Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 415 First Substitute (2017GS)

Sponsor

Rep. Westwood, J.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• reorders the requirements that individuals must meet to file a town incorporation petition;
• requires the sponsors of a town incorporation petition to:
• file an application with the lieutenant governor; and
• conduct a public hearing before collecting signatures for the petition;
• requires that at least 50% of the voting-eligible population within a proposed town be registered voters;
• expands a provision to allow certain property owners to remove property from a proposed town incorporation;
• creates standards and a process by which the lieutenant governor may reject a town incorporation petition;
• modifies requirements related to the selection of a feasibility consultant;
• provides repeal dates for certain provisions that this bill makes obsolete; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INCORPORATION FILING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John R. Westwood
Senate Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill relates to the process by which a town is incorporated.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ reorders the requirements that individuals must meet to file a town incorporation
petition;
▸ requires the sponsors of a town incorporation petition to:
• file an application with the lieutenant governor; and
• conduct a public hearing before collecting signatures for the petition;
▸ requires that at least 50% of the voting-eligible population within a proposed town
be registered voters;
▸ expands a provision to allow certain property owners to remove property from a
proposed town incorporation;
▸ creates standards and a process by which the lieutenant governor may reject a town
incorporation petition;
▸ modifies requirements related to the selection of a feasibility consultant;
▸ provides repeal dates for certain provisions that this bill makes obsolete; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-2-403
, as last amended by Laws of Utah 2015, Chapter 352
10-2a-106
, as enacted by Laws of Utah 2015, Chapter 157 and further amended by
Revisor Instructions, Laws of Utah 2015, Chapters 157 and last amended by
Coordination Clause, Laws of Utah 2015, Chapter 352
10-2a-302
, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
amended by Laws of Utah 2015, Chapter 352
10-2a-303
, as last amended by Laws of Utah 2015, Chapter 157 and renumbered and
amended by Laws of Utah 2015, Chapter 352
10-2a-304
, as last amended by Laws of Utah 2015, Chapters 96, 111, 157 and
renumbered and amended by Laws of Utah 2015, Chapter 352 and last amended by
Coordination Clause, Laws of Utah 2015, Chapter 352
20A-11-101
, as last amended by Laws of Utah 2016, Chapter 95
63I-2-210
, as last amended by Laws of Utah 2016, Chapter 14
63I-2-220
, as last amended by Laws of Utah 2016, Chapters 28 and 348
ENACTS:
10-2a-302.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-2-403
 is amended to read:
10-2-403.
Annexation petition -- Requirements -- Notice required before filing.
(1) Except as provided in Section 
10-2-418
, the process to annex an unincorporated
area to a municipality is initiated by a petition as provided in this section.
(2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposed
annexation of an area located in a county of the first class, the person or persons intending to
file a petition shall:
(A) file with the city recorder or town clerk of the proposed annexing municipality a
notice of intent to file a petition; and
(B) send a copy of the notice of intent to each affected entity.
(ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
area that is proposed to be annexed.
(b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
annexed is located shall:
(A) mail the notice described in Subsection (2)(b)(iii) to:
(I) each owner of real property located within the area proposed to be annexed; and
(II) each owner of real property located within 300 feet of the area proposed to be
annexed; and
(B) send to the proposed annexing municipality a copy of the notice and a certificate
indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
(ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
days after receiving from the person or persons who filed the notice of intent:
(A) a written request to mail the required notice; and
(B) payment of an amount equal to the county's expected actual cost of mailing the
notice.
(iii) Each notice required under Subsection (2)(b)(i)(A) shall:
(A) be in writing;
(B) state, in bold and conspicuous terms, substantially the following:
"Attention: Your property may be affected by a proposed annexation.
Records show that you own property within an area that is intended to be included in a
proposed annexation to (state the name of the proposed annexing municipality) or that is within
300 feet of that area. If your property is within the area proposed for annexation, you may be
asked to sign a petition supporting the annexation. You may choose whether or not to sign the
petition. By signing the petition, you indicate your support of the proposed annexation. If you
sign the petition but later change your mind about supporting the annexation, you may
withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
of (state the name of the proposed annexing municipality) within 30 days after (state the name
of the proposed annexing municipality) receives notice that the petition has been certified.
There will be no public election on the proposed annexation because Utah law does not
provide for an annexation to be approved by voters at a public election. Signing or not signing
the annexation petition is the method under Utah law for the owners of property within the area
proposed for annexation to demonstrate their support of or opposition to the proposed
annexation.
You may obtain more information on the proposed annexation by contacting (state the
name, mailing address, telephone number, and email address of the official or employee of the
proposed annexing municipality designated to respond to questions about the proposed
annexation), (state the name, mailing address, telephone number, and email address of the
county official or employee designated to respond to questions about the proposed annexation),
or (state the name, mailing address, telephone number, and email address of the person who
filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
notice of intent, one of those persons). Once filed, the annexation petition will be available for
inspection and copying at the office of (state the name of the proposed annexing municipality)
located at (state the address of the municipal offices of the proposed annexing municipality).";
and
(C) be accompanied by an accurate map identifying the area proposed for annexation.
(iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
other information or materials related or unrelated to the proposed annexation.
(c) (i) After receiving the certificate from the county as provided in Subsection
(2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
the annexation proposed in the notice of intent.
(ii) An annexation petition provided by the proposed annexing municipality may be
duplicated for circulation for signatures.
(3) Each petition under Subsection (1) shall:
(a) be filed with the city recorder or town clerk, as the case may be, of the proposed
annexing municipality;
(b) contain the signatures of, if all the real property within the area proposed for
annexation is owned by a public entity other than the federal government, the owners of all the
publicly owned real property, or the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
within the area proposed for annexation;
(B) covers 100% of rural real property as that term is defined in Section 
17B-2a-1107
within the area proposed for annexation; and
(C) covers 100% of the private land area within the area proposed for annexation, if the
area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture and
Industrial Protection Areas, or a migratory bird production area created under Title 23, Chapter
28, Migratory Bird Production Area; and
(iii) is equal in value to at least 1/3 of the value of all private real property within the
area proposed for annexation;
(c) be accompanied by:
(i) an accurate and recordable map, prepared by a licensed surveyor, of the area
proposed for annexation; and
(ii) a copy of the notice sent to affected entities as required under Subsection
(2)(a)(i)(B) and a list of the affected entities to which notice was sent;
(d) if the area proposed to be annexed is located in a county of the first class, contain
on each signature page a notice in bold and conspicuous terms that states substantially the
following:
"Notice:
• There will be no public election on the annexation proposed by this petition because
Utah law does not provide for an annexation to be approved by voters at a public election.
