HB 170

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  Rex P. Shipp proposes the following substitute bill:
 1  School Board Referendum Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Rex P. Shipp
  Senate Sponsor: Lincoln Fillmore
 2
 3     LONG TITLE
 4     General Description:
 5  This bill amends provisions related to local referendums.
 6     Highlighted Provisions:
 7  This bill:
 8  ▸ defines terms;
 9  ▸ subject to certain exceptions, establishes a process for voters who are residents of a
10     school district to hold a referendum on a law passed by the school district's local school
11     board, including a law that increases a tax or imposes a new tax;
12  ▸ includes a coordination clause to add a reference to a referable local school tax law being
13     enacted in this bill to similar language being enacted in H.B. 32, Signature Gathering
14     and Verification Amendments; and
15  ▸ makes technical and conforming changes.
16     Money Appropriated in this Bill:
17  None
  2nd Sub. H.B. 170
18     Other Special Clauses:
19  This bill provides a coordination clause.
20     Utah Code Sections Affected:
21     AMENDS:
22  10-20-102, as renumbered and amended by Laws of Utah 2025, First Special Session,
23  Chapter 15
24  10-20-902, as renumbered and amended by Laws of Utah 2025, First Special Session,
25  Chapter 15
26  17-79-102, as renumbered and amended by Laws of Utah 2025, First Special Session,
27  Chapter 14
28  17-79-803, as renumbered and amended by Laws of Utah 2025, First Special Session,
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29  Chapter 14
30  20A-1-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
31  20A-4-301, as last amended by Laws of Utah 2025, Chapter 448
32  20A-7-101, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
33  20A-7-102, as last amended by Laws of Utah 1994, Chapter 272
34  20A-7-401.3, as last amended by Laws of Utah 2024, Chapter 438
35  20A-7-401.5, as last amended by Laws of Utah 2025, Chapter 448
36  20A-7-402, as last amended by Laws of Utah 2025, Chapter 448
37  20A-7-405, as enacted by Laws of Utah 2019, Chapter 203
38  20A-7-601, as last amended by Laws of Utah 2025, First Special Session, Chapter 15
39  20A-7-602, as last amended by Laws of Utah 2023, Chapter 107
40  20A-7-602.5, as last amended by Laws of Utah 2024, Chapter 442
41  20A-7-602.7, as last amended by Laws of Utah 2025, Chapter 448
42  20A-7-603, as last amended by Laws of Utah 2024, Chapter 442
43  20A-7-604, as last amended by Laws of Utah 2025, Chapter 448
44  20A-7-607, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
45  20A-7-608, as last amended by Laws of Utah 2025, Chapter 448
46  20A-7-609, as last amended by Laws of Utah 2025, Chapter 381
47  20A-7-609.5, as last amended by Laws of Utah 2025, Chapters 381, 448
48  20A-7-610, as last amended by Laws of Utah 2025, Chapter 448
49  20A-7-611, as last amended by Laws of Utah 2025, Chapter 448
50  20A-7-613, as last amended by Laws of Utah 2025, Chapter 448
51  20A-7-614, as last amended by Laws of Utah 2024, Chapter 442
52  63G-30-102, as enacted by Laws of Utah 2023, Chapter 435
53     Utah Code Sections affected by Coordination Clause:
54  20A-7-603 (05/06/26), as last amended by Laws of Utah 2024, Chapter 442
55
56     Be it enacted by the Legislature of the state of Utah:
57  Section 1. Section 10-20-102 is amended to read:
58  10-20-102 . Definitions.
59        As used in this chapter:
60     (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
61  detached from a primary single-family dwelling and contained on one lot.
62     (2) "Adversely affected party" means a person other than a land use applicant who:
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63  (a) owns real property adjoining the property that is the subject of a land use application
64  or land use decision; or
65  (b) will suffer a damage different in kind than, or an injury distinct from, that of the
66  general community as a result of the land use decision.
67     (3) "Affected entity" means a county, municipality, special district, special service district
68  under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
69  cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
70  specified public utility, property owner, property owners association, or the Department
71  of Transportation, if:
72  (a) the entity's services or facilities are likely to require expansion or significant
73  modification because of an intended use of land;
74  (b) the entity has filed with the municipality a copy of the entity's general or long-range
75  plan; or
76  (c) the entity has filed with the municipality a request for notice during the same
77  calendar year and before the municipality provides notice to an affected entity in
78  compliance with a requirement imposed under this chapter.
79     (4) "Affected owner" means the owner of real property that is:
80  (a) a single project;
81  (b) the subject of a land use approval that sponsors of a referendum timely challenged in
82  accordance with [Section 20A-7-601] Subsection 20A-7-601(7); and
83  (c) determined to be legally referable under Section 20A-7-602.8.
84     (5) "Appeal authority" means the person, board, commission, agency, or other body
85  designated by ordinance to decide an appeal of a decision of a land use application or a
86  variance.
87     (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
88  residential property if the sign is designed or intended to direct attention to a business,
89  product, or service that is not sold, offered, or existing on the property where the sign is
90  located.
91     (7)(a) "Boundary adjustment" means an agreement between adjoining property owners
92  to relocate a common boundary that results in a conveyance of property between the
93  adjoining lots, adjoining parcels, or adjoining lots and parcels.
94  (b) "Boundary adjustment" does not mean a modification of a lot or parcel boundary that:
95  (i) creates an additional lot or parcel; or
96  (ii) is made by the Department of Transportation.
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 97     (8)(a) "Boundary establishment" means an agreement between adjoining property
 98  owners to clarify the location of an ambiguous, uncertain, or disputed common
 99  boundary.
100  (b) "Boundary establishment" does not mean a modification of a lot or parcel boundary
101  that:
102  (i) creates an additional lot or parcel; or
103  (ii) is made by the Department of Transportation.
104     (9) "Building code adoption cycle" means the period of time beginning the day on which a
105  specific edition of a construction code from a nationally recognized code authority is
106  adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day
107  before a new edition of a construction code is adopted and effective in Title 15A, State
108  Construction and Fire Codes Act.
109     [(9)] (10)(a) "Charter school" means:
110  (i) an operating charter school;
111  (ii) a charter school applicant that a charter school authorizer approves in accordance
112  with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
113  (iii) an entity that is working on behalf of a charter school or approved charter
114  applicant to develop or construct a charter school building.
115  (b) "Charter school" does not include a therapeutic school.
116     [(10) "Building code adoption cycle" means the period of time beginning the day on which
117  a specific edition of a construction code from a nationally recognized code authority is
118  adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day
119  before a new edition of a construction code is adopted and effective in Title 15A, State
120  Construction and Fire Codes Act.]
121     (11) "Conditional use" means a land use that, because of the unique characteristics or
122  potential impact of the land use on the municipality, surrounding neighbors, or adjacent
123  land uses, may not be compatible in some areas or may be compatible only if certain
124  conditions are required that mitigate or eliminate the detrimental impacts.
125     (12) "Constitutional taking" means a governmental action that results in a taking of private
126  property so that compensation to the owner of the property is required by the:
127  (a) Fifth or Fourteenth Amendment [of the Constitution of the United States] to the
128  United States Constitution; or
129  (b) Utah Constitution, Article I, Section 22.
130     (13) "Conveyance document" means an instrument that:
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131  (a) meets the definition of "document" in Section 57-1-1; and
132  (b) meets the requirements of Section 57-1-45.5.
133     (14) "Conveyance of property" means the transfer of ownership of any portion of real
134  property from one person to another person.
135     (15) "Culinary water authority" means the department, agency, or public entity with
136  responsibility to review and approve the feasibility of the culinary water system and
137  sources for the subject property.
138     (16) "Department of Transportation" means the entity created in Section 72-1-201.
139     (17) "Development activity" means:
140  (a) any construction or expansion of a building, structure, or use that creates additional
141  demand and need for public facilities;
142  (b) any change in use of a building or structure that creates additional demand and need
143  for public facilities; or
144  (c) any change in the use of land that creates additional demand and need for public
145  facilities.
146     (18)(a) "Development agreement" means a written agreement or amendment to a written
147  agreement between a municipality and one or more parties that regulates or controls
148  the use or development of a specific area of land.
149  (b) "Development agreement" does not include an improvement completion assurance.
150     (19)(a) "Disability" means a physical or mental impairment that substantially limits one
151  or more of a person's major life activities, including a person having a record of such
152  an impairment or being regarded as having such an impairment.
153  (b) "Disability" does not include current illegal use of, or addiction to, any federally
154  controlled substance, as defined in the Controlled Substances Act, 21 U.S.C. Sec. 802.
155     (20) "Document" means the same as that term is defined in Section 57-1-1.
156     (21) "Educational facility":
157  (a) means:
158  (i) a school district's building at which pupils assemble to receive instruction in a
159  program for any combination of grades from preschool through grade 12,
160  including kindergarten and a program for children with disabilities;
161  (ii) a structure or facility:
162  (A) located on the same property as a building described in Subsection (21)(a)(i);
163  and
164  (B) used in support of the use of that building; and
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165  (iii) a building to provide office and related space to a school district's administrative
166  personnel; and
167  (b) does not include:
168  (i) land or a structure, including land or a structure for inventory storage, equipment
169  storage, food processing or preparing, vehicle storage or maintenance, or similar
170  use that is:
171  (A) not located on the same property as a building described in Subsection
172  (21)(a)(i); and
173  (B) used in support of the purposes of a building described in Subsection (21)(a)(i);
174  or
175  (ii) a therapeutic school.
176     (22) "Establishment document" means an instrument that:
177  (a) meets the definition of "document" in Section 57-1-1; and
178  (b) meets the requirements of Section 57-1-45.
179     [(23) "Full boundary adjustment" means a boundary adjustment that is not a simple
180  boundary adjustment.]
181     [(24)] (23) "Fire authority" means the department, agency, or public entity with
182  responsibility to review and approve the feasibility of fire protection and suppression
183  services for the subject property.
184     [(25)] (24) "Flood plain" means land that:
185  (a) is within the 100-year flood plain designated by the Federal Emergency Management
186  Agency; or
187  (b) has not been studied or designated by the Federal Emergency Management Agency
188  but presents a likelihood of experiencing chronic flooding or a catastrophic flood
189  event because the land has characteristics that are similar to those of a 100-year flood
190  plain designated by the Federal Emergency Management Agency.
191     (25) "Full boundary adjustment" means a boundary adjustment that is not a simple
192  boundary adjustment.
193     (26) "General plan" means a document that a municipality adopts that sets forth general
194  guidelines for proposed future development of the land within the municipality.
195     (27) "Geologic hazard" means:
196  (a) a surface fault rupture;
197  (b) shallow groundwater;
198  (c) liquefaction;
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199  (d) a landslide;
200  (e) a debris flow;
201  (f) unstable soil;
202  (g) a rock fall; or
203  (h) any other geologic condition that presents a risk:
204  (i) to life;
205  (ii) of substantial loss of real property; or
206  (iii) of substantial damage to real property.
207     (28) "Historic preservation authority" means a person, board, commission, or other body
208  designated by a legislative body to:
209  (a) recommend land use regulations to preserve local historic districts or areas; and
210  (b) administer local historic preservation land use regulations within a local historic
211  district or area.
212     (29) "Home-based microschool" means the same as that term is defined in Section
213  53G-6-201.
214     (30) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,
215  or appurtenance that connects to a municipal water, sewer, storm water, power, or other
216  utility system.
217     (31)(a) "Identical plans" means floor plans submitted to a municipality that:
218  (i) are submitted within the same building code adoption cycle as floor plans that
219  were previously approved by the municipality;
220  (ii) have no structural differences from floor plans that were previously approved by
221  the municipality; and
222  (iii) describe a building that:
223  (A) is located on land zoned the same as the land on which the building described
224  in the previously approved plans is located;
225  (B) has a substantially identical floor plan to a floor plan previously approved by
226  the municipality; and
227  (C) does not require any engineering or analysis beyond a review to confirm the
228  submitted floor plans are substantially identical to a floor plan previously
229  approved by the municipality or a review of the site plan and associated
230  geotechnical reports for the site.
231  (b) "Identical plans" include floor plans that are oriented differently as the floor plan that
232  was previously approved by the municipality.
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233     (32) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact
234  Fees Act.
235     (33) "Improvement completion assurance" means a surety bond, letter of credit, financial
236  institution bond, cash, assignment of rights, lien, or other equivalent security required by
237  a municipality to guaranty the proper completion of landscaping or an infrastructure
238  improvement required as a condition precedent to:
239  (a) recording a subdivision plat; or
240  (b) development of a commercial, industrial, mixed use, or multifamily project.
241     (34) "Improvement warranty" means an applicant's unconditional warranty that the
242  applicant's installed and accepted landscaping or infrastructure improvement:
243  (a) complies with the municipality's written standards for design, materials, and
244  workmanship; and
245  (b) will not fail in any material respect, as a result of poor workmanship or materials,
246  within the improvement warranty period.
247     (35) "Improvement warranty period" means a period:
248  (a) no later than one year after a municipality's acceptance of required public
249  landscaping; or
250  (b) no later than one year after a municipality's acceptance of required infrastructure,
251  unless the municipality:
252  (i) determines, based on accepted industry standards and for good cause, that a
253  one-year period would be inadequate to protect the public health, safety, and
254  welfare; and
255  (ii) has substantial evidence, on record:
256  (A) of prior poor performance by the applicant; or
257  (B) that the area upon which the infrastructure will be constructed contains
258  suspect soil and the municipality has not otherwise required the applicant to
259  mitigate the suspect soil.
260     (36) "Infrastructure improvement" means permanent infrastructure that is essential for the
261  public health and safety or that:
262  (a) is required for human occupation; and
263  (b) an applicant shall install:
264  (i) in accordance with published installation and inspection specifications for public
265  improvements; and
266  (ii) whether the improvement is public or private, as a condition of:
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267  (A) recording a subdivision plat;
268  (B) obtaining a building permit; or
269  (C) development of a commercial, industrial, mixed use, condominium, or
270  multifamily project.
271     (37) "Internal lot restriction" means a platted note, platted demarcation, or platted
272  designation that:
273  (a) runs with the land; and
274  (b)(i) creates a restriction that is enclosed within the perimeter of a lot described on
275  the plat; or
276  (ii) designates a development condition that is enclosed within the perimeter of a lot
277  described on the plat.
278     (38) "Land use applicant" means a property owner, or the property owner's designee, who
279  submits a land use application regarding the property owner's land.
280     (39) "Land use application":
281  (a) means an application that is:
282  (i) required by a municipality; and
283  (ii) submitted by a land use applicant to obtain a land use decision; and
284  (b) does not mean an application to enact, amend, or repeal a land use regulation.
285     (40) "Land use authority" means:
286  (a) a person, board, commission, agency, or body, including the local legislative body,
287  designated by the local legislative body to act upon a land use application; or
288  (b) if the local legislative body has not designated a person, board, commission, agency,
289  or body, the local legislative body.
290     (41) "Land use decision" means an administrative decision of a land use authority or appeal
291  authority regarding:
292  (a) a land use permit; or
293  (b) a land use application.
294     (42) "Land use permit" means a permit issued by a land use authority.
295     (43) "Land use regulation":
296  (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
297  engineering or development standard, specification for public improvement, fee, or
298  rule that governs the use or development of land;
299  (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
300  and
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301  (c) does not include:
302  (i) a land use decision of the legislative body acting as the land use authority, even if
303  the decision is expressed in a resolution or ordinance; or
304  (ii) a temporary revision to an engineering specification that does not materially:
305  (A) increase a land use applicant's cost of development compared to the existing
306  specification; or
307  (B) impact a land use applicant's use of land.
308     (44) "Legislative body" means the municipal council.
309     (45) "Local historic district or area" means a geographically definable area that:
310  (a) contains any combination of buildings, structures, sites, objects, landscape features,
311  archeological sites, or works of art that contribute to the historic preservation goals of
312  a legislative body; and
313  (b) is subject to land use regulations to preserve the historic significance of the local
314  historic district or area.
315     (46) "Lot" means a tract of land, regardless of any label, that is created by and shown on a
316  subdivision plat that has been recorded in the office of the county recorder.
317     (47) "Major transit investment corridor" means public transit service that uses or occupies:
318  (a) public transit rail right-of-way;
319  (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
320  (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
321  municipality or county and:
322  (i) a public transit district as defined in Section 17B-2a-802; or
323  (ii) an eligible political subdivision as defined in Section 59-12-2202.
324     (48) "Micro-education entity" means the same as that term is defined in Section 53G-6-201.
325     (49) "Moderate income housing" means housing occupied or reserved for occupancy by
326  households with a gross household income equal to or less than 80% of the median gross
327  income for households of the same size in the county in which the city is located.
328     (50) "Municipal utility easement" means an easement that:
329  (a) is created or depicted on a plat recorded in a county recorder's office and is described
330  as a municipal utility easement granted for public use;
331  (b) is not a protected utility easement or a public utility easement as defined in Section
332  54-3-27;
333  (c) the municipality or the municipality's affiliated governmental entity uses and
334  occupies to provide a utility service, including sanitary sewer, culinary water,
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335  electrical, storm water, or communications or data lines;
336  (d) is used or occupied with the consent of the municipality in accordance with an
337  authorized franchise or other agreement;
338  (e)(i) is used or occupied by a specified public utility in accordance with an
339  authorized franchise or other agreement; and
340  (ii) is located in a utility easement granted for public use; or
341  (f) is described in Section 10-20-615 and is used by a specified public utility.
342     (51) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
343  spent and expenses incurred in:
344  (a) verifying that building plans are identical plans; and
345  (b) reviewing and approving those minor aspects of identical plans that differ from the
346  previously reviewed and approved building plans.
347     (52) "Noncomplying structure" means a structure that:
348  (a) legally existed before the structure's current land use designation; and
349  (b) because of one or more subsequent land use ordinance changes, does not conform to
350  the setback, height restrictions, or other regulations, excluding those regulations,
351  which govern the use of land.
352     (53) "Nonconforming use" means a use of land that:
353  (a) legally existed before its current land use designation;
354  (b) has been maintained continuously since the time the land use ordinance governing
355  the land changed; and
356  (c) because of one or more subsequent land use ordinance changes, does not conform to
357  the regulations that now govern the use of the land.
358     (54) "Official map" means a map drawn by municipal authorities and recorded in a county
359  recorder's office that:
360  (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
361  highways and other transportation facilities;
362  (b) provides a basis for restricting development in designated rights-of-way or between
363  designated setbacks to allow the government authorities time to purchase or
364  otherwise reserve the land; and
365  (c) has been adopted as an element of the municipality's general plan.
366     (55) "Parcel" means any real property that is not a lot.
367     (56) "Person" means an individual, corporation, partnership, organization, association, trust,
368  governmental agency, or any other legal entity.
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369     (57) "Plan for moderate income housing" means a written document adopted by a
370  municipality's legislative body that includes:
371  (a) an estimate of the existing supply of moderate income housing located within the
372  municipality;
373  (b) an estimate of the need for moderate income housing in the municipality for the next
374  five years;
375  (c) a survey of total residential land use;
376  (d) an evaluation of how existing land uses and zones affect opportunities for moderate
377  income housing; and
378  (e) a description of the municipality's program to encourage an adequate supply of
379  moderate income housing.
380     (58) "Planning commission" means the commission established under Section 10-20-301.
381     (59) "Plat" means an instrument subdividing property into lots as depicted on a map or
382  other graphical representation of lands that a licensed professional land surveyor makes
383  and prepares in accordance with Section 10-20-803 or 57-8-13.
384     (60) "Potential geologic hazard area" means an area that:
385  (a) is designated by a Utah Geological Survey map, county geologist map, or other
386  relevant map or report as needing further study to determine the area's potential for
387  geologic hazard; or
388  (b) has not been studied by the Utah Geological Survey or a county geologist but
389  presents the potential of geologic hazard because the area has characteristics similar
390  to those of a designated geologic hazard area.
391     (61) "Public agency" means:
392  (a) the federal government;
393  (b) the state;
394  (c) a county, municipality, school district, special district, special service district, or
395  other political subdivision of the state; or
396  (d) a charter school.
397     (62) "Public hearing" means a hearing at which members of the public are provided a
398  reasonable opportunity to comment on the subject of the hearing.
399     (63) "Public meeting" means a meeting that is required to be open to the public under Title
400  52, Chapter 4, Open and Public Meetings Act.
401     (64) "Public street" means a public right-of-way, including a public highway, public
402  avenue, public boulevard, public parkway, public road, public lane, public alley, public
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403  viaduct, public subway, public tunnel, public bridge, public byway, other public
404  transportation easement, or other public way.
405     (65) "Receiving zone" means an area that a municipality designates, by ordinance, as an
406  area in which an owner of land may receive a transferable development right.
407     (66) "Record of survey map" means a map of a survey of land prepared in accordance with
408  Section 17-73-504.
409     (67) "Residential facility for persons with a disability" means a residence:
410  (a) in which more than one person with a disability resides; and
411  (b) which is licensed or certified by the Department of Health and Human Services
412  under:
413  (i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
414  (ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
415     (68) "Residential roadway" means a public local residential road that:
416  (a) will serve primarily to provide access to adjacent primarily residential areas and
417  property;
418  (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
419  (c) is not identified as a supplementary to a collector or other higher system classified
420  street in an approved municipal street or transportation master plan;
421  (d) has a posted speed limit of 25 miles per hour or less;
422  (e) does not have higher traffic volumes resulting from connecting previously separated
423  areas of the municipal road network;
424  (f) cannot have a primary access, but can have a secondary access, and does not abut lots
425  intended for high volume traffic or community centers, including schools, recreation
426  centers, sports complexes, or libraries; and
427  (g) primarily serves traffic within a neighborhood or limited residential area and is not
428  necessarily continuous through several residential areas.
429     (69) "Rules of order and procedure" means a set of rules that govern and prescribe in a
430  public meeting:
431  (a) parliamentary order and procedure;
432  (b) ethical behavior; and
433  (c) civil discourse.
434     (70) "Sanitary sewer authority" means the department, agency, or public entity with
435  responsibility to review and approve the feasibility of sanitary sewer services or onsite
436  wastewater systems.
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437     (71) "Sending zone" means an area that a municipality designates, by ordinance, as an area
438  from which an owner of land may transfer a transferable development right.
439     (72) "Simple boundary adjustment" means a boundary adjustment that does not:
440  (a) affect a public right-of-way, municipal utility easement, or other public property;
441  (b) affect an existing easement, onsite wastewater system, or an internal lot restriction; or
442  (c) result in a lot or parcel out of conformity with land use regulations.
443     (73) "Special district" means an entity under Title 17B, Limited Purpose Local Government
444  Entities - Special Districts, and any other governmental or quasi-governmental entity
445  that is not a county, municipality, school district, or the state.
446     (74) "Specified public agency" means:
447  (a) the state;
448  (b) a school district; or
449  (c) a charter school.
450     (75) "Specified public utility" means an electrical corporation, gas corporation, or telephone
451  corporation, as those terms are defined in Section 54-2-1.
452     (76) "State" includes any department, division, or agency of the state.
