53G-3-301.1
,
53G-3-301.3
, or
53G-3-301.4
shall
prepare a local voter information pamphlet that complies with the requirements of
this part.
(2)
(a)
Within the time requirements described in Subsection (2)(c)(i), a municipality
described in Subsection (1) shall provide a notice that complies with the requirements
of Subsection (2)(c)(ii) to the municipality's residents by publishing the notice for the
municipality, as a class A notice under Section
63G-30-102
, for the time period set
under Subsection (2)(c)(i)
A county, municipality, or school district described in
Subsection
(1)
shall provide a notice that complies with the requirements described in
Subsection
(2)(b)(ii)
to the county's, municipality's, or school district's residents by
publishing the notice for the county, municipality, or school district, as a class A
notice under Section
63G-30-102
, for the time period described in Subsection
(2)(b)(i)
.
(b)
A county described in Subsection (1) shall publish a notice that complies with the
requirements of Subsection (2)(c)(ii) for the county, as a class A notice under Section
63G-30-102
.
(c)
(b)
A municipality or county that publishes a notice under Subsection (2)(a) or (b)
shall
A county, municipality, or school district that publishes a notice under
Subsection
(2)(a)
shall
:
(i)
publish the notice:
(A)
not less than 90 calendar days before the date of the election at which a
special local ballot proposition will be voted upon; or
(B)
if the requirements of Subsection
(2)(c)(i)(A)
(2)(b)(i)(A)
cannot be met, as
soon as practicable after the special local ballot proposition is approved to be
voted upon in an election; and
(ii)
ensure that the notice contains:
(A)
the ballot title for the special local ballot proposition;
(B)
instructions on how to file a request under Subsection
(2)(d)
(2)(c)
; and
(C)
the deadline described in Subsection
(2)(d)
(2)(c)
.
(d)
(c)
Except as provided in Subsection
(13)
, to
To
prepare a written argument for or
against a special local ballot proposition, an eligible voter shall file a request with the
election officer no later than 5 p.m. on the last business day that is at least 64
calendar days before the day of the election at which the special local ballot
proposition is to be voted on.
(e)
(d)
If more than one eligible voter requests the opportunity to prepare a written
argument for or against a special local ballot proposition, the election officer shall
make the final designation in accordance with the following order of priority:
(i)
sponsors have priority in preparing an argument regarding a special local ballot
proposition; and
(ii)
members of the local legislative body
or the local school board
have priority over
others if a majority of the local legislative body
or the local school board
supports
the written argument.
(f)
(e)
Except as provided in Subsection
(13)
, the
The
election officer shall grant a
request described in Subsection
(2)(d) or (e)
(2)(c)
or (d)
no later than 60 calendar
days before the day of the election at which the ballot proposition is to be voted on.
(g)
(f)
(i)
A sponsor of a special local ballot proposition may prepare a written
argument in favor of the special local ballot proposition.
(ii)
Subject to Subsection
(2)(e)
(2)(d)
, an eligible voter opposed to the special local
ballot proposition who submits a request under Subsection
(2)(d)
(2)(c)
may
prepare a written argument against the special local ballot proposition.
(h)
(g)
An eligible voter who submits a written argument under this section in relation
to a special local ballot proposition shall:
(i)
ensure that the written argument does not exceed 500 words in length, not
counting the information described in Subsection
(2)(h)(ii)
(2)(g)(ii)
or
(iv)
;
(ii)
list, at the end of the argument, at least one, but no more than five, names as
sponsors;
(iii)
except as provided in Subsection
(13)
,
submit the written argument to the
election officer no later than 5 p.m. on the last business day that is at least 55
calendar days before the election day on which the ballot proposition will be
submitted to the voters;
(iv)
list in the argument, immediately after the eligible voter's name, the eligible
voter's residential address; and
(v)
submit with the written argument the eligible voter's name, residential address,
postal address, email address if available, and phone number.
(i)
(h)
An election officer shall refuse to accept and publish an argument submitted
after the deadline described in Subsection
(2)(h)(iii)
(2)(g)(iii)
.
(3)
(a)
An election officer who timely receives the written arguments in favor of and
against a special local ballot proposition shall, within one business day after the day
on which the election office receives both written arguments, send, via mail or email:
(i)
a copy of the written argument in favor of the special local ballot proposition to
the eligible voter who submitted the written argument against the special local
ballot proposition; and
(ii)
a copy of the written argument against the special local ballot proposition to the
eligible voter who submitted the written argument in favor of the special local
ballot proposition.
(b)
The eligible voter who submitted a timely written argument in favor of the special
local ballot proposition:
(i)
may submit to the election officer a written rebuttal argument of the written
argument against the special local ballot proposition;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in
length, not counting the information described in Subsection
(2)(h)(ii)
(2)(g)(ii)

or
(iv)
; and
(iii)
except as provided in Subsection
(13)
,
shall submit the written rebuttal
argument no later than 5 p.m. on the last business day that is at least 45 calendar
days before the election day on which the special local ballot proposition will be
submitted to the voters.
(c)
The eligible voter who submitted a timely written argument against the special local
ballot proposition:
(i)
may submit to the election officer a written rebuttal argument of the written
argument in favor of the special local ballot proposition;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in
length, not counting the information described in Subsection
(2)(h)(ii)
(2)(g)(ii)

or
(iv)
; and
(iii)
except as provided in Subsection
(13)
,
shall submit the written rebuttal
argument no later than 5 p.m. on the last business day that is at least 45 calendar
days before the election day on which the special local ballot proposition will be
submitted to the voters.
(d)
An election officer shall refuse to accept and publish a written rebuttal argument in
relation to a special local ballot proposition that is submitted after the deadline
described in Subsection
(3)(b)(iii)
or
(3)(c)(iii)
.
(4)
(a)
Except as provided in Subsection
(4)(b)
, in relation to a special local ballot
proposition:
(i)
an eligible voter may not modify a written argument or a written rebuttal argument
after the eligible voter submits the written argument or written rebuttal argument
to the election officer; and
(ii)
a person other than the eligible voter described in Subsection
(4)(a)(i)
may not
modify a written argument or a written rebuttal argument.
(b)
The election officer, and the eligible voter who submits a written argument or written
rebuttal argument in relation to a special local ballot proposition, may jointly agree to
modify a written argument or written rebuttal argument in order to:
(i)
correct factual, grammatical, or spelling errors; and
(ii)
reduce the number of words to come into compliance with the requirements of
this section.
(c)
An election officer shall refuse to accept and publish a written argument or written
rebuttal argument in relation to a special local ballot proposition if the eligible voter
who submits the written argument or written rebuttal argument fails to negotiate, in
good faith, to modify the written argument or written rebuttal argument in accordance
with Subsection
(4)(b)
.
(5)
In relation to a special local ballot proposition, an election officer may designate another
eligible voter to take the place of an eligible voter described in this section if the original
eligible voter is, due to injury, illness, death, or another circumstance, unable to continue
to fulfill the duties of an eligible voter described in this section.
(6)
Sponsors whose written argument in favor of a standard local ballot proposition is
included in a proposition information pamphlet under Section
20A-7-401.5
:
(a)
may, if a written argument against the standard local ballot proposition is included in
the proposition information pamphlet, submit a written rebuttal argument to the
election officer;
(b)
shall ensure that the written rebuttal argument does not exceed 250 words in length;
and
(c)
shall submit the written rebuttal argument no later than 5 p.m. on the last business
day that is at least 45 calendar days before the election day on which the standard
local ballot proposition will be submitted to the voters.
(7)
(a)
A county
or municipality
, municipality, or school district
that submitted a
written argument against a standard local ballot proposition that is included in a
proposition information pamphlet under Section
20A-7-401.5
:
(i)
may, if a written argument in favor of the standard local ballot proposition is
included in the proposition information pamphlet, submit a written rebuttal
argument to the election officer;
(ii)
shall ensure that the written rebuttal argument does not exceed 250 words in
length; and
(iii)
shall submit the written rebuttal argument no later than 5 p.m. on the last
business day that is at least 45 calendar days before the election day on which the
ballot proposition will be submitted to the voters.
