Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 211 First Substitute (2021GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies petition filing requirements for an initiative or referendum;
• provides more standardization to forms, requirements, and procedures for state and local initiatives and referenda, including procedures for posting and removing signatures for a petition;
• clarifies actions that may be taken by a petition sponsor or an agent of a petition sponsor;
• modifies signature packet preparation requirements;
• modifies timelines and deadlines for initiatives and referenda;
• modifies provisions for challenging an action, relating to initiatives or referenda, in a court proceeding;
• addresses the verification of signatures;
• addresses a temporary stay of a law challenged by referendum and the effective date of the law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INITIATIVES AND REFERENDA AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
 John D. Johnson
LONG TITLE
General Description:
This bill amends provisions relating to statewide and local initiatives and referenda.
Highlighted Provisions:
This bill:
▸ modifies petition filing requirements for an initiative or referendum;
▸ provides more standardization to forms, requirements, and procedures for state and
local initiatives and referenda, including procedures for posting and removing
signatures for a petition;
▸ clarifies actions that may be taken by a petition sponsor or an agent of a petition
sponsor;
▸ modifies signature packet preparation requirements;
▸ modifies timelines and deadlines for initiatives and referenda;
▸ modifies provisions for challenging an action, relating to initiatives or referenda, in
a court proceeding;
▸ addresses the verification of signatures;
▸ addresses a temporary stay of a law challenged by referendum and the effective date
of the law; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-103
, as last amended by Laws of Utah 2020, Chapter 434
10-9a-509
, as last amended by Laws of Utah 2020, Chapter 434
11-14-301
, as last amended by Laws of Utah 2019, Chapter 203
17-27a-103
, as last amended by Laws of Utah 2020, Chapter 434
17-27a-508
, as last amended by Laws of Utah 2019, Chapter 384 and last amended by
Coordination Clause, Laws of Utah 2019, Chapter 384
20A-1-609
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-202
, as last amended by Laws of Utah 2019, Chapters 217 and 275
20A-7-203
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
20A-7-204
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-205
, as last amended by Laws of Utah 2019, Chapters 210, 217, 255 and last
amended by Coordination Clause, Laws of Utah 2019, Chapters 210, and 217
20A-7-206
, as last amended by Laws of Utah 2020, Chapters 166 and 349
20A-7-207
, as last amended by Laws of Utah 2019, Chapters 210, 217 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 210
20A-7-209
, as last amended by Laws of Utah 2019, Chapter 275
20A-7-302
, as last amended by Laws of Utah 2020, Chapter 166
20A-7-303
, as last amended by Laws of Utah 2019, Chapter 210
20A-7-304
, as last amended by Laws of Utah 1995, Chapter 153
20A-7-305
, as last amended by Laws of Utah 2020, Chapter 166
20A-7-306
, as last amended by Laws of Utah 2020, Chapter 166
20A-7-306.3
, as last amended by Laws of Utah 2011, Chapter 17
20A-7-307
, as last amended by Laws of Utah 2020, Chapter 166
20A-7-308
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
20A-7-309
, as last amended by Laws of Utah 2010, Chapter 294
20A-7-311
, as last amended by Laws of Utah 2020, Chapter 166
20A-7-401.5
, as enacted by Laws of Utah 2019, Chapter 203
20A-7-502
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-503
, as last amended by Laws of Utah 2017, Chapter 291
20A-7-504
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-505
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-506
, as last amended by Laws of Utah 2019, Chapters 203 and 255
20A-7-506.3
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-507
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-508
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-510
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-601
, as last amended by Laws of Utah 2019, Chapters 203 and 255
20A-7-602
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-603
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-604
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-605
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
20A-7-606
, as last amended by Laws of Utah 2019, Chapter 255
20A-7-606.3
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-607
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-608
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-610
, as last amended by Laws of Utah 2019, Chapter 203
20A-7-611
, as enacted by Laws of Utah 1994, Chapter 272
20A-7-613
, as last amended by Laws of Utah 2020, Chapter 31
ENACTS:
20A-7-206.1
, Utah Code Annotated 1953
REPEALS:
20A-7-205.5
, as last amended by Laws of Utah 2008, Chapter 237
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-103
 is amended to read:
10-9a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
public utility, property owner, property owners association, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality provides notice to an affected entity in compliance
with a requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
(5)[
(a)
]; and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(9) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(10) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(11) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(12) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(13) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (13)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (13)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (13)(a)(i); or
(ii) a therapeutic school.