453     (77)(a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
454  divided into two or more lots or other division of land for the purpose, whether
455  immediate or future, for offer, sale, lease, or development either on the installment
456  plan or upon any and all other plans, terms, and conditions.
457  (b) "Subdivision" includes:
458  (i) the division or development of land, whether by deed, metes and bounds
459  description, devise and testacy, map, plat, or other recorded instrument, regardless
460  of whether the division includes all or a portion of a parcel or lot; and
461  (ii) except as provided in Subsection (77)(c), divisions of land for residential and
462  nonresidential uses, including land used or to be used for commercial, agricultural,
463  and industrial purposes.
464  (c) "Subdivision" does not include:
465  (i) a bona fide division or partition of land used for agricultural purposes as provided
466  in Subsection 10-20-808(2);
467  (ii) a recorded conveyance document:
468  (A) consolidating multiple lots or parcels into one legal description encompassing
469  all lots by reference to a recorded plat and all parcels by metes and bounds
470  description; or
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471  (B) joining a lot to a parcel;
472  (iii) a bona fide division of land by deed or other instrument if the deed or other
473  instrument states in writing that the division:
474  (A) is in anticipation of future land use approvals on the parcel or parcels;
475  (B) does not confer any land use approvals; and
476  (C) has not been approved by the land use authority;
477  (iv) a boundary adjustment;
478  (v) a boundary establishment;
479  (vi) a road, street, or highway dedication plat;
480  (vii) a deed or easement for a road, street, or highway purpose; or
481  (viii) any other division of land authorized by law.
482     (78)(a) "Subdivision amendment" means an amendment to a recorded subdivision in
483  accordance with Section 10-20-811 that:
484  (i) vacates all or a portion of the subdivision;
485  (ii) increases the number of lots within the subdivision;
486  (iii) alters a public right-of-way, a public easement, or public infrastructure within the
487  subdivision; or
488  (iv) alters a common area or other common amenity within the subdivision.
489  (b) "Subdivision amendment" does not include a simple boundary adjustment.
490     (79) "Substantial evidence" means evidence that:
491  (a) is beyond a scintilla; and
492  (b) a reasonable mind would accept as adequate to support a conclusion.
493     (80) "Suspect soil" means soil that has:
494  (a) a high susceptibility for volumetric change, typically clay rich, having more than a
495  3% swell potential;
496  (b) bedrock units with high shrink or swell susceptibility; or
497  (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
498  commonly associated with dissolution and collapse features.
499     (81) "Therapeutic school" means a residential group living facility:
500  (a) for four or more individuals who are not related to:
501  (i) the owner of the facility; or
502  (ii) the primary service provider of the facility;
503  (b) that serves students who have a history of failing to function:
504  (i) at home;
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505  (ii) in a public school; or
506  (iii) in a nonresidential private school; and
507  (c) that offers:
508  (i) room and board; and
509  (ii) an academic education integrated with:
510  (A) specialized structure and supervision; or
511  (B) services or treatment related to a disability, an emotional development, a
512  behavioral development, a familial development, or a social development.
513     (82) "Transferable development right" means a right to develop and use land that originates
514  by an ordinance that authorizes a land owner in a designated sending zone to transfer
515  land use rights from a designated sending zone to a designated receiving zone.
516     (83) "Unincorporated" means the area outside of the incorporated area of a city or town.
517     (84) "Water interest" means any right to the beneficial use of water, including:
518  (a) each of the rights listed in Section 73-1-11; and
519  (b) an ownership interest in the right to the beneficial use of water represented by:
520  (i) a contract; or
521  (ii) a share in a water company, as defined in Section 73-3-3.5.
522     (85) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land
523  use zones, overlays, or districts.
524  Section 2. Section 10-20-902 is amended to read:
525  10-20-902 . Applicant's entitlement to land use application approval --
526     Municipality's requirements and limitations -- Vesting upon submission of development
527     plan and schedule.
528     (1)(a)(i) An applicant who has submitted a complete land use application as
529  described in Subsection (1)(c), including the payment of all application fees, is
530  entitled to substantive review of the application under the land use regulations:
531  (A) in effect on the date that the application is complete; and
532  (B) applicable to the application or to the information shown on the application.
533  (ii) An applicant is entitled to approval of a land use application if the application
534  conforms to the requirements of the applicable land use regulations, land use
535  decisions, and development standards in effect when the applicant submits a
536  complete application and pays application fees, unless:
537  (A) the land use authority, on the record, formally finds that a compelling,
538  countervailing public interest would be jeopardized by approving the
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539  application and specifies the compelling, countervailing public interest in
540  writing; or
541  (B) in the manner provided by local ordinance and before the applicant submits
542  the application, the municipality formally initiates proceedings to amend the
543  municipality's land use regulations in a manner that would prohibit approval of
544  the application as submitted.
545        (b) The municipality shall process an application without regard to proceedings the
546  municipality initiated to amend the municipality's ordinances as described in
547  Subsection (1)(a)(ii)(B) if:
548  (i) 180 days have passed since the municipality initiated the proceedings; and
549  (ii)(A) the proceedings have not resulted in an enactment that prohibits approval
550  of the application as submitted; or
551  (B) during the 12 months before the municipality processing the application, or
552  multiple applications of the same type, are impaired or prohibited under the
553  terms of a temporary land use regulation adopted under Section 10-20-504.
554        (c) A land use application is considered submitted and complete when the applicant
555  provides the application in a form that complies with the requirements of applicable
556  ordinances and pays all applicable fees.
557        (d) A subsequent incorporation of a municipality or a petition that proposes the
558  incorporation of a municipality does not affect a land use application approved by a
559  county in accordance with Section 17-79-803.
560        (e) Unless a phasing sequence is required in an executed development agreement, a
561  municipality shall, without regard to any other separate and distinct land use
562  application, accept and process a complete land use application.
563        (f) The continuing validity of an approval of a land use application is conditioned upon
564  the applicant proceeding after approval to implement the approval with reasonable
565  diligence.
566        (g) A municipality may not impose on an applicant who has submitted a complete
567  application a requirement that is not expressed in:
568  (i) this chapter;
569  (ii) a municipal ordinance in effect on the date that the applicant submits a complete
570  application, subject to Subsection 10-20-902(1)(a)(ii); or
571  (iii) a municipal specification for public improvements applicable to a subdivision or
572  development that is in effect on the date that the applicant submits an application.
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      2nd Sub. (Gray) H.B. 170  02-09 14:45
573        (h) A municipality may not impose on a holder of an issued land use permit or a final,
574  unexpired subdivision plat a requirement that is not expressed:
575  (i) in a land use permit;
576  (ii) on the subdivision plat;
577  (iii) in a document on which the land use permit or subdivision plat is based;
578  (iv) in the written record evidencing approval of the land use permit or subdivision
579  plat;
580  (v) in this chapter;
581  (vi) in a municipal ordinance; or
582  (vii) in a municipal specification for residential roadways in effect at the time a
583  residential subdivision was approved.
584        (i) Except as provided in Subsection (1)(j) or (k), a municipality may not withhold
585  issuance of a certificate of occupancy or acceptance of subdivision improvements
586  because of an applicant's failure to comply with a requirement that is not expressed:
587  (i) in the building permit or subdivision plat, documents on which the building permit
588  or subdivision plat is based, or the written record evidencing approval of the land
589  use permit or subdivision plat; or
590  (ii) in this chapter or the municipality's ordinances.
591        (j) A municipality may not unreasonably withhold issuance of a certificate of occupancy
592  where an applicant has met all requirements essential for the public health, public
593  safety, and general welfare of the occupants, in accordance with this chapter, unless:
594  (i) the applicant and the municipality have agreed in a written document to the
595  withholding of a certificate of occupancy; or
596  (ii) the applicant has not provided a financial assurance for required and uncompleted
597  public landscaping improvements or infrastructure improvements in accordance
598  with an applicable local ordinance.
599        (k) A municipality may not conduct a final inspection required before issuing a
600  certificate of occupancy for a residential unit that is within the boundary of an
601  infrastructure financing district, as defined in Section 17B-1-102, until the applicant
602  for the certificate of occupancy provides adequate proof to the municipality that any
603  lien on the unit arising from the infrastructure financing district's assessment against
604  the unit under Title 11, Chapter 42, Assessment Area Act, has been released after
605  payment in full of the infrastructure financing district's assessment against that unit.
606        (l) A municipality:
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      02-09 14:45  2nd Sub. (Gray) H.B. 170
607  (i) may require the submission of a private landscaping plan, as defined in Section
608  10-20-807, before landscaping is installed; and
609  (ii) may not withhold an applicant's building permit or certificate of occupancy
610  because the applicant has not submitted a private landscaping plan.
611     (2) A municipality is bound by the terms and standards of applicable land use regulations
612  and shall comply with mandatory provisions of those regulations.
613     (3) A municipality may not, as a condition of land use application approval, require a
614  person filing a land use application to obtain documentation regarding a school district's
615  willingness, capacity, or ability to serve the development proposed in the land use
616  application.
617     (4) Upon a specified public agency's submission of a development plan and schedule as
618  required in Subsection 10-20-304(8) that complies with the requirements of that
619  subsection, the specified public agency vests in the municipality's applicable land use
620  maps, zoning map, hookup fees, impact fees, other applicable development fees, and
621  land use regulations in effect on the date of submission.
622     (5)(a) If sponsors of a referendum timely challenge a project in accordance with
623  Subsection [20A-7-601(6)] 20A-7-601(7), the project's affected owner may rescind
624  the project's land use approval by delivering a written notice:
625  (i) to the local clerk as defined in Section 20A-7-101; and
626  (ii) no later than seven days after the day on which a petition for a referendum is
627  determined sufficient under Subsection 20A-7-607(5).
628  (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
629  rescinded and are of no further force or effect:
630  (i) the relevant land use approval; and
631  (ii) any land use regulation enacted specifically in relation to the land use approval.
632     (6)(a) After issuance of a building permit, a municipality may not:
633  (i) change or add to the requirements expressed in the building permit, unless the
634  change or addition is:
635  (A) requested by the building permit holder; or
636  (B) necessary to comply with an applicable state building code; or
637  (ii) revoke the building permit or take action that has the effect of revoking the
638  building permit.
639  (b) Subsection (6)(a) does not prevent a municipality from issuing a building permit that
640  contains an expiration date defined in the building permit.
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      2nd Sub. (Gray) H.B. 170  02-09 14:45
641  Section 3. Section 17-79-102 is amended to read:
642  17-79-102 . Definitions.
643        As used in this chapter:
644     (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
645  detached from a primary single-family dwelling and contained on one lot.
646     (2) "Adversely affected party" means a person other than a land use applicant who:
647  (a) owns real property adjoining the property that is the subject of a land use application
648  or land use decision; or
649  (b) will suffer a damage different in kind than, or an injury distinct from, that of the
650  general community as a result of the land use decision.
651     (3) "Affected entity" means a county, municipality, special district, special service district
652  under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
653  cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
654  specified property owner, property owner's association, public utility, or the Department
655  of Transportation, if:
656  (a) the entity's services or facilities are likely to require expansion or significant
657  modification because of an intended use of land;
658  (b) the entity has filed with the county a copy of the entity's general or long-range plan;
659  or
660  (c) the entity has filed with the county a request for notice during the same calendar year
661  and before the county provides notice to an affected entity in compliance with a
662  requirement imposed under this chapter.
663     (4) "Affected owner" means the owner of real property that is:
664  (a) a single project;
665  (b) the subject of a land use approval that sponsors of a referendum timely challenged in
666  accordance with Subsection [20A-7-601(6)] 20A-7-601(7); and
667  (c) determined to be legally referable under Section 20A-7-602.8.
668     (5) "Appeal authority" means the person, board, commission, agency, or other body
669  designated by ordinance to decide an appeal of a decision of a land use application or a
670  variance.
671     (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
672  residential property if the sign is designed or intended to direct attention to a business,
673  product, or service that is not sold, offered, or existing on the property where the sign is
674  located.
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      02-09 14:45  2nd Sub. (Gray) H.B. 170
675     [(7) "Building code adoption cycle" means the period of time beginning the day on which a
676  specific edition of a construction code from a nationally recognized code authority is
677  adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day
678  before a new edition of a construction code is adopted and effective in Title 15A, State
679  Construction and Fire Codes Act.]
680     [(8)] (7)(a) "Boundary adjustment" means an agreement between adjoining property
681  owners to relocate a common boundary that results in a conveyance of property
682  between the adjoining lots, adjoining parcels, or adjoining lots and parcels.
683  (b) "Boundary adjustment" does not mean a modification of a lot or parcel boundary that:
684  (i) creates an additional lot or parcel; or
685  (ii) is made by the Department of Transportation.
686     [(9)] (8)(a) "Boundary establishment" means an agreement between adjoining property
687  owners to clarify the location of an ambiguous, uncertain, or disputed common
688  boundary.
689  (b) "Boundary establishment" does not mean a modification of a lot or parcel boundary
690  that:
691  (i) creates an additional lot or parcel; or
692  (ii) is made by the Department of Transportation.
693     (9) "Building code adoption cycle" means the period of time beginning the day on which a
694  specific edition of a construction code from a nationally recognized code authority is
695  adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day
696  before a new edition of a construction code is adopted and effective in Title 15A, State
697  Construction and Fire Codes Act.
698     (10)(a) "Charter school" means:
699  (i) an operating charter school;
700  (ii) a charter school applicant that a charter school authorizer approves in accordance
701  with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
702  (iii) an entity that is working on behalf of a charter school or approved charter
703  applicant to develop or construct a charter school building.
704  (b) "Charter school" does not include a therapeutic school.
705     (11) "Chief executive officer" means the person or body that exercises the executive powers
706  of the county.
707     (12) "Conditional use" means a land use that, because of the unique characteristics or
708  potential impact of the land use on the county, surrounding neighbors, or adjacent land
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      2nd Sub. (Gray) H.B. 170  02-09 14:45
709  uses, may not be compatible in some areas or may be compatible only if certain
710  conditions are required that mitigate or eliminate the detrimental impacts.
711     (13) "Constitutional taking" means a governmental action that results in a taking of private
712  property so that compensation to the owner of the property is required by the:
713  (a) Fifth or Fourteenth Amendment [of the Constitution of the United States] to the
714  United States Constitution; or
715  (b) Utah Constitution, Article I, Section 22.
716     (14) "Conveyance document" means an instrument that:
717  (a) meets the definition of "document" in Section 57-1-1; and
718  (b) meets the requirements of Section 57-1-45.5.
719     (15) "Conveyance of property" means the transfer of ownership of any portion of real
720  property from one person to another person.
721     (16) "County utility easement" means an easement that:
722  (a) a plat recorded in a county recorder's office described as a county utility easement or
723  otherwise as a utility easement;
724  (b) is not a protected utility easement or a public utility easement as defined in Section
725  54-3-27;
726  (c) the county or the county's affiliated governmental entity owns or creates; and
727  (d)(i) either:
728  (A) no person uses or occupies; or
729  (B) the county or the county's affiliated governmental entity uses and occupies to
730  provide a utility service, including sanitary sewer, culinary water, electrical,
731  storm water, or communications or data lines; or
732  (ii) a person uses or occupies with or without an authorized franchise or other
733  agreement with the county.
734     (17) "Culinary water authority" means the department, agency, or public entity with
735  responsibility to review and approve the feasibility of the culinary water system and
736  sources for the subject property.
737     (18) "Department of Transportation" means the entity created in Section 72-1-201.
738     (19) "Development activity" means:
739  (a) any construction or expansion of a building, structure, or use that creates additional
740  demand and need for public facilities;
741  (b) any change in use of a building or structure that creates additional demand and need
742  for public facilities; or
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      02-09 14:45  2nd Sub. (Gray) H.B. 170
743  (c) any change in the use of land that creates additional demand and need for public
744  facilities.
745     (20)(a) "Development agreement" means a written agreement or amendment to a written
746  agreement between a county and one or more parties that regulates or controls the use
747  or development of a specific area of land.
748  (b) "Development agreement" does not include an improvement completion assurance.
749     (21)(a) "Disability" means a physical or mental impairment that substantially limits one
750  or more of a person's major life activities, including a person having a record of such
751  an impairment or being regarded as having such an impairment.
752  (b) "Disability" does not include current illegal use of, or addiction to, any federally
753  controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
754  U.S.C. Sec. 802.
755     (22) "Document" means the same as that term is defined in Section 57-1-1.
756     (23) "Educational facility":
757  (a) means:
758  (i) a school district's building at which pupils assemble to receive instruction in a
759  program for any combination of grades from preschool through grade 12,
760  including kindergarten and a program for children with disabilities;
761  (ii) a structure or facility:
762  (A) located on the same property as a building described in Subsection (23)(a)(i);
763  and
764  (B) used in support of the use of that building; and
765  (iii) a building to provide office and related space to a school district's administrative
766  personnel; and
767  (b) does not include:
768  (i) land or a structure, including land or a structure for inventory storage, equipment
769  storage, food processing or preparing, vehicle storage or maintenance, or similar
770  use that is:
771  (A) not located on the same property as a building described in Subsection
772  (23)(a)(i); and
773  (B) used in support of the purposes of a building described in Subsection (23)(a)(i);
774  or
775  (ii) a therapeutic school.
776     (24) "Establishment document" means an instrument that:
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      2nd Sub. (Gray) H.B. 170  02-09 14:45
777  (a) meets the definition of "document" in Section 57-1-1; and
778  (b) meets the requirements of Section 57-1-45.
779     [(25) "Full boundary adjustment" means a boundary adjustment that is not a simple
780  boundary adjustment.]
781     [(26)] (25) "Fire authority" means the department, agency, or public entity with
782  responsibility to review and approve the feasibility of fire protection and suppression
783  services for the subject property.
784     [(27)] (26) "Flood plain" means land that:
785  (a) is within the 100-year flood plain designated by the Federal Emergency Management
786  Agency; or
787  (b) has not been studied or designated by the Federal Emergency Management Agency
788  but presents a likelihood of experiencing chronic flooding or a catastrophic flood
789  event because the land has characteristics that are similar to those of a 100-year flood
790  plain designated by the Federal Emergency Management Agency.
791     (27) "Full boundary adjustment" means a boundary adjustment that is not a simple
792  boundary adjustment.
793     (28) "Gas corporation" has the same meaning as defined in Section 54-2-1.
794     (29) "General plan" means a document that a county adopts that sets forth general
795  guidelines for proposed future development of:
796  (a) the unincorporated land within the county; or
797  (b) for a mountainous planning district, the land within the mountainous planning
798  district.
799     (30) "Geologic hazard" means:
800  (a) a surface fault rupture;
801  (b) shallow groundwater;
802  (c) liquefaction;
803  (d) a landslide;
804  (e) a debris flow;
805  (f) unstable soil;
806  (g) a rock fall; or
807  (h) any other geologic condition that presents a risk:
808  (i) to life;
809  (ii) of substantial loss of real property; or
810  (iii) of substantial damage to real property.
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      02-09 14:45  2nd Sub. (Gray) H.B. 170
811     (31) "Home-based microschool" means the same as that term is defined in Section
812  53G-6-201.
813     (32) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,
814  or appurtenance to connect to a county water, sewer, storm water, power, or other utility
815  system.
816     (33)(a) "Identical plans" means floor plans submitted to a county that:
817  (i) are submitted within the same building code adoption cycle as floor plans that
818  were previously approved by the county;
819  (ii) have no structural differences from floor plans that were previously approved by
820  the county; and
821  (iii) describe a building that:
822  (A) is located on land zoned the same as the land on which the building described
823  in the previously approved plans is located;
824  (B) has a substantially identical floor plan to a floor plan previously approved by
825  the county; and
826  (C) does not require any engineering or analysis beyond a review to confirm the
827  submitted floor plans are substantially identical to a floor plan previously
828  approved by the county or a review of the site plan and associated geotechnical
829  reports for the site.
830  (b) "Identical plans" include floor plans that are oriented differently as the floor plan that
831  was previously approved by the county.
832     (34) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact
833  Fees Act.
834     (35) "Improvement completion assurance" means a surety bond, letter of credit, financial
835  institution bond, cash, assignment of rights, lien, or other equivalent security required by
836  a county to guaranty the proper completion of landscaping or an infrastructure
837  improvement required as a condition precedent to:
838  (a) recording a subdivision plat; or
839  (b) development of a commercial, industrial, mixed use, or multifamily project.
840     (36) "Improvement warranty" means an applicant's unconditional warranty that the
841  applicant's installed and accepted landscaping or infrastructure improvement:
842  (a) complies with the county's written standards for design, materials, and workmanship;
843  and
844  (b) will not fail in any material respect, as a result of poor workmanship or materials,
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      2nd Sub. (Gray) H.B. 170  02-09 14:45
845  within the improvement warranty period.
846     (37) "Improvement warranty period" means a period:
847  (a) no later than one year after a county's acceptance of required public landscaping; or
848  (b) no later than one year after a county's acceptance of required infrastructure, unless
849  the county:
850  (i) determines, based on accepted industry standards and for good cause, that a
851  one-year period would be inadequate to protect the public health, safety, and
852  welfare; and
853  (ii) has substantial evidence, on record:
854  (A) of prior poor performance by the applicant; or
855  (B) that the area upon which the infrastructure will be constructed contains
856  suspect soil and the county has not otherwise required the applicant to mitigate
857  the suspect soil.
858     (38) "Infrastructure improvement" means permanent infrastructure that is essential for the
859  public health and safety or that:
860  (a) is required for human consumption; and
861  (b) an applicant shall install:
862  (i) in accordance with published installation and inspection specifications for public
863  improvements; and
864  (ii) as a condition of:
865  (A) recording a subdivision plat;
866  (B) obtaining a building permit; or
867  (C) developing a commercial, industrial, mixed use, condominium, or multifamily
868  project.
869     (39) "Internal lot restriction" means a platted note, platted demarcation, or platted
870  designation that:
871  (a) runs with the land; and
872  (b)(i) creates a restriction that is enclosed within the perimeter of a lot described on
873  the plat; or
874  (ii) designates a development condition that is enclosed within the perimeter of a lot
875  described on the plat.
876     (40) "Interstate pipeline company" means a person or entity engaged in natural gas
877  transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
878  under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
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879     (41) "Intrastate pipeline company" means a person or entity engaged in natural gas
880  transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
881  Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
882     (42) "Land use applicant" means a property owner, or the property owner's designee, who
883  submits a land use application regarding the property owner's land.
884     (43) "Land use application":
885  (a) means an application that is:
886  (i) required by a county; and
887  (ii) submitted by a land use applicant to obtain a land use decision; and
888  (b) does not mean an application to enact, amend, or repeal a land use regulation.
889     (44) "Land use authority" means:
890  (a) a person, board, commission, agency, or body, including the local legislative body,
891  designated by the local legislative body to act upon a land use application; or
892  (b) if the local legislative body has not designated a person, board, commission, agency,
893  or body, the local legislative body.
894     (45) "Land use decision" means an administrative decision of a land use authority or appeal
895  authority regarding:
896  (a) a land use permit;
897  (b) a land use application; or
898  (c) the enforcement of a land use regulation, land use permit, or development agreement.