(b)
If a county
or municipality
, municipality, or school district
submits more than one
written rebuttal argument under Subsection
(7)(a)(i)
, the election officer shall select
one of the written rebuttal arguments, giving preference to a written rebuttal
argument submitted by a member of a local legislative body
or local school board
.
(8)
(a)
An election officer shall refuse to accept and publish a written rebuttal argument
that is submitted after the deadline described in Subsection
(6)(c)
or
(7)(a)(iii)
.
(b)
Before an election officer publishes a local voter information pamphlet under this
section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2,
Government Records Access and Management Act.
(c)
An election officer who receives a written rebuttal argument described in this section
may not, before publishing the local voter information pamphlet described in this
section, disclose the written rebuttal argument, or any information contained in the
written rebuttal argument, to any person who may in any way be involved in
preparing an opposing rebuttal argument.
(9)
(a)
Except as provided in Subsection
(9)(b)
, a person may not modify a written
rebuttal argument after the written rebuttal argument is submitted to the election
officer.
(b)
The election officer, and the person who submits a written rebuttal argument, may
jointly agree to modify a written rebuttal argument in order to:
(i)
correct factual, grammatical, or spelling errors; or
(ii)
reduce the number of words to come into compliance with the requirements of
this section.
(c)
An election officer shall refuse to accept and publish a written rebuttal argument if
the person who submits the written rebuttal argument:
(i)
fails to negotiate, in good faith, to modify the written rebuttal argument in
accordance with Subsection
(9)(b)
; or
(ii)
does not timely submit the written rebuttal argument to the election officer.
(d)
An election officer shall make a good faith effort to negotiate a modification
described in Subsection
(9)(b)
in an expedited manner.
(10)
An election officer may designate another person to take the place of a person who
submits a written rebuttal argument in relation to a standard local ballot proposition if
the person is, due to injury, illness, death, or another circumstance, unable to continue to
fulfill the person's duties.
(11)
(a)
The local voter information pamphlet shall include a copy of the initial fiscal
impact estimate and the legal impact statement prepared for each initiative under
Section
20A-7-502.5
.
(b)
If the initiative proposes a tax increase, the local voter information pamphlet shall include
the following statement in bold type:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
(12)
(a)
In preparing the local voter information pamphlet, the election officer shall:
(i)
ensure that the written arguments are printed on the same sheet of paper upon
which the ballot proposition is also printed;
(ii)
ensure that the following statement is printed on the front cover or the heading of the first
page of the printed written arguments:
"The arguments for or against a ballot proposition are the opinions of the authors.";
(iii)
pay for the printing and binding of the local voter information pamphlet; and
(iv)
not less than 15 calendar days before, but not more than 45 calendar days before,
the election at which the ballot proposition will be voted on, distribute, by mail or
carrier, to each registered voter entitled to vote on the ballot proposition:
(A)
a voter information pamphlet; or
(B)
the notice described in Subsection
(12)(c)
.
(b)
(i)
If the language of the ballot proposition exceeds 500 words in length, the
election officer may summarize the ballot proposition in 500 words or less.
(ii)
The summary shall state where a complete copy of the ballot proposition is
available for public review.
(c)
(i)
The election officer may distribute a notice printed on a postage prepaid,
preaddressed return form that a person may use to request delivery of a voter
information pamphlet by mail.
(ii)
The notice described in Subsection
(12)(c)(i)
shall include:
(A)
the address of the Statewide Electronic Voter Information Website authorized
by Section
20A-7-801
; and
(B)
the phone number a voter may call to request delivery of a voter information
pamphlet by mail or carrier.
(13)
For 2024 only, in relation to an election that will appear on the regular general
election ballot to create a new school district under Section
53G-3-301.1
,
53G-3-301.3
,
or
53G-3-301.4
, if the notice described in Subsection (2)(b) is published less than 72
calendar days before the day of the election:
(a)
the deadline to file a request described in Subsection (2)(d) is before 5 p.m. no later
than five business days after the notice is published;
(b)
the deadline to grant a request under Subsection (2)(f) is no later than seven
business days after the notice is published;
(c)
the deadline to submit the written argument to the election officer under Subsection
(2)(h)(iii) is before 5 p.m. no later than 12 business days after the notice is published;
and
(d)
the deadline to submit the written rebuttal argument under Subsection (3)(b)(iii) or
(c)(iii) is no later than 17 business days after the notice is published.
Section 12. Section
20A-7-405
is amended to read:
20A-7-405
. Public meeting.
(1)
A
county or municipality
county, municipality, or school district
may not discuss a
proposed initiative, an initiative, a proposed referendum, or a referendum at a public
meeting unless the
county or municipality
county, municipality, or school district

complies with the requirements of this section.
(2)
The legislative body of a
county or municipality
county, municipality, or school district

may hold a public meeting to discuss a proposed initiative, an initiative, a proposed
referendum, or a referendum if the legislative body:
(a)
allows equal time, within a reasonable limit, for presentations on both sides of the
proposed initiative, initiative, proposed referendum, or referendum;
(b)
provides interested parties an opportunity to present oral testimony within reasonable
time limits; and
(c)
holds the public meeting:
(i)
during the legislative body's normal meeting time; or
(ii)
for a meeting time other than the legislative body's normal meeting time,
beginning at or after 6 p.m.
(3)
This section does not prohibit a working group meeting from being held before 6 p.m.
Section 13. Section
20A-7-601
is amended to read:
20A-7-601
. Referenda -- General signature requirements -- Signature
requirements for land use laws, subjurisdictional laws, and transit area land use laws --
Time requirements.
(1)
As used in this section:
(a)
"Number of active voters" means the number of active voters in the county, city,
or
town
, or school district
on the immediately preceding January 1.
(b)
"Qualifying county" means a county that has created a small public transit district, as
defined in Section
17B-2a-802
, on or before January 1, 2022.
(c)
"Qualifying transit area" means:
(i)
a station area, as defined in Section
10-21-101
, for which the municipality with
jurisdiction over the station area has satisfied the requirements of Subsection
10-21-203(1)(a)(i)
, as demonstrated by the adoption of a station area plan or
resolution under Subsection
10-21-203(1)
; or
(ii)
a housing and transit reinvestment zone, as defined in Section
63N-3-602
, created
within a qualifying county.
(d)
"Subjurisdiction" means an area comprised of all precincts and subprecincts in the
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(e)
(i)
"Subjurisdictional law" means a local law or local obligation law passed by a
local legislative body that imposes a tax or other payment obligation on property
in an area that does not include all precincts and subprecincts under the
jurisdiction of the county, city, or town.
(ii)
"Subjurisdictional law" does not include a land use law.
(f)
"Transit area land use law" means a land use law that relates to the use of land within
a qualifying transit area.
(g)
"Voter participation area" means an area described in Subsection
20A-7-401.3(1)(a)

or
(2)(b)
.
(2)
Except as provided in Subsections
(3)
through
(5)
, an eligible voter seeking to have a
local law passed by the local legislative body submitted to a vote of the people shall,
after filing a referendum application, obtain legal signatures equal to:
(a)
for a county of the first class:
(i)
7.75% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020,
7.75% of the number of active voters in at least
75% of the county's voter participation areas;
(b)
for a city of the first class:
(i)
7.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
7.5% of the number of active voters in at least
75% of the city's voter participation areas;
(c)
for a county of the second class:
(i)
8% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020,
8% of the number of active voters in at least 75%
of the county's voter participation areas;
(d)
for a city of the second class:
(i)
8.25% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
8.25% of the number of active voters in at least
75% of the city's voter participation areas;
(e)
for a county of the third class:
(i)
9.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020,
9.5% of the number of active voters in at least
75% of the county's voter participation areas;
(f)
for a city of the third class:
(i)
10% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
10% of the number of active voters in at least
75% of the city's voter participation areas;
(g)
for a county of the fourth class:
(i)
11.5% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020,
11.5% of the number of active voters in at least
75% of the county's voter participation areas;
(h)
for a city of the fourth class:
(i)
11.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
11.5% of the number of active voters in at least
75% of the city's voter participation areas;
(i)
for a city of the fifth class or a county of the fifth class, 25% of the number of active
voters in the city or county; or
(j)
for a town or a county of the sixth class, 35% of the number of active voters in the
town or county.