(14) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(15) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(16) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(17) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(18) "Historic preservation authority" means a person, board, commission, or other
body designated by a legislative body to:
(a) recommend land use regulations to preserve local historic districts or areas; and
(b) administer local historic preservation land use regulations within a local historic
district or area. 
(19) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(20) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the municipality; and
(iv) does not require any additional engineering or analysis.
(21) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(22) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a municipality to guaranty the proper completion of landscaping or an infrastructure
improvement required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(23) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the municipality's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(24) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the municipality has not otherwise required the applicant to mitigate the suspect soil.
(25) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human occupation; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) whether the improvement is public or private, as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
(26) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(27) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(28) "Land use application":
(a) means an application that is:
(i) required by a municipality; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(29) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(30) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(31) "Land use permit" means a permit issued by a land use authority.
(32) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(33) "Legislative body" means the municipal council.
(34) "Local district" means an entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(35) "Local historic district or area" means a geographically definable area that:
(a) contains any combination of buildings, structures, sites, objects, landscape features,
archeological sites, or works of art that contribute to the historic preservation goals of a
legislative body; and
(b) is subject to land use regulations to preserve the historic significance of the local
historic district or area. 
(36) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(37) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
accordance with Section 
10-9a-608
, with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(38) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(39) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the city is located.
(40) "Municipal utility easement" means an easement that:
(a) is created or depicted on a plat recorded in a county recorder's office and is
described as a municipal utility easement granted for public use;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the municipality or the municipality's affiliated governmental entity uses and
occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
water, or communications or data lines;
(d) is used or occupied with the consent of the municipality in accordance with an
authorized franchise or other agreement;
(e) (i) is used or occupied by a specified public utility in accordance with an authorized
franchise or other agreement; and
(ii) is located in a utility easement granted for public use; or
(f) is described in Section 
10-9a-529
 and is used by a specified public utility.
(41) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(42) "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations, which
govern the use of land.
(43) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance governing
the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(44) "Official map" means a map drawn by municipal authorities and recorded in a
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the municipality's general plan.
(45) "Parcel" means any real property that is not a lot created by and shown on a
subdivision plat recorded in the office of the county recorder.
(46) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
57-1-45
, if no additional parcel is created and:
(i) none of the property identified in the agreement is subdivided land; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(47) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(48) "Plan for moderate income housing" means a written document adopted by a
municipality's legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
municipality;
(b) an estimate of the need for moderate income housing in the municipality for the
next five years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the municipality's program to encourage an adequate supply of
moderate income housing.
(49) "Plat" means a map or other graphical representation of lands that a licensed
professional land surveyor makes and prepares in accordance with Section 
10-9a-603
 or
57-8-13
.
(50) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(51) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(52) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(53) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(54) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(55) "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(56) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(57) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(58) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(59) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(60) "Sending zone" means an area of a municipality that the municipality designates,
by ordinance, as an area from which an owner of land may transfer a transferable development
right.
(61) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(62) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(63) "State" includes any department, division, or agency of the state.
(64) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
plat.
(65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (65)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) an agreement recorded with the county recorder's office between owners of
adjoining unsubdivided properties adjusting the mutual boundary by a boundary line agreement
in accordance with Section 
57-1-45
 if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous parcel of property that is
not subdivided land into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) an agreement between owners of adjoining subdivided properties adjusting the
mutual lot line boundary in accordance with Section 
10-9a-603
 if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(v) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels;
(vi) a parcel boundary adjustment;
(vii) a lot line adjustment;
(viii) a road, street, or highway dedication plat; or
(ix) a deed or easement for a road, street, or highway purpose.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection (65) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
subdivision ordinance.
(66) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
10-9a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(67) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(68) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(69) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(70) "Unincorporated" means the area outside of the incorporated area of a city or
town.
(71) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(72) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 2. Section 
10-9a-509
 is amended to read:
10-9a-509.
Applicant's entitlement to land use application approval --
Municipality's requirements and limitations -- Vesting upon submission of development
plan and schedule.
(1) (a) (i) An applicant who has submitted a complete land use application as described
in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
review of the application under the land use regulations:
(A) in effect on the date that the application is complete; and
(B) applicable to the application or to the information shown on the application.
(ii) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use decisions, and
development standards in effect when the applicant submits a complete application and pays
application fees, unless:
(A) the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the application and specifies
the compelling, countervailing public interest in writing; or
(B) in the manner provided by local ordinance and before the applicant submits the
application, the municipality formally initiates proceedings to amend the municipality's land
use regulations in a manner that would prohibit approval of the application as submitted.