899     (46) "Land use permit" means a permit issued by a land use authority.
900     (47) "Land use regulation":
901  (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
902  engineering or development standard, specification for public improvement, fee, or
903  rule that governs the use or development of land;
904  (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
905  and
906  (c) does not include:
907  (i) a land use decision of the legislative body acting as the land use authority, even if
908  the decision is expressed in a resolution or ordinance; or
909  (ii) a temporary revision to an engineering specification that does not materially:
910  (A) increase a land use applicant's cost of development compared to the existing
911  specification; or
912  (B) impact a land use applicant's use of land.
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      2nd Sub. (Gray) H.B. 170  02-09 14:45
913     (48) "Legislative body" means the county legislative body, or for a county that has adopted
914  an alternative form of government, the body exercising legislative powers.
915     (49) "Lot" means a tract of land, regardless of any label, that is created by and shown on a
916  subdivision plat that has been recorded in the office of the county recorder.
917     (50) "Major transit investment corridor" means public transit service that uses or occupies:
918  (a) public transit rail right-of-way;
919  (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
920  (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
921  municipality or county and:
922  (i) a public transit district as defined in Section 17B-2a-802; or
923  (ii) an eligible political subdivision as defined in Section 59-12-2202.
924     (51) "Micro-education entity" means the same as that term is defined in Section 53G-6-201.
925     (52) "Moderate income housing" means housing occupied or reserved for occupancy by
926  households with a gross household income equal to or less than 80% of the median gross
927  income for households of the same size in the county in which the housing is located.
928     (53) "Mountainous planning district" means an area designated by a county legislative body
929  in accordance with Section 17-79-408.
930     (54) "Nominal fee" means a fee that reasonably reimburses a county only for time spent and
931  expenses incurred in:
932  (a) verifying that building plans are identical plans; and
933  (b) reviewing and approving those minor aspects of identical plans that differ from the
934  previously reviewed and approved building plans.
935     (55) "Noncomplying structure" means a structure that:
936  (a) legally existed before the structure's current land use designation; and
937  (b) because of one or more subsequent land use ordinance changes, does not conform to
938  the setback, height restrictions, or other regulations, excluding those regulations that
939  govern the use of land.
940     (56) "Nonconforming use" means a use of land that:
941  (a) legally existed before the current land use designation;
942  (b) has been maintained continuously since the time the land use ordinance regulation
943  governing the land changed; and
944  (c) because of one or more subsequent land use ordinance changes, does not conform to
945  the regulations that now govern the use of the land.
946     (57) "Official map" means a map drawn by county authorities and recorded in the county
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      02-09 14:45  2nd Sub. (Gray) H.B. 170
947  recorder's office that:
948  (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
949  highways and other transportation facilities;
950  (b) provides a basis for restricting development in designated rights-of-way or between
951  designated setbacks to allow the government authorities time to purchase or
952  otherwise reserve the land; and
953  (c) has been adopted as an element of the county's general plan.
954     (58) "Parcel" means any real property that is not a lot.
955     (59) "Person" means an individual, corporation, partnership, organization, association, trust,
956  governmental agency, or any other legal entity.
957     (60) "Plan for moderate income housing" means a written document adopted by a county
958  legislative body that includes:
959  (a) an estimate of the existing supply of moderate income housing located within the
960  county;
961  (b) an estimate of the need for moderate income housing in the county for the next five
962  years;
963  (c) a survey of total residential land use;
964  (d) an evaluation of how existing land uses and zones affect opportunities for moderate
965  income housing; and
966  (e) a description of the county's program to encourage an adequate supply of moderate
967  income housing.
968     (61) "Planning advisory area" means a contiguous, geographically defined portion of the
969  unincorporated area of a county established under this part with planning and zoning
970  functions as exercised through the planning advisory area planning commission, as
971  provided in this chapter, but with no legal or political identity separate from the county
972  and no taxing authority.
973     (62) "Plat" means an instrument subdividing property into lots as depicted on a map or
974  other graphical representation of lands that a licensed professional land surveyor makes
975  and prepares in accordance with Section 17-79-703 or 57-8-13.
976     (63) "Potential geologic hazard area" means an area that:
977  (a) is designated by a Utah Geological Survey map, county geologist map, or other
978  relevant map or report as needing further study to determine the area's potential for
979  geologic hazard; or
980  (b) has not been studied by the Utah Geological Survey or a county geologist but
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
 981  presents the potential of geologic hazard because the area has characteristics similar
 982  to those of a designated geologic hazard area.
 983     (64) "Public agency" means:
 984  (a) the federal government;
 985  (b) the state;
 986  (c) a county, municipality, school district, special district, special service district, or
 987  other political subdivision of the state; or
 988  (d) a charter school.
 989     (65) "Public hearing" means a hearing at which members of the public are provided a
 990  reasonable opportunity to comment on the subject of the hearing.
 991     (66) "Public meeting" means a meeting that is required to be open to the public under Title
 992  52, Chapter 4, Open and Public Meetings Act.
 993     (67) "Public street" means a public right-of-way, including a public highway, public
 994  avenue, public boulevard, public parkway, public road, public lane, public alley, public
 995  viaduct, public subway, public tunnel, public bridge, public byway, other public
 996  transportation easement, or other public way.
 997     (68) "Receiving zone" means an unincorporated area that a county designates, by
 998  ordinance, as an area in which an owner of land may receive a transferable development
 999  right.
1000     (69) "Record of survey map" means a map of a survey of land prepared in accordance with
1001  Section 17-73-504.
1002     (70) "Residential facility for persons with a disability" means a residence:
1003  (a) in which more than one person with a disability resides; and
1004  (b) which is licensed or certified by the Department of Health and Human Services
1005  under:
1006  (i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or
1007  (ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
1008     (71) "Residential roadway" means a public local residential road that:
1009  (a) will serve primarily to provide access to adjacent primarily residential areas and
1010  property;
1011  (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
1012  (c) is not identified as a supplementary to a collector or other higher system classified
1013  street in an approved municipal street or transportation master plan;
1014  (d) has a posted speed limit of 25 miles per hour or less;
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1015  (e) does not have higher traffic volumes resulting from connecting previously separated
1016  areas of the municipal road network;
1017  (f) cannot have a primary access, but can have a secondary access, and does not abut lots
1018  intended for high volume traffic or community centers, including schools, recreation
1019  centers, sports complexes, or libraries; and
1020  (g) primarily serves traffic within a neighborhood or limited residential area and is not
1021  necessarily continuous through several residential areas.
1022     (72) "Rules of order and procedure" means a set of rules that govern and prescribe in a
1023  public meeting:
1024  (a) parliamentary order and procedure;
1025  (b) ethical behavior; and
1026  (c) civil discourse.
1027     (73) "Sanitary sewer authority" means the department, agency, or public entity with
1028  responsibility to review and approve the feasibility of sanitary sewer services or onsite
1029  wastewater systems.
1030     (74) "Sending zone" means an unincorporated area that a county designates, by ordinance,
1031  as an area from which an owner of land may transfer a transferable development right.
1032     (75) "Simple boundary adjustment" means a boundary adjustment that does not:
1033  (a) affect a public right-of-way, county utility easement, or other public property;
1034  (b) affect an existing easement, onsite wastewater system, or an internal lot restriction; or
1035  (c) result in a lot or parcel out of conformity with land use regulations.
1036     (76) "Site plan" means a document or map that may be required by a county during a
1037  preliminary review before the issuance of a building permit to demonstrate that an
1038  owner's or developer's proposed development activity meets a land use requirement.
1039     (77)(a) "Special district" means an entity under Title 17B, Limited Purpose Local
1040  Government Entities - Special Districts.
1041  (b) "Special district" includes a governmental or quasi-governmental entity that is not a
1042  county, municipality, school district, or the state.
1043     (78) "Specified public agency" means:
1044  (a) the state;
1045  (b) a school district; or
1046  (c) a charter school.
1047     (79) "Specified public utility" means an electrical corporation, gas corporation, or telephone
1048  corporation, as those terms are defined in Section 54-2-1.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1049     (80) "State" includes any department, division, or agency of the state.
1050     (81)(a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
1051  divided into two or more lots or other division of land for the purpose, whether
1052  immediate or future, for offer, sale, lease, or development either on the installment
1053  plan or upon any and all other plans, terms, and conditions.
1054  (b) "Subdivision" includes:
1055  (i) the division or development of land, whether by deed, metes and bounds
1056  description, devise and testacy, map, plat, or other recorded instrument, regardless
1057  of whether the division includes all or a portion of a parcel or lot; and
1058  (ii) except as provided in Subsection (81)(c), divisions of land for residential and
1059  nonresidential uses, including land used or to be used for commercial, agricultural,
1060  and industrial purposes.
1061  (c) "Subdivision" does not include:
1062  (i) a bona fide division or partition of agricultural land for agricultural purposes;
1063  (ii) a recorded conveyance document:
1064  (A) consolidating multiple lots or parcels into one legal description encompassing
1065  all lots by reference to a recorded plat and all parcels by metes and bounds
1066  description; or
1067  (B) joining a lot to a parcel;
1068  (iii) a bona fide division or partition of land in a county other than a first class county
1069  for the purpose of siting, on one or more of the resulting separate parcels:
1070  (A) an electrical transmission line or a substation;
1071  (B) a natural gas pipeline or a regulation station; or
1072  (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1073  utility service regeneration, transformation, retransmission, or amplification
1074  facility;
1075  (iv) a bona fide division of land by deed or other instrument if the deed or other
1076  instrument states in writing that the division:
1077  (A) is in anticipation of future land use approvals on the parcel or parcels;
1078  (B) does not confer any land use approvals; and
1079  (C) has not been approved by the land use authority;
1080  (v) a boundary adjustment;
1081  (vi) a boundary establishment;
1082  (vii) a road, street, or highway dedication plat;
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1083  (viii) a deed or easement for a road, street, or highway purpose; or
1084  (ix) any other division of land authorized by law.
1085     (82)(a) "Subdivision amendment" means an amendment to a recorded subdivision in
1086  accordance with Section 17-79-711 that:
1087  (i) vacates all or a portion of the subdivision;
1088  (ii) increases the number of lots within the subdivision;
1089  (iii) alters a public right-of-way, a public easement, or public infrastructure within the
1090  subdivision; or
1091  (iv) alters a common area or other common amenity within the subdivision.
1092  (b) "Subdivision amendment" does not include a simple boundary adjustment.
1093     (83) "Substantial evidence" means evidence that:
1094  (a) is beyond a scintilla; and
1095  (b) a reasonable mind would accept as adequate to support a conclusion.
1096     (84) "Suspect soil" means soil that has:
1097  (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1098  3% swell potential;
1099  (b) bedrock units with high shrink or swell susceptibility; or
1100  (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1101  commonly associated with dissolution and collapse features.
1102     (85) "Therapeutic school" means a residential group living facility:
1103  (a) for four or more individuals who are not related to:
1104  (i) the owner of the facility; or
1105  (ii) the primary service provider of the facility;
1106  (b) that serves students who have a history of failing to function:
1107  (i) at home;
1108  (ii) in a public school; or
1109  (iii) in a nonresidential private school; and
1110  (c) that offers:
1111  (i) room and board; and
1112  (ii) an academic education integrated with:
1113  (A) specialized structure and supervision; or
1114  (B) services or treatment related to a disability, an emotional development, a
1115  behavioral development, a familial development, or a social development.
1116     (86) "Transferable development right" means a right to develop and use land that originates
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1117  by an ordinance that authorizes a land owner in a designated sending zone to transfer
1118  land use rights from a designated sending zone to a designated receiving zone.
1119     (87) "Unincorporated" means the area outside of the incorporated area of a municipality.
1120     (88) "Water interest" means any right to the beneficial use of water, including:
1121  (a) each of the rights listed in Section 73-1-11; and
1122  (b) an ownership interest in the right to the beneficial use of water represented by:
1123  (i) a contract; or
1124  (ii) a share in a water company, as defined in Section 73-3-3.5.
1125     (89) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land
1126  use zones, overlays, or districts.
1127  Section 4. Section 17-79-803 is amended to read:
1128  17-79-803 . Applicant's entitlement to land use application approval --
1129     Application relating to land in a high priority transportation corridor -- County's
1130     requirements and limitations -- Vesting upon submission of development plan and
1131     schedule.
1132     (1)(a)(i) Subject to Subsection (7), an applicant who has submitted a complete land
1133  use application, including the payment of all application fees, is entitled to
1134  substantive review of the application under the land use regulations:
1135  (A) in effect on the date that the application is complete; and
1136  (B) applicable to the application or to the information shown on the submitted
1137  application.
1138  (ii) An applicant is entitled to approval of a land use application if the application
1139  conforms to the requirements of the applicable land use regulations, land use
1140  decisions, and development standards in effect when the applicant submits a
1141  complete application and pays all application fees, unless:
1142  (A) the land use authority, on the record, formally finds that a compelling,
1143  countervailing public interest would be jeopardized by approving the
1144  application and specifies the compelling, countervailing public interest in
1145  writing; or
1146  (B) in the manner provided by local ordinance and before the applicant submits
1147  the application, the county formally initiates proceedings to amend the county's
1148  land use regulations in a manner that would prohibit approval of the
1149  application as submitted.
1150  (b) The county shall process an application without regard to proceedings the county
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1151  initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
1152  (i) 180 days have passed since the county initiated the proceedings; and
1153  (ii)(A) the proceedings have not resulted in an enactment that prohibits approval
1154  of the application as submitted; or
1155  (B) during the 12 months before the county processing the application or multiple
1156  applications of the same type, the application is impaired or prohibited under
1157  the terms of a temporary land use regulation adopted under Section 17-79-504.
1158        (c) A land use application is considered submitted and complete when the applicant
1159  provides the application in a form that complies with the requirements of applicable
1160  ordinances and pays all applicable fees.
1161        (d) Unless a phasing sequence is required in an executed development agreement, a
1162  county shall, without regard to any other separate and distinct land use application,
1163  accept and process a complete land use application in accordance with this chapter.
1164        (e) The continuing validity of an approval of a land use application is conditioned upon
1165  the applicant proceeding after approval to implement the approval with reasonable
1166  diligence.
1167        (f) Subject to Subsection (7), a county may not impose on an applicant who has
1168  submitted a complete application a requirement that is not expressed in:
1169  (i) this chapter;
1170  (ii) a county ordinance in effect on the date that the applicant submits a complete
1171  application, subject to Subsection (1)(a)(ii); or
1172  (iii) a county specification for public improvements applicable to a subdivision or
1173  development that is in effect on the date that the applicant submits an application.
1174        (g) A county may not impose on a holder of an issued land use permit or a final,
1175  unexpired subdivision plat a requirement that is not expressed:
1176  (i) in a land use permit;
1177  (ii) on the subdivision plat;
1178  (iii) in a document on which the land use permit or subdivision plat is based;
1179  (iv) in the written record evidencing approval of the land use permit or subdivision
1180  plat;
1181  (v) in this chapter;
1182  (vi) in a county ordinance; or
1183  (vii) in a county specification for residential roadways in effect at the time a
1184  residential subdivision was approved.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1185  (h) Except as provided in Subsection (1)(i) or (j), a county may not withhold issuance of
1186  a certificate of occupancy or acceptance of subdivision improvements because of an
1187  applicant's failure to comply with a requirement that is not expressed:
1188  (i) in the building permit or subdivision plat, documents on which the building permit
1189  or subdivision plat is based, or the written record evidencing approval of the
1190  building permit or subdivision plat; or
1191  (ii) in this chapter or the county's ordinances.
1192  (i) A county may not unreasonably withhold issuance of a certificate of occupancy
1193  where an applicant has met all requirements essential for the public health, public
1194  safety, and general welfare of the occupants, in accordance with this chapter, unless:
1195  (i) the applicant and the county have agreed in a written document to the withholding
1196  of a certificate of occupancy; or
1197  (ii) the applicant has not provided a financial assurance for required and uncompleted
1198  public landscaping improvements or infrastructure improvements in accordance
1199  with an applicable local ordinance.
1200  (j) A county may not conduct a final inspection required before issuing a certificate of
1201  occupancy for a residential unit that is within the boundary of an infrastructure
1202  financing district, as defined in Section 17B-1-102, until the applicant for the
1203  certificate of occupancy provides adequate proof to the county that any lien on the
1204  unit arising from the infrastructure financing district's assessment against the unit
1205  under Title 11, Chapter 42, Assessment Area Act, has been released after payment in
1206  full of the infrastructure financing district's assessment against that unit.
1207  (k) A county:
1208  (i) may require the submission of a private landscaping plan, as defined in Section
1209  17-79-707, before landscaping is installed; and
1210  (ii) may not withhold an applicant's building permit or certificate of occupancy
1211  because the applicant has not submitted a private landscaping plan.
1212     (2) A county is bound by the terms and standards of applicable land use regulations and
1213  shall comply with mandatory provisions of those regulations.
1214     (3) A county may not, as a condition of land use application approval, require a person
1215  filing a land use application to obtain documentation regarding a school district's
1216  willingness, capacity, or ability to serve the development proposed in the land use
1217  application.
1218     (4) Subject to Subsection (7), a specified public agency's submission of a development plan
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1219  and schedule as required in Subsection 17-79-305(8) that complies with the
1220  requirements of that subsection, the specified public agency vests in the county's
1221  applicable land use maps, zoning map, hookup fees, impact fees, other applicable
1222  development fees, and land use regulations in effect on the date of submission.
1223     (5)(a) If sponsors of a referendum timely challenge a project in accordance with
1224  Subsection [20A-7-601(6)] 20A-7-601(7), the project's affected owner may rescind
1225  the project's land use approval by delivering a written notice:
1226  (i) to the local clerk as defined in Section 20A-7-101; and
1227  (ii) no later than seven days after the day on which a petition for a referendum is
1228  determined sufficient under Subsection 20A-7-607(4).
1229  (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
1230  rescinded and are of no further force or effect:
1231  (i) the relevant land use approval; and
1232  (ii) any land use regulation enacted specifically in relation to the land use approval.
1233     (6)(a) After issuance of a building permit, a county may not:
1234  (i) change or add to the requirements expressed in the building permit, unless the
1235  change or addition is:
1236  (A) requested by the building permit holder; or
1237  (B) necessary to comply with an applicable state building code; or
1238  (ii) revoke the building permit or take action that has the effect of revoking the
1239  building permit.
1240  (b) Subsection (6)(a) does not prevent a county from issuing a building permit that
1241  contains an expiration date defined in the building permit.
1242     (7) A county shall comply with the provisions of this chapter regarding all pending land use
1243  applications and new land use applications submitted under this chapter.
1244  Section 5. Section 20A-1-102 is amended to read:
1245  20A-1-102 . Definitions.
1246        As used in this title:
1247     (1) "Active voter" means a registered voter who has not been classified as an inactive voter
1248  by the county clerk.
1249     (2) "Automatic tabulating equipment" means apparatus that automatically examines and
1250  counts votes recorded on ballots and tabulates the results.
1251     (3)(a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
1252  storage medium, that records an individual voter's vote.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1253  (b) "Ballot" does not include a record to tally multiple votes.
1254     (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters on
1255  the ballot for their approval or rejection including:
1256  (a) an opinion question specifically authorized by the Legislature;
1257  (b) a constitutional amendment;
1258  (c) an initiative;
1259  (d) a referendum;
1260  (e) a bond proposition;
1261  (f) a judicial retention question;
1262  (g) an incorporation of a city or town; or
1263  (h) any other ballot question specifically authorized by the Legislature.
1264     (5) "Bind," "binding," or "bound" means securing more than one piece of paper together
1265  using staples or another means in at least three places across the top of the paper in the
1266  blank space reserved for securing the paper.
1267     (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
1268  20A-4-306 to canvass election returns.
1269     (7) "Bond election" means an election held for the purpose of approving or rejecting the
1270  proposed issuance of bonds by a government entity.
1271     (8) "Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
1272  a holiday.
1273     (9) "Business reply mail envelope" means an envelope that may be mailed free of charge by
1274  the sender.
1275     (10) "Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
1276  a business day, or any other type of day.
1277     (11) "Canvass" means the review of election returns and the official declaration of election
1278  results by the board of canvassers.
1279     (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at the
1280  canvass.
1281     (13) "Contracting election officer" means an election officer who enters into a contract or
1282  interlocal agreement with a provider election officer.
1283     (14) "Convention" means the political party convention at which party officers and
1284  delegates are selected.
1285     (15) "Counting center" means one or more locations selected by the election officer in
1286  charge of the election for the automatic counting of ballots.
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1287     (16) "Counting judge" means a poll worker designated to count the ballots during election
1288  day.
1289     (17) "Counting room" means a suitable and convenient private place or room for use by the
1290  poll workers and counting judges to count ballots.
1291     (18) "County officers" means those county officers that are required by law to be elected.
1292     (19) "Date of the election" or "election day" or "day of the election":
1293  (a) means the day that is specified in the calendar year as the day on which the election
1294  occurs; and
1295  (b) does not include:
1296  (i) deadlines established for voting by mail, military-overseas voting, or emergency
1297  voting; or
1298  (ii) any early voting or early voting period as provided under Chapter 3a, Part 6,
1299  Early Voting.
1300     (20) "Elected official" means:
1301  (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
1302  Municipal Alternate Voting Methods Pilot Project;
1303  (b) a person who is considered to be elected to a municipal office in accordance with
1304  Subsection 20A-1-206(1)(c)(ii); or
1305  (c) a person who is considered to be elected to a special district office in accordance
1306  with Subsection 20A-1-206(3)(b)(ii).
1307     (21) "Election" means a regular general election, a municipal general election, a statewide
1308  special election, a local special election, a regular primary election, a municipal primary
1309  election, and a special district election.
1310     (22) "Election Assistance Commission" means the commission established by the Help
1311  America Vote Act of 2002, Pub. L. No. 107-252.
1312     (23) "Election cycle" means the period beginning on the first day on which individuals are
1313  eligible to file declarations of candidacy and ending when the canvass is completed.
1314     (24) "Election judge" means a poll worker that is assigned to:
1315  (a) preside over other poll workers at a polling place;
1316  (b) act as the presiding election judge; or
1317  (c) serve as a canvassing judge, counting judge, or receiving judge.
1318     (25) "Election material" includes:
1319  (a) the verification documentation described in Subsection 20A-3a-401(9)(b)(iv);
1320  (b) the list of voters contacted to cure a ballot described in Subsection 20A-3a-401(10)(b);
  - 39 -
       2nd Sub. (Gray) H.B. 170  02-09 14:45
1321  (c) the record of rejected and resolved ballots described in Subsection 20A-3a-401(11)(a);
1322  (d) any chain of custody documentation described in Section 20A-3a-401.1, including:
1323  (i) the count of ballots described in Subsection 20A-3a-401.1(3); and
1324  (ii) the batch log described in Subsection 20A-3a-401.1(5);
1325  (e) the record of signature verification audits described in Subsection 20A-3a-402.5(4);
1326  (f) the affidavit of compliance described in Subsection 20A-3a-404(2);
1327  (g) the physical and electronic log of replicated ballots described in Subsection
1328  20A-4-104(3);
1329  (h) the physical or electronic log of adjudicated ballots described in Section 20A-5-802.5;
1330  (i) the record of voter database access described in Subsection 20A-5-905(2);
1331  (j) the reports on military and overseas voters described in Section 20A-16-202;
1332  (k) scanned copies of return envelopes;
1333  (l) a copy of the final election results database described in Section 20A-5-802.5; and
1334  (m) the materials used in the programming of the automatic tabulating equipment.