(3)
Except as provided in Subsection
(4)
or
(5)
, an eligible voter seeking to have a land use
law or local obligation law passed by the local legislative body submitted to a vote of the
people shall, after filing a referendum application, obtain legal signatures equal to:
(a)
for a county of the first, second, third, or fourth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020,
16% of the number of active voters in at least
75% of the county's voter participation areas;
(b)
for a county of the fifth or sixth class:
(i)
16% of the number of active voters in the county; and
(ii)
beginning on January 1, 2020,
16% of the number of active voters in at least
75% of the county's voter participation areas;
(c)
for a city of the first class:
(i)
15% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
15% of the number of active voters in at least
75% of the city's voter participation areas;
(d)
for or a city of the second class:
(i)
16% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
16% of the number of active voters in at least
75% of the city's voter participation areas;
(e)
for a city of the third class:
(i)
27.5% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
27.5% of the number of active voters in at least
75% of the city's voter participation areas;
(f)
for a city of the fourth class:
(i)
29% of the number of active voters in the city; and
(ii)
beginning on January 1, 2020,
29% of the number of active voters in at least
75% of the city's voter participation areas;
(g)
for a city of the fifth class, 35% of the number of active voters in the city; or
(h)
for a town, 40% of the number of active voters in the town.
(4)
A person seeking to have a subjurisdictional law passed by the local legislative body
submitted to a vote of the people shall, after filing a referendum application, obtain legal
signatures of the residents in the subjurisdiction equal to:
(a)
10% of the number of active voters in the subjurisdiction if the number of active
voters exceeds 25,000;
(b)
12.5% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 25,000 but is more than 10,000;
(c)
15% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 10,000 but is more than 2,500;
(d)
20% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 2,500 but is more than 500;
(e)
25% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 500 but is more than 250;
and
or
(f)
30% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 250.
(5)
An eligible voter seeking to have a transit area land use law passed by the local
legislative body submitted to a vote of the people shall, after filing a referendum
application, obtain legal signatures equal to:
(a)
for a county:
(i)
20% of the number of active voters in the county; and
(ii)
21% of the number of active voters in at least 75% of the county's voter
participation areas;
(b)
for a city of the first class:
(i)
20% of the number of active voters in the city; and
(ii)
20% of the number of active voters in at least 75% of the city's voter participation
areas;
(c)
for a city of the second class:
(i)
20% of the number of active voters in the city; and
(ii)
21% of the number of active voters in at least 75% of the city's voter participation
areas;
(d)
for a city of the third class:
(i)
34% of the number of active voters in the city; and
(ii)
34% of the number of active voters in at least 75% of the city's voter participation
areas;
(e)
for a city of the fourth class:
(i)
36% of the number of active voters in the city; and
(ii)
36% of the number of active voters in at least 75% of the city's voter participation
areas; or
(f)
for a city of the fifth class or a town, 40% of the number of active voters in the city or
town.
(6)
An eligible voter seeking to have a local law or local school tax law passed by the local
school board of a school district submitted to a vote of the people shall, after filing a
referendum application, obtain legal signatures equal to:
(a)
10% of the number of active voters in the school district if the number of active
voters exceeds 25,000;
(b)
12.5% of the number of active voters in the school district if the number of active
voters does not exceed 25,000 but is more than 10,000;
(c)
15% of the number of active voters in the school district if the number of active
voters does not exceed 10,000 but is more than 2,500;
(d)
20% of the number of active voters in the school district if the number of active
voters does not exceed 2,500 but is more than 500;
(e)
25% of the number of active voters in the school district if the number of active
voters does not exceed 500 but is more than 250; or
(f)
30% of the number of active voters in the school district if the number of active
voters does not exceed 250.
(6)
(7)
Sponsors of any referendum petition challenging, under Subsection
(2)
, (3), (4),
or
(5),
or (6),
any local law
or local school tax law
passed by a local legislative body
or
local school board, as applicable,
shall file the application no later than the first business
day that is at least five
calendar
days after the day on which the local law
or the local
school tax law
was passed.
(7)
(8)
This section does not authorize a local legislative body to impose a tax or other
payment obligation on a subjurisdiction in order to benefit an area outside of the
subjurisdiction.
Section 14. Section
20A-7-602
is amended to read:
20A-7-602
. Local referendum process -- Application procedures.
(1)
Individuals wishing to circulate a referendum petition shall file a referendum
application with the local clerk.
(2)
The referendum application shall include:
(a)
the name and residence address of at least five sponsors of the referendum petition;
(b)
a statement indicating that each of the sponsors is registered to vote in Utah;
(c)
a statement indicating whether persons gathering signatures for the referendum
petition may be paid for gathering signatures;
(d)
the signature of each of the sponsors, acknowledged by a notary public; and
(e)
(i)
if the referendum challenges an ordinance or resolution, a copy of the ordinance
or resolution;
or
(ii)
if the referendum challenges a local law that is not an ordinance or resolution, a
written description of the local law, including the result of the
local legislative
body's
vote on the local law
.
; or
(iii)
if the referendum challenges a local school tax law, a written description of the
local school tax law, including the results of the local school board's vote on the
local school tax law.
Section 15. Section
20A-7-602.5
is amended to read:
20A-7-602.5
. Initial fiscal and legal impact statement -- Preparation of statement.
(1)
Within three business days after the day on which the local clerk receives a referendum
application, the local clerk shall submit a copy of the referendum application to the
county, city, or town's
county's, city's, town's, or school district's
budget officer.
(2)
(a)
The budget officer, together with legal counsel, shall prepare an unbiased, good
faith initial fiscal and legal impact statement for repealing the law the referendum
proposes to repeal that contains:
(i)
a dollar amount representing the total estimated fiscal impact of repealing the law;
(ii)
if repealing the law would increase or decrease taxes, a dollar amount
representing the total estimated increase or decrease for each type of tax that
would be impacted by the law's repeal and a dollar amount representing the total
estimated increase or decrease in taxes that would result from the law's repeal;
(iii)
if repealing the law would result in the issuance or a change in the status of
bonds, notes, or other debt instruments, a dollar amount representing the total
estimated increase or decrease in public debt that would result;
(iv)
a listing of all sources of funding for the estimated costs that would be associated
with the law's repeal, showing each source of funding and the percentage of total
funding that would be provided from each source;
(v)
a dollar amount representing the estimated costs or savings, if any, to state and
local government entities if the law were repealed;
(vi)
the legal impacts that would result from repealing the law, including:
(A)
any significant effects on a person's vested property rights;
(B)
any significant effects on other laws or ordinances;
(C)
any significant legal liability the city, county, or town may incur; and
(D)
any other significant legal impact as determined by the budget officer and the
legal counsel; and
(vii)
a concise explanation, not exceeding 100 words, of the information described in
this Subsection
(2)(a)
and of the estimated fiscal impact, if any, if the law were
repealed.
(b)
(i)
If repealing the law would have no fiscal impact, the local budget officer shall include a
summary statement in the initial fiscal impact and legal statement in substantially the
following form:
"The (title of the local budget officer) estimates that repealing the law this referendum
proposes to repeal would have no significant fiscal impact and would not result in either an
increase or decrease in taxes or debt."
(ii)
If repealing the law is estimated to have a fiscal impact, the local budget officer
shall include a summary statement in the initial fiscal and legal impact statement
describing the fiscal impact.
(iii)
If the estimated fiscal impact of repealing the law is highly variable or is
otherwise difficult to reasonably express in a summary statement, the local budget
officer may include in the summary statement a brief explanation that identifies
those factors impacting the variability or difficulty of the estimate.
(3)
Within 20 calendar days after the day on which the local clerk submits a copy of the
application under Subsection
(1)
, the budget officer shall:
(a)
send a copy of the initial fiscal impact and legal statement to the local clerk's office;
and
(b)
send a copy of the initial fiscal impact and legal statement to the first three sponsors
named in the referendum application.
Section 16. Section
20A-7-602.7
is amended to read:
20A-7-602.7
. Referability to voters of local law other than land use law.