(b) The municipality shall process an application without regard to proceedings the
municipality initiated to amend the municipality's ordinances as described in Subsection
(1)(a)(ii)(B) if:
(i) 180 days have passed since the municipality initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable ordinances
and pays all applicable fees.
(d) A subsequent incorporation of a municipality or a petition that proposes the
incorporation of a municipality does not affect a land use application approved by a county in
accordance with Section 
17-27a-508
.
(e) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(f) A municipality may not impose on an applicant who has submitted a complete
application a requirement that is not expressed in:
(i) this chapter;
(ii) a municipal ordinance; or
(iii) a municipal specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(g) A municipality may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a municipal ordinance.
(h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
of a certificate of occupancy or acceptance of subdivision improvements because of an
applicant's failure to comply with a requirement that is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the land use permit or
subdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(i) A municipality may not unreasonably withhold issuance of a certificate of
occupancy where an applicant has met all requirements essential for the public health, public
safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i) the applicant and the municipality have agreed in a written document to the
withholding of a certificate of occupancy; or
(ii) the applicant has not provided a financial assurance for required and uncompleted
landscaping or infrastructure improvements in accordance with an applicable ordinance that the
legislative body adopts under this chapter.
(2) A municipality is bound by the terms and standards of applicable land use
regulations and shall comply with mandatory provisions of those regulations.
(3) A municipality may not, as a condition of land use application approval, require a
person filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
10-9a-305
(8) that complies with the requirements of that subsection, the
specified public agency vests in the municipality's applicable land use maps, zoning map,
hookup fees, impact fees, other applicable development fees, and land use regulations in effect
on the date of submission.
(5) (a) If sponsors of a referendum timely challenge a project in accordance with
Subsection 
20A-7-601
(5)[
(a)
], the project's affected owner may rescind the project's land use
approval by delivering a written notice:
(i) to the local clerk as defined in Section 
20A-7-101
; and
(ii) no later than seven days after the day on which a petition for a referendum is
determined sufficient under [
Section
]
Subsection
20A-7-607
[
(5)
]
(4)
.
(b) Upon delivery of a written notice described in Subsection (5)(a) the following are
rescinded and are of no further force or effect:
(i) the relevant land use approval; and
(ii) any land use regulation enacted specifically in relation to the land use approval.
Section 3. Section 
11-14-301
 is amended to read:
11-14-301.
Issuance of bonds by governing body -- Computation of indebtedness
under constitutional and statutory limitations.
(1) If the governing body has declared the bond proposition to have carried and no
contest has been filed, or if a contest has been filed and favorably terminated, the governing
body may proceed to issue the bonds voted at the election.
(2) (a) It is not necessary that all of the bonds be issued at one time, but, except as
otherwise provided in this Subsection (2), bonds approved by the voters may not be issued
more than 10 years after the day on which the election is held.
(b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the
10-year period:
(i) an application for a referendum petition is filed with a local clerk, in accordance
with Section 
20A-7-602
, with respect to the local obligation law relating to the bonds; or
(ii) the bonds are challenged in a court of law or an administrative proceeding in
relation to:
(A) the legality or validity of the bonds, or the election or proceedings authorizing the
bonds;
(B) the authority of the local political subdivision to issue the bonds;
(C) the provisions made for the security or payment of the bonds; or
(D) any other issue that materially and adversely affects the marketability of the bonds,
as determined by the individual or body that holds the executive powers of the local political
subdivision.
(c) For a bond described in this section that is approved by voters on or after May 8,
2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the
later of the day on which:
(i) the local clerk determines that the petition is insufficient, in accordance with
Subsection 
20A-7-607
(2)[
(c)
]
(e)
, unless an application, described in Subsection
20A-7-607
[
(4)
]
(3)
(a), is made to a court;
(ii) a court determines, under Subsection 
20A-7-607
[
(4)
]
(3)
(c), that the petition for the
referendum is not legally sufficient; or
(iii) for a referendum petition that is sufficient, the governing body declares, as
provided by law, the results of the referendum election on the local obligation law.