1335     (26) "Election officer" means:
1336  (a) the lieutenant governor, for all statewide ballots and elections;
1337  (b) the county clerk for:
1338  (i) a county ballot and election; and
1339  (ii) a ballot and election as a provider election officer as provided in Section
1340  20A-5-400.1 or 20A-5-400.5;
1341  (c) the municipal clerk for:
1342  (i) a municipal ballot and election; and
1343  (ii) a ballot and election as a provider election officer as provided in Section
1344  20A-5-400.1 or 20A-5-400.5;
1345  (d) the special district clerk or chief executive officer for:
1346  (i) a special district ballot and election; and
1347  (ii) a ballot and election as a provider election officer as provided in Section
1348  20A-5-400.1 or 20A-5-400.5; or
1349  (e) the business administrator or superintendent of a school district for:
1350  (i) a school district ballot and election; [and]
1351  (ii) a referendum petition as provided in Chapter 7, Issues Submitted to the Voters;
1352  and
1353  [(ii)] (iii) a ballot and election as a provider election officer as provided in Section
1354  20A-5-400.1 or 20A-5-400.5.
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1355     (27) "Election official" means any election officer, election judge, or poll worker.
1356     (28) "Election results" means:
1357  (a) for an election other than a bond election, the count of votes cast in the election and
1358  the election returns requested by the board of canvassers; or
1359  (b) for bond elections, the count of those votes cast for and against the bond proposition
1360  plus any or all of the election returns that the board of canvassers may request.
1361     (29) "Election results database" means the following information generated by voting
1362  equipment:
1363  (a) one or more electronic files that contains a digital interpretation of each ballot that is
1364  counted in an election;
1365  (b) a ballot image; and
1366  (c) other information related to a ballot that is adjudicated under Section 20A-4-105.
1367     (30) "Election returns" means:
1368  (a) the pollbook;
1369  (b) the military and overseas absentee voter registration and voting certificates;
1370  (c) one of the tally sheets;
1371  (d) any unprocessed ballots;
1372  (e) all counted ballots;
1373  (f) all excess ballots;
1374  (g) all unused ballots;
1375  (h) all spoiled ballots;
1376  (i) all ballot disposition forms, including any provisional ballot disposition forms;
1377  (j) the final election results database described in Section 20A-5-802.5;
1378  (k) all return envelopes;
1379  (l) any provisional ballot envelopes; and
1380  (m) the total votes cast form.
1381     (31) "Electronic signature" means an electronic sound, symbol, or process attached to or
1382  logically associated with a record and executed or adopted by a person with the intent to
1383  sign the record.
1384     (32) "Holiday" means a legal holiday described in Subsections 63G-1-301(1) and (2).
1385     (33) "Inactive voter" means a registered voter who is listed as inactive by a county clerk
1386  under Subsection 20A-2-505(4)(c)(i) or (ii).
1387     (34) "Judicial office" means the office filled by any judicial officer.
1388     (35) "Judicial officer" means any justice or judge of a court of record or any county court
  - 41 -
       2nd Sub. (Gray) H.B. 170  02-09 14:45
1389  judge.
1390     (36) "Local election" means a regular county election, a regular municipal election, a
1391  municipal primary election, a local special election, a special district election, and a
1392  bond election.
1393     (37) "Local political subdivision" means a county, a municipality, a special district, or a
1394  local school district.
1395     (38) "Local special election" means a special election called by the governing body of a
1396  local political subdivision in which all registered voters of the local political subdivision
1397  may vote.
1398     (39) "Manual ballot" means a paper document produced by an election officer on which an
1399  individual records an individual's vote by directly placing a mark on the paper document
1400  using a pen or other marking instrument.
1401     (40) "Mechanical ballot" means a record, including a paper record, electronic record, or
1402  mechanical record, that:
1403  (a) is created via electronic or mechanical means; and
1404  (b) records an individual voter's vote cast via a method other than an individual directly
1405  placing a mark, using a pen or other marking instrument, to record an individual
1406  voter's vote.
1407     (41) "Municipal executive" means:
1408  (a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
1409  (b) the mayor in the council-manager form of government defined in Subsection
1410  10-3b-103(6).
1411     (42) "Municipal general election" means the election held in municipalities and, as
1412  applicable, special districts on the first Tuesday after the first Monday in November of
1413  each odd-numbered year for the purposes established in Section 20A-1-202.
1414     (43) "Municipal legislative body" means the council of the city or town in any form of
1415  municipal government.
1416     (44) "Municipal office" means an elective office in a municipality.
1417     (45) "Municipal officers" means those municipal officers that are required by law to be
1418  elected.
1419     (46) "Municipal primary election" means an election held to nominate candidates for
1420  municipal office.
1421     (47) "Municipality" means a city or town.
1422     (48) "Official ballot" means the ballots distributed by the election officer for voters to
  - 42 -
       02-09 14:45  2nd Sub. (Gray) H.B. 170
1423  record their votes.
1424     (49) "Official endorsement" means the information on the ballot that identifies:
1425  (a) the ballot as an official ballot;
1426  (b) the date of the election; and
1427  (c)(i) for a ballot prepared by an election officer other than a county clerk, the
1428  facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
1429  (ii) for a ballot prepared by a county clerk, the words required by Subsection
1430  20A-6-301(1)(b)(iii).
1431     (50) "Official register" means the official record furnished to election officials by the
1432  election officer that contains the information required by Section 20A-5-401.
1433     (51) "Political party" means an organization of registered voters that has qualified to
1434  participate in an election by meeting the requirements of Chapter 8, Political Party
1435  Formation and Procedures.
1436     (52)(a) "Poll worker" means a person assigned by an election official to assist with an
1437  election, voting, or counting votes.
1438  (b) "Poll worker" includes election judges.
1439  (c) "Poll worker" does not include a watcher.
1440     (53) "Pollbook" means a record of the names of voters in the order that the voters appear to
1441  cast votes.
1442     (54) "Polling place" means a building where voting is conducted.
1443     (55) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
1444  which the voter marks the voter's choice.
1445     (56) "Presidential Primary Election" means the election established in Chapter 9, Part 8,
1446  Presidential Primary Election.
1447     (57) "Primary convention" means the political party conventions held during the year of the
1448  regular general election.
1449     (58) "Protective counter" means a separate counter, which cannot be reset, that:
1450  (a) is built into a voting machine; and
1451  (b) records the total number of movements of the operating lever.
1452     (59) "Provider election officer" means an election officer who enters into a contract or
1453  interlocal agreement with a contracting election officer to conduct an election for the
1454  contracting election officer's local political subdivision in accordance with Section
1455  20A-5-400.1.
1456     (60) "Provisional ballot" means a ballot voted provisionally by a person:
  - 43 -
       2nd Sub. (Gray) H.B. 170  02-09 14:45
1457  (a) whose name is not listed on the official register at the polling place;
1458  (b) whose legal right to vote is challenged as provided in this title; or
1459  (c) whose identity was not sufficiently established by a poll worker.
1460     (61) "Provisional ballot envelope" means an envelope printed in the form required by
1461  Section 20A-6-105 that is used to identify provisional ballots and to provide information
1462  to verify a person's legal right to vote.
1463     (62)(a) "Public figure" means an individual who, due to the individual being considered
1464  for, holding, or having held a position of prominence in a public or private capacity,
1465  or due to the individual's celebrity status, has an increased risk to the individual's
1466  safety.
1467  (b) "Public figure" does not include an individual:
1468  (i) elected to public office; or
1469  (ii) appointed to fill a vacancy in an elected public office.
1470     (63) "Qualify" or "qualified" means to take the oath of office and begin performing the
1471  duties of the position for which the individual was elected.
1472     (64) "Receiving judge" means the poll worker that checks the voter's name in the official
1473  register at a polling place and provides the voter with a ballot.
1474     (65) "Registration form" means a form by which an individual may register to vote under
1475  this title.
1476     (66) "Regular ballot" means a ballot that is not a provisional ballot.
1477     (67) "Regular general election" means the election held throughout the state on the first
1478  Tuesday after the first Monday in November of each even-numbered year for the
1479  purposes established in Section 20A-1-201.
1480     (68) "Regular primary election" means the election, held on the date specified in Section
1481  20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
1482  local school board positions to advance to the regular general election.
1483     (69) "Resident" means a person who resides within a specific voting precinct in Utah.
1484     (70) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
1485  provided to a voter with a manual ballot:
1486  (a) into which the voter places the manual ballot after the voter has voted the manual
1487  ballot in order to preserve the secrecy of the voter's vote; and
1488  (b) that includes the voter affidavit and a place for the voter's signature.
1489     (71) "Sample ballot" means a mock ballot similar in form to the official ballot, published as
1490  provided in Section 20A-5-405.
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1491     (72) "Special district" means a local government entity under Title 17B, Limited Purpose
1492  Local Government Entities - Special Districts, and includes a special service district
1493  under Title 17D, Chapter 1, Special Service District Act.
1494     (73) "Special district officers" means those special district board members who are required
1495  by law to be elected.
1496     (74) "Special election" means an election held as authorized by Section 20A-1-203.
1497     (75) "Spoiled ballot" means each ballot that:
1498  (a) is spoiled by the voter;
1499  (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
1500  (c) lacks the official endorsement.
1501     (76) "Statewide special election" means a special election called by the governor or the
1502  Legislature in which all registered voters in Utah may vote.
1503     (77) "Tabulation system" means a device or system designed for the sole purpose of
1504  tabulating votes cast by voters at an election.
1505     (78) "Ticket" means a list of:
1506  (a) political parties;
1507  (b) candidates for an office; or
1508  (c) ballot propositions.
1509     (79) "Transfer case" means the sealed box used to transport voted ballots to the counting
1510  center.
1511     (80) "Vacancy" means:
1512  (a) except as provided in Subsection (80)(b), the absence of an individual to serve in a
1513  position created by state constitution or state statute, whether that absence occurs
1514  because of death, disability, disqualification, resignation, or other cause; or
1515  (b) in relation to a candidate for a position created by state constitution or state statute,
1516  the removal of a candidate due to the candidate's death, resignation, or
1517  disqualification.
1518     (81) "Valid voter identification" means:
1519  (a) a form of identification that bears the name and photograph of the voter which may
1520  include:
1521  (i) a currently valid Utah driver license;
1522  (ii) a currently valid identification card issued under Title 53, Chapter 3, Part 8,
1523  Identification Card Act;
1524  (iii) a currently valid identification card that is issued by:
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1525  (A) the state; or
1526  (B) a branch, department, or agency of the United States;
1527  (iv) a currently valid Utah permit to carry a concealed weapon;
1528  (v) a currently valid United States passport; or
1529  (vi) a currently valid United States military identification card;
1530        (b) one of the following identification cards, regardless of whether the card includes a
1531  photograph of the voter:
1532  (i) a valid tribal identification card;
1533  (ii) a Bureau of Indian Affairs card; or
1534  (iii) a tribal treaty card; or
1535        (c) two forms of identification not listed under Subsection (81)(a) or (b) but that bear the
1536  name of the voter and provide evidence that the voter resides in the voting precinct,
1537  which may include:
1538  (i) before January 1, 2029, an original or copy of a current utility bill, dated no more
1539  than 90 calendar days before the date of the election;
1540  (ii) before January 1, 2029, an original or copy of a bank or other financial account
1541  statement, dated no more than 90 calendar days before the date of the election;
1542  (iii) a certified birth certificate;
1543  (iv) a valid social security card;
1544  (v) an original or copy of a check issued by the state or the federal government, dated
1545  no more than 90 calendar days before the date of the election;
1546  (vi) an original or copy of a paycheck from the voter's employer, dated no more than
1547  90 calendar days before the date of the election;
1548  (vii) a currently valid Utah hunting or fishing license;
1549  (viii) certified naturalization documentation;
1550  (ix) a currently valid license issued by an authorized agency of the United States;
1551  (x) a certified copy of court records showing the voter's adoption or name change;
1552  (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer [Card] card;
1553  (xii) a currently valid identification card issued by:
1554  (A) a local government within the state;
1555  (B) an employer for an employee; or
1556  (C) a college, university, technical school, or professional school located within
1557  the state; or
1558  (xiii) a current Utah vehicle registration.
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1559     (82) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
1560  by following the procedures and requirements of this title.
1561     (83) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
1562  (a) mailing the ballot to the location designated in the mailing; or
1563  (b) depositing the ballot in a ballot drop box designated by the election officer.
1564     (84) "Voter" means an individual who:
1565  (a) meets the requirements for voting in an election;
1566  (b) meets the requirements of election registration;
1567  (c) is registered to vote; and
1568  (d) is listed in the official register.
1569     (85) "Voter registration deadline" means the registration deadline provided in Section
1570  20A-2-102.5.
1571     (86) "Voting area" means the area within six feet of the voting booths, voting machines,
1572  and ballot box.
1573     (87) "Voting booth" means:
1574  (a) the space or compartment within a polling place that is provided for the preparation
1575  of ballots, including the voting enclosure or curtain; or
1576  (b) a voting device that is free standing.
1577     (88) "Voting device" means any device provided by an election officer for a voter to vote a
1578  mechanical ballot.
1579     (89) "Voting precinct" means the smallest geographical voting unit, established under
1580  Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
1581     (90) "Watcher" means an individual who complies with the requirements described in
1582  Section 20A-3a-801 to become a watcher for an election.
1583     (91) "Write-in ballot" means a ballot containing any write-in votes.
1584     (92) "Write-in vote" means a vote cast for an individual, whose name is not printed on the
1585  ballot, in accordance with the procedures established in this title.
1586  Section 6. Section 20A-4-301 is amended to read:
1587  20A-4-301 . Board of canvassers.
1588     (1)(a) Each county legislative body is the board of county canvassers for:
1589  (i) the county; and
1590  (ii) each special district whose election is conducted by the county if:
1591  (A) the election relates to the creation of the special district;
1592  (B) the county legislative body serves as the governing body of the special
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1593  district; or
1594  (C) there is no duly constituted governing body of the special district.
1595  (b) The board of county canvassers shall meet to canvass the returns at the usual place of
1596  meeting of the county legislative body, at a date and time determined by the county
1597  clerk that is no sooner than seven calendar days after the day of the election and no
1598  later than 14 calendar days after the day of the election.
1599  (c) If one or more of the county legislative body fails to attend the meeting of the board
1600  of county canvassers, the remaining members shall replace the absent member by
1601  appointing in the order named:
1602  (i) the county treasurer;
1603  (ii) the county assessor; or
1604  (iii) the county sheriff.
1605  (d) Attendance of the number of persons equal to a simple majority of the county
1606  legislative body, but not less than three persons, shall constitute a quorum for
1607  conducting the canvass.
1608  (e) The county clerk is the clerk of the board of county canvassers.
1609     (2)(a) The mayor and the municipal legislative body are the board of municipal
1610  canvassers for the municipality.
1611  (b) The board of municipal canvassers shall meet to canvass the returns at the usual
1612  place of meeting of the municipal legislative body:
1613  (i) for canvassing of returns from a municipal general election, no sooner than seven
1614  calendar days after the day of the election and no later than 14 calendar days after
1615  the day of the election; or
1616  (ii) for canvassing of returns from a municipal primary election, no sooner than seven
1617  calendar days after the day of the election and no later than 14 calendar days after
1618  the election.
1619  (c) Attendance of a simple majority of the municipal legislative body shall constitute a
1620  quorum for conducting the canvass.
1621     (3)(a) The legislative body of the entity authorizing a bond election is the board of
1622  canvassers for each bond election.
1623  (b) The board of canvassers for the bond election shall comply with the canvassing
1624  procedures and requirements of Section 11-14-207.
1625  (c) Attendance of a simple majority of the legislative body of the entity authorizing a
1626  bond election shall constitute a quorum for conducting the canvass.
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1627     (4)(a) If a board of trustees or an administrative control board is the governing body of a
1628  special district, the board of trustees or the administrative control board is the board
1629  of special district canvassers for the special district.
1630  (b) The board of special district canvassers shall meet to canvass the returns at the usual
1631  place of meeting for the board of trustees or the administrative control board, as
1632  applicable, at a date and time determined by the special district clerk that is no sooner
1633  than seven calendar days after the day of the election and no later than 14 calendar
1634  days after the day of the election.
1635  (c) Attendance of a simple majority of the board of trustees or the administrative control
1636  board is a quorum for conducting the canvass.
1637     (5)(a) The local school board of a school district is the board of school district
1638  canvassers for a referendum election under Subsection 20A-7-102(4).
1639  (b) The board of school district canvassers shall meet to canvass the returns at the usual
1640  place of meeting of the local school board no sooner than seven calendar days after
1641  the day of the election and no later than 14 calendar days after the day of the election.
1642  (c) Attendance of a simple majority of the local school board shall constitute a quorum
1643  for conducting the canvass.
1644     [(5)] (6) In relation to an election for the creation of a new school district under Section
1645  53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, or in relation to an election of members of a
1646  local school board for a new school district or a reorganized new school district under
1647  Section 53G-3-302, the board of canvassers is:
1648  (a) if the voters permitted to vote in the election are all residents of the same
1649  municipality, the mayor and the municipal legislative body;
1650  (b) if the voters permitted to vote in the election are not all residents of the same
1651  municipality, but are all residents of the same county, the county legislative body; or
1652  (c) if the voters permitted to vote in the election are not all residents of the same
1653  municipality and are not all residents of the same county, the county legislative body
1654  of the county where the majority of the voters permitted to vote in the election are
1655  residents.
1656  Section 7. Section 20A-7-101 is amended to read:
1657  20A-7-101 . Definitions.
1658        As used in this chapter:
1659     (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
1660  gather signatures for the electronic initiative process, the electronic referendum process,
  - 49 -
       2nd Sub. (Gray) H.B. 170  02-09 14:45
1661  or the electronic candidate qualification process.
1662     (2) "Budget officer" means:
1663  (a) for a county, the person designated as finance officer as defined in Section 17-63-101;
1664  (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);[ or]
1665  (c) for a town, the town council[.] ; or
1666  (d) for a school district, the individual appointed business administrator under Section
1667  53G-4-302.
1668     (3) "Certified" means that the county clerk has acknowledged a signature as being the
1669  signature of a registered voter.
1670     (4) "Circulation" means the process of submitting an initiative petition or a referendum
1671  petition to legal voters for their signature.
1672     (5) "Electronic initiative process" means:
1673  (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
1674  and 20A-21-201, for gathering signatures; or
1675  (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
1676  20A-21-201, for gathering signatures.
1677     (6) "Electronic referendum process" means:
1678  (a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313
1679  and 20A-21-201, for gathering signatures; or
1680  (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
1681  20A-21-201, for gathering signatures.
1682     (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
1683  town that is holding an election on a ballot proposition.
1684     (8) "Final fiscal impact statement" means a financial statement prepared after voters
1685  approve an initiative that contains the information required by Subsection
1686  20A-7-202.5(2) or 20A-7-502.5(2).
1687     (9) "Initial fiscal impact statement" means a financial statement prepared under Section
1688  20A-7-202.5 after the filing of a statewide initiative application.
1689     (10) "Initial fiscal impact and legal statement" means a financial and legal statement
1690  prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
1691  referendum.
1692     (11) "Initiative" means a new law proposed for adoption by the public as provided in this
1693  chapter.
1694     (12) "Initiative application" means:
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1695  (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
1696  includes all the information, statements, documents, and notarized signatures
1697  required under Subsection 20A-7-202(2); or
1698  (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
1699  includes all the information, statements, documents, and notarized signatures
1700  required under Subsection 20A-7-502(2).
1701     (13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed law,
1702  and the signature sheets, all of which have been bound together as a unit.
1703     (14) "Initiative petition":
1704  (a) as it relates to a statewide initiative, using the manual initiative process:
1705  (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
1706  submission of the initiative to the Legislature or the legal voters; and
1707  (ii) if the initiative proposes a tax increase, includes the statement described in
1708  Subsection 20A-7-203(2)(b);
1709  (b) as it relates to a statewide initiative, using the electronic initiative process:
1710  (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
1711  submission of the initiative to the Legislature or the legal voters; and
1712  (ii) if the initiative proposes a tax increase, includes the statement described in
1713  Subsection 20A-7-215(5)(b);
1714  (c) as it relates to a local initiative, using the manual initiative process:
1715  (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
1716  submission of the initiative to the legislative body or the legal voters; and
1717  (ii) if the initiative proposes a tax increase, includes the statement described in
1718  Subsection 20A-7-503(2)(b); or
1719  (d) as it relates to a local initiative, using the electronic initiative process:
1720  (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
1721  submission of the initiative to the legislative body or the legal voters; and
1722  (ii) if the initiative proposes a tax increase, includes the statement described in
1723  Subsection 20A-7-514(4)(a).
1724     (15)(a) "Land use law" means a law of general applicability, enacted based on the
1725  weighing of broad, competing policy considerations, that relates to the use of land,
1726  including a land use regulation, a general plan, a land use development code, an
1727  annexation ordinance, the rezoning of a single property or multiple properties, or a
1728  comprehensive zoning ordinance or resolution.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1729  (b) "Land use law" does not include a land use decision, as defined in Section 10-20-102
1730  or 17-79-102.
1731     (16) "Legal signatures" means the number of signatures of legal voters that:
1732  (a) meet the numerical requirements of this chapter; and
1733  (b) have been obtained, certified, and verified as provided in this chapter.
1734     (17) "Legal voter" means an individual who is registered to vote in Utah.
1735     (18) "Legally referable to voters" means:
1736  (a) for a proposed local initiative, that the proposed local initiative is legally referable to
1737  voters under Section 20A-7-502.7; or
1738  (b) for a proposed local referendum, that the proposed local referendum is legally
1739  referable to voters under Section 20A-7-602.7.
1740     (19) "Local attorney" means the county attorney, city attorney, [or ]town attorney, or local
1741  school district attorney in whose jurisdiction a local initiative or referendum petition is
1742  circulated.
1743     [(20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
1744  jurisdiction a local initiative or referendum petition is circulated.]
1745     (20) "Local clerk" means:
1746  (a)(i) for a local initiative or referendum that is a county initiative or referendum, the
1747  county clerk in whose jurisdiction the local initiative or referendum petition is
1748  circulated; or
1749  (ii) for a local referendum that is a school district referendum, the county clerk of the
1750  county where a majority of the voters in the school district reside; or
1751  (b) for a local initiative or referendum that is a municipal initiative or referendum, the
1752  city recorder or town clerk in whose jurisdiction the local initiative or referendum
1753  petition is circulated.