(1)
Within 20 calendar days after the day on which an eligible voter files a referendum
application under Section
20A-7-602
for a
local school tax law, or a
local law other than
a land use law, counsel for the county, city,
or town
town, or school district
to which
the referendum
pertains
relates
shall:
(a)
review the referendum application to determine whether the proposed referendum is
legally referable to voters; and
(b)
notify the first three sponsors, in writing, whether the proposed referendum is:
(i)
legally referable to voters; or
(ii)
rejected as not legally referable to voters.
(2)
For a local
school tax law, or a local
law other than a land use law, a proposed
referendum is legally referable to voters unless:
(a)
the proposed referendum challenges an action that is administrative, rather than
legislative, in nature;
(b)
the proposed referendum challenges more than one law passed by the local
legislative body
or the local school board
; or
(c)
the referendum application was not timely filed or does not comply with the
requirements of this part.
(3)
After the end of the 20-calendar-day period described in Subsection
(1)
,
a county, city,
or town may not, for a local law other than a land use law
a county, city, town, or school
district may not, for a local school tax law, or a local law other than a land use law
:
(a)
reject a proposed referendum as not legally referable to voters; or
(b)
except as provided in Subsection
(4)
, challenge, in a legal action or otherwise, a
proposed referendum on the grounds that the proposed referendum is not legally
referable to voters.
(4)
(a)
If, under Subsection
(1)(b)(ii)
, a county, city,
or town
town, or school district

rejects a proposed referendum concerning a local
school tax law, or a local
law other
than a land use law, a sponsor of the proposed referendum may, within 10 days after
the day on which a sponsor is notified under Subsection
(1)(b)
, challenge or appeal
the decision to:
(i)
the Supreme Court, by means of an extraordinary writ, if possible; or
(ii)
a district court, if the sponsor is prohibited from pursuing an extraordinary writ
under Subsection
(4)(a)(i)
.
(b)
Failure of a sponsor to timely challenge or appeal a rejection under Subsection
(4)(a)

terminates the referendum.
(5)
If, on a challenge or appeal, the court determines that the proposed referendum
described in Subsection
(4)
is legally referable to voters, the local clerk shall comply
with Subsection
20A-7-604(3)
, or give the sponsors access to the website defined in
Section
20A-21-101
, within five calendar days after the day on which the determination,
and any challenge or appeal of the determination, is final.
The following section is affected by a coordination clause at the end of this bill.
Section 17. Section
20A-7-603
is amended to read:
20A-7-603
. Manual referendum process -- Form of referendum petition and
signature sheet.
(1)
This section applies only to the manual referendum process.
(2)
(a)
Each proposed referendum petition shall be printed in substantially the following form:
"REFERENDUM PETITION To the Honorable ____, County Clerk/City
Recorder/Town Clerk:
We, the undersigned citizens of Utah, respectfully order that (description of
the
local
law
or local school tax law,
or portion of local law
or local school tax law
being challenged),
passed by the ____ be referred to the voters for their approval or rejection at the
regular/municipal general election to be held on __________(month\day\year);
Each signer says:
I have personally signed this referendum petition or, if I am an individual with a
qualifying disability, I have signed this referendum petition by directing the signature gatherer
to enter the initials "AV" as my signature;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I have personally read the entire statement included with this packet;
I am registered to vote in Utah; and
My residence and post office address are written correctly after my name."
(b)
The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
law that is the subject of the referendum to each referendum petition.
(3)
Each referendum signature sheet shall:
(a)
be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b)
be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c)
include the title of the referendum printed below the horizontal line, in at least
14-point type;
(d)
include a table immediately below the title of the referendum, and beginning .5 inch
from the left side of the paper, as follows:
(i)
the first column shall be .5 inch wide and include three rows;
(ii)
the first row of the first column shall be .85 inch tall and contain the words "For
Office Use Only" in 10-point type;
(iii)
the second row of the first column shall be .35 inch tall;
(iv)
the third row of the first column shall be .5 inch tall;
(v)
the second column shall be 2.75 inches wide;
(vi)
the first row of the second column shall be .35 inch tall and contain the words
"Registered Voter's Printed Name (must be legible to be counted)" in 10-point
type;
(vii)
the second row of the second column shall be .5 inch tall;
(viii)
the third row of the second column shall be .35 inch tall and contain the words
"Street Address, City, Zip Code" in 10-point type;
(ix)
the fourth row of the second column shall be .5 inch tall;
(x)
the third column shall be 2.75 inches wide;
(xi)
the first row of the third column shall be .35 inch tall and contain the words
"Signature of Registered Voter" in 10-point type;
(xii)
the second row of the third column shall be .5 inch tall;
(xiii)
the third row of the third column shall be .35 inch tall and contain the words
"Email Address (optional, to receive additional information)" in 10-point type;
(xiv)
the fourth row of the third column shall be .5 inch tall;
(xv)
the fourth column shall be one inch wide;
(xvi)
the first row of the fourth column shall be .35 inch tall and contain the words
"Date Signed" in 10-point type;
(xvii)
the second row of the fourth column shall be .5 inch tall;
(xviii)
the third row of the fourth column shall be .35 inch tall and contain the words
"Birth Date or Age (optional)" in 10-point type;
(xix)
the fourth row of the third column shall be .5 inch tall; and
(xx)
the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
and contain the following words, "By signing this referendum petition, you are
stating that you have read and understand the law that this referendum petition
seeks to overturn." in 12-point type;
(e)
the table described in Subsection
(3)(d)
shall be repeated, leaving sufficient room at
the bottom of the sheet or the information described in Subsection
(3)(f)
; and
(f)
at the bottom of the sheet, include the word "Warning," in 12-point, bold type, followed by
the following statement in not less than eight-point type:
"It is a class A misdemeanor for an individual to sign a referendum petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same referendum petition, or to sign a referendum petition when the individual
knows that the individual is not a registered voter.
Birth date or age information is not required, but it may be used to verify your identity
with voter registration records. If you choose not to provide it, your signature may not be
verified as a valid signature if you change your address before petition signatures are verified
or if the information you provide does not match your voter registration records."
(4)
The final page of each referendum packet shall contain the following printed or typed
statement:
"Verification of signature collector
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be
the individuals whose names appear in it, and each of the individuals signed the individual's
name on it in my presence or, in the case of an individual with a qualifying disability, I have
signed this referendum petition on the individual's behalf, at the direction of the individual and
in the individual's presence, by entering the initials "AV" as the individual's signature;
I certify that, for each individual whose signature is represented in this referendum
packet by the initials "AV":
I obtained the individual's voluntary direction or consent to sign the referendum
petition on the individual's behalf;
I do not believe, or have reason to believe, that the individual lacked the mental
capacity to give direction or consent;
I do not believe, or have reason to believe, that the individual did not
understand the purpose or nature of my signing the referendum petition on the individual's
behalf;
I did not intentionally or knowingly deceive the individual into directing me to,
or consenting for me to, sign the referendum petition on the individual's behalf; and
I did not intentionally or knowingly enter false information on the signature
sheet;
I did not knowingly make a misrepresentation of fact concerning the law this petition
seeks to overturn; and
I believe that each individual's name, post office address, and residence is written
correctly, that each signer has read the law that the referendum seeks to overturn, and that each
signer is registered to vote in Utah.
________________________________________________________________________
(Name)
(Residence Address)
(Date)
The correct date of signature appears next to each individual's name.
I have not paid or given anything of value to any individual who signed this referendum
packet to encourage that individual to sign it.
_____________________________________________________________________
(Name)
(Residence Address)
(Date)".
(5)
If the forms described in this section are substantially followed, the referendum
petitions are sufficient, notwithstanding clerical and merely technical errors.
Section 18. Section
20A-7-604
is amended to read:
20A-7-604
. Manual referendum process -- Circulation requirements -- Local
clerk to provide sponsors with materials.
(1)
This section applies only to the manual referendum process.
(2)
In order to obtain the necessary number of signatures required by this part, the sponsors
or an agent of the sponsors shall, after the sponsors receive the documents described in
Subsections
(3)
and
20A-7-401.5(4)(b)
, circulate referendum packets that meet the form
requirements of this part.