• If you sign this petition and later decide that you do not support the petition, you may
withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
of (state the name of the proposed annexing municipality). If you choose to withdraw your
signature, you shall do so no later than 30 days after (state the name of the proposed annexing
municipality) receives notice that the petition has been certified.";
(e) if the petition proposes the annexation of an area located in a county that is not the
county in which the proposed annexing municipality is located, be accompanied by a copy of
the resolution, required under Subsection 
10-2-402
(6), of the legislative body of the county in
which the area is located; and
(f) designate up to five of the signers of the petition as sponsors, one of whom shall be
designated as the contact sponsor, and indicate the mailing address of each sponsor.
(4) A petition under Subsection (1) may not propose the annexation of all or part of an
area proposed for annexation to a municipality in a previously filed petition that has not been
denied, rejected, or granted.
(5) A petition under Subsection (1) proposing the annexation of an area located in a
county of the first class may not propose the annexation of an area that includes some or all of
an area proposed to be incorporated in a request for a feasibility study under Section 
10-2a-202
or a petition under Section 
10-2a-302
or 
10-2a-302.5
 if:
(a) the request or petition was filed before the filing of the annexation petition; and
(b) the request, a petition under Section 
10-2a-208
 based on that request, or a petition
under Section 
10-2a-302
or 
10-2a-302.5
 is still pending on the date the annexation petition is
filed.
(6) If practicable and feasible, the boundaries of an area proposed for annexation shall
be drawn:
(a) along the boundaries of existing local districts and special service districts for
sewer, water, and other services, along the boundaries of school districts whose boundaries
follow city boundaries or school districts adjacent to school districts whose boundaries follow
city boundaries, and along the boundaries of other taxing entities;
(b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
services;
(c) to facilitate the consolidation of overlapping functions of local government;
(d) to promote the efficient delivery of services; and
(e) to encourage the equitable distribution of community resources and obligations.
(7) On the date of filing, the petition sponsors shall deliver or mail a copy of the
petition to the clerk of the county in which the area proposed for annexation is located.
(8) A property owner who signs an annexation petition proposing to annex an area
located in a county of the first class may withdraw the owner's signature by filing a written
withdrawal, signed by the property owner, with the city recorder or town clerk no later than 30
days after the municipal legislative body's receipt of the notice of certification under
Subsection 
10-2-405
(2)(c)(i).
Section 2. Section 
10-2a-106
 is amended to read:
10-2a-106.
Feasibility study or petition to incorporate filed before May 12, 2015.
(1) If a request for a feasibility study to incorporate a city is filed under Section
10-2a-202
 before May 12, 2015, the request and a subsequent feasibility study, petition, public
hearing, election, and any other city incorporation action applicable to that request shall be
filed with and be acted upon, held, processed, or paid for by the county legislative body or
county clerk, as applicable, as designated, directed, or authorized before Laws of Utah 2015,
Chapter 157, takes effect.
(2) If a petition to incorporate a town is filed under Section 
10-2a-302
or 
10-2a-302.5
before May 12, 2015, the petition and a subsequent feasibility study, petition, public hearing,
election, and any other town incorporation action applicable to that petition to incorporate shall
be filed with and be acted upon, held, processed, or paid for by the county legislative body or
county clerk, as applicable, as designated, directed, or authorized before Laws of Utah 2015,
Chapter 157, takes effect.
Section 3. Section 
10-2a-302
 is amended to read:
10-2a-302.
Incorporation of a town -- Petition.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the
land would be assessed without regard to a valuation for agricultural use under Section
59-2-503
.
(b) "Feasibility consultant" means a person or firm:
(i) with expertise in the processes and economics of local government; and
(ii) who is independent of and not affiliated with a county or sponsor of a petition to
incorporate.
(c) "Financial feasibility study" means a study described in Subsection (7).
(d) "Municipal service" means a publicly provided service that is not provided on a
countywide basis.
(e) "Nonurban" means having a residential density of less than one unit per acre.
(2) (a) 
This section applies to individuals who seek to initiate the process of
incorporating a town before May 9, 2017.
(b)
 (i) A contiguous area of a county not within a municipality, with a population of at
least 100 but less than 1,000, may incorporate as a town as provided in this section.
(ii) An area within a county of the first class is not contiguous for purposes of
Subsection (2)[
(a)
]
(b)
(i) if:
(A) the area includes a strip of land that connects geographically separate areas; and
(B) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
[
(b)
] 
(c)
 The population figure under Subsection (2)[
(a)
]
(b)
 shall be determined:
(i) as of the date the incorporation petition is filed; and
(ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
certification under Subsection (6) of a petition filed under Subsection (4).
(3) (a) [
The
] 
Individuals may initiate the
 process to incorporate an area as a town [
is
initiated by filing a
] 
by circulating a
 petition to incorporate the area as a town
.
(b) The individuals must file the petition
 with the Office of the Lieutenant Governor 
no
later than January 2, 2018 for the petition to be valid
.
[
(b)
] 
(c)
 A petition under Subsection (3)[
(a)
]
(b)
 shall:
(i) be signed by:
(A) the owners of private real property that:
(I) is located within the area proposed to be incorporated; and
(II) is equal in assessed value to more than 1/5 of the assessed value of all private real
property within the area; and
(B) 1/5 of all registered voters within the area proposed to be incorporated as a town,
according to the official voter registration list maintained by the county on the date the petition
is filed;
(ii) designate as sponsors at least five of the property owners who have signed the
petition, one of whom shall be designated as the contact sponsor, with the mailing address of
each owner signing as a sponsor;
(iii) be accompanied by and circulated with an accurate map or plat, prepared by a
licensed surveyor, showing a legal description of the boundary of the proposed town; and
(iv) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable Lieutenant Governor:
We, the undersigned owners of real property and registered voters within the area
described in this petition, respectfully petition the lieutenant governor to direct the county
legislative body to submit to the registered voters residing within the area described in this
petition, at the next regular general election, the question of whether the area should
incorporate as a town. Each of the undersigned affirms that each has personally signed this
petition and is an owner of real property or a registered voter residing within the described area,
and that the current residence address of each is correctly written after the signer's name. The
area proposed to be incorporated as a town is described as follows: (insert an accurate
description of the area proposed to be incorporated).
[
(c)
] 
(d)
 A petition under this Subsection (3) may not describe an area that includes
some or all of an area proposed for annexation in an annexation petition under Section
10-2-403
 that:
(i) was filed before the filing of the petition; and
(ii) is still pending on the date the petition is filed.
[
(d)
] 
(e)
 A petition may not be filed under this section if the private real property
owned by the petition sponsors, designated under Subsection (3)[
(b)
]
(c)
(ii), cumulatively
exceeds 40% of the total private land area within the area proposed to be incorporated as a
town.