1754     (21)(a) "Local law" includes:
1755  (i) an ordinance;
1756  (ii) a resolution;
1757  (iii) a land use law;
1758  (iv) a land use regulation, as defined in Section 10-20-102;[ or]
1759  (v) other legislative action of a local legislative body[.] ; or
1760  (vi) any legislative action of a local school board, other than legislative action
1761  described in Subsection (21)(b)(ii).
1762  (b) "Local law" does not include:
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1763  (i) a land use decision, as defined in Section 10-20-102[.] ; or
1764  (ii) a local school tax law.
1765     (22)(a) "Local legislative body" means the legislative body of a county, city, or town.
1766  (b) "Local legislative body" does not include the local school board of a school district.
1767     (23) "Local obligation law" means a local law passed by the local legislative body
1768  regarding a bond that was approved by a majority of qualified voters in an election.
1769     (24) "Local school board" means a board elected under Chapter 14, Part 2, Election of
1770  Members of Local Board of Education.
1771     (25)(a) "Local school tax law" means legislative action of a local school board that:
1772  (i) increases a tax or imposes a new tax; or
1773  (ii) otherwise imposes a payment obligation on property.
1774  (b) "Local school tax law" includes:
1775  (i) a board local levy under Section 53F-8-302;
1776  (ii) a capital local levy under Section 53F-8-303; or
1777  (iii) any other tax or levy that is within a local school board's discretion to impose.
1778  (c) "Local school tax law" does not include legislative action of a local school board that
1779  increases a tax or imposes a new tax, if the increased tax or new tax:
1780  (i) relates to a voted local levy under Section 53G-8-301;
1781  (ii) relates to a bond election under Section 53G-4-603;
1782  (iii) is a judgment levy imposed under Section 59-2-1330; or
1783  (iv) is required to be imposed by state law, or is otherwise not within a local school
1784  board's discretion to impose.
1785     [(24)] (26)(a) "Local tax law" means a law, passed by a political subdivision with an
1786  annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
1787  (b) "Local tax law" does not include a local school tax law.
1788     [(25)] (27) "Manual initiative process" means the process for gathering signatures for an
1789  initiative using paper signature packets that a signer physically signs.
1790     [(26)] (28) "Manual referendum process" means the process for gathering signatures for a
1791  referendum using paper signature packets that a signer physically signs.
1792     [(27)] (29)(a) "Measure" means a proposed constitutional amendment, an initiative, or
1793  referendum.
1794  (b) "Measure" does not include a ballot proposition for the creation of a new school
1795  district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
1796     [(28)] (30) "Presiding officers" means the president of the Senate and the speaker of the
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1797  House of Representatives.
1798     [(29)] (31) "Referendum" means a process by which a law passed by the [Legislature or by a
1799  local legislative body] Legislature, a local legislative body, or a local school board is
1800  submitted or referred to the voters for their approval or rejection.
1801     [(30)] (32) "Referendum application" means:
1802  (a) for a statewide referendum, an application described in Subsection 20A-7-302(2) that
1803  includes all the information, statements, documents, and notarized signatures
1804  required under Subsection 20A-7-302(2); or
1805  (b) for a local referendum, an application described in Subsection 20A-7-602(2) that
1806  includes all the information, statements, documents, and notarized signatures
1807  required under Subsection 20A-7-602(2).
1808     [(31)] (33) "Referendum packet" means a copy of the referendum petition, a copy of the law
1809  being submitted or referred to the voters for their approval or rejection, and the signature
1810  sheets, all of which have been bound together as a unit.
1811     [(32)] (34) "Referendum petition" means:
1812  (a) as it relates to a statewide referendum, using the manual referendum process, the
1813  form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law
1814  passed by the Legislature to legal voters for their approval or rejection;
1815  (b) as it relates to a statewide referendum, using the electronic referendum process, the
1816  form described in Subsection 20A-7-313(2), petitioning for submission of a law
1817  passed by the Legislature to legal voters for their approval or rejection;
1818  (c) as it relates to a local referendum, using the manual referendum process, the form
1819  described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law or
1820  a local school tax law to legal voters for their approval or rejection; or
1821  (d) as it relates to a local referendum, using the electronic referendum process, the form
1822  described in Subsection 20A-7-614(2), petitioning for submission of a local law or a
1823  local school tax law to legal voters for their approval or rejection.
1824     [(33)] (35) "Signature":
1825  (a) for a statewide initiative:
1826  (i) as it relates to the electronic initiative process, means an electronic signature
1827  collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
1828  (ii) as it relates to the manual initiative process:
1829  (A) means a holographic signature collected physically on a signature sheet
1830  described in Section 20A-7-203;
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1831  (B) as it relates to an individual who, due to a qualifying disability under the
1832  Americans with Disabilities Act, is unable to fill out the signature sheet or to
1833  sign the voter's name consistently, the initials "AV," indicating that the voter's
1834  identity will be verified by an alternate verification process described in
1835  Section 20A-7-106; and
1836  (C) does not include an electronic signature;
1837        (b) for a statewide referendum:
1838  (i) as it relates to the electronic referendum process, means an electronic signature
1839  collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
1840  (ii) as it relates to the manual referendum process:
1841  (A) means a holographic signature collected physically on a signature sheet
1842  described in Section 20A-7-303;
1843  (B) as it relates to an individual who, due to a qualifying disability under the
1844  Americans with Disabilities Act, is unable to fill out the signature sheet or to
1845  sign the voter's name consistently, the initials "AV," indicating that the voter's
1846  identity will be verified by an alternate verification process described in
1847  Section 20A-7-106; and
1848  (C) does not include an electronic signature;
1849        (c) for a local initiative:
1850  (i) as it relates to the electronic initiative process, means an electronic signature
1851  collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
1852  (ii) as it relates to the manual initiative process:
1853  (A) means a holographic signature collected physically on a signature sheet
1854  described in Section 20A-7-503;
1855  (B) as it relates to an individual who, due to a qualifying disability under the
1856  Americans with Disabilities Act, is unable to fill out the signature sheet or to
1857  sign the voter's name consistently, the initials "AV," indicating that the voter's
1858  identity will be verified by an alternate verification process described in
1859  Section 20A-7-106; and
1860  (C) does not include an electronic signature; or
1861        (d) for a local referendum:
1862  (i) as it relates to the electronic referendum process, means an electronic signature
1863  collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
1864  (ii) as it relates to the manual referendum process:
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1865  (A) means a holographic signature collected physically on a signature sheet
1866  described in Section 20A-7-603;
1867  (B) as it relates to an individual who, due to a qualifying disability under the
1868  Americans with Disabilities Act, is unable to fill out the signature sheet or to
1869  sign the voter's name consistently, the initials "AV," indicating that the voter's
1870  identity will be verified by an alternate verification process described in
1871  Section 20A-7-106; and
1872  (C) does not include an electronic signature.
1873     [(34)] (36) "Signature sheets" means sheets in the form required by this chapter that are used
1874  under the manual initiative process or the manual referendum process to collect
1875  signatures in support of an initiative or referendum.
1876     [(35)] (37) "Special local ballot proposition" means a local ballot proposition that is not a
1877  standard local ballot proposition.
1878     [(36)] (38) "Sponsors" means the legal voters who support the initiative or referendum and
1879  who sign the initiative application or referendum application.
1880     [(37)] (39)(a) "Standard local ballot proposition" means a local ballot proposition for an
1881  initiative or a referendum.
1882  (b) "Standard local ballot proposition" does not include a property tax referendum
1883  described in Section 20A-7-613.
1884     [(38)] (40) "Tax percentage difference" means the difference between the tax rate proposed
1885  by an initiative or an initiative petition and the current tax rate.
1886     [(39)] (41) "Tax percentage increase" means a number calculated by dividing the tax
1887  percentage difference by the current tax rate and rounding the result to the nearest
1888  thousandth.
1889     [(40)] (42) "Verified" means acknowledged by the person circulating the petition as required
1890  in Section 20A-7-105.
1891  Section 8. Section 20A-7-102 is amended to read:
1892  20A-7-102 . Initiatives and referenda authorized -- Restrictions.
1893        By following the procedures and requirements of this chapter, Utah voters may, subject
1894     to the restrictions [of Article VI, Sec. 1, Utah Constitution] of Utah Constitution, Article VI,
1895     Section 1, and this chapter:
1896     (1) initiate any desired legislation and cause it to be submitted to:
1897  (a) the Legislature or to a vote of the people for approval or rejection if it is a proposed
1898  state law; or
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1899  (b) a local legislative body or to a vote of the people if it is a local law;
1900     (2) require any law passed by the Legislature, except those laws passed by a two-thirds vote
1901  of the members elected to each house of the Legislature, to be referred to the voters for
1902  their approval or rejection before the law takes effect;[ and]
1903     (3) require any [law or ordinance] local law passed by a local legislative body to be referred
1904  to the voters for their approval or rejection before the law takes effect[.] ; or
1905     (4) require any local law or local school tax law passed by a local school board to be
1906  referred to the voters for their approval or rejection before the local law or local school
1907  tax law takes effect, unless:
1908  (a) the local school board is comprised of five members and four members or more
1909  voted in favor of the local law or local school tax law;
1910  (b) the local school board is comprised of seven members and five members or more
1911  voted in favor of the local law or local school tax law; or
1912  (c) the local school board is comprised of nine members and seven members or more
1913  voted in favor of the local law or local school tax law.
1914  Section 9. Section 20A-7-401.3 is amended to read:
1915  20A-7-401.3 . Voter participation areas.
1916     (1)(a) Except as provided in Subsection (2):
1917  (i) a city of the first or second class or a county of the first or second class shall, no
1918  later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years
1919  after 2022, divide the city or county into eight contiguous and compact voter
1920  participation areas of substantially equal population; and
1921  (ii) a city of the third or fourth class or a county of the third or fourth class shall, no
1922  later than January 1, 2020, again on January 1, 2022, and January 1 each 10 years
1923  after 2022, divide the city or county into four contiguous and compact voter
1924  participation areas of substantially equal population.
1925  (b) A city or county shall use the voter participation areas described in Subsection (1)(a)
1926  or (2)(b) for the purpose described in Sections 20A-7-501 and 20A-7-601.
1927     (2)(a) This section does not apply to a county of the fifth or sixth class, a city of the fifth
1928  class, [or a town] a town, or a school district.
1929  (b) A city or county that has established council districts that are not at-large districts
1930  may, regardless of the number of council districts that are not at-large districts, use
1931  the council districts as voter participation areas under this section.
1932  Section 10. Section 20A-7-401.5 is amended to read:
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
1933  20A-7-401.5 . Proposition information pamphlet.
1934     (1)(a)(i) Within 15 calendar days after the day on which an eligible voter files an
1935  application to circulate an initiative petition under Section 20A-7-502 or an
1936  application to circulate a referendum petition under Section 20A-7-602:
1937  (A) the sponsors of the proposed initiative or referendum may electronically
1938  submit a written argument in favor of the proposed initiative or referendum to
1939  the election officer of the [county or municipality] county, municipality, or
1940  school district to which the petition relates; and
1941  (B) the [county or municipality] county, municipality, or school district to which
1942  the application relates may electronically submit a written argument in favor
1943  of, or against, the proposed initiative or referendum to the county's[ or
1944  municipality's] , municipality's, or school district's election officer.
1945  (ii) If a [county or municipality] county, municipality, or school district submits more
1946  than one written argument under Subsection (1)(a)(i)(B), the election officer shall
1947  select one of the written arguments, giving preference to a written argument
1948  submitted by a member of a local legislative body or the local school board if a
1949  majority of the local legislative body or the local school board supports the written
1950  argument.
1951  (b) Within one business day after the day on which an election officer receives an
1952  argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of
1953  the argument to the [county or municipality] county, municipality, or school district
1954  described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as applicable.
1955  (c) Within one business day after the date on which an election officer receives an
1956  argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of
1957  the argument to the first three sponsors of the proposed initiative or referendum
1958  described in Subsection (1)(a)(i)(A).
1959  (d) The sponsors of the proposed initiative or referendum may electronically submit a
1960  revised version of the written argument described in Subsection (1)(a)(i)(A) to the
1961  election officer of the [county or municipality] county, municipality, or school district
1962  to which the petition relates within 20 calendar days after the day on which the
1963  eligible voter files an application to circulate an initiative petition under Section
1964  20A-7-502 or an application to circulate a referendum petition under Section
1965  20A-7-602.
1966  (e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by a [
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
1967  county or municipality] county, municipality, or school district may electronically
1968  submit a revised version of the written argument to the county's[ or municipality's] ,
1969  municipality's, or school district's election officer within 20 calendar days after the
1970  day on which the eligible voter files an application to circulate an initiative petition
1971  under Section 20A-7-502 or an application to circulate a referendum petition under
1972  Section 20A-7-602.
1973     (2)(a) A written argument described in Subsection (1) may not exceed 500 words.
1974  (b) Except as provided in Subsection (2)(c), a person may not modify a written argument
1975  described in Subsection (1)(d) or (e) after the written argument is submitted to the
1976  election officer.
1977  (c) The election officer and the person [that] who submits the written argument described
1978  in Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
1979  (i) correct factual, grammatical, or spelling errors; or
1980  (ii) reduce the number of words to come into compliance with Subsection (2)(a).
1981  (d) An election officer shall refuse to include a written argument in the proposition
1982  information pamphlet described in this section if the person who submits the
1983  argument:
1984  (i) fails to negotiate, in good faith, to modify the argument in accordance with
1985  Subsection (2)(c); or
1986  (ii) does not timely submit the written argument to the election officer.
1987  (e) An election officer shall make a good faith effort to negotiate a modification
1988  described in Subsection (2)(c) in an expedited manner.
1989     (3) An election officer who receives a written argument described in Subsection (1) shall
1990  prepare a proposition information pamphlet for publication that includes:
1991  (a) a copy of the application for the proposed initiative or referendum;
1992  (b) except as provided in Subsection (2)(d), immediately after the copy described in
1993  Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
1994  referendum, if any;
1995  (c) except as provided in Subsection (2)(d), immediately after the argument described in
1996  Subsection (3)(b), the argument prepared by the county or municipality, if any; and
1997  (d) a copy of the initial fiscal impact statement and legal impact statement described in
1998  Section 20A-7-502.5 or 20A-7-602.5.
1999     (4)(a) A proposition information pamphlet is a draft for purposes of Title 63G, Chapter
2000  2, Government Records Access and Management Act, until the earlier of when the
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2001  election officer:
2002  (i) complies with Subsection (4)(b); or
2003  (ii) publishes the proposition information pamphlet under Subsection (5) or (6).
2004  (b) Within 21 calendar days after the day on which the eligible voter files an application
2005  to circulate an initiative petition under Section 20A-7-502, or an application to
2006  circulate a referendum petition under Section 20A-7-602, the election officer shall
2007  provide a copy of the proposition information pamphlet to the sponsors of the
2008  initiative or referendum and each individual who submitted an argument included in
2009  the proposition information pamphlet.
2010     (5) An election officer for a municipality shall publish the proposition information
2011  pamphlet as follows:
2012  (a) within the later of 10 calendar days after the day on which the municipality or a court
2013  determines that the proposed initiative or referendum is legally referable to voters, or,
2014  if the election officer modifies an argument under Subsection (2)(c), three calendar
2015  days after the day on which the election officer and the person [that] who submitted
2016  the argument agree on the modification:
2017  (i) by sending the proposition information pamphlet electronically to each individual
2018  in the municipality for whom the municipality has an email address, unless the
2019  individual has indicated that the municipality is prohibited from using the
2020  individual's email address for that purpose; and
2021  (ii) by posting the proposition information pamphlet on the Utah Public Notice
2022  Website, created in Section 63A-16-601, and the home page of the municipality's
2023  website, if the municipality has a website, until:
2024  (A) if the sponsors of the proposed initiative or referendum or an agent of the
2025  sponsors do not timely deliver any verified initiative packets or any verified
2026  referendum packets under Section 20A-7-105, the day after the date of the
2027  deadline for delivery of the verified initiative packets or verified referendum
2028  packets;
2029  (B) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
2030  number of signatures necessary to qualify the proposed initiative or referendum
2031  for placement on the ballot is insufficient and the determination is not timely
2032  appealed or is upheld after appeal; or
2033  (C) the day after the date of the election at which the proposed initiative or
2034  referendum appears on the ballot; and
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2035  (b) if the municipality regularly mails a newsletter, utility bill, or other material to the
2036  municipality's residents, including an [Internet] internet address, where a resident may
2037  view the proposition information pamphlet, in the next mailing, for which the
2038  municipality has not begun preparation, that falls on or after the later of:
2039  (i) 10 calendar days after the day on which the municipality or a court determines that
2040  the proposed initiative or referendum is legally referable to voters; or
2041  (ii) if the election officer modifies an argument under Subsection (2)(c), three
2042  calendar days after the day on which the election officer and the person [that] who
2043  submitted the argument agree on the modification.
2044     (6) An election officer for a county shall, within the later of 10 calendar days after the day
2045  on which the county or a court determines that the proposed initiative or referendum is
2046  legally referable to voters, or, if the election officer modifies an argument under
2047  Subsection (2)(c), three calendar days after the day on which the election officer and the
2048  person [that] who submitted the argument agree on the modification, publish the
2049  proposition information pamphlet as follows:
2050  (a) by sending the proposition information pamphlet electronically to each individual in
2051  the county for whom the county has an email address obtained via voter registration;
2052  and
2053  (b) by posting the proposition information pamphlet on the Utah Public Notice Website,
2054  created in Section 63A-16-601, and the home page of the county's website, until:
2055  (i) if the sponsors of the proposed initiative or referendum or an agent of the sponsors
2056  do not timely deliver any verified initiative packets or any verified referendum
2057  packets under Section 20A-7-105, the day after the date of the deadline for
2058  delivery of the verified initiative packets or verified referendum packets;
2059  (ii) the local clerk determines, under Section 20A-7-507 or 20A-7-607, that the
2060  number of signatures necessary to qualify the proposed initiative or referendum
2061  for placement on the ballot is insufficient and the determination is not timely
2062  appealed or is upheld after appeal; or
2063  (iii) the day after the date of the election at which the proposed initiative or
2064  referendum appears on the ballot.
2065     (7) An election officer for a school district shall, within the later of 10 calendar days after
2066  the day on which the school district or a court determines that the proposed referendum
2067  is legally referable to voters, or, if the election officer modifies an argument under
2068  Subsection (2)(c), three calendar days after the day on which the election officer and the
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2069  person who submitted the argument agree on the modification, publish the proposition
2070  information pamphlet as follows:
2071  (a) by sending the proposition information pamphlet electronically to each individual in
2072  the school district for whom the school district has an email address, unless the
2073  individual has indicated that the school district is prohibited from using the
2074  individual's email address for that purpose;
2075  (b) by posting the proposition information pamphlet on the Utah Public Notice Website,
2076  created in Section 63A-16-601, and the home page of the school district's website, if
2077  the school district has a website, until:
2078  (i) if the sponsors of the proposed referendum or an agent of the sponsors do not
2079  timely deliver any verified referendum packets under Section 20A-7-105, the day
2080  after the date of the deadline for delivery of the verified referendum packets;
2081  (ii) the local clerk determines, under Section 20A-7-607, that the number of
2082  signatures necessary to qualify the proposed referendum for placement on the
2083  ballot is insufficient and the determination is not timely appealed or is upheld after
2084  appeal; or
2085  (iii) the day after the date of the election at which the proposed referendum appears
2086  on the ballot.
2087  (c) if the school district regularly mails a newsletter or other material to the school
2088  district's residents, including an internet address, where a resident may view the
2089  proposition information pamphlet, in the next mailing, for which the school district
2090  has not begun preparation, that falls on or after the later of:
2091  (i) 10 calendar days after the day on which the school district or a court determines
2092  that the proposed referendum is legally referable to voters; or
2093  (ii) if the election officer modifies an argument under Subsection (2)(c), three
2094  calendar days after the day on which the election officer and the person who
2095  submitted the argument agree on the modification.
2096  Section 11. Section 20A-7-402 is amended to read:
2097  20A-7-402 . Local voter information pamphlet -- Notice -- Contents --
2098     Limitations -- Preparation -- Statement on front cover.
2099     (1)(a) The county[ or municipality] , municipality, or school district that is subject to a
2100  ballot proposition shall prepare a local voter information pamphlet that complies with
2101  the requirements of this part.
2102  (b) Each county or municipality that contains all or part of a proposed new school
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2103  district or a reorganized new school district that will appear on a regular general
2104  election ballot under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4 shall
2105  prepare a local voter information pamphlet that complies with the requirements of
2106  this part.
2107     (2)(a) [Within the time requirements described in Subsection (2)(c)(i), a municipality
2108  described in Subsection (1) shall provide a notice that complies with the requirements
2109  of Subsection (2)(c)(ii) to the municipality's residents by publishing the notice for the
2110  municipality, as a class A notice under Section 63G-30-102, for the time period set
2111  under Subsection (2)(c)(i)] A county, municipality, or school district described in
2112  Subsection (1) shall provide a notice that complies with the requirements described in
2113  Subsection (2)(b)(ii) to the county's, municipality's, or school district's residents by
2114  publishing the notice for the county, municipality, or school district, as a class A
2115  notice under Section 63G-30-102, for the time period described in Subsection (2)(b)(i).
2116  [(b) A county described in Subsection (1) shall publish a notice that complies with the
2117  requirements of Subsection (2)(c)(ii) for the county, as a class A notice under Section
2118  63G-30-102.]
2119  [(c)] (b) [A municipality or county that publishes a notice under Subsection (2)(a) or (b)
2120  shall] A county, municipality, or school district that publishes a notice under
2121  Subsection (2)(a) shall:
2122  (i) publish the notice:
2123  (A) not less than 90 calendar days before the date of the election at which a
2124  special local ballot proposition will be voted upon; or
2125  (B) if the requirements of Subsection [(2)(c)(i)(A)] (2)(b)(i)(A) cannot be met, as
2126  soon as practicable after the special local ballot proposition is approved to be
2127  voted upon in an election; and
2128  (ii) ensure that the notice contains:
2129  (A) the ballot title for the special local ballot proposition;
2130  (B) instructions on how to file a request under Subsection [(2)(d)] (2)(c); and
2131  (C) the deadline described in Subsection [(2)(d)] (2)(c).
2132  [(d)] (c) [Except as provided in Subsection (13), to] To prepare a written argument for or
2133  against a special local ballot proposition, an eligible voter shall file a request with the
2134  election officer no later than 5 p.m. on the last business day that is at least 64
2135  calendar days before the day of the election at which the special local ballot
2136  proposition is to be voted on.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2137  [(e)] (d) If more than one eligible voter requests the opportunity to prepare a written
2138  argument for or against a special local ballot proposition, the election officer shall
2139  make the final designation in accordance with the following order of priority:
2140  (i) sponsors have priority in preparing an argument regarding a special local ballot
2141  proposition; and
2142  (ii) members of the local legislative body or the local school board have priority over
2143  others if a majority of the local legislative body or the local school board supports
2144  the written argument.