(3)
Within five calendar days after the day on which a county, city, town,
school district,
or
court determines, in accordance with Section
20A-7-602.7
, that a proposed referendum
is legally referable to voters, the local clerk shall provide the sponsors with:
(a)
a copy of the referendum petition;
(b)
a signature sheet; and
(c)
a copy of the proposition information pamphlet provided to the sponsors under
Subsection
20A-7-401.5(4)(b)
.
(4)
The sponsors of the referendum petition shall:
(a)
arrange and pay for the printing of all documents that are part of the referendum
packets; and
(b)
ensure that the referendum packets and the documents described in Subsection
(4)(a)

meet the form requirements of this section.
(5)
(a)
The sponsors or an agent of the sponsors may prepare the referendum packets for
circulation by creating multiple referendum packets.
(b)
The sponsors or an agent of the sponsors shall create referendum packets by binding
a copy of the referendum petition with the text of the law that is the subject of the
referendum and no more than 50 signature sheets together at the top in a manner that
the referendum packets may be conveniently opened for signing.
(c)
A referendum packet is not required to have a uniform number of signature sheets.
(d)
The sponsors or an agent of the sponsors shall include, with each packet, a copy of
the proposition information pamphlet provided to the sponsors under Subsection
20A-7-401.5(4)(b)
.
(6)
(a)
The sponsors or an agent of the sponsors shall, before gathering signatures:
(i)
contact the county clerk to receive a range of numbers that the sponsors may use
to number referendum packets;
(ii)
sign an agreement with the local clerk, specifying the range of numbers that the
sponsor will use to number the referendum packets; and
(iii)
number each referendum packet, sequentially, within the range of numbers
provided by the county clerk, starting with the lowest number in the range.
(b)
The sponsors or an agent of the sponsors may not:
(i)
number a referendum packet in a manner not directed by the county clerk; or
(ii)
circulate or submit a referendum packet that is not numbered in the manner
directed by the county clerk.
Section 19. Section
20A-7-607
is amended to read:
20A-7-607
. Evaluation by the local clerk -- Determination of election for vote on
referendum.
(1)
In relation to the manual referendum process, when the local clerk receives a
referendum packet from a county clerk, the local clerk shall record the number of the
referendum packet received.
(2)
The county clerk shall:
(a)
in relation to the manual referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-105(6)(a)(iii)
on the lieutenant governor's website, in a
conspicuous location designated by the lieutenant governor, for at least 45
calendar days; and
(ii)
update on the local clerk's website the number of signatures certified as of the
date of the update; or
(b)
in relation to the electronic referendum process:
(i)
post the names, voter identification numbers, and dates of signatures described in
Subsection
20A-7-616(3)
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor, for at least 45 calendar days; and
(ii)
update on the lieutenant governor's website the number of signatures certified as
of the date of the update.
(3)
The local clerk:
(a)
shall, except as provided in Subsection
(3)(b)
, declare the referendum petition to be
sufficient or insufficient:
(i)
in relation to the manual referendum process, no later than 111 calendar days after
the day of the deadline, described in Subsection
20A-7-105(5)(a)(iv)
, to submit a
referendum packet to the county clerk; or
(ii)
in relation to the electronic referendum process, no later than 111 calendar days
after the day of the deadline, described in Subsection
20A-7-616(2)
, to collect a
signature; or
(b)
may declare the referendum petition to be insufficient before the day described in
Subsection
(3)(a)
if:
(i)
in relation to the manual referendum process, the total of all valid signatures on
timely and lawfully submitted referendum packets that have been certified by the
county clerk, plus the number of signatures on timely and lawfully submitted
referendum packets that have not yet been evaluated for certification, is less than
the number of names required under Section
20A-7-601
;
(ii)
in relation to the electronic referendum process, the total of all timely and
lawfully submitted valid signatures that have been certified by the county clerks,
plus the number of timely and lawfully submitted valid signatures received under
Subsection
20A-21-201(6)(b)
that have not yet been evaluated for certification, is
less than the number of names required under Section
20A-7-601
; or
(iii)
a requirement of this part has not been met.
(4)
(a)
If the total number of names certified under Subsection
(3)
equals or exceeds the
number of names required under Section
20A-7-601
, and the requirements of this
part are met, the local clerk shall mark upon the front of the referendum petition the
word "sufficient."
(b)
If the total number of names certified under Subsection
(3)
does not equal or exceed
the number of names required under Section
20A-7-601
or a requirement of this part
is not met, the local clerk shall mark upon the front of the referendum petition the
word "insufficient."
(c)
The local clerk shall immediately notify any one of the sponsors of the local clerk's
finding.
(d)
After a referendum petition is declared insufficient, a person may not submit
additional signatures to qualify the referendum for the ballot.
(5)
(a)
If the local clerk refuses to declare a referendum petition sufficient, any voter
may, no later than 10 days after the day on which the local clerk declares the
referendum petition insufficient, apply to the appropriate court for an order finding
the referendum petition legally sufficient.
(b)
If the court determines that the referendum petition is legally sufficient, the local
clerk shall mark the referendum petition "sufficient" and consider the declaration of
sufficiency effective as of the date on which the referendum petition should have
been declared sufficient by the local clerk's office.
(c)
If the court determines that a referendum petition filed is not legally sufficient, the
court may enjoin the local clerk and all other officers from:
(i)
certifying or printing the ballot title and numbers of that referendum on the official
ballot for the next election; or
(ii)
as it relates to a local tax law
or local school tax law
that is conducted entirely by
mail, certifying, printing, or mailing the ballot title and numbers of that
referendum under Section
20A-7-609.5
.
(6)
A referendum petition determined to be sufficient in accordance with this section is
qualified for the ballot.
(7)
(a)
Except as provided in Subsection
(7)(b)
or
(c)
, if a referendum relates to
legislative action taken after April 15, the election officer may not place the
referendum on an election ballot until a primary election, a general election, or a
special election the following year.
(b)
The election officer may place a referendum described in Subsection
(7)(a)
on the
ballot for a special, primary, or general election held during the year that the
legislative action was taken if the following agree, in writing, on a timeline to place
the referendum on that ballot:
(i)
the local clerk;
(ii)
the county clerk; and
(iii)
the attorney for the county
or
,
municipality
, or school district
that took the
legislative action.
(c)
For a referendum on a land use law, if, before August 30, the local clerk or a court
determines that the total number of certified names equals or exceeds the number of
signatures required in Section
20A-7-601
, the election officer shall place the
referendum on the election ballot for:
(i)
the next general election; or
(ii)
another election, if the following agree, in writing, on a timeline to place the
referendum on that ballot:
(A)
the affected owners, as defined in Section
10-20-102
or
17-79-102
, as
applicable;
(B)
the local clerk;
(C)
the county clerk; and
(D)
the attorney for the county or municipality that took the legislative action.
Section 20. Section
20A-7-608
is amended to read:
20A-7-608
. Short title and summary of referendum -- Duties of local clerk and
local attorney.
(1)
Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
referendum petition and the law to which the referendum relates to the local attorney.
(2)
The local attorney shall:
(a)
entitle each
county or municipal
county, municipal, or school district
referendum
that qualifies for the ballot "Proposition Number __" and give the referendum a
number assigned in accordance with Section
20A-6-107
;
(b)
prepare for the referendum:
(i)
an impartial short title, not exceeding 25 words, that generally describes the
subject of the law to which the referendum relates; and
(ii)
an impartial summary of the contents of the law to which the referendum relates,
not exceeding 125 words;
(c)
file the proposed short title, summary, and the numbered referendum title with the
local clerk within 20 calendar days after the day on which an eligible voter submits
the referendum petition to the local clerk; and
(d)
promptly provide notice of the filing of the proposed short title and summary to:
(i)
the sponsors of the petition; and
(ii)
the local legislative body
or the local school board
for the jurisdiction where the
referendum petition was circulated.
(3)
(a)
The short title and summary may be distinct from the title of the law that is the
subject of the referendum petition.
(b)
In preparing a short title, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial description of the subject of the referendum.