[
(e)
] 
(f)
 A signer of a petition under this Subsection (3) may withdraw or, after
withdrawn, reinstate the signer's signature on the petition:
(i) at any time until the lieutenant governor certifies the petition under Subsection (5);
and
(ii) by filing a signed, written withdrawal or reinstatement with the lieutenant governor.
(4) (a) If a petition is filed under Subsection (3)[
(a)
]
(b)
 proposing to incorporate as a
town an area located within a county of the first class, the lieutenant governor shall deliver
written notice of the proposed incorporation:
(i) to each owner of private real property owning more than 1% of the assessed value
of all private real property within the area proposed to be incorporated as a town; and
(ii) within seven calendar days after the date on which the petition is filed.
(b) A private real property owner described in Subsection (4)(a)(i) may exclude all or
part of the owner's property from the area proposed to be incorporated as a town by filing a
notice of exclusion:
(i) with the lieutenant governor; and
(ii) within 10 calendar days after receiving the clerk's notice under Subsection (4)(a).
(c) The lieutenant governor shall exclude from the area proposed to be incorporated as
a town the property identified in the notice of exclusion under Subsection (4)(b) if:
(i) the property:
(A) is nonurban; and
(B) does not and will not require a municipal service; and
(ii) exclusion will not leave an unincorporated island within the proposed town.
(d) If the lieutenant governor excludes property from the area proposed to be
incorporated as a town, the lieutenant governor shall send written notice of the exclusion to the
contact sponsor within five days after the exclusion.
(5) No later than 20 days after the filing of a petition under Subsection (3), the
lieutenant governor shall:
(a) with the assistance of other county officers of the county in which the incorporation
is proposed from whom the lieutenant governor requests assistance, determine whether the
petition complies with the requirements of Subsection (3); and
(b) (i) if the lieutenant governor determines that the petition complies with those
requirements:
(A) certify the petition; and
(B) mail or deliver written notification of the certification to:
(I) the contact sponsor; and
(II) the Utah Population Estimates Committee; or
(ii) if the lieutenant governor determines that the petition fails to comply with any of
those requirements, reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(6) (a) (i) A petition that is rejected under Subsection (5)(b)(ii) may be amended to
correct a deficiency for which it was rejected and then refiled with the lieutenant governor.
(ii) A valid signature on a petition filed under Subsection (3)[
(a)
]
(b)
 may be used
toward fulfilling the signature requirement of Subsection (3)[
(b)
]
(c)
 for the same petition that
is amended under Subsection (6)(a)(i) and then refiled with the lieutenant governor.
(b) If a petition is amended and refiled under Subsection (6)(a)(i) after having been
rejected by the lieutenant governor under Subsection (5)(b)(ii):
(i) the amended petition shall be considered as a newly filed petition; and
(ii) the amended petition's processing priority is determined by the date on which it is
refiled.
(7) (a) (i) If a petition is filed under Subsection (4) and certified under Subsection [
(6)
]
(5)
, the lieutenant governor shall commission and pay for a financial feasibility study.
(ii) The feasibility consultant shall be chosen:
(A) (I) by the contact sponsor of the incorporation petition, as described in Subsection
(3)[
(b)
]
(c)
(ii), with the consent of the lieutenant governor; or
(II) by the lieutenant governor if the contact sponsor states, in writing, that the sponsor
defers selection of the feasibility consultant to the lieutenant governor; and
(B) in accordance with applicable county procurement procedure.
(iii) The lieutenant governor shall require the feasibility consultant to complete the
financial feasibility study and submit written results of the study to the lieutenant governor no
later than 30 days after the feasibility consultant is engaged to conduct the financial feasibility
study.
(b) The financial feasibility study shall consider the:
(i) population and population density within the area proposed for incorporation and
the surrounding area;
(ii) current and five-year projections of demographics and economic base in the
proposed town and surrounding area, including household size and income, commercial and
industrial development, and public facilities;
(iii) projected growth in the proposed town and in adjacent areas during the next five
years;
(iv) subject to Subsection (7)(c), the present and five-year projections of the cost,
including overhead, of governmental services in the proposed town, including:
(A) culinary water;
(B) secondary water;
(C) sewer;
(D) law enforcement;
(E) fire protection;
(F) roads and public works;
(G) garbage;
(H) weeds; and
(I) government offices;
(v) assuming the same tax categories and tax rates as currently imposed by the county
and all other current service providers, the present and five-year projected revenue for the
proposed town; and
(vi) a projection of any new taxes per household that may be levied within the
incorporated area within five years of incorporation.
(c) (i) For purposes of Subsection (7)(b)(iv), the feasibility consultant shall assume a
level and quality of governmental services to be provided to the proposed town in the future
that fairly and reasonably approximate the level and quality of governmental services being
provided to the proposed town at the time of the feasibility study.
(ii) In determining the present cost of a governmental service, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed town to provide governmental service for
the first five years after incorporation; and
(B) the county's present and five-year projected cost of providing governmental
service.
(iii) The costs calculated under Subsection (7)(b)(iv), shall take into account inflation
and anticipated growth.
(d) If the five year projected revenues under Subsection (7)(b)(v) exceed the five-year
projected costs under Subsection (7)(b)(iv) by more than 10%, the feasibility consultant shall
project and report the expected annual revenue surplus to the contact sponsor and the lieutenant
governor.
(e) The lieutenant governor shall post a copy of the feasibility study on the lieutenant
governor's website and make a copy available for public review at the Office of the Lieutenant
Governor.
(f) The lieutenant governor shall approve a certified petition proposing the
incorporation of a town and hold a public hearing as provided in Section 
10-2a-303
.
Section 4. Section 
10-2a-302.5
 is enacted to read:
 10-2a-302.5.
Incorporation of a town -- Petition.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the
land would be assessed without regard to a valuation for agricultural use under Section
59-2-503
.
(b) (i) "Municipal services" means any of the following that are publicly provided:
(A) culinary water;
(B) secondary water;
(C) sewer service;
(D) law enforcement service;
(E) fire protection;
(F) roads;
(G) refuse collection; or
(H) weed control.
(ii) "Municipal services" includes the physical facilities required to provide a service
described in Subsection (1)(b)(i).
(2) (a) This section applies to individuals who seek to initiate the process of
incorporating a town on or after May 9, 2017.
(b) Individuals who reside in a contiguous area of a county that is not within a
municipality may incorporate as a town as provided in this section if:
(i) the area has a population of at least 100 people, but less than 1,000 people; and
(ii) at least 50% of the voting eligible population in the area are registered voters.