2145  [(f)] (e) [Except as provided in Subsection (13), the] The election officer shall grant a
2146  request described in Subsection [(2)(d) or (e)] (2)(c) or (d) no later than 60 calendar
2147  days before the day of the election at which the ballot proposition is to be voted on.
2148  [(g)] (f)(i) A sponsor of a special local ballot proposition may prepare a written
2149  argument in favor of the special local ballot proposition.
2150  (ii) Subject to Subsection [(2)(e)] (2)(d), an eligible voter opposed to the special local
2151  ballot proposition who submits a request under Subsection [(2)(d)] (2)(c) may
2152  prepare a written argument against the special local ballot proposition.
2153  [(h)] (g) An eligible voter who submits a written argument under this section in relation
2154  to a special local ballot proposition shall:
2155  (i) ensure that the written argument does not exceed 500 words in length, not
2156  counting the information described in Subsection [(2)(h)(ii)] (2)(g)(ii) or (iv);
2157  (ii) list, at the end of the argument, at least one, but no more than five, names as
2158  sponsors;
2159  (iii) [except as provided in Subsection (13), ]submit the written argument to the
2160  election officer no later than 5 p.m. on the last business day that is at least 55
2161  calendar days before the election day on which the ballot proposition will be
2162  submitted to the voters;
2163  (iv) list in the argument, immediately after the eligible voter's name, the eligible
2164  voter's residential address; and
2165  (v) submit with the written argument the eligible voter's name, residential address,
2166  postal address, email address if available, and phone number.
2167  [(i)] (h) An election officer shall refuse to accept and publish an argument submitted
2168  after the deadline described in Subsection [(2)(h)(iii)] (2)(g)(iii).
2169     (3)(a) An election officer who timely receives the written arguments in favor of and
2170  against a special local ballot proposition shall, within one business day after the day
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2171  on which the election office receives both written arguments, send, via mail or email:
2172  (i) a copy of the written argument in favor of the special local ballot proposition to
2173  the eligible voter who submitted the written argument against the special local
2174  ballot proposition; and
2175  (ii) a copy of the written argument against the special local ballot proposition to the
2176  eligible voter who submitted the written argument in favor of the special local
2177  ballot proposition.
2178  (b) The eligible voter who submitted a timely written argument in favor of the special
2179  local ballot proposition:
2180  (i) may submit to the election officer a written rebuttal argument of the written
2181  argument against the special local ballot proposition;
2182  (ii) shall ensure that the written rebuttal argument does not exceed 250 words in
2183  length, not counting the information described in Subsection [(2)(h)(ii)] (2)(g)(ii)
2184  or (iv); and
2185  (iii) [except as provided in Subsection (13), ]shall submit the written rebuttal
2186  argument no later than 5 p.m. on the last business day that is at least 45 calendar
2187  days before the election day on which the special local ballot proposition will be
2188  submitted to the voters.
2189  (c) The eligible voter who submitted a timely written argument against the special local
2190  ballot proposition:
2191  (i) may submit to the election officer a written rebuttal argument of the written
2192  argument in favor of the special local ballot proposition;
2193  (ii) shall ensure that the written rebuttal argument does not exceed 250 words in
2194  length, not counting the information described in Subsection [(2)(h)(ii)] (2)(g)(ii)
2195  or (iv); and
2196  (iii) [except as provided in Subsection (13), ]shall submit the written rebuttal
2197  argument no later than 5 p.m. on the last business day that is at least 45 calendar
2198  days before the election day on which the special local ballot proposition will be
2199  submitted to the voters.
2200  (d) An election officer shall refuse to accept and publish a written rebuttal argument in
2201  relation to a special local ballot proposition that is submitted after the deadline
2202  described in Subsection (3)(b)(iii) or (3)(c)(iii).
2203     (4)(a) Except as provided in Subsection (4)(b), in relation to a special local ballot
2204  proposition:
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2205  (i) an eligible voter may not modify a written argument or a written rebuttal argument
2206  after the eligible voter submits the written argument or written rebuttal argument
2207  to the election officer; and
2208  (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
2209  modify a written argument or a written rebuttal argument.
2210  (b) The election officer, and the eligible voter who submits a written argument or written
2211  rebuttal argument in relation to a special local ballot proposition, may jointly agree to
2212  modify a written argument or written rebuttal argument in order to:
2213  (i) correct factual, grammatical, or spelling errors; and
2214  (ii) reduce the number of words to come into compliance with the requirements of
2215  this section.
2216  (c) An election officer shall refuse to accept and publish a written argument or written
2217  rebuttal argument in relation to a special local ballot proposition if the eligible voter
2218  who submits the written argument or written rebuttal argument fails to negotiate, in
2219  good faith, to modify the written argument or written rebuttal argument in accordance
2220  with Subsection (4)(b).
2221     (5) In relation to a special local ballot proposition, an election officer may designate another
2222  eligible voter to take the place of an eligible voter described in this section if the original
2223  eligible voter is, due to injury, illness, death, or another circumstance, unable to continue
2224  to fulfill the duties of an eligible voter described in this section.
2225     (6) Sponsors whose written argument in favor of a standard local ballot proposition is
2226  included in a proposition information pamphlet under Section 20A-7-401.5:
2227  (a) may, if a written argument against the standard local ballot proposition is included in
2228  the proposition information pamphlet, submit a written rebuttal argument to the
2229  election officer;
2230  (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
2231  and
2232  (c) shall submit the written rebuttal argument no later than 5 p.m. on the last business
2233  day that is at least 45 calendar days before the election day on which the standard
2234  local ballot proposition will be submitted to the voters.
2235     (7)(a) A county[ or municipality] , municipality, or school district that submitted a
2236  written argument against a standard local ballot proposition that is included in a
2237  proposition information pamphlet under Section 20A-7-401.5:
2238  (i) may, if a written argument in favor of the standard local ballot proposition is
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2239  included in the proposition information pamphlet, submit a written rebuttal
2240  argument to the election officer;
2241  (ii) shall ensure that the written rebuttal argument does not exceed 250 words in
2242  length; and
2243  (iii) shall submit the written rebuttal argument no later than 5 p.m. on the last
2244  business day that is at least 45 calendar days before the election day on which the
2245  ballot proposition will be submitted to the voters.
2246  (b) If a county[ or municipality] , municipality, or school district submits more than one
2247  written rebuttal argument under Subsection (7)(a)(i), the election officer shall select
2248  one of the written rebuttal arguments, giving preference to a written rebuttal
2249  argument submitted by a member of a local legislative body or local school board.
2250     (8)(a) An election officer shall refuse to accept and publish a written rebuttal argument
2251  that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
2252  (b) Before an election officer publishes a local voter information pamphlet under this
2253  section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2,
2254  Government Records Access and Management Act.
2255  (c) An election officer who receives a written rebuttal argument described in this section
2256  may not, before publishing the local voter information pamphlet described in this
2257  section, disclose the written rebuttal argument, or any information contained in the
2258  written rebuttal argument, to any person who may in any way be involved in
2259  preparing an opposing rebuttal argument.
2260     (9)(a) Except as provided in Subsection (9)(b), a person may not modify a written
2261  rebuttal argument after the written rebuttal argument is submitted to the election
2262  officer.
2263  (b) The election officer, and the person who submits a written rebuttal argument, may
2264  jointly agree to modify a written rebuttal argument in order to:
2265  (i) correct factual, grammatical, or spelling errors; or
2266  (ii) reduce the number of words to come into compliance with the requirements of
2267  this section.
2268  (c) An election officer shall refuse to accept and publish a written rebuttal argument if
2269  the person who submits the written rebuttal argument:
2270  (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
2271  accordance with Subsection (9)(b); or
2272  (ii) does not timely submit the written rebuttal argument to the election officer.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2273  (d) An election officer shall make a good faith effort to negotiate a modification
2274  described in Subsection (9)(b) in an expedited manner.
2275     (10) An election officer may designate another person to take the place of a person who
2276  submits a written rebuttal argument in relation to a standard local ballot proposition if
2277  the person is, due to injury, illness, death, or another circumstance, unable to continue to
2278  fulfill the person's duties.
2279     (11)(a) The local voter information pamphlet shall include a copy of the initial fiscal
2280  impact estimate and the legal impact statement prepared for each initiative under
2281  Section 20A-7-502.5.
2282     (b) If the initiative proposes a tax increase, the local voter information pamphlet shall include
2283  the following statement in bold type:
2284  "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
2285  percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
2286  increase in the current tax rate."
2287     (12)(a) In preparing the local voter information pamphlet, the election officer shall:
2288  (i) ensure that the written arguments are printed on the same sheet of paper upon
2289  which the ballot proposition is also printed;
2290     (ii) ensure that the following statement is printed on the front cover or the heading of the first
2291  page of the printed written arguments:
2292  "The arguments for or against a ballot proposition are the opinions of the authors.";
2293  (iii) pay for the printing and binding of the local voter information pamphlet; and
2294  (iv) not less than 15 calendar days before, but not more than 45 calendar days before,
2295  the election at which the ballot proposition will be voted on, distribute, by mail or
2296  carrier, to each registered voter entitled to vote on the ballot proposition:
2297  (A) a voter information pamphlet; or
2298  (B) the notice described in Subsection (12)(c).
2299  (b)(i) If the language of the ballot proposition exceeds 500 words in length, the
2300  election officer may summarize the ballot proposition in 500 words or less.
2301  (ii) The summary shall state where a complete copy of the ballot proposition is
2302  available for public review.
2303  (c)(i) The election officer may distribute a notice printed on a postage prepaid,
2304  preaddressed return form that a person may use to request delivery of a voter
2305  information pamphlet by mail.
2306  (ii) The notice described in Subsection (12)(c)(i) shall include:
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2307  (A) the address of the Statewide Electronic Voter Information Website authorized
2308  by Section 20A-7-801; and
2309  (B) the phone number a voter may call to request delivery of a voter information
2310  pamphlet by mail or carrier.
2311     [(13) For 2024 only, in relation to an election that will appear on the regular general
2312  election ballot to create a new school district under Section 53G-3-301.1, 53G-3-301.3,
2313  or 53G-3-301.4, if the notice described in Subsection (2)(b) is published less than 72
2314  calendar days before the day of the election:]
2315  [(a) the deadline to file a request described in Subsection (2)(d) is before 5 p.m. no later
2316  than five business days after the notice is published;]
2317  [(b) the deadline to grant a request under Subsection (2)(f) is no later than seven
2318  business days after the notice is published;]
2319  [(c) the deadline to submit the written argument to the election officer under Subsection
2320  (2)(h)(iii) is before 5 p.m. no later than 12 business days after the notice is published;
2321  and]
2322  [(d) the deadline to submit the written rebuttal argument under Subsection (3)(b)(iii) or
2323  (c)(iii) is no later than 17 business days after the notice is published.]
2324  Section 12. Section 20A-7-405 is amended to read:
2325  20A-7-405 . Public meeting.
2326     (1) A [county or municipality] county, municipality, or school district may not discuss a
2327  proposed initiative, an initiative, a proposed referendum, or a referendum at a public
2328  meeting unless the [county or municipality] county, municipality, or school district
2329  complies with the requirements of this section.
2330     (2) The legislative body of a [county or municipality] county, municipality, or school district
2331  may hold a public meeting to discuss a proposed initiative, an initiative, a proposed
2332  referendum, or a referendum if the legislative body:
2333  (a) allows equal time, within a reasonable limit, for presentations on both sides of the
2334  proposed initiative, initiative, proposed referendum, or referendum;
2335  (b) provides interested parties an opportunity to present oral testimony within reasonable
2336  time limits; and
2337  (c) holds the public meeting:
2338  (i) during the legislative body's normal meeting time; or
2339  (ii) for a meeting time other than the legislative body's normal meeting time,
2340  beginning at or after 6 p.m.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2341     (3) This section does not prohibit a working group meeting from being held before 6 p.m.
2342  Section 13. Section 20A-7-601 is amended to read:
2343  20A-7-601 . Referenda -- General signature requirements -- Signature
2344     requirements for land use laws, subjurisdictional laws, and transit area land use laws --
2345     Time requirements.
2346     (1) As used in this section:
2347  (a) "Number of active voters" means the number of active voters in the county, city, [or ]
2348  town, or school district on the immediately preceding January 1.
2349  (b) "Qualifying county" means a county that has created a small public transit district, as
2350  defined in Section 17B-2a-802, on or before January 1, 2022.
2351  (c) "Qualifying transit area" means:
2352  (i) a station area, as defined in Section 10-21-101, for which the municipality with
2353  jurisdiction over the station area has satisfied the requirements of Subsection
2354  10-21-203(1)(a)(i), as demonstrated by the adoption of a station area plan or
2355  resolution under Subsection 10-21-203(1); or
2356  (ii) a housing and transit reinvestment zone, as defined in Section 63N-3-602, created
2357  within a qualifying county.
2358  (d) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
2359  jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
2360  (e)(i) "Subjurisdictional law" means a local law or local obligation law passed by a
2361  local legislative body that imposes a tax or other payment obligation on property
2362  in an area that does not include all precincts and subprecincts under the
2363  jurisdiction of the county, city, or town.
2364  (ii) "Subjurisdictional law" does not include a land use law.
2365  (f) "Transit area land use law" means a land use law that relates to the use of land within
2366  a qualifying transit area.
2367  (g) "Voter participation area" means an area described in Subsection 20A-7-401.3(1)(a)
2368  or (2)(b).
2369     (2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have a
2370  local law passed by the local legislative body submitted to a vote of the people shall,
2371  after filing a referendum application, obtain legal signatures equal to:
2372  (a) for a county of the first class:
2373  (i) 7.75% of the number of active voters in the county; and
2374  (ii) [beginning on January 1, 2020, ]7.75% of the number of active voters in at least
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2375  75% of the county's voter participation areas;
2376  (b) for a city of the first class:
2377  (i) 7.5% of the number of active voters in the city; and
2378  (ii) [beginning on January 1, 2020, ]7.5% of the number of active voters in at least
2379  75% of the city's voter participation areas;
2380  (c) for a county of the second class:
2381  (i) 8% of the number of active voters in the county; and
2382  (ii) [beginning on January 1, 2020, ]8% of the number of active voters in at least 75%
2383  of the county's voter participation areas;
2384  (d) for a city of the second class:
2385  (i) 8.25% of the number of active voters in the city; and
2386  (ii) [beginning on January 1, 2020, ]8.25% of the number of active voters in at least
2387  75% of the city's voter participation areas;
2388  (e) for a county of the third class:
2389  (i) 9.5% of the number of active voters in the county; and
2390  (ii) [beginning on January 1, 2020, ]9.5% of the number of active voters in at least
2391  75% of the county's voter participation areas;
2392  (f) for a city of the third class:
2393  (i) 10% of the number of active voters in the city; and
2394  (ii) [beginning on January 1, 2020, ]10% of the number of active voters in at least
2395  75% of the city's voter participation areas;
2396  (g) for a county of the fourth class:
2397  (i) 11.5% of the number of active voters in the county; and
2398  (ii) [beginning on January 1, 2020, ]11.5% of the number of active voters in at least
2399  75% of the county's voter participation areas;
2400  (h) for a city of the fourth class:
2401  (i) 11.5% of the number of active voters in the city; and
2402  (ii) [beginning on January 1, 2020, ]11.5% of the number of active voters in at least
2403  75% of the city's voter participation areas;
2404  (i) for a city of the fifth class or a county of the fifth class, 25% of the number of active
2405  voters in the city or county; or
2406  (j) for a town or a county of the sixth class, 35% of the number of active voters in the
2407  town or county.
2408     (3) Except as provided in Subsection (4) or (5), an eligible voter seeking to have a land use
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2409  law or local obligation law passed by the local legislative body submitted to a vote of the
2410  people shall, after filing a referendum application, obtain legal signatures equal to:
2411  (a) for a county of the first, second, third, or fourth class:
2412  (i) 16% of the number of active voters in the county; and
2413  (ii) [beginning on January 1, 2020, ]16% of the number of active voters in at least
2414  75% of the county's voter participation areas;
2415  (b) for a county of the fifth or sixth class:
2416  (i) 16% of the number of active voters in the county; and
2417  (ii) [beginning on January 1, 2020, ]16% of the number of active voters in at least
2418  75% of the county's voter participation areas;
2419  (c) for a city of the first class:
2420  (i) 15% of the number of active voters in the city; and
2421  (ii) [beginning on January 1, 2020, ]15% of the number of active voters in at least
2422  75% of the city's voter participation areas;
2423  (d) for or a city of the second class:
2424  (i) 16% of the number of active voters in the city; and
2425  (ii) [beginning on January 1, 2020, ]16% of the number of active voters in at least
2426  75% of the city's voter participation areas;
2427  (e) for a city of the third class:
2428  (i) 27.5% of the number of active voters in the city; and
2429  (ii) [beginning on January 1, 2020, ]27.5% of the number of active voters in at least
2430  75% of the city's voter participation areas;
2431  (f) for a city of the fourth class:
2432  (i) 29% of the number of active voters in the city; and
2433  (ii) [beginning on January 1, 2020, ]29% of the number of active voters in at least
2434  75% of the city's voter participation areas;
2435  (g) for a city of the fifth class, 35% of the number of active voters in the city; or
2436  (h) for a town, 40% of the number of active voters in the town.
2437     (4) A person seeking to have a subjurisdictional law passed by the local legislative body
2438  submitted to a vote of the people shall, after filing a referendum application, obtain legal
2439  signatures of the residents in the subjurisdiction equal to:
2440  (a) 10% of the number of active voters in the subjurisdiction if the number of active
2441  voters exceeds 25,000;
2442  (b) 12.5% of the number of active voters in the subjurisdiction if the number of active
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2443  voters does not exceed 25,000 but is more than 10,000;
2444  (c) 15% of the number of active voters in the subjurisdiction if the number of active
2445  voters does not exceed 10,000 but is more than 2,500;
2446  (d) 20% of the number of active voters in the subjurisdiction if the number of active
2447  voters does not exceed 2,500 but is more than 500;
2448  (e) 25% of the number of active voters in the subjurisdiction if the number of active
2449  voters does not exceed 500 but is more than 250; [and] or
2450  (f) 30% of the number of active voters in the subjurisdiction if the number of active
2451  voters does not exceed 250.
2452     (5) An eligible voter seeking to have a transit area land use law passed by the local
2453  legislative body submitted to a vote of the people shall, after filing a referendum
2454  application, obtain legal signatures equal to:
2455  (a) for a county:
2456  (i) 20% of the number of active voters in the county; and
2457  (ii) 21% of the number of active voters in at least 75% of the county's voter
2458  participation areas;
2459  (b) for a city of the first class:
2460  (i) 20% of the number of active voters in the city; and
2461  (ii) 20% of the number of active voters in at least 75% of the city's voter participation
2462  areas;
2463  (c) for a city of the second class:
2464  (i) 20% of the number of active voters in the city; and
2465  (ii) 21% of the number of active voters in at least 75% of the city's voter participation
2466  areas;
2467  (d) for a city of the third class:
2468  (i) 34% of the number of active voters in the city; and
2469  (ii) 34% of the number of active voters in at least 75% of the city's voter participation
2470  areas;
2471  (e) for a city of the fourth class:
2472  (i) 36% of the number of active voters in the city; and
2473  (ii) 36% of the number of active voters in at least 75% of the city's voter participation
2474  areas; or
2475  (f) for a city of the fifth class or a town, 40% of the number of active voters in the city or
2476  town.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2477     (6) An eligible voter seeking to have a local law or local school tax law passed by the local
2478  school board of a school district submitted to a vote of the people shall, after filing a
2479  referendum application, obtain legal signatures equal to:
2480  (a) 10% of the number of active voters in the school district if the number of active
2481  voters exceeds 25,000;
2482  (b) 12.5% of the number of active voters in the school district if the number of active
2483  voters does not exceed 25,000 but is more than 10,000;
2484  (c) 15% of the number of active voters in the school district if the number of active
2485  voters does not exceed 10,000 but is more than 2,500;
2486  (d) 20% of the number of active voters in the school district if the number of active
2487  voters does not exceed 2,500 but is more than 500;
2488  (e) 25% of the number of active voters in the school district if the number of active
2489  voters does not exceed 500 but is more than 250; or
2490  (f) 30% of the number of active voters in the school district if the number of active
2491  voters does not exceed 250.
2492     [(6)] (7) Sponsors of any referendum petition challenging, under Subsection (2), (3), (4), [or ]
2493  (5), or (6), any local law or local school tax law passed by a local legislative body or
2494  local school board, as applicable, shall file the application no later than the first business
2495  day that is at least five calendar days after the day on which the local law or the local
2496  school tax law was passed.
2497     [(7)] (8) This section does not authorize a local legislative body to impose a tax or other
2498  payment obligation on a subjurisdiction in order to benefit an area outside of the
2499  subjurisdiction.
2500  Section 14. Section 20A-7-602 is amended to read:
2501  20A-7-602 . Local referendum process -- Application procedures.
2502     (1) Individuals wishing to circulate a referendum petition shall file a referendum
2503  application with the local clerk.
2504     (2) The referendum application shall include:
2505  (a) the name and residence address of at least five sponsors of the referendum petition;
2506  (b) a statement indicating that each of the sponsors is registered to vote in Utah;
2507  (c) a statement indicating whether persons gathering signatures for the referendum
2508  petition may be paid for gathering signatures;
2509  (d) the signature of each of the sponsors, acknowledged by a notary public; and
2510  (e)(i) if the referendum challenges an ordinance or resolution, a copy of the ordinance
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2511  or resolution;[ or]
2512  (ii) if the referendum challenges a local law that is not an ordinance or resolution, a
2513  written description of the local law, including the result of the local legislative
2514  body's vote on the local law[.] ; or
2515  (iii) if the referendum challenges a local school tax law, a written description of the
2516  local school tax law, including the results of the local school board's vote on the
2517  local school tax law.
2518  Section 15. Section 20A-7-602.5 is amended to read:
2519  20A-7-602.5 . Initial fiscal and legal impact statement -- Preparation of statement.
2520     (1) Within three business days after the day on which the local clerk receives a referendum
2521  application, the local clerk shall submit a copy of the referendum application to the [
2522  county, city, or town's] county's, city's, town's, or school district's budget officer.
2523     (2)(a) The budget officer, together with legal counsel, shall prepare an unbiased, good
2524  faith initial fiscal and legal impact statement for repealing the law the referendum
2525  proposes to repeal that contains:
2526  (i) a dollar amount representing the total estimated fiscal impact of repealing the law;
2527  (ii) if repealing the law would increase or decrease taxes, a dollar amount
2528  representing the total estimated increase or decrease for each type of tax that
2529  would be impacted by the law's repeal and a dollar amount representing the total
2530  estimated increase or decrease in taxes that would result from the law's repeal;
2531  (iii) if repealing the law would result in the issuance or a change in the status of
2532  bonds, notes, or other debt instruments, a dollar amount representing the total
2533  estimated increase or decrease in public debt that would result;
2534  (iv) a listing of all sources of funding for the estimated costs that would be associated
2535  with the law's repeal, showing each source of funding and the percentage of total
2536  funding that would be provided from each source;
2537  (v) a dollar amount representing the estimated costs or savings, if any, to state and
2538  local government entities if the law were repealed;
2539  (vi) the legal impacts that would result from repealing the law, including:
2540  (A) any significant effects on a person's vested property rights;
2541  (B) any significant effects on other laws or ordinances;
2542  (C) any significant legal liability the city, county, or town may incur; and
2543  (D) any other significant legal impact as determined by the budget officer and the
2544  legal counsel; and
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2545  (vii) a concise explanation, not exceeding 100 words, of the information described in
2546  this Subsection (2)(a) and of the estimated fiscal impact, if any, if the law were
2547  repealed.