(c)
In preparing a summary, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial summary of the contents of the referendum.
(d)
The short title and summary may not intentionally be an argument, or likely to create
prejudice, for or against the referendum.
(4)
(a)
Within five calendar days after the day on which the local attorney files a
proposed short title and summary under Subsection
(2)(c)
, the local legislative body
or the local school board
for the jurisdiction where the referendum petition was
circulated and the sponsors of the referendum petition may file written comments in
response to the proposed short title and summary with the local clerk.
(b)
Within five calendar days after the last date to submit written comments under
Subsection
(4)(a)
, the local attorney shall:
(i)
review any written comments filed in accordance with Subsection
(4)(a)
;
(ii)
prepare a final short title and summary that meets the requirements of Subsection
(3)
; and
(iii)
return the referendum petition and file the short title and summary with the local
clerk.
(c)
Subject to Subsection
(6)
, for each
county or municipal
county, municipal, or school
district
referendum, the following shall be printed on the official ballot:
(i)
the short title; and
(ii)
except as provided in Subsection
(4)(d)
:
(A)
the summary;
(B)
a copy of the ordinance, resolution, or written description of the local law
or
the local school tax law
; and
(C)
a link to a location on the election officer's website where a voter may review
additional information relating to each referendum, including the information
described in Subsection
20A-7-602(2)
and the arguments relating to the
referendum that are included in the local voter information pamphlet.
(d)
Unless the information described in Subsection
(4)(c)(ii)
is printed on the official
ballot, the election officer shall include with the ballot a separate ballot proposition
insert that includes the short title and summary for each referendum on the ballot and
a link to a location on the election officer's website where a voter may review the
additional information described in Subsection
(4)(c)(ii)(C)
.
(e)
Unless the information described in Subsection
20A-7-508(4)(c)(ii)
for all initiatives
on the ballot, and the information described in Subsection
(4)(c)(ii)
for all referenda
on the ballot, is printed on the ballot, the ballot shall include the following statement
at the beginning of the portion of the ballot that includes ballot measures, "The ballot
proposition sheet included with this ballot contains an impartial summary of each
initiative and referendum on this ballot, unless the summary is printed directly on the
ballot."
(5)
Immediately after the local attorney files a copy of the short title and summary with the
local clerk, the local clerk shall send a copy of the short title and summary to the
sponsors of the referendum petition and the local legislative body
or the local school
board
for the jurisdiction where the referendum petition was circulated.
(6)
(a)
If the short title or summary provided by the local attorney is unsatisfactory or
does not comply with the requirements of this section, the decision of the local
attorney may be appealed to the appropriate court by:
(i)
at least three sponsors of the referendum petition; or
(ii)
a majority of the local legislative body
or the local school board
for the
jurisdiction where the referendum petition was circulated.
(b)
The court
shall
:
(i)
shall
examine the short title and summary and consider the arguments; and
(ii)
enter an order consistent with the requirements of this section.
(c)
The local clerk shall include the short title and summary in the ballot or ballot
proposition insert, as required by this section.
Section 21. Section
20A-7-609
is amended to read:
20A-7-609
. Form of ballot -- Manner of voting.
(1)
The local clerk shall ensure that the number and ballot title are presented upon the
official ballot with, immediately adjacent to them, the words "For" and "Against," each
word presented with an adjacent square in which the elector may indicate the elector's
vote.
(2)
(a)
Except as provided in Subsection
(2)(c)(i)
(2)(d)(i)
, and unless the county
legislative body calls a special election, the county clerk shall ensure that
county
referenda that have
a county referendum that has
qualified for the ballot
appear
appears
on the next regular general election ballot.
(b)
Except as provided in Subsection
(2)(c)(ii)
(2)(d)(ii)
, and unless the municipal
legislative body calls a special election, the municipal recorder or
town
clerk shall
ensure that
municipal referenda that have
a municipal referendum that has
qualified
for the ballot
appear
appears
on the next regular municipal election ballot.
(c)
Except as provided in Subsection
(2)(d)(iii)
, and unless the local school board calls a
special election, the county clerk shall ensure that a school district referendum that
has qualified for the ballot appears on the next regular general election ballot.
(c)
(d)
(i)
Except as provided in Section
20A-7-609.5
or Section
20A-7-613
:
(i)
If
if
a local law passes after January 30 of the year in which there is a regular
general election, the county clerk shall ensure that a county referendum that has
qualified for the ballot appears on the ballot at the second regular general election
immediately following the passage of the local law unless the county legislative
body calls a special election
.
;
(ii)
If
if
a local law passes after January 30 of the year in which there is a municipal
general election, the municipal recorder or
town
clerk shall ensure that a
municipal referendum that has qualified for the ballot appears on the ballot at the
second municipal general election immediately following the passage of the local
law unless the municipal legislative body calls a special election
.
; and
(iii)
if a local law or local school tax law passes after January 30 of the year in which
there is a regular general election, the county clerk shall ensure that a school
district referendum that has qualified for the ballot appears on the ballot at the
second regular general election immediately following passage of the local law or
local school tax law unless the local school board calls a special election.
(3)
(a)
(i)
A voter desiring to vote in favor of the law that is the subject of the
referendum shall mark the square adjacent to the word "For."
(ii)
The law that is the subject of the referendum is effective if a majority of voters
mark "For."
(b)
(i)
A voter desiring to vote against the law that is the subject of the referendum
shall mark the square following the word "Against."
(ii)
The law that is the subject of the referendum is not effective if a majority of
voters mark "Against."
Section 22. Section
20A-7-609.5
is amended to read:
20A-7-609.5
. Election on referendum challenging local tax law or local school
tax law conducted entirely by mail.
(1)
An election officer may administer an election on a referendum challenging a local tax
law
or a local school tax law
entirely by mail.
(2)
For purposes of an election conducted under this section, the election officer shall:
(a)
designate as the election day the first business day that is at least 30 calendar days
after the day on which the election officer complies with Subsection
(2)(b)
; and
(b)
subject to Subsection
(6)
, within 30 calendar days after the day on which the
referendum described in Subsection
(1)
qualifies for the ballot, mail to each
registered voter within the voting precincts
or school district
to which the local tax
law
or the local school tax law
applies:
(i)
a manual ballot;
(ii)
a statement that there will be no polling place for the election;
(iii)
a statement specifying the election day described in Subsection
(2)(a)
;
(iv)
a return envelope;
(v)
instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be
counted;
(vi)
a warning, on a separate page of colored paper in boldface print, indicating that if
the voter fails to follow the instructions included with the manual ballot, the voter
will be unable to vote in that election because there will be no polling place for the
election; and
(vii)
(A)
a copy of the proposition information pamphlet relating to the referendum
if a proposition information pamphlet relating to the referendum was published
under Section
20A-7-401.5
; or
(B)
a website address where an individual may view a copy of the proposition
information pamphlet described in Subsection
(2)(b)(vii)(A)
.
(3)
An election officer who administers an election under this section shall:
(a)
(i)
obtain, in person, the signatures of each voter within that voting precinct
or
school district
before the election; or
(ii)
obtain the signature of each voter within the voting precinct
or school district

from the county clerk; and
(b)
maintain the signatures on file in the election officer's office.
(4)
(a)
Upon receiving a returned manual ballot under this section, the election officer
shall compare the signature on each return envelope with the voter's signature that is
maintained on file and verify that the signatures are the same.
(b)
If the election officer questions the authenticity of the signature on the return
envelope, the election officer shall immediately contact the voter to verify the
signature.
(c)
If there is not a signature on the return envelope or if the election officer determines
that the signature on the return envelope does not match the voter's signature that is
maintained on file, the election officer shall:
(i)
disqualify the ballot; and
(ii)
notify the voter of the disqualification and the reason for the disqualification.
(5)
The following provisions do not apply to an election described in this section:
(a)
Section
20A-3a-201
;
(b)
Subsection
20A-3a-202(2)(a)(iv)
;
(c)
Section
20A-3a-203
;
(d)
Section
20A-3a-601
;
(e)
Section
20A-3a-603
;
(f)
Section
20A-3a-702
;
(g)
Section
20A-5-403
; or
(h)
Subsection
20A-7-609(2)
.