(c) An area within a county of the first class is not contiguous for purposes of
Subsection (2)(b) if:
(i) the area includes a strip of land that connects geographically separate areas; and
(ii) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
(3) (a) Individuals described in Subsection (2) may initiate the process of incorporating
a town by filing an application for an incorporation petition with the lieutenant governor that
contains:
(i) the name and residential address of at least five sponsors of the petition who meet
the qualifications described in Subsection (3)(b) for a sponsor and Subsection (7) for a petition
signer;
(ii) a statement certifying that each of the sponsors:
(A) is a resident of the state; and
(B) has voted in a regular general election or municipal general election in the state
within the last three years;
(iii) the signature of each sponsor, attested to by a notary public;
(iv) the name of a sponsor who is designated as the contact sponsor;
(v) consistent with the requirements described in Subsection (3)(c), an accurate map or
plat, prepared by a licensed surveyor, showing a legal description of the boundary of the
proposed town; and
(vi) a statement indicating whether persons may be paid for gathering signatures for the
petition.
(b) Sponsors may not file a petition under this section if the cumulative private real
property that the petition sponsors own exceeds 40% of the total private land area within the
boundaries of the proposed town.
(c) A map described in Subsection (3)(a)(v) may not include an area proposed for
annexation in an annexation petition described in Section 
10-2-403
 that is pending on the day
on which the application for the incorporation petition is filed.
(4) (a) If the lieutenant governor determines that an incorporation petition application
complies with the requirements described in Subsection (3)(a), the lieutenant governor shall
accept the application and mail or transmit written notification of the acceptance to:
(i) the contact sponsor; and
(ii) the Utah Population Estimates Committee.
(b) If the lieutenant governor determines that an application does not comply with the
requirements described in Subsection (3)(a), the lieutenant governor shall reject the application
and mail or transmit written notification of the rejection, including the reason for the rejection,
to the contact sponsor.
(5) (a) Within 20 days after the day on which the lieutenant governor accepts an
application under Subsection (4)(a), the Utah Population Estimates Committee shall:
(i) determine the population of the proposed town as of the date the application was
filed under Subsection (3) for the proposed town; and
(ii) provide that determination to the lieutenant governor.
(b) If the Utah Population Estimates Committee determines that the population of the
proposed town does not meet the requirements described in Subsection (2)(b)(i), the lieutenant
governor shall rescind the acceptance described in Subsection (4)(a) and reject the application
in accordance with Subsection (4)(b).
(6) Within 30 days after the day on which the lieutenant governor receives the
determination described in Subsection (5)(b) but before collecting signatures under Subsection
(7), the sponsors of the incorporation petition shall hold a public hearing at which the public
may:
(a) review the map or plat of the proposed town described in Subsection (3)(a)(v);
(b) ask questions and receive information about the incorporation of the proposed
town; and
(c) express views about the proposed incorporation, including views regarding the
boundary of the proposed town.
(7) (a) If, after holding the public hearing described in Subsection (6), the sponsors
wish to proceed with the proposed incorporation, the sponsors shall circulate an incorporation
petition that, in order to be declared sufficient under Subsection (8)(b)(i), must be signed by:
(i) the owners of private real property that:
(A) is located within the boundaries of the proposed town; and
(B) is collectively greater than or equal to 20% of the assessed value of all private real
property within the boundaries of the proposed town; and
(ii) 20% of the registered voters residing within the boundaries of the proposed town,
as of the day on which the petition is filed.
(b) The petition sponsors shall ensure that the petition is:
(i) accompanied by and circulated with a copy of the map described in Subsection
(3)(a)(v); and
(ii) printed in substantially the following form:
"PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable Lieutenant Governor:
We, the undersigned, respectfully petition the lieutenant governor to direct the county to
submit to the registered voters residing within the area described in this petition, in an election,
the question of whether the area should incorporate as a town. Each of the undersigned affirms
that each has personally signed this petition and is an owner of real property located within, or
is a registered voter residing within, the described area, and that the current residence address
of each is correctly written after the signer's name. The area we propose for incorporation as a
town is described as follows: (insert an accurate description of the area proposed to be
incorporated)."
(c) An individual who signs a petition described in this Subsection (7) may withdraw
or reinstate the individual's signature by filing a written, signed statement with the lieutenant
governor before the lieutenant governor certifies the petition signatures under Subsection (8).
(d) The petition sponsors shall submit a completed petition to the lieutenant governor
no later than 316 days after the day on which the sponsors submit the application described in
Subsection (3)(a) to the lieutenant governor.
(8) No later than 20 days after the day on which the sponsors submit the petition to the
lieutenant governor under Subsection (7)(d), the lieutenant governor shall:
(a) determine whether the petition complies with the requirements described in
Subsection (7); and
(b) (i) if the lieutenant governor determines that the petition complies with the
requirements described in Subsection (7):
(A) certify the petition as sufficient; and
(B) mail or deliver written notification of the certification to the contact sponsor; or
(ii) if the lieutenant governor determines that the petition does not comply with the
requirements described in Subsection (7):
(A) reject the petition; and
(B) notify the contact sponsor in writing of the rejection and the reasons for the
rejection.
(9) (a) Petition sponsors may amend a petition that the lieutenant governor rejected
under Subsection (8)(b)(ii) by:
(i) correcting the reason for which the lieutenant governor rejects the petition; and
(ii) submitting an amended petition to the lieutenant governor no later than the deadline
described in Subsection (7)(d).
(b) A valid signature on a petition that the lieutenant governor rejects under Subsection
(8)(b)(ii) is valid for an amended petition that the petition sponsors submit to the lieutenant
governor under Subsection (9)(a).
(c) The lieutenant governor shall review an amended petition in accordance with
Subsection (8).
(d) The sponsors of an incorporation petition may not amend the petition more than
once.
(10) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
Subsection (8), the lieutenant governor shall, within seven days after the day on which the
lieutenant governor certifies the petition, mail or transmit written notice of the proposed
incorporation to each person who owns private real property that:
(i) is located within the boundaries of the proposed town; and
(ii) has a value that is greater than or equal to 1% of the assessed value of all private
real property within the boundaries of the proposed town.
(b) A person described in Subsection (10)(a) may request that the lieutenant governor
exclude all or part of the person's property from boundaries of the proposed town if:
(i) the property does not require, and is not expected to require, a municipal service
that the proposed town will provide; and
(ii) exclusion of the property will not leave an unincorporated island within the
proposed town.
(c) (i) To request exclusion under this Subsection (10), a person described in
Subsection (10)(a) shall file a written request with the lieutenant governor within 10 days after
the day on which the person receives the notice described in Subsection (10)(a).