2548  (b)(i) If repealing the law would have no fiscal impact, the local budget officer shall include a
2549  summary statement in the initial fiscal impact and legal statement in substantially the
2550  following form:
2551  "The (title of the local budget officer) estimates that repealing the law this referendum
2552  proposes to repeal would have no significant fiscal impact and would not result in either an
2553  increase or decrease in taxes or debt."
2554  (ii) If repealing the law is estimated to have a fiscal impact, the local budget officer
2555  shall include a summary statement in the initial fiscal and legal impact statement
2556  describing the fiscal impact.
2557  (iii) If the estimated fiscal impact of repealing the law is highly variable or is
2558  otherwise difficult to reasonably express in a summary statement, the local budget
2559  officer may include in the summary statement a brief explanation that identifies
2560  those factors impacting the variability or difficulty of the estimate.
2561     (3) Within 20 calendar days after the day on which the local clerk submits a copy of the
2562  application under Subsection (1), the budget officer shall:
2563  (a) send a copy of the initial fiscal impact and legal statement to the local clerk's office;
2564  and
2565  (b) send a copy of the initial fiscal impact and legal statement to the first three sponsors
2566  named in the referendum application.
2567  Section 16. Section 20A-7-602.7 is amended to read:
2568  20A-7-602.7 . Referability to voters of local law other than land use law.
2569     (1) Within 20 calendar days after the day on which an eligible voter files a referendum
2570  application under Section 20A-7-602 for a local school tax law, or a local law other than
2571  a land use law, counsel for the county, city, [or town] town, or school district to which
2572  the referendum [pertains] relates shall:
2573  (a) review the referendum application to determine whether the proposed referendum is
2574  legally referable to voters; and
2575  (b) notify the first three sponsors, in writing, whether the proposed referendum is:
2576  (i) legally referable to voters; or
2577  (ii) rejected as not legally referable to voters.
2578     (2) For a local school tax law, or a local law other than a land use law, a proposed
  - 76 -
       02-09 14:45  2nd Sub. (Gray) H.B. 170
2579  referendum is legally referable to voters unless:
2580  (a) the proposed referendum challenges an action that is administrative, rather than
2581  legislative, in nature;
2582  (b) the proposed referendum challenges more than one law passed by the local
2583  legislative body or the local school board; or
2584  (c) the referendum application was not timely filed or does not comply with the
2585  requirements of this part.
2586     (3) After the end of the 20-calendar-day period described in Subsection (1), [a county, city,
2587  or town may not, for a local law other than a land use law] a county, city, town, or school
2588  district may not, for a local school tax law, or a local law other than a land use law:
2589  (a) reject a proposed referendum as not legally referable to voters; or
2590  (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a
2591  proposed referendum on the grounds that the proposed referendum is not legally
2592  referable to voters.
2593     (4)(a) If, under Subsection (1)(b)(ii), a county, city, [or town] town, or school district
2594  rejects a proposed referendum concerning a local school tax law, or a local law other
2595  than a land use law, a sponsor of the proposed referendum may, within 10 days after
2596  the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal
2597  the decision to:
2598  (i) the Supreme Court, by means of an extraordinary writ, if possible; or
2599  (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ
2600  under Subsection (4)(a)(i).
2601  (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection (4)(a)
2602  terminates the referendum.
2603     (5) If, on a challenge or appeal, the court determines that the proposed referendum
2604  described in Subsection (4) is legally referable to voters, the local clerk shall comply
2605  with Subsection 20A-7-604(3), or give the sponsors access to the website defined in
2606  Section 20A-21-101, within five calendar days after the day on which the determination,
2607  and any challenge or appeal of the determination, is final.
2608     The following section is affected by a coordination clause at the end of this bill.
2609  Section 17. Section 20A-7-603 is amended to read:
2610  20A-7-603 . Manual referendum process -- Form of referendum petition and
2611     signature sheet.
2612     (1) This section applies only to the manual referendum process.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2613     (2)(a) Each proposed referendum petition shall be printed in substantially the following form:
2614  "REFERENDUM PETITION To the Honorable ____, County Clerk/City
2615  Recorder/Town Clerk:
2616  We, the undersigned citizens of Utah, respectfully order that (description of the local
2617  law or local school tax law, or portion of local law or local school tax law being challenged),
2618  passed by the ____ be referred to the voters for their approval or rejection at the
2619  regular/municipal general election to be held on __________(month\day\year);
2620  Each signer says:
2621  I have personally signed this referendum petition or, if I am an individual with a
2622  qualifying disability, I have signed this referendum petition by directing the signature gatherer
2623  to enter the initials "AV" as my signature;
2624  The date next to my signature correctly reflects the date that I actually signed the
2625  petition;
2626  I have personally read the entire statement included with this packet;
2627  I am registered to vote in Utah; and
2628  My residence and post office address are written correctly after my name."
2629  (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the
2630  law that is the subject of the referendum to each referendum petition.
2631     (3) Each referendum signature sheet shall:
2632  (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
2633  (b) be ruled with a horizontal line three-fourths inch from the top, with the space above
2634  that line blank for the purpose of binding;
2635  (c) include the title of the referendum printed below the horizontal line, in at least
2636  14-point type;
2637  (d) include a table immediately below the title of the referendum, and beginning .5 inch
2638  from the left side of the paper, as follows:
2639  (i) the first column shall be .5 inch wide and include three rows;
2640  (ii) the first row of the first column shall be .85 inch tall and contain the words "For
2641  Office Use Only" in 10-point type;
2642  (iii) the second row of the first column shall be .35 inch tall;
2643  (iv) the third row of the first column shall be .5 inch tall;
2644  (v) the second column shall be 2.75 inches wide;
2645  (vi) the first row of the second column shall be .35 inch tall and contain the words
2646  "Registered Voter's Printed Name (must be legible to be counted)" in 10-point
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2647  type;
2648  (vii) the second row of the second column shall be .5 inch tall;
2649  (viii) the third row of the second column shall be .35 inch tall and contain the words
2650  "Street Address, City, Zip Code" in 10-point type;
2651  (ix) the fourth row of the second column shall be .5 inch tall;
2652  (x) the third column shall be 2.75 inches wide;
2653  (xi) the first row of the third column shall be .35 inch tall and contain the words
2654  "Signature of Registered Voter" in 10-point type;
2655  (xii) the second row of the third column shall be .5 inch tall;
2656  (xiii) the third row of the third column shall be .35 inch tall and contain the words
2657  "Email Address (optional, to receive additional information)" in 10-point type;
2658  (xiv) the fourth row of the third column shall be .5 inch tall;
2659  (xv) the fourth column shall be one inch wide;
2660  (xvi) the first row of the fourth column shall be .35 inch tall and contain the words
2661  "Date Signed" in 10-point type;
2662  (xvii) the second row of the fourth column shall be .5 inch tall;
2663  (xviii) the third row of the fourth column shall be .35 inch tall and contain the words
2664  "Birth Date or Age (optional)" in 10-point type;
2665  (xix) the fourth row of the third column shall be .5 inch tall; and
2666  (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,
2667  and contain the following words, "By signing this referendum petition, you are
2668  stating that you have read and understand the law that this referendum petition
2669  seeks to overturn." in 12-point type;
2670  (e) the table described in Subsection (3)(d) shall be repeated, leaving sufficient room at
2671  the bottom of the sheet or the information described in Subsection (3)(f); and
2672     (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type, followed by
2673  the following statement in not less than eight-point type:
2674  "It is a class A misdemeanor for an individual to sign a referendum petition with a name
2675  other than the individual's own name, or to knowingly sign the individual's name more than
2676  once for the same referendum petition, or to sign a referendum petition when the individual
2677  knows that the individual is not a registered voter.
2678  Birth date or age information is not required, but it may be used to verify your identity
2679  with voter registration records. If you choose not to provide it, your signature may not be
2680  verified as a valid signature if you change your address before petition signatures are verified
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2681  or if the information you provide does not match your voter registration records."
2682     (4) The final page of each referendum packet shall contain the following printed or typed
2683  statement:
2684  "Verification of signature collector
2685  State of Utah, County of ____
2686  I, _______________, of ____, hereby state, under penalty of perjury, that:
2687  I am at least 18 years old;
2688  All the names that appear in this packet were signed by individuals who professed to be
2689  the individuals whose names appear in it, and each of the individuals signed the individual's
2690  name on it in my presence or, in the case of an individual with a qualifying disability, I have
2691  signed this referendum petition on the individual's behalf, at the direction of the individual and
2692  in the individual's presence, by entering the initials "AV" as the individual's signature;
2693  I certify that, for each individual whose signature is represented in this referendum
2694  packet by the initials "AV":
2695  I obtained the individual's voluntary direction or consent to sign the referendum
2696  petition on the individual's behalf;
2697  I do not believe, or have reason to believe, that the individual lacked the mental
2698  capacity to give direction or consent;
2699  I do not believe, or have reason to believe, that the individual did not
2700  understand the purpose or nature of my signing the referendum petition on the individual's
2701  behalf;
2702  I did not intentionally or knowingly deceive the individual into directing me to,
2703  or consenting for me to, sign the referendum petition on the individual's behalf; and
2704  I did not intentionally or knowingly enter false information on the signature
2705  sheet;
2706  I did not knowingly make a misrepresentation of fact concerning the law this petition
2707  seeks to overturn; and
2708  I believe that each individual's name, post office address, and residence is written
2709  correctly, that each signer has read the law that the referendum seeks to overturn, and that each
2710  signer is registered to vote in Utah.
2711  ________________________________________________________________________
2712
2713  (Name)  (Residence Address)  (Date)
2714  The correct date of signature appears next to each individual's name.
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2715  I have not paid or given anything of value to any individual who signed this referendum
2716  packet to encourage that individual to sign it.
2717  _____________________________________________________________________
2718  (Name)  (Residence Address)  (Date)".
2719     (5) If the forms described in this section are substantially followed, the referendum
2720  petitions are sufficient, notwithstanding clerical and merely technical errors.
2721  Section 18. Section 20A-7-604 is amended to read:
2722  20A-7-604 . Manual referendum process -- Circulation requirements -- Local
2723     clerk to provide sponsors with materials.
2724     (1) This section applies only to the manual referendum process.
2725     (2) In order to obtain the necessary number of signatures required by this part, the sponsors
2726  or an agent of the sponsors shall, after the sponsors receive the documents described in
2727  Subsections (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the form
2728  requirements of this part.
2729     (3) Within five calendar days after the day on which a county, city, town, school district, or
2730  court determines, in accordance with Section 20A-7-602.7, that a proposed referendum
2731  is legally referable to voters, the local clerk shall provide the sponsors with:
2732  (a) a copy of the referendum petition;
2733  (b) a signature sheet; and
2734  (c) a copy of the proposition information pamphlet provided to the sponsors under
2735  Subsection 20A-7-401.5(4)(b).
2736     (4) The sponsors of the referendum petition shall:
2737  (a) arrange and pay for the printing of all documents that are part of the referendum
2738  packets; and
2739  (b) ensure that the referendum packets and the documents described in Subsection (4)(a)
2740  meet the form requirements of this section.
2741     (5)(a) The sponsors or an agent of the sponsors may prepare the referendum packets for
2742  circulation by creating multiple referendum packets.
2743  (b) The sponsors or an agent of the sponsors shall create referendum packets by binding
2744  a copy of the referendum petition with the text of the law that is the subject of the
2745  referendum and no more than 50 signature sheets together at the top in a manner that
2746  the referendum packets may be conveniently opened for signing.
2747  (c) A referendum packet is not required to have a uniform number of signature sheets.
2748  (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2749  the proposition information pamphlet provided to the sponsors under Subsection
2750  20A-7-401.5(4)(b).
2751     (6)(a) The sponsors or an agent of the sponsors shall, before gathering signatures:
2752  (i) contact the county clerk to receive a range of numbers that the sponsors may use
2753  to number referendum packets;
2754  (ii) sign an agreement with the local clerk, specifying the range of numbers that the
2755  sponsor will use to number the referendum packets; and
2756  (iii) number each referendum packet, sequentially, within the range of numbers
2757  provided by the county clerk, starting with the lowest number in the range.
2758  (b) The sponsors or an agent of the sponsors may not:
2759  (i) number a referendum packet in a manner not directed by the county clerk; or
2760  (ii) circulate or submit a referendum packet that is not numbered in the manner
2761  directed by the county clerk.
2762  Section 19. Section 20A-7-607 is amended to read:
2763  20A-7-607 . Evaluation by the local clerk -- Determination of election for vote on
2764     referendum.
2765     (1) In relation to the manual referendum process, when the local clerk receives a
2766  referendum packet from a county clerk, the local clerk shall record the number of the
2767  referendum packet received.
2768     (2) The county clerk shall:
2769  (a) in relation to the manual referendum process:
2770  (i) post the names, voter identification numbers, and dates of signatures described in
2771  Subsection 20A-7-105(6)(a)(iii) on the lieutenant governor's website, in a
2772  conspicuous location designated by the lieutenant governor, for at least 45
2773  calendar days; and
2774  (ii) update on the local clerk's website the number of signatures certified as of the
2775  date of the update; or
2776  (b) in relation to the electronic referendum process:
2777  (i) post the names, voter identification numbers, and dates of signatures described in
2778  Subsection 20A-7-616(3) on the lieutenant governor's website, in a conspicuous
2779  location designated by the lieutenant governor, for at least 45 calendar days; and
2780  (ii) update on the lieutenant governor's website the number of signatures certified as
2781  of the date of the update.
2782     (3) The local clerk:
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2783  (a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
2784  sufficient or insufficient:
2785  (i) in relation to the manual referendum process, no later than 111 calendar days after
2786  the day of the deadline, described in Subsection 20A-7-105(5)(a)(iv), to submit a
2787  referendum packet to the county clerk; or
2788  (ii) in relation to the electronic referendum process, no later than 111 calendar days
2789  after the day of the deadline, described in Subsection 20A-7-616(2), to collect a
2790  signature; or
2791  (b) may declare the referendum petition to be insufficient before the day described in
2792  Subsection (3)(a) if:
2793  (i) in relation to the manual referendum process, the total of all valid signatures on
2794  timely and lawfully submitted referendum packets that have been certified by the
2795  county clerk, plus the number of signatures on timely and lawfully submitted
2796  referendum packets that have not yet been evaluated for certification, is less than
2797  the number of names required under Section 20A-7-601;
2798  (ii) in relation to the electronic referendum process, the total of all timely and
2799  lawfully submitted valid signatures that have been certified by the county clerks,
2800  plus the number of timely and lawfully submitted valid signatures received under
2801  Subsection 20A-21-201(6)(b) that have not yet been evaluated for certification, is
2802  less than the number of names required under Section 20A-7-601; or
2803  (iii) a requirement of this part has not been met.
2804     (4)(a) If the total number of names certified under Subsection (3) equals or exceeds the
2805  number of names required under Section 20A-7-601, and the requirements of this
2806  part are met, the local clerk shall mark upon the front of the referendum petition the
2807  word "sufficient."
2808  (b) If the total number of names certified under Subsection (3) does not equal or exceed
2809  the number of names required under Section 20A-7-601 or a requirement of this part
2810  is not met, the local clerk shall mark upon the front of the referendum petition the
2811  word "insufficient."
2812  (c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
2813  finding.
2814  (d) After a referendum petition is declared insufficient, a person may not submit
2815  additional signatures to qualify the referendum for the ballot.
2816     (5)(a) If the local clerk refuses to declare a referendum petition sufficient, any voter
  - 83 -
       2nd Sub. (Gray) H.B. 170  02-09 14:45
2817  may, no later than 10 days after the day on which the local clerk declares the
2818  referendum petition insufficient, apply to the appropriate court for an order finding
2819  the referendum petition legally sufficient.
2820  (b) If the court determines that the referendum petition is legally sufficient, the local
2821  clerk shall mark the referendum petition "sufficient" and consider the declaration of
2822  sufficiency effective as of the date on which the referendum petition should have
2823  been declared sufficient by the local clerk's office.
2824  (c) If the court determines that a referendum petition filed is not legally sufficient, the
2825  court may enjoin the local clerk and all other officers from:
2826  (i) certifying or printing the ballot title and numbers of that referendum on the official
2827  ballot for the next election; or
2828  (ii) as it relates to a local tax law or local school tax law that is conducted entirely by
2829  mail, certifying, printing, or mailing the ballot title and numbers of that
2830  referendum under Section 20A-7-609.5.
2831     (6) A referendum petition determined to be sufficient in accordance with this section is
2832  qualified for the ballot.
2833     (7)(a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
2834  legislative action taken after April 15, the election officer may not place the
2835  referendum on an election ballot until a primary election, a general election, or a
2836  special election the following year.
2837  (b) The election officer may place a referendum described in Subsection (7)(a) on the
2838  ballot for a special, primary, or general election held during the year that the
2839  legislative action was taken if the following agree, in writing, on a timeline to place
2840  the referendum on that ballot:
2841  (i) the local clerk;
2842  (ii) the county clerk; and
2843  (iii) the attorney for the county[ or ] , municipality, or school district that took the
2844  legislative action.
2845  (c) For a referendum on a land use law, if, before August 30, the local clerk or a court
2846  determines that the total number of certified names equals or exceeds the number of
2847  signatures required in Section 20A-7-601, the election officer shall place the
2848  referendum on the election ballot for:
2849  (i) the next general election; or
2850  (ii) another election, if the following agree, in writing, on a timeline to place the
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2851  referendum on that ballot:
2852  (A) the affected owners, as defined in Section 10-20-102 or 17-79-102, as
2853  applicable;
2854  (B) the local clerk;
2855  (C) the county clerk; and
2856  (D) the attorney for the county or municipality that took the legislative action.
2857  Section 20. Section 20A-7-608 is amended to read:
2858  20A-7-608 . Short title and summary of referendum -- Duties of local clerk and
2859     local attorney.
2860     (1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
2861  referendum petition and the law to which the referendum relates to the local attorney.
2862     (2) The local attorney shall:
2863  (a) entitle each [county or municipal] county, municipal, or school district referendum
2864  that qualifies for the ballot "Proposition Number __" and give the referendum a
2865  number assigned in accordance with Section 20A-6-107;
2866  (b) prepare for the referendum:
2867  (i) an impartial short title, not exceeding 25 words, that generally describes the
2868  subject of the law to which the referendum relates; and
2869  (ii) an impartial summary of the contents of the law to which the referendum relates,
2870  not exceeding 125 words;
2871  (c) file the proposed short title, summary, and the numbered referendum title with the
2872  local clerk within 20 calendar days after the day on which an eligible voter submits
2873  the referendum petition to the local clerk; and
2874  (d) promptly provide notice of the filing of the proposed short title and summary to:
2875  (i) the sponsors of the petition; and
2876  (ii) the local legislative body or the local school board for the jurisdiction where the
2877  referendum petition was circulated.
2878     (3)(a) The short title and summary may be distinct from the title of the law that is the
2879  subject of the referendum petition.
2880  (b) In preparing a short title, the local attorney shall, to the best of the local attorney's
2881  ability, give a true and impartial description of the subject of the referendum.
2882  (c) In preparing a summary, the local attorney shall, to the best of the local attorney's
2883  ability, give a true and impartial summary of the contents of the referendum.
2884  (d) The short title and summary may not intentionally be an argument, or likely to create
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2885  prejudice, for or against the referendum.
2886     (4)(a) Within five calendar days after the day on which the local attorney files a
2887  proposed short title and summary under Subsection (2)(c), the local legislative body
2888  or the local school board for the jurisdiction where the referendum petition was
2889  circulated and the sponsors of the referendum petition may file written comments in
2890  response to the proposed short title and summary with the local clerk.
2891  (b) Within five calendar days after the last date to submit written comments under
2892  Subsection (4)(a), the local attorney shall:
2893  (i) review any written comments filed in accordance with Subsection (4)(a);
2894  (ii) prepare a final short title and summary that meets the requirements of Subsection
2895  (3); and
2896  (iii) return the referendum petition and file the short title and summary with the local
2897  clerk.
2898  (c) Subject to Subsection (6), for each [county or municipal] county, municipal, or school
2899  district referendum, the following shall be printed on the official ballot:
2900  (i) the short title; and
2901  (ii) except as provided in Subsection (4)(d):
2902  (A) the summary;
2903  (B) a copy of the ordinance, resolution, or written description of the local law or
2904  the local school tax law; and
2905  (C) a link to a location on the election officer's website where a voter may review
2906  additional information relating to each referendum, including the information
2907  described in Subsection 20A-7-602(2) and the arguments relating to the
2908  referendum that are included in the local voter information pamphlet.
2909  (d) Unless the information described in Subsection (4)(c)(ii) is printed on the official
2910  ballot, the election officer shall include with the ballot a separate ballot proposition
2911  insert that includes the short title and summary for each referendum on the ballot and
2912  a link to a location on the election officer's website where a voter may review the
2913  additional information described in Subsection (4)(c)(ii)(C).
2914  (e) Unless the information described in Subsection 20A-7-508(4)(c)(ii) for all initiatives
2915  on the ballot, and the information described in Subsection (4)(c)(ii) for all referenda
2916  on the ballot, is printed on the ballot, the ballot shall include the following statement
2917  at the beginning of the portion of the ballot that includes ballot measures, "The ballot
2918  proposition sheet included with this ballot contains an impartial summary of each
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2919  initiative and referendum on this ballot, unless the summary is printed directly on the
2920  ballot."
2921     (5) Immediately after the local attorney files a copy of the short title and summary with the
2922  local clerk, the local clerk shall send a copy of the short title and summary to the
2923  sponsors of the referendum petition and the local legislative body or the local school
2924  board for the jurisdiction where the referendum petition was circulated.
2925     (6)(a) If the short title or summary provided by the local attorney is unsatisfactory or
2926  does not comply with the requirements of this section, the decision of the local
2927  attorney may be appealed to the appropriate court by:
2928  (i) at least three sponsors of the referendum petition; or
2929  (ii) a majority of the local legislative body or the local school board for the
2930  jurisdiction where the referendum petition was circulated.
2931  (b) The court shall:
2932  (i) [shall ]examine the short title and summary and consider the arguments; and
2933  (ii) enter an order consistent with the requirements of this section.
2934  (c) The local clerk shall include the short title and summary in the ballot or ballot
2935  proposition insert, as required by this section.
2936  Section 21. Section 20A-7-609 is amended to read:
2937  20A-7-609 . Form of ballot -- Manner of voting.