(d) For a bond described in this section that was approved by voters on or after May
14, 2019, a tolling period described in Subsection (2)(b)(i) ends:
(i) if a county, city, town, metro township, or court determines, under Section
20A-7-602.7
, that the proposed referendum is not legally referable to voters, the later of:
(A) the day on which the county, city, town, or metro township provides the notice
described in Subsection 
20A-7-602.7
(1)(b)(ii); or
(B) if a sponsor appeals, under Subsection 
20A-7-602.7
(4), the day on which a court
decision that the proposed referendum is not legally referable to voters becomes final; or
(ii) if a county, city, town, metro township, or court determines, under Section
20A-7-602.7
, that the proposed referendum is legally referable to voters, the later of:
(A) the day on which the local clerk determines, under Section 
20A-7-607
, that the
number of certified names is insufficient for the proposed referendum to appear on the ballot;
or
(B) if the local clerk determines, under Section 
20A-7-607
, that the number of certified
names is sufficient for the proposed referendum to appear on the ballot, the day on which the
governing body declares, as provided by law, the results of the referendum election on the local
obligation law.
(e) A tolling period described in Subsection (2)(b)(ii) ends after:
(i) there is a final settlement, a final adjudication, or another type of final resolution of
all challenges described in Subsection (2)(b)(ii); and
(ii) the individual or body that holds the executive powers of the local political
subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)
are resolved and final.
(f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection
(2) and, when the tolling ends and after giving effect to the tolling, the period of time
remaining to issue the bonds is less than one year, the period of time remaining to issue the
bonds shall be extended to one year.
(g) The tolling provisions described in this Subsection (2) apply to all bonds described
in this section that were approved by voters on or after May 8, 2002.
(3) (a) Bonds approved by the voters may not be issued to an amount that will cause
the indebtedness of the local political subdivision to exceed that permitted by the Utah
Constitution or statutes.
(b) In computing the amount of indebtedness that may be incurred pursuant to
constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,
as the case may be, shall be applied to the fair market value, as defined under Section 
59-2-102
,
of the taxable property in the local political subdivision, as computed from the last applicable
equalized assessment roll before the incurring of the additional indebtedness.
(c) In determining the fair market value of the taxable property in the local political
subdivision as provided in this section, the value of all tax equivalent property, as defined in
Section 
59-3-102
, shall be included as a part of the total fair market value of taxable property
in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property
Act.
(4) Bonds of improvement districts issued in a manner that they are payable solely
from the revenues to be derived from the operation of the facilities of the district may not be
included as bonded indebtedness for the purposes of the computation.
(5) Where bonds are issued by a city, town, or county payable solely from revenues
derived from the operation of revenue-producing facilities of the city, town, or county, or
payable solely from a special fund into which are deposited excise taxes levied and collected by
the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the
city, town, or county, or any combination of those excise taxes, the bonds shall be included as
bonded indebtedness of the city, town, or county only to the extent required by the Utah
Constitution, and any bonds not so required to be included as bonded indebtedness of the city,
town, or county need not be authorized at an election, except as otherwise provided by the Utah
Constitution, the bonds being hereby expressly excluded from the election requirement of
Section 
11-14-201
.
(6) A bond election is not void when the amount of bonds authorized at the election
exceeded the limitation applicable to the local political subdivision at the time of holding the
election, but the bonds may be issued from time to time in an amount within the applicable
limitation at the time the bonds are issued.
(7) (a) A local political subdivision may not receive, from the issuance of bonds
approved by the voters at an election, an aggregate amount that exceeds by more than 2% the
maximum principal amount stated in the bond proposition.
(b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election
held after January 1, 2019.
Section 4. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
detached from a primary single-family dwelling and contained on one lot.
(2) "Adversely affected party" means a person other than a land use applicant who:
(a) owns real property adjoining the property that is the subject of a land use
application or land use decision; or
(b) will suffer a damage different in kind than, or an injury distinct from, that of the
general community as a result of the land use decision.
(3) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
property owner, property owners association, public utility, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(4) "Affected owner" means the owner of real property that is:
(a) a single project;
(b) the subject of a land use approval that sponsors of a referendum timely challenged
in accordance with Subsection 
20A-7-601
(5)[
(a)
]; and
(c) determined to be legally referable under Section 
20A-7-602.8
.
(5) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(7) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(8) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(9) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(10) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution, Article I, Section 22.
(11) "County utility easement" means an easement that:
(a) a plat recorded in a county recorder's office described as a county utility easement
or otherwise as a utility easement;
(b) is not a protected utility easement or a public utility easement as defined in Section
54-3-27
;
(c) the county or the county's affiliated governmental entity owns or creates; and
(d) (i) either:
(A) no person uses or occupies; or
(B) the county or the county's affiliated governmental entity uses and occupies to
provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
communications or data lines; or
(ii) a person uses or occupies with or without an authorized franchise or other
agreement with the county.