(ii) The notice shall describe the property for which the person requests exclusion.
(d) (i) The lieutenant governor shall exclude property from the boundaries of the
proposed town if the property is described in a written request filed under Subsection (10)(c)
and meets the requirements described in Subsection (10)(b).
(ii) Within five days after the lieutenant governor excludes the property, the lieutenant
governor shall mail or transmit written notice of the exclusion to the person who filed the
request and to the contact sponsor.
(11) (a) If the lieutenant governor certifies an incorporation petition as sufficient under
Subsection (8), the lieutenant governor shall, in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, procure the services of a feasibility consultant to conduct a financial
feasibility study on the proposed incorporation.
(b) The lieutenant governor shall ensure that a feasibility consultant selected under
Subsection (11)(a):
(i) has expertise in the processes and economics of local government; and
(ii) is not affiliated with:
(A) a sponsor of the incorporation petition to which the feasability study relates; or
(B) the county in which the proposed town is located.
(c) The lieutenant governor shall require the feasibility consultant to complete the
financial feasibility study and submit written results of the study to the lieutenant governor no
later than 60 days after the day on which the lieutenant governor procures the services of the
feasibility consultant.
(d) The financial consultant shall ensure that the financial feasibility study includes:
(i) an analysis of the population and population density within the boundaries of the
proposed town and the surrounding area;
(ii) the current and projected five-year demographics of, and tax base within, the
boundaries of the proposed town and the surrounding area, including household size and
income, commercial and industrial development, and public facilities;
(iii) subject to Subsection (11)(e), the current and five-year projected cost of providing
municipal services to the proposed town, including administrative costs;
(iv) assuming the same tax categories and tax rates as currently imposed by the county
and all other current municipal services providers, the present and five-year projected revenue
for the proposed town;
(v) a projection of the tax burden per household of any new taxes that may be levied
within the proposed town within five years of the town's incorporation; and
(vi) if the lieutenant governor excludes property from the proposed town under
Subsection (10)(d), an update to the map and legal description described in Subsection
(3)(a)(v).
(e) (i) For purposes of Subsection (11)(d)(iii), the feasibility consultant shall assume
that the proposed town will provide a level and quality of municipal services that fairly and
reasonably approximate the level and quality of municipal services that are provided to the
proposed town at the time the feasibility consultant conducts the feasibility study.
(ii) In determining the present cost of municipal services, the feasibility consultant
shall consider:
(A) the amount it would cost the proposed town to provide the municipal services for
the first five years after the town's incorporation; and
(B) the current municipal services provider's present and five-year projected cost of
providing the municipal services.
(iii) In calculating the costs described in Subsection (11)(d)(iii), the feasibility
consultant shall account for inflation and anticipated growth.
(f) If the five-year projected revenues described in Subsection (11)(d)(iv) exceed the
five-year projected costs described in Subsection (11)(d)(iii) by more than 10%, the feasibility
consultant shall project and report the expected annual revenue surplus to the contact sponsor
and the lieutenant governor.
(g) The lieutenant governor shall publish the feasibility study on the lieutenant
governor's website and make a copy of the feasibility study available for public review at the
Office of the Lieutenant Governor.
(12) After the lieutenant governor conducts the feasibility study, the lieutenant
governor shall hold a public hearing in accordance with Section 
10-2a-303
.
Section 5. Section 
10-2a-303
 is amended to read:
10-2a-303.
Incorporation of a town -- Public hearing on feasibility.
(1) If, in accordance with Section 
10-2a-302
or 10-2a-302.5
, the lieutenant governor
certifies a petition for incorporation or an amended petition for incorporation, the lieutenant
governor shall, after completion of the feasibility study, schedule a public hearing [
to
]:
(a) [
be held
] 
that takes place
 no later than 60 days after the day on which the feasibility
study is completed; and
(b) 
to
 consider, in accordance with Subsection (3)(b), the feasibility of incorporation
for the proposed town.
(2) (a) The lieutenant governor shall give notice of the public hearing on the proposed
incorporation by:
(i) (A) publishing notice of the public hearing at least once a week for two consecutive
weeks in a newspaper of general circulation within the proposed town; or
(B) if there is no newspaper of general circulation within the proposed town, posting
notice of the public hearing in at least five conspicuous public places within the proposed
town; and
(ii) publishing notice of the public hearing on the Utah Public Notice Website created
in Section 
63F-1-701
.
(b) The county in which the incorporation is proposed shall post the notice described in
Subsection (2)(a)(ii) on the county's website, if the county has a website, for at least two
consecutive weeks before the day of the public hearing.
(3) At the public hearing scheduled in accordance with Subsection (1), the lieutenant
governor shall:
(a) (i) provide a copy of the feasibility study; and
(ii) present the results of the feasibility study to the public; and
(b) allow the public to:
(i) review the map or plat of the boundary of the proposed town;
(ii) ask questions and become informed about the proposed incorporation; and
(iii) express its views about the proposed incorporation, including their views about the
boundary of the area proposed to be incorporated.
(4) A county under the direction of the lieutenant governor may not hold an election on
the incorporation of a town in accordance with Section 
10-2a-304
 if the results of the feasibility
study show that the five-year projected revenues under Subsection 
10-2a-302
(7)(b)(v) 
or
10-2a-302.5
(11)(d)(iv)
 exceed the five-year projected costs under Subsection
10-2a-302
(7)(b)(iv) 
or 
10-2a-302.5
(11)(d)(iii)
 by more than 10%.
Section 6. Section 
10-2a-304
 is amended to read:
10-2a-304.
Incorporation of a town -- Election to incorporate -- Ballot form.
(1) (a) Upon [
receipt of a certified petition or a certified amended petition under
Section 
10-2a-302
] 
the completion of a feasibility study described in Section 10-2a-302 or
10-2a-302.5
 and the public hearing described in Section 
10-2a-303
, the lieutenant governor
shall[
: (i) determine and set an election date for the
] 
schedule an
 incorporation election [
that is:
(A) on
] 
for the proposed town on:
(i) the date of
 a regular general election [
date under
] 
described in
 Section 
20A-1-201
 or
on 
the date of
 a local special election [
date under
] 
described in
 Section 
20A-1-203
; and
[
(B)
] 
(ii) a date that is
 at least 65 days after the day [
that the legislative body receives
the certified petition; and
] 
on which the lieutenant governor certifies the petition under
Subsection 
10-2a-302
(5) or Section 
10-2a-302.5
.
[
(ii)
] 
(b) The lieutenant governor shall
 direct the county [
legislative body of the county
]
in which the [
incorporation is
] proposed 
town is located
 to hold the 
incorporation
 election on
the date [
determined by
] 
that
 the lieutenant governor [
in accordance with
] 
schedules under
Subsection (1)(a)[
(i)
].