(6)
Notwithstanding Section
20A-3a-202.5
, for an election described in this section, the
election officer shall send a ballot by mail to all registered voters in the jurisdiction.
Section 23. Section
20A-7-610
is amended to read:
20A-7-610
. Return and canvass -- Conflicting measures -- Law effective on
proclamation.
(1)
The votes on the law that is the subject of the referendum petition shall be counted,
canvassed, and delivered as provided in Chapter 4, Part 3, Canvassing Returns.
(2)
After the local board of canvassers completes the canvass, the local clerk shall certify to
the local legislative body
or the local school board
the vote for and against the law that
is the subject of the referendum petition.
(3)
(a)
The local legislative body
or the local school board
shall immediately issue a
proclamation that:
(i)
gives the total number of votes cast in the local jurisdiction for and against each
law that is the subject of a referendum petition; and
(ii)
in accordance with Section
20A-7-611
, declares those laws that are the subject of
a referendum petition that are approved by majority vote to be in full force and
effect as the law of the local jurisdiction.
(b)
When the local legislative body
or the local school board
determines that two laws,
or that parts of two laws approved by the people at the same election are entirely in
conflict, the local legislative body shall proclaim to be law the law that received the
greatest number of affirmative votes, regardless of the difference in the majorities
which those approved laws received.
(4)
(a)
Within 10 days after the day on which the local legislative body
or the local
school board
issues the proclamation described in Subsection
(3)
, any qualified voter
residing in the jurisdiction for a law that is declared by the local legislative body to
be superseded by another law approved at the same election may bring an action in
the appropriate court to review the decision.
(b)
The court shall:
(i)
consider the matter and decide whether the approved laws are entirely in conflict;
and
(ii)
issue an order, consistent with the court's decision, to the local legislative body
or
the local school board
.
(5)
Within 10 calendar days after the day on which the court enters an order under
Subsection
(4)(b)(ii)
, the local legislative body
or the local school board
shall:
(a)
proclaim as law all those laws approved by the people that the court determines are
not in conflict; and
(b)
of all those laws approved by the people as law that the court determines to be in
conflict, proclaim as law the one that receives the greatest number of affirmative
votes, regardless of the difference in majorities.
Section 24. Section
20A-7-611
is amended to read:
20A-7-611
. Temporary stay -- Effective date -- Effect of repeal by local
legislative body.
(1)
Any law submitted to the people by referendum petition that is rejected by the voters at
any election is repealed as of the date of the election.
(2)
If, at the time during the process described in Subsection
20A-7-607(2)
, the local clerk
determines that, at that point in time, an adequate number of signatures are certified to
comply with the signature requirements, the local clerk shall:
(a)
issue an order temporarily staying the law from going into effect; and
(b)
continue the process of certifying signatures and removing signatures as required by
this part.
(3)
The temporary stay described in Subsection
(2)
(a)
remains in effect, regardless of
whether a future count falls below the signature threshold, until:
(a)
if the local clerk declares the referendum petition insufficient, five calendar days
after the day on which the local clerk declares the referendum petition insufficient; or
(b)
if the local clerk declares the referendum petition sufficient, the day on which the
local legislative body issues the proclamation described in Section
20A-7-610
.
(4)
A law submitted to the people by referendum that is approved by the voters at an
election takes effect the later of:
(a)
five calendar days after the date of the official proclamation of the vote by the local
legislative body; or
(b)
the effective date specified in the approved law.
(5)
If, after the local clerk issues a temporary stay order under Subsection
(2)(a)
, the local
clerk declares the referendum petition insufficient, the law that is the subject of the
referendum petition takes effect the later of:
(a)
five calendar days after the day on which the local clerk declares the petition
insufficient; or
(b)
the effective date specified in the proposed law.
(6)
(a)
A law approved by the people under this part is not subject to veto.
(b)
The local legislative body
or the local school board
may amend any laws approved
by the people under this part after the people approve the law.
(7)
If the local legislative body
or the local school board
repeals a law challenged by
referendum petition under this part, the referendum petition is void and no further action
on the referendum petition is required.
Section 25. Section
20A-7-613
is amended to read:
20A-7-613
. Property tax referendum petition.
(1)
As used in this section
,
:

(a)
"
certified
Certified
tax rate" means the same as that term is defined in Section
59-2-924
.
(b)
"Taxing entity" means a county, city, town, or school district with the authority to
levy a tax on property.
(2)
Except as provided in this section, the requirements of this part apply to a referendum
petition challenging a taxing entity's legislative body's vote to impose a tax rate that
exceeds the certified tax rate.
(3)
(a)
Notwithstanding Subsection
20A-7-105(5)(a)(iv)
, and subject to Subsection
(3)(b)
,
the sponsors or an agent of the sponsors shall deliver a signed and verified
referendum packet to the county clerk of the county in which the packet was
circulated before 5 p.m. no later than the earlier of:
(i)
the first business day that is at least 30 calendar days after the day on which the
first individual signs the packet; or
(ii)
the first business day that is at least 40 calendar days after the day on which the
local clerk complies with Subsection
20A-7-604(3)
.
(b)
For a county where the county clerk's office is closed on a business day, if the
deadline described in Subsection
(3)(a)
is on that business day, the deadline is
extended until 5 p.m. the next day that the office is open.
(4)
Notwithstanding Subsections
20A-7-105(6)(a)
and
(9)
, the county clerk shall take the
actions required in Subsections
20A-7-105(6)(a)
and
(9)
within 10 business days after
the day on which the county clerk receives the signed and verified referendum packet as
described in Subsection
(3)
.
(5)
The local clerk shall take the actions required by Section
20A-7-607
within two
business days after:
(a)
in relation to the manual referendum process, the day on which the local clerk
receives the referendum packets from the county clerk; or
(b)
in relation to the electronic referendum process, the deadline described in Subsection
20A-7-616(2)
.
(6)
Notwithstanding Subsection
20A-7-608(2)
, the local attorney shall prepare the ballot
title within two business days after the day on which the referendum petition is declared
sufficient for submission to a vote of the people.
(7)
Notwithstanding Subsection
20A-7-609(2)(c)
20A-7-609(2)(d)
, a referendum that
qualifies for the ballot under this section shall appear on the ballot for the earlier of the
next regular general election or the next municipal general election unless a special
election is called.
(8)
The election officer shall mail manual ballots on a referendum under this section the
later of:
(a)
the time provided in Section
20A-3a-202
or
20A-16-403
; or
(b)
the time that ballots are prepared for mailing under this section.
(9)
Section
20A-7-402
does not apply to a referendum described in this section.
(10)
(a)
If a majority of voters does not vote against imposing the tax at a rate calculated
to generate the increased revenue budgeted, adopted, and approved by the taxing
entity's legislative body:
(i)
the certified tax rate for the fiscal year during which the referendum petition is
filed is its most recent certified tax rate; and
(ii)
the proposed increased revenues for purposes of establishing the certified tax rate
for the fiscal year after the fiscal year described in Subsection
(10)(a)(i)
are the
proposed increased revenues budgeted, adopted, and approved by the taxing
entity's legislative body before the filing of the referendum petition.
(b)
If a majority of voters votes against imposing a tax at the rate established by the vote
of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
taxing entity's most recent certified tax rate.
(c)
If the tax rate is set in accordance with Subsection
(10)(a)(ii)
, a taxing entity is not
required to comply with the notice and public hearing requirements of Section
59-2-919
if the taxing entity complies with those notice and public hearing
requirements before the referendum petition is filed.
(11)
The ballot title shall, at a minimum, include in substantially this form the following:
"Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year]
as budgeted, adopted, and approved by the [name of the taxing entity]."
.
(12)
A taxing entity shall pay the county the costs incurred by the county that are directly
related to meeting the requirements of this section and that the county would not have
incurred but for compliance with this section.
(13)
(a)
An election officer shall include on a ballot a referendum that has not yet
qualified for placement on the ballot, if:
(i)
sponsors file an application for a referendum described in this section;
(ii)
the ballot will be used for the election for which the sponsors are attempting to
qualify the referendum; and
(iii)
the deadline for qualifying the referendum for placement on the ballot occurs
after the day on which the ballot will be printed.