(12) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(13) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(14) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
Sec. 802.
(15) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (15)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (15)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (15)(a)(i); or
(ii) a therapeutic school.
(16) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(17) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(18) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(19) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of:
(a) the unincorporated land within the county; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(20) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(21) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(22) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(23) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(24) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond, cash, assignment of rights, lien, or other equivalent security required
by a county to guaranty the proper completion of landscaping or an infrastructure improvement
required as a condition precedent to:
(a) recording a subdivision plat; or
(b) development of a commercial, industrial, mixed use, or multifamily project.
(25) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and accepted landscaping or infrastructure improvement:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(26) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(27) "Infrastructure improvement" means permanent infrastructure that is essential for
the public health and safety or that:
(a) is required for human consumption; and
(b) an applicant must install:
(i) in accordance with published installation and inspection specifications for public
improvements; and
(ii) as a condition of:
(A) recording a subdivision plat;
(B) obtaining a building permit; or
(C) developing a commercial, industrial, mixed use, condominium, or multifamily
project.
(28) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(29) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(30) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(31) "Land use applicant" means a property owner, or the property owner's designee,
who submits a land use application regarding the property owner's land.
(32) "Land use application":
(a) means an application that is:
(i) required by a county; and
(ii) submitted by a land use applicant to obtain a land use decision; and
(b) does not mean an application to enact, amend, or repeal a land use regulation.
(33) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(34) "Land use decision" means an administrative decision of a land use authority or
appeal authority regarding:
(a) a land use permit;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development
agreement.
(35) "Land use permit" means a permit issued by a land use authority.
(36) "Land use regulation":
(a) means a legislative decision enacted by ordinance, law, code, map, resolution,
specification, fee, or rule that governs the use or development of land;
(b) includes the adoption or amendment of a zoning map or the text of the zoning code;
and
(c) does not include:
(i) a land use decision of the legislative body acting as the land use authority, even if
the decision is expressed in a resolution or ordinance; or
(ii) a temporary revision to an engineering specification that does not materially:
(A) increase a land use applicant's cost of development compared to the existing
specification; or
(B) impact a land use applicant's use of land.
(37) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
(38) "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(39) "Lot" means a tract of land, regardless of any label, that is created by and shown
on a subdivision plat that has been recorded in the office of the county recorder.
(40) (a) "Lot line adjustment" means a relocation of a lot line boundary between
adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
accordance with Section 
17-27a-608
, with the consent of the owners of record.
(b) "Lot line adjustment" does not mean a new boundary line that:
(i) creates an additional lot; or
(ii) constitutes a subdivision.
(41) "Major transit investment corridor" means public transit service that uses or
occupies:
(a) public transit rail right-of-way;
(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
or
(c) fixed-route bus corridors subject to an interlocal agreement or contract between a
municipality or county and:
(i) a public transit district as defined in Section 
17B-2a-802
; or
(ii) an eligible political subdivision as defined in Section 
59-12-2219
.
(42) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(43) "Mountainous planning district" means an area:
(a) designated by a county legislative body in accordance with Section 
17-27a-901
; and
(b) that is not otherwise exempt under Section 
10-9a-304
.
(44) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
(45) "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
(46) "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
(47) "Official map" means a map drawn by county authorities and recorded in the
county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
(48) "Parcel" means any real property that is not a lot created by and shown on a
subdivision plat recorded in the office of the county recorder.
(49) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
agreement in accordance with Section 
57-1-45
, if no additional parcel is created and:
(i) none of the property identified in the agreement is subdivided land; or
(ii) the adjustment is to the boundaries of a single person's parcels.
(b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
line that:
(i) creates an additional parcel; or
(ii) constitutes a subdivision.
(50) "Person" means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
(51) "Plan for moderate income housing" means a written document adopted by a
county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
(52) "Planning advisory area" means a contiguous, geographically defined portion of
the unincorporated area of a county established under this part with planning and zoning
functions as exercised through the planning advisory area planning commission, as provided in
this chapter, but with no legal or political identity separate from the county and no taxing
authority.
(53) "Plat" means a map or other graphical representation of lands that a licensed
professional land surveyor makes and prepares in accordance with Section 
17-27a-603
 or
57-8-13
.
(54) "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
(55) "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
(56) "Public hearing" means a hearing at which members of the public are provided a
reasonable opportunity to comment on the subject of the hearing.
(57) "Public meeting" means a meeting that is required to be open to the public under
Title 52, Chapter 4, Open and Public Meetings Act.