[
(b)
] 
(c)
 The county 
described in Subsection (1)(b)
 shall hold the 
incorporation
 election
as directed by the lieutenant governor in accordance with Subsection (1)[
(a)(ii)
]
(b)
.
[
(c)
] 
(d)
 [
Unless a person
] 
An individual may not vote in an incorporation election
under this section unless the individual
 is a registered voter who resides, as defined in Section
20A-1-102
, within the boundaries of the proposed town[
, the person may not vote on the
proposed incorporation
].
(2) (a) The county clerk shall publish notice of the election:
(i) in a newspaper of general circulation, within the area proposed to be incorporated,
at least once a week for three successive weeks; and
(ii) in accordance with Section 
45-1-101
 for three weeks.
(b) The notice required by Subsection (2)(a) shall contain:
(i) a statement of the contents of the petition;
(ii) a description of the area proposed to be incorporated as a town;
(iii) a statement of the date and time of the election and the location of polling places;
and
(iv) the lieutenant governor's Internet website address, if applicable, and the address of
the Office of the Lieutenant Governor where the feasibility study is available for review.
(c) The last publication of notice required under Subsection (2)(a) shall occur at least
one day but no more than seven days before the election.
(d) (i) In accordance with Subsection (2)(a)(i), if there is no newspaper of general
circulation within the proposed town, the county clerk shall post at least one notice of the
election per 100 population in conspicuous places within the proposed town that are most
likely to give notice of the election to the voters of the proposed town.
(ii) The clerk shall post the notices under Subsection (2)(d)(i) at least seven days before
the election under Subsection (1)(a).
(3) The ballot at the incorporation election shall pose the incorporation question
substantially as follows:
Shall the area described as (insert a description of the proposed town) be incorporated
as the town of (insert the proposed name of the proposed town)?
(4) The ballot shall provide a space for the voter to answer yes or no to the question in
Subsection (3).
(5) If a majority of those casting votes within the area boundaries of the proposed town
vote to incorporate as a town, the area shall incorporate.
Section 7. Section 
20A-11-101
 is amended to read:
20A-11-101.
Definitions.
As used in this chapter:
(1) "Address" means the number and street where an individual resides or where a
reporting entity has its principal office.
(2) "Agent of a reporting entity" means:
(a) a person acting on behalf of a reporting entity at the direction of the reporting
entity;
(b) a person employed by a reporting entity in the reporting entity's capacity as a
reporting entity;
(c) the personal campaign committee of a candidate or officeholder;
(d) a member of the personal campaign committee of a candidate or officeholder in the
member's capacity as a member of the personal campaign committee of the candidate or
officeholder; or
(e) a political consultant of a reporting entity.
(3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
amendments, and any other ballot propositions submitted to the voters that are authorized by
the Utah Code Annotated 1953.
(4) "Candidate" means any person who:
(a) files a declaration of candidacy for a public office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination or election
to a public office.
(5) "Chief election officer" means:
(a) the lieutenant governor for state office candidates, legislative office candidates,
officeholders, political parties, political action committees, corporations, political issues
committees, state school board candidates, judges, and labor organizations, as defined in
Section 
20A-11-1501
; and
(b) the county clerk for local school board candidates.
(6) (a) "Contribution" means any of the following when done for political purposes:
(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
value given to the filing entity;
(ii) an express, legally enforceable contract, promise, or agreement to make a gift,
subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value to the filing entity;
(iii) any transfer of funds from another reporting entity to the filing entity;
(iv) compensation paid by any person or reporting entity other than the filing entity for
personal services provided without charge to the filing entity;
(v) remuneration from:
(A) any organization or its directly affiliated organization that has a registered lobbyist;
or
(B) any agency or subdivision of the state, including school districts;
(vi) a loan made by a candidate deposited to the candidate's own campaign; and
(vii) in-kind contributions.
(b) "Contribution" does not include:
(i) services provided by individuals volunteering a portion or all of their time on behalf
of the filing entity if the services are provided without compensation by the filing entity or any
other person;
(ii) money lent to the filing entity by a financial institution in the ordinary course of
business; or
(iii) goods or services provided for the benefit of a candidate or political party at less
than fair market value that are not authorized by or coordinated with the candidate or political
party.
(7) "Coordinated with" means that goods or services provided for the benefit of a
candidate or political party are provided:
(a) with the candidate's or political party's prior knowledge, if the candidate or political
party does not object;
(b) by agreement with the candidate or political party;
(c) in coordination with the candidate or political party; or
(d) using official logos, slogans, and similar elements belonging to a candidate or
political party.
(8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
organization that is registered as a corporation or is authorized to do business in a state and
makes any expenditure from corporate funds for:
(i) the purpose of expressly advocating for political purposes; or
(ii) the purpose of expressly advocating the approval or the defeat of any ballot
proposition.
(b) "Corporation" does not mean:
(i) a business organization's political action committee or political issues committee; or
(ii) a business entity organized as a partnership or a sole proprietorship.
(9) "County political party" means, for each registered political party, all of the persons
within a single county who, under definitions established by the political party, are members of
the registered political party.
(10) "County political party officer" means a person whose name is required to be
submitted by a county political party to the lieutenant governor in accordance with Section
20A-8-402
.
(11) "Detailed listing" means:
(a) for each contribution or public service assistance:
(i) the name and address of the individual or source making the contribution or public
service assistance, except to the extent that the name or address of the individual or source is
unknown;
(ii) the amount or value of the contribution or public service assistance; and
(iii) the date the contribution or public service assistance was made; and
(b) for each expenditure:
(i) the amount of the expenditure;
(ii) the person or entity to whom it was disbursed;
(iii) the specific purpose, item, or service acquired by the expenditure; and
(iv) the date the expenditure was made.
(12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
for membership in the corporation, to a corporation without receiving full and adequate
consideration for the money.
(b) "Donor" does not include a person that signs a statement that the corporation may
not use the money for an expenditure or political issues expenditure.
(13) "Election" means each:
(a) regular general election;
(b) regular primary election; and
(c) special election at which candidates are eliminated and selected.
(14) "Electioneering communication" means a communication that:
(a) has at least a value of $10,000;
(b) clearly identifies a candidate or judge; and
(c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
identified candidate's or judge's election date.