(b)
If an election officer includes on a ballot a referendum described in Subsection
(13)(a)
, the ballot title shall comply with Subsection
(11)
.
(c)
If an election officer includes on a ballot a referendum described in Subsection
(13)(a)
that does not qualify for placement on the ballot, the election officer shall
inform the voters by any practicable method that the referendum has not qualified for
the ballot and that votes cast in relation to the referendum will not be counted.
Section 26. Section
20A-7-614
is amended to read:
20A-7-614
. Electronic referendum process -- Form of referendum petition --
Circulation requirements -- Signature collection.
(1)
This section applies only to the electronic referendum process.

(2)
(a)
The first screen presented on the approved device shall include the following statement:
"This REFERENDUM PETITION is addressed to the Honorable ____, County
Clerk/City Recorder/Town Clerk:
The citizens of Utah who sign this petition respectfully order that (description of
the
local law or
local school tax law, or
portion of
the
local law
or local school tax law
being
challenged), passed by the ____ be referred to the voters for their approval or rejection at the
regular/municipal general election to be held on __________(month\day\year)."
(b)
An individual may not advance to the second screen until the individual clicks a link
at the bottom of the first screen stating, "By clicking here, I attest that I have read and
understand the information presented on this screen."
(3)
(a)
The second screen presented on the approved device shall include the entire text
of the law that is the subject of the referendum petition.
(b)
An individual may not advance to the third screen until the individual clicks a link at
the bottom of the second screen stating, "By clicking here, I attest that I have read
and understand the entire text of the law that is the subject of the referendum
petition."
(4)
(a)
The third screen presented on the approved device shall include a statement
indicating whether persons gathering signatures for the referendum petition may be
paid for gathering signatures.
(b)
An individual may not advance to the fourth screen until the individual clicks a link
at the bottom of the third screen stating, "By clicking here, I attest that I have read
and understand the information presented on this screen."
(5)
The fourth screen presented on the approved device shall include the following statement,
followed by links where the individual may click "yes" or "no":
"I have personally read the entirety of each statement presented on this device;
I am personally signing this referendum petition;
I am registered to vote in Utah; and
All information I enter on this device, including my residence and post office address, is
accurate.
It is a class A misdemeanor for an individual to sign a referendum petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same referendum petition, or to sign a referendum petition when the individual
knows that the individual is not a registered voter.
Do you wish to continue and sign this referendum petition?"
(6)
(a)
If the individual clicks "no" in response to the question described in Subsection
(5)
,
the next screen shall include the following statement, "Thank you for your time.
Please return this device to the signature-gatherer."
(b)
If the individual clicks "yes" in response to the question described in Subsection
(5)
,
the website, or the application that accesses the website, shall take the
signature-gatherer and the individual signing the referendum petition through the
signature process described in Section
20A-21-201
.
Section 27. Section
63G-30-102
is amended to read:
63G-30-102
. Public notice classifications and requirements.
(1)
A public body or a government official that is required to provide a class A notice:
(a)
shall publish the public notice on the Utah Public Notice Website;
(b)
shall publish the public notice on the public body's or government official's official
website, if the public body or government official:
(i)
maintains an official website; and
(ii)
has an annual operating budget of $250,000 or more; and
(c)
except as provided in Subsection
(4)
, and subject to Subsection
(5)
, post the public
notice in connection with the affected area as follows:
(i)
if the affected area is a municipality with a population of less than 2,000, in a
public location in or near the affected area that is reasonably likely to be seen by
residents of the affected area;
(ii)
if the affected area is a proposed municipality with a population of less than
2,000, in a public location in or near the affected area that is reasonably likely to
be seen by residents of the affected area;
(iii)
if the affected area is an area other than an area described in Subsections
(1)(c)(i)
,
(1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected
area that is reasonably likely to be seen by:
(A)
residents of the affected area; or
(B)
if there are no residents within the affected area, individuals who pass through
or near the affected area;
(iv)
if the affected area is a county, in a public location within the county that is
reasonably likely to be seen by residents of the county;
(v)
if the affected area is a municipality with a population of 2,000 or more, or a
proposed municipality with a population of 2,000 or more, in a public location
within the municipality or proposed municipality that is reasonably likely to be
seen by residents of the municipality or proposed municipality;
(vi)
if the affected area is a public street, on or adjacent to the public street;
(vii)
if the affected area is an easement:
(A)
on or adjacent to the easement; or
(B)
in a public location that is reasonably likely to be seen by persons who are
likely to be impacted by the easement;
or
(viii)
if the affected area is an interlocal entity, within, or as applicable near, each
jurisdiction that is part of the interlocal entity, in accordance with the provisions
of this Subsection
(1)
that apply to that jurisdiction
.
; or
(ix)
if the affected area is a school district, in a public location within the school
district that is reasonably likely to be seen by residents of the school district.
(2)
Subject to Subsection
(5)
, a public body or a government official that is required to
provide a class B notice shall:
(a)
comply with the requirements described in Subsection
(1)
for a class A notice;
(b)
if a statute, county ordinance, or municipal ordinance requires that the notice be
provided for a designated geographic area, mail or otherwise deliver the public notice
or a notice summary statement to each residence within, and, in accordance with
Subsection
(3)
, to each owner of real property located within, the designated
geographic area; and
(c)
if a statute, county ordinance, or municipal ordinance requires that the notice be
provided to one or more designated persons or real property owners, mail or
otherwise deliver the public notice or a notice summary statement, in accordance
with Subsection
(3)
, to each designated person and real property owner.
(3)
When providing notice to a real property owner under Subsection
(2)(b)
or
(c)
, the
public body or government official shall:
(a)
use the current residential or business address of the real property owner;
(b)
if the public body or government official is not reasonably able to obtain the address
described in Subsection
(3)(a)
, use the last known address of the real property owner
that the public body or government official is able to obtain via a reasonable inquiry
into public records; or
(c)
if the public body or government official is not reasonably able to obtain an address
described in Subsection
(3)(a)
or
(b)
, post the notice on the real property.
(4)
A government official, a public body, or any other body that is required to post notice
under Subsection
(1)
is not required to comply with Subsection
(1)(c)
if:
(a)
the affected area is the state;
(b)
the body is a specified body, as defined in Section
52-4-103
;
(c)
the public body is the Legislature or a public body within the state legislative branch;
or
(d)
the government official is required to post the notice on behalf of a body described in
Subsection
(4)(b)
or
(c)
.
(5)
If a statute, ordinance, or rule requires a public body or government official to provide
notice for a period of time:
(a)
in relation to posting the notice on the Utah Public Notice Website, the requirement
is not violated due to temporary technological issues that interrupt the posting, unless
the posting is interrupted for more than 25% of the required posting time;
(b)
in relation to posting the notice in a physical location, the requirement is fulfilled if:
(i)
the notice is posted at or, except to the extent prohibited by law, before the
beginning of the period of time;
(ii)
the public body or government official does not remove the posting before the
end of the period of time; and
(iii)
until the end of the period of time, the public body or government official:
(A)
periodically verifies that the notice remains in place; and
(B)
replaces the notice within a reasonable time after discovering that the notice
has been removed or damaged; and
(c)
in relation to mailing, sending, or otherwise delivering notice to a person, the mailing
is made at or, except to the extent prohibited by law, before, the beginning of the
period of time.
Section 28.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 29.
Coordinating H.B. 170 with H.B. 32.
If H.B. 170, School Board Referendum Amendments, and H.B. 32, Signature Gathering
and Verification Amendments, both pass and become law, the Legislature intends that, on May
6, 2026, Subsection 20A-7-603(5)(a), enacted in H.B. 32, be amended to read:
"(a) the following statement in 12-point, bold type:
"This referendum petition seeks to have (description of the local law or local school tax
law, or portion of local law or local school tax law being challenged), passed by the ____ be
referred to the voters for their approval or rejection at the regular/municipal general election to
be held on __________(month\day\year)."; and".
2-9-26 2:45 PM