(58) "Public street" means a public right-of-way, including a public highway, public
avenue, public boulevard, public parkway, public road, public lane, public alley, public
viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
easement, or other public way.
(59) "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
(60) "Record of survey map" means a map of a survey of land prepared in accordance
with Section 
10-9a-603
, 
17-23-17
, 
17-27a-603
, or 
57-8-13
.
(61) "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
(62) "Rules of order and procedure" means a set of rules that govern and prescribe in a
public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
(63) "Sanitary sewer authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
(64) "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
(65) "Site plan" means a document or map that may be required by a county during a
preliminary review preceding the issuance of a building permit to demonstrate that an owner's
or developer's proposed development activity meets a land use requirement.
(66) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(67) "Specified public utility" means an electrical corporation, gas corporation, or
telephone corporation, as those terms are defined in Section 
54-2-1
.
(68) "State" includes any department, division, or agency of the state.
(69) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
plat.
(70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
divided into two or more lots or other division of land for the purpose, whether immediate or
future, for offer, sale, lease, or development either on the installment plan or upon any and all
other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
includes all or a portion of a parcel or lot; and
(ii) except as provided in Subsection (70)(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) an agreement recorded with the county recorder's office between owners of
adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
with Section 
57-1-45
 if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous parcel of property that is
not subdivided land into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) an agreement between owners of adjoining subdivided properties adjusting the
mutual lot line boundary in accordance with Section 
10-9a-603
 if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels;
(vii) a parcel boundary adjustment;
(viii) a lot line adjustment;
(ix) a road, street, or highway dedication plat; or
(x) a deed or easement for a road, street, or highway purpose.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection (70) as to the
unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
ordinance.
(71) "Subdivision amendment" means an amendment to a recorded subdivision in
accordance with Section 
17-27a-608
 that:
(a) vacates all or a portion of the subdivision;
(b) alters the outside boundary of the subdivision;
(c) changes the number of lots within the subdivision;
(d) alters a public right-of-way, a public easement, or public infrastructure within the
subdivision; or
(e) alters a common area or other common amenity within the subdivision.
(72) "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
(73) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
(74) "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
(75) "Unincorporated" means the area outside of the incorporated area of a
municipality.
(76) "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
(77) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
land use zones, overlays, or districts.
Section 5. Section 
17-27a-508
 is amended to read:
17-27a-508.
Applicant's entitlement to land use application approval --
Application relating to land in a high priority transportation corridor -- County's
requirements and limitations -- Vesting upon submission of development plan and
schedule.
(1) (a) (i) An applicant who has submitted a complete land use application, including
the payment of all application fees, is entitled to substantive review of the application under the
land use regulations:
(A) in effect on the date that the application is complete; and
(B) applicable to the application or to the information shown on the submitted
application.
(ii) An applicant is entitled to approval of a land use application if the application
conforms to the requirements of the applicable land use regulations, land use decisions, and
development standards in effect when the applicant submits a complete application and pays all
application fees, unless:
(A) the land use authority, on the record, formally finds that a compelling,
countervailing public interest would be jeopardized by approving the application and specifies
the compelling, countervailing public interest in writing; or
(B) in the manner provided by local ordinance and before the applicant submits the
application, the county formally initiates proceedings to amend the county's land use
regulations in a manner that would prohibit approval of the application as submitted.
(b) The county shall process an application without regard to proceedings the county
initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the county initiated the proceedings; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(c) A land use application is considered submitted and complete when the applicant
provides the application in a form that complies with the requirements of applicable ordinances
and pays all applicable fees.
(d) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(e) A county may not impose on an applicant who has submitted a complete
application a requirement that is not expressed:
(i) in this chapter;
(ii) in a county ordinance; or
(iii) in a county specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(f) A county may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a county ordinance.
(g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
certificate of occupancy or acceptance of subdivision improvements because of an applicant's
failure to comply with a requirement that is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the building permit or
subdivision plat; or
(ii) in this chapter or the county's ordinances.
(h) A county may not unreasonably withhold issuance of a certificate of occupancy
where an applicant has met all requirements essential for the public health, public safety, and
general welfare of the occupants, in accordance with this chapter, unless:
(i) the applicant and the county have agreed in a written document to the withholding
of a certificate of occupancy; or
(ii) the applicant has not provided a financial assurance for required and uncompleted
landscaping or infrastructure improvements in accordance with an applicable ordinance that the
legislative body adopts under this chapter.