(15) (a) "Expenditure" means any of the following made by a reporting entity or an
agent of a reporting entity on behalf of the reporting entity:
(i) any disbursement from contributions, receipts, or from the separate bank account
required by this chapter;
(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
or anything of value made for political purposes;
(iii) an express, legally enforceable contract, promise, or agreement to make any
purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
value for political purposes;
(iv) compensation paid by a filing entity for personal services rendered by a person
without charge to a reporting entity;
(v) a transfer of funds between the filing entity and a candidate's personal campaign
committee; or
(vi) goods or services provided by the filing entity to or for the benefit of another
reporting entity for political purposes at less than fair market value.
(b) "Expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a reporting entity;
(ii) money lent to a reporting entity by a financial institution in the ordinary course of
business; or
(iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
candidates for office or officeholders in states other than Utah.
(16) "Federal office" means the office of president of the United States, United States
Senator, or United States Representative.
(17) "Filing entity" means the reporting entity that is required to file a financial
statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(18) "Financial statement" includes any summary report, interim report, verified
financial statement, or other statement disclosing contributions, expenditures, receipts,
donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
Retention Elections.
(19) "Governing board" means the individual or group of individuals that determine the
candidates and committees that will receive expenditures from a political action committee,
political party, or corporation.
(20) "Incorporation" means the process established by Title 10, Chapter 2a, Municipal
Incorporation, by which a geographical area becomes legally recognized as a city, town, or
metro township.
(21) "Incorporation election" means the election authorized by Section 
10-2a-210
,
10-2a-304
, or 
10-2a-404
.
(22) "Incorporation petition" means a petition authorized by Section 
10-2a-208
 [
or
]
,
10-2a-302
, or 
10-2a-302.5
.
(23) "Individual" means a natural person.
(24) "In-kind contribution" means anything of value, other than money, that is accepted
by or coordinated with a filing entity.
(25) "Interim report" means a report identifying the contributions received and
expenditures made since the last report.
(26) "Legislative office" means the office of state senator, state representative, speaker
of the House of Representatives, president of the Senate, and the leader, whip, and assistant
whip of any party caucus in either house of the Legislature.
(27) "Legislative office candidate" means a person who:
(a) files a declaration of candidacy for the office of state senator or state representative;
(b) declares oneself to be a candidate for, or actively campaigns for, the position of
speaker of the House of Representatives, president of the Senate, or the leader, whip, and
assistant whip of any party caucus in either house of the Legislature; or
(c) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination, election, or
appointment to a legislative office.
(28) "Major political party" means either of the two registered political parties that
have the greatest number of members elected to the two houses of the Legislature.
(29) "Officeholder" means a person who holds a public office.
(30) "Party committee" means any committee organized by or authorized by the
governing board of a registered political party.
(31) "Person" means both natural and legal persons, including individuals, business
organizations, personal campaign committees, party committees, political action committees,
political issues committees, and labor organizations, as defined in Section 
20A-11-1501
.
(32) "Personal campaign committee" means the committee appointed by a candidate to
act for the candidate as provided in this chapter.
(33) "Personal use expenditure" has the same meaning as provided under Section
20A-11-104
.
(34) (a) "Political action committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i) solicit or receive contributions from any other person, group, or entity for political
purposes; or
(ii) make expenditures to expressly advocate for any person to refrain from voting or to
vote for or against any candidate or person seeking election to a municipal or county office.
(b) "Political action committee" includes groups affiliated with a registered political
party but not authorized or organized by the governing board of the registered political party
that receive contributions or makes expenditures for political purposes.
(c) "Political action committee" does not mean:
(i) a party committee;
(ii) any entity that provides goods or services to a candidate or committee in the regular
course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking
account;
(v) a corporation, except a corporation a major purpose of which is to act as a political
action committee; or
(vi) a personal campaign committee.
(35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
by another person on behalf of and with the knowledge of the reporting entity, to provide
political advice to the reporting entity.
(b) "Political consultant" includes a circumstance described in Subsection (35)(a),
where the person:
(i) has already been paid, with money or other consideration;
(ii) expects to be paid in the future, with money or other consideration; or
(iii) understands that the person may, in the discretion of the reporting entity or another
person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
money or other consideration.
(36) "Political convention" means a county or state political convention held by a
registered political party to select candidates.
(37) (a) "Political issues committee" means an entity, or any group of individuals or
entities within or outside this state, a major purpose of which is to:
(i) solicit or receive donations from any other person, group, or entity to assist in
placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
proposed ballot proposition or an incorporation in an incorporation election; or
(iii) make expenditures to assist in qualifying or placing a ballot proposition on the
ballot or to assist in keeping a ballot proposition off the ballot.
(b) "Political issues committee" does not mean:
(i) a registered political party or a party committee;
(ii) any entity that provides goods or services to an individual or committee in the
regular course of its business at the same price that would be provided to the general public;
(iii) an individual;
(iv) individuals who are related and who make contributions from a joint checking
account;
(v) a corporation, except a corporation a major purpose of which is to act as a political
issues committee; or
(vi) a group of individuals who:
(A) associate together for the purpose of challenging or supporting a single ballot
proposition, ordinance, or other governmental action by a county, city, town, local district,
special service district, or other local political subdivision of the state;
(B) have a common liberty, property, or financial interest that is directly impacted by
the ballot proposition, ordinance, or other governmental action;
(C) do not associate together, for the purpose described in Subsection (37)(b)(vi)(A),
via a legal entity;
(D) do not receive funds for challenging or supporting the ballot proposition,
ordinance, or other governmental action from a person other than an individual in the group;
and
(E) do not expend a total of more than $5,000 for the purpose described in Subsection
(37)(b)(vi)(A).
(38) (a) "Political issues contribution" means any of the following:
(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
anything of value given to a political issues committee;
(ii) an express, legally enforceable contract, promise, or agreement to make a political
issues donation to influence the approval or defeat of any ballot proposition;
(iii) any transfer of funds received by a political issues committee from a reporting
entity;
(iv) compensation paid by another reporting entity for personal services rendered
without charge to a political issues committee; and
(v) goods or services provided to or for the benefit of a political issues committee at
less than fair market value.
(b) "Political issues contribution" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(39) (a) "Political issues expenditure" means any of the following when made by a
political issues committee or on behalf of a political issues committee by an agent of the
reporting entity:
(i) any payment from political issues contributions made for the purpose of influencing
the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
the express purpose of influencing the approval or the defeat of:
(A) a ballot proposition; or
(B) an incorporation petition or incorporation election;
(iii) an express, legally enforceable contract, promise, or agreement to make any
political issues expenditure;
(iv) compensation paid by a reporting entity for personal services rendered by a person
without charge to a political issues committee; or
(v) goods or services provided to or for the benefit of another reporting entity at less
than fair market value.