2938     (1) The local clerk shall ensure that the number and ballot title are presented upon the
2939  official ballot with, immediately adjacent to them, the words "For" and "Against," each
2940  word presented with an adjacent square in which the elector may indicate the elector's
2941  vote.
2942     (2)(a) Except as provided in Subsection [(2)(c)(i)] (2)(d)(i), and unless the county
2943  legislative body calls a special election, the county clerk shall ensure that [county
2944  referenda that have] a county referendum that has qualified for the ballot [appear]
2945  appears on the next regular general election ballot.
2946  (b) Except as provided in Subsection [(2)(c)(ii)] (2)(d)(ii), and unless the municipal
2947  legislative body calls a special election, the municipal recorder or town clerk shall
2948  ensure that [municipal referenda that have] a municipal referendum that has qualified
2949  for the ballot [appear] appears on the next regular municipal election ballot.
2950  (c) Except as provided in Subsection (2)(d)(iii), and unless the local school board calls a
2951  special election, the county clerk shall ensure that a school district referendum that
2952  has qualified for the ballot appears on the next regular general election ballot.
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
2953  [(c)] (d)[(i)] Except as provided in Section 20A-7-609.5 or Section 20A-7-613:
2954  (i) [If] if a local law passes after January 30 of the year in which there is a regular
2955  general election, the county clerk shall ensure that a county referendum that has
2956  qualified for the ballot appears on the ballot at the second regular general election
2957  immediately following the passage of the local law unless the county legislative
2958  body calls a special election[.] ;
2959  (ii) [If ] if a local law passes after January 30 of the year in which there is a municipal
2960  general election, the municipal recorder or town clerk shall ensure that a
2961  municipal referendum that has qualified for the ballot appears on the ballot at the
2962  second municipal general election immediately following the passage of the local
2963  law unless the municipal legislative body calls a special election[.] ; and
2964  (iii) if a local law or local school tax law passes after January 30 of the year in which
2965  there is a regular general election, the county clerk shall ensure that a school
2966  district referendum that has qualified for the ballot appears on the ballot at the
2967  second regular general election immediately following passage of the local law or
2968  local school tax law unless the local school board calls a special election.
2969     (3)(a)(i) A voter desiring to vote in favor of the law that is the subject of the
2970  referendum shall mark the square adjacent to the word "For."
2971  (ii) The law that is the subject of the referendum is effective if a majority of voters
2972  mark "For."
2973  (b)(i) A voter desiring to vote against the law that is the subject of the referendum
2974  shall mark the square following the word "Against."
2975  (ii) The law that is the subject of the referendum is not effective if a majority of
2976  voters mark "Against."
2977  Section 22. Section 20A-7-609.5 is amended to read:
2978  20A-7-609.5 . Election on referendum challenging local tax law or local school
2979     tax law conducted entirely by mail.
2980     (1) An election officer may administer an election on a referendum challenging a local tax
2981  law or a local school tax law entirely by mail.
2982     (2) For purposes of an election conducted under this section, the election officer shall:
2983  (a) designate as the election day the first business day that is at least 30 calendar days
2984  after the day on which the election officer complies with Subsection (2)(b); and
2985  (b) subject to Subsection (6), within 30 calendar days after the day on which the
2986  referendum described in Subsection (1) qualifies for the ballot, mail to each
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
2987  registered voter within the voting precincts or school district to which the local tax
2988  law or the local school tax law applies:
2989  (i) a manual ballot;
2990  (ii) a statement that there will be no polling place for the election;
2991  (iii) a statement specifying the election day described in Subsection (2)(a);
2992  (iv) a return envelope;
2993  (v) instructions for returning the ballot that include an express notice about any
2994  relevant deadlines that the voter must meet in order for the voter's vote to be
2995  counted;
2996  (vi) a warning, on a separate page of colored paper in boldface print, indicating that if
2997  the voter fails to follow the instructions included with the manual ballot, the voter
2998  will be unable to vote in that election because there will be no polling place for the
2999  election; and
3000  (vii)(A) a copy of the proposition information pamphlet relating to the referendum
3001  if a proposition information pamphlet relating to the referendum was published
3002  under Section 20A-7-401.5; or
3003  (B) a website address where an individual may view a copy of the proposition
3004  information pamphlet described in Subsection (2)(b)(vii)(A).
3005     (3) An election officer who administers an election under this section shall:
3006  (a)(i) obtain, in person, the signatures of each voter within that voting precinct or
3007  school district before the election; or
3008  (ii) obtain the signature of each voter within the voting precinct or school district
3009  from the county clerk; and
3010  (b) maintain the signatures on file in the election officer's office.
3011     (4)(a) Upon receiving a returned manual ballot under this section, the election officer
3012  shall compare the signature on each return envelope with the voter's signature that is
3013  maintained on file and verify that the signatures are the same.
3014  (b) If the election officer questions the authenticity of the signature on the return
3015  envelope, the election officer shall immediately contact the voter to verify the
3016  signature.
3017  (c) If there is not a signature on the return envelope or if the election officer determines
3018  that the signature on the return envelope does not match the voter's signature that is
3019  maintained on file, the election officer shall:
3020  (i) disqualify the ballot; and
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
3021  (ii) notify the voter of the disqualification and the reason for the disqualification.
3022     (5) The following provisions do not apply to an election described in this section:
3023  (a) Section 20A-3a-201;
3024  (b) Subsection 20A-3a-202(2)(a)(iv);
3025  (c) Section 20A-3a-203;
3026  (d) Section 20A-3a-601;
3027  (e) Section 20A-3a-603;
3028  (f) Section 20A-3a-702;
3029  (g) Section 20A-5-403; or
3030  (h) Subsection 20A-7-609(2).
3031     (6) Notwithstanding Section 20A-3a-202.5, for an election described in this section, the
3032  election officer shall send a ballot by mail to all registered voters in the jurisdiction.
3033  Section 23. Section 20A-7-610 is amended to read:
3034  20A-7-610 . Return and canvass -- Conflicting measures -- Law effective on
3035     proclamation.
3036     (1) The votes on the law that is the subject of the referendum petition shall be counted,
3037  canvassed, and delivered as provided in Chapter 4, Part 3, Canvassing Returns.
3038     (2) After the local board of canvassers completes the canvass, the local clerk shall certify to
3039  the local legislative body or the local school board the vote for and against the law that
3040  is the subject of the referendum petition.
3041     (3)(a) The local legislative body or the local school board shall immediately issue a
3042  proclamation that:
3043  (i) gives the total number of votes cast in the local jurisdiction for and against each
3044  law that is the subject of a referendum petition; and
3045  (ii) in accordance with Section 20A-7-611, declares those laws that are the subject of
3046  a referendum petition that are approved by majority vote to be in full force and
3047  effect as the law of the local jurisdiction.
3048  (b) When the local legislative body or the local school board determines that two laws,
3049  or that parts of two laws approved by the people at the same election are entirely in
3050  conflict, the local legislative body shall proclaim to be law the law that received the
3051  greatest number of affirmative votes, regardless of the difference in the majorities
3052  which those approved laws received.
3053     (4)(a) Within 10 days after the day on which the local legislative body or the local
3054  school board issues the proclamation described in Subsection (3), any qualified voter
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
3055  residing in the jurisdiction for a law that is declared by the local legislative body to
3056  be superseded by another law approved at the same election may bring an action in
3057  the appropriate court to review the decision.
3058  (b) The court shall:
3059  (i) consider the matter and decide whether the approved laws are entirely in conflict;
3060  and
3061  (ii) issue an order, consistent with the court's decision, to the local legislative body or
3062  the local school board.
3063     (5) Within 10 calendar days after the day on which the court enters an order under
3064  Subsection (4)(b)(ii), the local legislative body or the local school board shall:
3065  (a) proclaim as law all those laws approved by the people that the court determines are
3066  not in conflict; and
3067  (b) of all those laws approved by the people as law that the court determines to be in
3068  conflict, proclaim as law the one that receives the greatest number of affirmative
3069  votes, regardless of the difference in majorities.
3070  Section 24. Section 20A-7-611 is amended to read:
3071  20A-7-611 . Temporary stay -- Effective date -- Effect of repeal by local
3072     legislative body.
3073     (1) Any law submitted to the people by referendum petition that is rejected by the voters at
3074  any election is repealed as of the date of the election.
3075     (2) If, at the time during the process described in Subsection 20A-7-607(2), the local clerk
3076  determines that, at that point in time, an adequate number of signatures are certified to
3077  comply with the signature requirements, the local clerk shall:
3078  (a) issue an order temporarily staying the law from going into effect; and
3079  (b) continue the process of certifying signatures and removing signatures as required by
3080  this part.
3081     (3) The temporary stay described in Subsection (2)(a) remains in effect, regardless of
3082  whether a future count falls below the signature threshold, until:
3083  (a) if the local clerk declares the referendum petition insufficient, five calendar days
3084  after the day on which the local clerk declares the referendum petition insufficient; or
3085  (b) if the local clerk declares the referendum petition sufficient, the day on which the
3086  local legislative body issues the proclamation described in Section 20A-7-610.
3087     (4) A law submitted to the people by referendum that is approved by the voters at an
3088  election takes effect the later of:
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
3089  (a) five calendar days after the date of the official proclamation of the vote by the local
3090  legislative body; or
3091  (b) the effective date specified in the approved law.
3092     (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the local
3093  clerk declares the referendum petition insufficient, the law that is the subject of the
3094  referendum petition takes effect the later of:
3095  (a) five calendar days after the day on which the local clerk declares the petition
3096  insufficient; or
3097  (b) the effective date specified in the proposed law.
3098     (6)(a) A law approved by the people under this part is not subject to veto.
3099  (b) The local legislative body or the local school board may amend any laws approved
3100  by the people under this part after the people approve the law.
3101     (7) If the local legislative body or the local school board repeals a law challenged by
3102  referendum petition under this part, the referendum petition is void and no further action
3103  on the referendum petition is required.
3104  Section 25. Section 20A-7-613 is amended to read:
3105  20A-7-613 . Property tax referendum petition.
3106     (1) As used in this section[,] :
3107  (a) "[certified] Certified tax rate" means the same as that term is defined in Section
3108  59-2-924.
3109  (b) "Taxing entity" means a county, city, town, or school district with the authority to
3110  levy a tax on property.
3111     (2) Except as provided in this section, the requirements of this part apply to a referendum
3112  petition challenging a taxing entity's legislative body's vote to impose a tax rate that
3113  exceeds the certified tax rate.
3114     (3)(a) Notwithstanding Subsection 20A-7-105(5)(a)(iv), and subject to Subsection (3)(b),
3115  the sponsors or an agent of the sponsors shall deliver a signed and verified
3116  referendum packet to the county clerk of the county in which the packet was
3117  circulated before 5 p.m. no later than the earlier of:
3118  (i) the first business day that is at least 30 calendar days after the day on which the
3119  first individual signs the packet; or
3120  (ii) the first business day that is at least 40 calendar days after the day on which the
3121  local clerk complies with Subsection 20A-7-604(3).
3122  (b) For a county where the county clerk's office is closed on a business day, if the
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
3123  deadline described in Subsection (3)(a) is on that business day, the deadline is
3124  extended until 5 p.m. the next day that the office is open.
3125     (4) Notwithstanding Subsections 20A-7-105(6)(a) and (9), the county clerk shall take the
3126  actions required in Subsections 20A-7-105(6)(a) and (9) within 10 business days after
3127  the day on which the county clerk receives the signed and verified referendum packet as
3128  described in Subsection (3).
3129     (5) The local clerk shall take the actions required by Section 20A-7-607 within two
3130  business days after:
3131  (a) in relation to the manual referendum process, the day on which the local clerk
3132  receives the referendum packets from the county clerk; or
3133  (b) in relation to the electronic referendum process, the deadline described in Subsection
3134  20A-7-616(2).
3135     (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the ballot
3136  title within two business days after the day on which the referendum petition is declared
3137  sufficient for submission to a vote of the people.
3138     (7) Notwithstanding Subsection [20A-7-609(2)(c)] 20A-7-609(2)(d), a referendum that
3139  qualifies for the ballot under this section shall appear on the ballot for the earlier of the
3140  next regular general election or the next municipal general election unless a special
3141  election is called.
3142     (8) The election officer shall mail manual ballots on a referendum under this section the
3143  later of:
3144  (a) the time provided in Section 20A-3a-202 or 20A-16-403; or
3145  (b) the time that ballots are prepared for mailing under this section.
3146     (9) Section 20A-7-402 does not apply to a referendum described in this section.
3147     (10)(a) If a majority of voters does not vote against imposing the tax at a rate calculated
3148  to generate the increased revenue budgeted, adopted, and approved by the taxing
3149  entity's legislative body:
3150  (i) the certified tax rate for the fiscal year during which the referendum petition is
3151  filed is its most recent certified tax rate; and
3152  (ii) the proposed increased revenues for purposes of establishing the certified tax rate
3153  for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the
3154  proposed increased revenues budgeted, adopted, and approved by the taxing
3155  entity's legislative body before the filing of the referendum petition.
3156  (b) If a majority of voters votes against imposing a tax at the rate established by the vote
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
3157  of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
3158  taxing entity's most recent certified tax rate.
3159  (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
3160  required to comply with the notice and public hearing requirements of Section
3161  59-2-919 if the taxing entity complies with those notice and public hearing
3162  requirements before the referendum petition is filed.
3163     (11) The ballot title shall, at a minimum, include in substantially this form the following:
3164  "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
3165  sufficient to generate an increased property tax revenue of [amount] for fiscal year [year]
3166  as budgeted, adopted, and approved by the [name of the taxing entity]."[.]
3167     (12) A taxing entity shall pay the county the costs incurred by the county that are directly
3168  related to meeting the requirements of this section and that the county would not have
3169  incurred but for compliance with this section.
3170     (13)(a) An election officer shall include on a ballot a referendum that has not yet
3171  qualified for placement on the ballot, if:
3172  (i) sponsors file an application for a referendum described in this section;
3173  (ii) the ballot will be used for the election for which the sponsors are attempting to
3174  qualify the referendum; and
3175  (iii) the deadline for qualifying the referendum for placement on the ballot occurs
3176  after the day on which the ballot will be printed.
3177  (b) If an election officer includes on a ballot a referendum described in Subsection
3178  (13)(a), the ballot title shall comply with Subsection (11).
3179  (c) If an election officer includes on a ballot a referendum described in Subsection
3180  (13)(a) that does not qualify for placement on the ballot, the election officer shall
3181  inform the voters by any practicable method that the referendum has not qualified for
3182  the ballot and that votes cast in relation to the referendum will not be counted.
3183  Section 26. Section 20A-7-614 is amended to read:
3184  20A-7-614 . Electronic referendum process -- Form of referendum petition --
3185     Circulation requirements -- Signature collection.
3186     (1) This section applies only to the electronic referendum process.
3187     (2)(a) The first screen presented on the approved device shall include the following statement:
3188  "This REFERENDUM PETITION is addressed to the Honorable ____, County
3189  Clerk/City Recorder/Town Clerk:
3190  The citizens of Utah who sign this petition respectfully order that (description of the
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
3191  local law or local school tax law, or portion of the local law or local school tax law being
3192  challenged), passed by the ____ be referred to the voters for their approval or rejection at the
3193  regular/municipal general election to be held on __________(month\day\year)."
3194  (b) An individual may not advance to the second screen until the individual clicks a link
3195  at the bottom of the first screen stating, "By clicking here, I attest that I have read and
3196  understand the information presented on this screen."
3197     (3)(a) The second screen presented on the approved device shall include the entire text
3198  of the law that is the subject of the referendum petition.
3199  (b) An individual may not advance to the third screen until the individual clicks a link at
3200  the bottom of the second screen stating, "By clicking here, I attest that I have read
3201  and understand the entire text of the law that is the subject of the referendum
3202  petition."
3203     (4)(a) The third screen presented on the approved device shall include a statement
3204  indicating whether persons gathering signatures for the referendum petition may be
3205  paid for gathering signatures.
3206  (b) An individual may not advance to the fourth screen until the individual clicks a link
3207  at the bottom of the third screen stating, "By clicking here, I attest that I have read
3208  and understand the information presented on this screen."
3209     (5) The fourth screen presented on the approved device shall include the following statement,
3210  followed by links where the individual may click "yes" or "no":
3211  "I have personally read the entirety of each statement presented on this device;
3212  I am personally signing this referendum petition;
3213  I am registered to vote in Utah; and
3214  All information I enter on this device, including my residence and post office address, is
3215  accurate.
3216  It is a class A misdemeanor for an individual to sign a referendum petition with a name
3217  other than the individual's own name, or to knowingly sign the individual's name more than
3218  once for the same referendum petition, or to sign a referendum petition when the individual
3219  knows that the individual is not a registered voter.
3220  Do you wish to continue and sign this referendum petition?"
3221     (6)(a) If the individual clicks "no" in response to the question described in Subsection (5),
3222  the next screen shall include the following statement, "Thank you for your time.
3223  Please return this device to the signature-gatherer."
3224  (b) If the individual clicks "yes" in response to the question described in Subsection (5),
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
3225  the website, or the application that accesses the website, shall take the
3226  signature-gatherer and the individual signing the referendum petition through the
3227  signature process described in Section 20A-21-201.
3228  Section 27. Section 63G-30-102 is amended to read:
3229  63G-30-102 . Public notice classifications and requirements.
3230     (1) A public body or a government official that is required to provide a class A notice:
3231  (a) shall publish the public notice on the Utah Public Notice Website;
3232  (b) shall publish the public notice on the public body's or government official's official
3233  website, if the public body or government official:
3234  (i) maintains an official website; and
3235  (ii) has an annual operating budget of $250,000 or more; and
3236  (c) except as provided in Subsection (4), and subject to Subsection (5), post the public
3237  notice in connection with the affected area as follows:
3238  (i) if the affected area is a municipality with a population of less than 2,000, in a
3239  public location in or near the affected area that is reasonably likely to be seen by
3240  residents of the affected area;
3241  (ii) if the affected area is a proposed municipality with a population of less than
3242  2,000, in a public location in or near the affected area that is reasonably likely to
3243  be seen by residents of the affected area;
3244  (iii) if the affected area is an area other than an area described in Subsections (1)(c)(i),
3245  (1)(c)(ii), or (1)(c)(iv) through (viii), in a public location in or near the affected
3246  area that is reasonably likely to be seen by:
3247  (A) residents of the affected area; or
3248  (B) if there are no residents within the affected area, individuals who pass through
3249  or near the affected area;
3250  (iv) if the affected area is a county, in a public location within the county that is
3251  reasonably likely to be seen by residents of the county;
3252  (v) if the affected area is a municipality with a population of 2,000 or more, or a
3253  proposed municipality with a population of 2,000 or more, in a public location
3254  within the municipality or proposed municipality that is reasonably likely to be
3255  seen by residents of the municipality or proposed municipality;
3256  (vi) if the affected area is a public street, on or adjacent to the public street;
3257  (vii) if the affected area is an easement:
3258  (A) on or adjacent to the easement; or
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       02-09 14:45  2nd Sub. (Gray) H.B. 170
3259  (B) in a public location that is reasonably likely to be seen by persons who are
3260  likely to be impacted by the easement;[ or]
3261  (viii) if the affected area is an interlocal entity, within, or as applicable near, each
3262  jurisdiction that is part of the interlocal entity, in accordance with the provisions
3263  of this Subsection (1) that apply to that jurisdiction[.] ; or
3264  (ix) if the affected area is a school district, in a public location within the school
3265  district that is reasonably likely to be seen by residents of the school district.
3266     (2) Subject to Subsection (5), a public body or a government official that is required to
3267  provide a class B notice shall:
3268  (a) comply with the requirements described in Subsection (1) for a class A notice;
3269  (b) if a statute, county ordinance, or municipal ordinance requires that the notice be
3270  provided for a designated geographic area, mail or otherwise deliver the public notice
3271  or a notice summary statement to each residence within, and, in accordance with
3272  Subsection (3), to each owner of real property located within, the designated
3273  geographic area; and
3274  (c) if a statute, county ordinance, or municipal ordinance requires that the notice be
3275  provided to one or more designated persons or real property owners, mail or
3276  otherwise deliver the public notice or a notice summary statement, in accordance
3277  with Subsection (3), to each designated person and real property owner.
3278     (3) When providing notice to a real property owner under Subsection (2)(b) or (c), the
3279  public body or government official shall:
3280  (a) use the current residential or business address of the real property owner;
3281  (b) if the public body or government official is not reasonably able to obtain the address
3282  described in Subsection (3)(a), use the last known address of the real property owner
3283  that the public body or government official is able to obtain via a reasonable inquiry
3284  into public records; or
3285  (c) if the public body or government official is not reasonably able to obtain an address
3286  described in Subsection (3)(a) or (b), post the notice on the real property.
3287     (4) A government official, a public body, or any other body that is required to post notice
3288  under Subsection (1) is not required to comply with Subsection (1)(c) if:
3289  (a) the affected area is the state;
3290  (b) the body is a specified body, as defined in Section 52-4-103;
3291  (c) the public body is the Legislature or a public body within the state legislative branch;
3292  or
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       2nd Sub. (Gray) H.B. 170  02-09 14:45
3293  (d) the government official is required to post the notice on behalf of a body described in
3294  Subsection (4)(b) or (c).
3295     (5) If a statute, ordinance, or rule requires a public body or government official to provide
3296  notice for a period of time:
3297  (a) in relation to posting the notice on the Utah Public Notice Website, the requirement
3298  is not violated due to temporary technological issues that interrupt the posting, unless
3299  the posting is interrupted for more than 25% of the required posting time;
3300  (b) in relation to posting the notice in a physical location, the requirement is fulfilled if:
3301  (i) the notice is posted at or, except to the extent prohibited by law, before the
3302  beginning of the period of time;
3303  (ii) the public body or government official does not remove the posting before the
3304  end of the period of time; and
3305  (iii) until the end of the period of time, the public body or government official:
3306  (A) periodically verifies that the notice remains in place; and
3307  (B) replaces the notice within a reasonable time after discovering that the notice
3308  has been removed or damaged; and
3309  (c) in relation to mailing, sending, or otherwise delivering notice to a person, the mailing
3310  is made at or, except to the extent prohibited by law, before, the beginning of the
3311  period of time.
3312  Section 28. Effective Date.
3313     This bill takes effect on May 6, 2026.
3314  Section 29. Coordinating H.B. 170 with H.B. 32.
3315     If H.B. 170, School Board Referendum Amendments, and H.B. 32, Signature Gathering
3316     and Verification Amendments, both pass and become law, the Legislature intends that, on May
3317     6, 2026, Subsection 20A-7-603(5)(a), enacted in H.B. 32, be amended to read:
3318     "(a) the following statement in 12-point, bold type:
3319     "This referendum petition seeks to have (description of the local law or local school tax
3320     law, or portion of local law or local school tax law being challenged), passed by the ____ be
3321     referred to the voters for their approval or rejection at the regular/municipal general election to
3322     be held on __________(month\day\year)."; and".
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