(2) A county is bound by the terms and standards of applicable land use regulations and
shall comply with mandatory provisions of those regulations.
(3) A county may not, as a condition of land use application approval, require a person
filing a land use application to obtain documentation regarding a school district's willingness,
capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
17-27a-305
(8) that complies with the requirements of that subsection,
the specified public agency vests in the county's applicable land use maps, zoning map, hookup
fees, impact fees, other applicable development fees, and land use regulations in effect on the
date of submission.
(5) (a) If sponsors of a referendum timely challenge a project in accordance with
Subsection 
20A-7-601
(5)[
(a)
], the project's affected owner may rescind the project's land use
approval by delivering a written notice:
(i) to the local clerk as defined in Section 
20A-7-101
; and
(ii) no later than seven days after the day on which a petition for a referendum is
determined sufficient under [
Section
] 
Subsection
20A-7-607
[
(5)
]
(4)
.
(b) Upon delivery of a written notice described in Subsection (5)(a) the following are
rescinded and are of no further force or effect:
(i) the relevant land use approval; and
(ii) any land use regulation enacted specifically in relation to the land use approval.
Section 6. Section 
20A-1-609
 is amended to read:
20A-1-609.
Omnibus penalties.
(1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of
this title is guilty of a class B misdemeanor.
(b) Subsection (1)(a) does not apply to a provision of this title for which another
penalty is expressly stated.
(c) An individual is not guilty of a crime for, by signing a petition for an initiative or
referendum, falsely making the statement described in Subsection 
20A-7-203
(2)[
(e)
]
(h)
(ii),
20A-7-303
(2)(h)(ii), 
20A-7-503
(2)[
(e)
]
(h)(ii)
, or 
20A-7-603
(2)(h).
(2) Except as provided by Section 
20A-2-101.3
 or 
20A-2-101.5
, an individual
convicted of any offense under this title may not:
(a) file a declaration of candidacy for any office or appear on the ballot as a candidate
for any office during the election cycle in which the violation occurred;
(b) take or hold the office to which the individual was elected; and
(c) receive the emoluments of the office to which the individual was elected.
(3) (a) Any individual convicted of any offense under this title forfeits the right to vote
at any election unless the right to vote is restored as provided in Section 
20A-2-101.3
 or
20A-2-101.5
.
(b) Any person may challenge the right to vote of a person described in Subsection
(3)(a) by following the procedures and requirements of Section 
20A-3a-803
.
Section 7. Section 
20A-7-202
 is amended to read:
20A-7-202.
Statewide initiative process -- Application procedures -- Time to
gather signatures -- Grounds for rejection.
(1) [
Persons
] 
Individuals
 wishing to circulate an initiative petition shall file an
application with the lieutenant governor.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the initiative petition;
(b) a statement indicating that each of the sponsors[
: (i)
] is a resident of Utah; [
and
]
[
(ii) has voted in a regular general election in Utah within the last three years;
]
(c) the signature of each of the sponsors, attested to by a notary public;
(d) a copy of the proposed law that includes, in the following order:
(i) the title of the proposed law, that clearly expresses the subject of the law;
(ii) a description of all proposed sources of funding for the costs associated with the
proposed law, including the proposed percentage of total funding from each source; and
(iii) the text of the proposed law;
(e) if the initiative petition proposes a tax increase, the following statement, "This
initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."; and
(f) a statement indicating whether persons gathering signatures for the petition may be
paid for [
doing so
] 
gathering signatures
.
(3) 
(a) An individual's status as a resident, under Subsection (2), is determined in
accordance with Section 
20A-2-105
.
(b)
 The application and the application's contents are public when filed with the
lieutenant governor.
(4) If the petition fails to qualify for the ballot of the election described in Subsection
20A-7-201
(2)(b), the sponsors shall:
(a) submit a new application;
(b) obtain new signature sheets; and
(c) collect signatures again.
(5) The lieutenant governor shall reject the application or application addendum filed
under Subsection 
20A-7-204.1
(5) and not issue circulation sheets if:
(a) the law proposed by the initiative is patently unconstitutional;
(b) the law proposed by the initiative is nonsensical;
(c) the proposed law could not become law if passed;
(d) the proposed law contains more than one subject as evaluated in accordance with
Subsection (6);
(e) the subject of the proposed law is not clearly expressed in the law's title; or
(f) the law proposed by the initiative is identical or substantially similar to a law
proposed by an initiative for which signatures were submitted to the county clerks and
lieutenant governor for certification within two years preceding the date on which the
application for the new initiative is filed.