(b) "Political issues expenditure" does not include:
(i) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of a political issues committee; or
(ii) money lent to a political issues committee by a financial institution in the ordinary
course of business.
(40) "Political purposes" means an act done with the intent or in a way to influence or
tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
against any:
(a) candidate or a person seeking a municipal or county office at any caucus, political
convention, or election; or
(b) judge standing for retention at any election.
(41) (a) "Poll" means the survey of a person regarding the person's opinion or
knowledge of an individual who has filed a declaration of candidacy for public office, or of a
ballot proposition that has legally qualified for placement on the ballot, which is conducted in
person or by telephone, facsimile, Internet, postal mail, or email.
(b) "Poll" does not include:
(i) a ballot; or
(ii) an interview of a focus group that is conducted, in person, by one individual, if:
(A) the focus group consists of more than three, and less than thirteen, individuals; and
(B) all individuals in the focus group are present during the interview.
(42) "Primary election" means any regular primary election held under the election
laws.
(43) "Publicly identified class of individuals" means a group of 50 or more individuals
sharing a common occupation, interest, or association that contribute to a political action
committee or political issues committee and whose names can be obtained by contacting the
political action committee or political issues committee upon whose financial statement the
individuals are listed.
(44) "Public office" means the office of governor, lieutenant governor, state auditor,
state treasurer, attorney general, state school board member, state senator, state representative,
speaker of the House of Representatives, president of the Senate, and the leader, whip, and
assistant whip of any party caucus in either house of the Legislature.
(45) (a) "Public service assistance" means the following when given or provided to an
officeholder to defray the costs of functioning in a public office or aid the officeholder to
communicate with the officeholder's constituents:
(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
money or anything of value to an officeholder; or
(ii) goods or services provided at less than fair market value to or for the benefit of the
officeholder.
(b) "Public service assistance" does not include:
(i) anything provided by the state;
(ii) services provided without compensation by individuals volunteering a portion or all
of their time on behalf of an officeholder;
(iii) money lent to an officeholder by a financial institution in the ordinary course of
business;
(iv) news coverage or any publication by the news media; or
(v) any article, story, or other coverage as part of any regular publication of any
organization unless substantially all the publication is devoted to information about the
officeholder.
(46) "Receipts" means contributions and public service assistance.
(47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
Lobbyist Disclosure and Regulation Act.
(48) "Registered political action committee" means any political action committee that
is required by this chapter to file a statement of organization with the Office of the Lieutenant
Governor.
(49) "Registered political issues committee" means any political issues committee that
is required by this chapter to file a statement of organization with the Office of the Lieutenant
Governor.
(50) "Registered political party" means an organization of voters that:
(a) participated in the last regular general election and polled a total vote equal to 2%
or more of the total votes cast for all candidates for the United States House of Representatives
for any of its candidates for any office; or
(b) has complied with the petition and organizing procedures of Chapter 8, Political
Party Formation and Procedures.
(51) (a) "Remuneration" means a payment:
(i) made to a legislator for the period the Legislature is in session; and
(ii) that is approximately equivalent to an amount a legislator would have earned
during the period the Legislature is in session in the legislator's ordinary course of business.
(b) "Remuneration" does not mean anything of economic value given to a legislator by:
(i) the legislator's primary employer in the ordinary course of business; or
(ii) a person or entity in the ordinary course of business:
(A) because of the legislator's ownership interest in the entity; or
(B) for services rendered by the legislator on behalf of the person or entity.
(52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
action committee, a political issues committee, a corporation, or a labor organization, as
defined in Section 
20A-11-1501
.
(53) "School board office" means the office of state school board.
(54) (a) "Source" means the person or entity that is the legal owner of the tangible or
intangible asset that comprises the contribution.
(b) "Source" means, for political action committees and corporations, the political
action committee and the corporation as entities, not the contributors to the political action
committee or the owners or shareholders of the corporation.
(55) "State office" means the offices of governor, lieutenant governor, attorney general,
state auditor, and state treasurer.
(56) "State office candidate" means a person who:
(a) files a declaration of candidacy for a state office; or
(b) receives contributions, makes expenditures, or gives consent for any other person to
receive contributions or make expenditures to bring about the person's nomination, election, or
appointment to a state office.
(57) "Summary report" means the year end report containing the summary of a
reporting entity's contributions and expenditures.
(58) "Supervisory board" means the individual or group of individuals that allocate
expenditures from a political issues committee.
Section 8. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates -- Title 10.
(1) Subsection 
10-2a-106
(2), the language that states ", including a township
incorporation procedure as defined in Section 
10-2a-105
," is repealed July 1, 2016.
(2) On July 1, 2018, the following are repealed:
(a) in Subsection 
10-2-403
(5), the language that states "
10-2a-302
 or";
(b) in Subsection 
10-2-403
(5)(b), the language that states "
10-2a-302
 or";
(c) in Subsection 
10-2a-106
(2), the language that states "
10-2a-302
 or";
(d) Section 
10-2a-302
;
(e) Subsection 
10-2a-302.5
(2)(a);
(f) in Subsection 
10-2a-303
(1), the language that states "
10-2a-302
 or";
(g) in Subsection 
10-2a-303
(4), the language that states "
10-2a-302
(7)(b)(v) or" and
"10-2a-302(7)(b)(iv) or";
(h) in Subsection 
10-2a-304
(1)(a), the language that states "
10-2a-302
 or"; and
(i) in Subsection 
10-2a-304
(1)(a)(ii), the language that states "Subsection 
10-2a-302
(5)
or".
[
(2)
] 
(3)
 Subsection 
10-2a-410
(3)(d)(ii) is repealed January 1, 2017.
[
(3)
] 
(4)
 Section 
10-2a-105
 is repealed July 1, 2016.
[
(4)
] 
(5)
 Subsection 
10-9a-304
(2) is repealed June 1, 2016.
Section 9. Section 
63I-2-220
 is amended to read:
63I-2-220.
Repeal dates, Title 20A.
[
On January 1, 2017:
]
[
(1) in Subsection 
20A-1-102
(71), the language that states "State Board of Education
and" is repealed;
]
[
(2) in Subsection 
20A-9-201
(4)(a), the language that states "and State Board of
Education candidates" is repealed;
]
[
(3) Subsection 
20A-9-201
(9) is repealed;
]
[
(4) in Subsection 
20A-9-403
(4)(c), the language that states "State Board of Education
and" is repealed;
]
[
(5) in Subsection 
20A-9-403
(5)(a), the language that states "State Board of Education
or" is repealed; and
]
[
(6) Section 
20A-14-104
 is repealed.
]
On July 1, 2018, in Subsection 
20A-11-101
(21), the language that states ", 
10-2a-302
,"
is repealed.