(6) To evaluate whether the proposed law contains more than one subject under
Subsection (5)(d), the lieutenant governor shall apply the same standard provided in Utah
Constitution, Article VI, Section 22, which prohibits a bill from passing that contains more
than one subject.
Section 8. Section 
20A-7-203
 is amended to read:
20A-7-203.
Form of initiative petition and signature sheets.
(1) (a) Each proposed initiative petition shall be printed in substantially the following
form:
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
regular general election/session to be held/ beginning on _________(month\day\year);
Each signer says:
I have personally signed this petition;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I have personally reviewed the entire statement included with this packet;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name.
NOTICE TO SIGNERS:
Public hearings to discuss this petition were held at: (list dates and locations of public
hearings.)"
.
(b) If the initiative petition proposes a tax increase, the following statement shall
appear, in at least 14-point, bold type, immediately following the information described in
Subsection (1)(a):
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
.
(c) The sponsors of an initiative 
or an agent of the sponsors
 shall attach a copy of the
proposed law to each initiative petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the initiative printed below the horizontal line, in at least
14-point, bold type;
(d) contain the word "Warning" printed or typed at the top of each signature sheet
under the title of the initiative;
(e) contain, to the right of the word "Warning," the following statement printed or
typed in not less than eight-point type:
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same measure, or to sign an initiative petition when the individual knows that the
individual is not a registered voter and knows that the individual does not intend to become
registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines, three-eighths inch apart, under the warning
statement described in Subsection (2)(e); and
[
(d)
] 
(g)
 be vertically divided into columns as follows:
(i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
(ii) the second column shall be .25 inch wide;
(iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
Voter";
(v) the fifth column shall be .75 inch wide, headed "Date Signed";
(vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
Code"; and
(vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
[
(e)
] 
(h)
 be horizontally divided into rows as follows:
(i) the top of the first row, for the purpose of entering the information described in
Subsection (2)[
(d)
]
(g)
, shall be .5 inch high;
(ii) the second row shall be .15 inch high and contain the following statement printed
or typed in not less than 12-point type:
"By signing this petition, you are stating that you have read and understand the law
proposed by this petition."; and
(iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
bottom of the sheet for the information described in Subsection (2)[
(f)
]
(i)
; and
[
(f)
] 
(i)
 at the bottom of the sheet, contain in the following order:
[
(i) the title of the initiative, in at least 14-point, bold type;
]
[
(ii)
] 
(i)
 except as provided in Subsection (4), the initial fiscal impact estimate's
summary statement issued by the Office of the Legislative Fiscal Analyst in accordance with
Subsection 
20A-7-202.5
(2)(a), including any update in accordance with Subsection
20A-7-204.1
(5), in not less than 12-point, bold type;
[
(iii) the word "Warning," followed by the following statement in not less than
eight-point type:
]
[
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same measure, or to sign an initiative petition when the individual knows that the
individual is not a registered voter and knows that the individual does not intend to become
registered to vote before the certification of the petition names by the county clerk.";
]
[
(iv)
] 
(ii)
 the following statement: "Birth date or age information is not required, but it
may be used to verify your identity with voter registration records. If you choose not to provide
it, your signature may not be verified as a valid signature if you change your address before
petition signatures are verified or if the information you provide does not match your voter
registration records."; and
[
(v)
] 
(iii)
 if the initiative petition proposes a tax increase, spanning the bottom of the
sheet, horizontally, in not less than 14-point, bold type, the following statement:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
.
(3) The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am a resident of Utah and am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be
the individuals whose names appear in it, and each of the individuals signed the individual's
name on it in my presence;
I did not knowingly make a misrepresentation of fact concerning the law proposed by
the initiative;
I believe that each individual has printed and signed the individual's name and written
the individual's post office address and residence correctly, that each signer has read and
understands the law proposed by the initiative, and that each signer is registered to vote in Utah
or intends to become registered to vote before the certification of the petition names by the
county clerk.
Each individual who signed the packet wrote the correct date of signature next to the
individual's name.
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it.
________________________________________________________________________
(Name) (Residence Address) (Date)"
.
(4) If the initial fiscal impact estimate described in Subsection (2)[
(f)
]
(i)
, as updated in
accordance with Subsection 
20A-7-204.1
(5), exceeds 200 words, the Office of the Legislative
Fiscal Analyst shall prepare a shorter summary statement, for the purpose of inclusion on a
signature sheet, that does not exceed 200 words.
(5) If the forms described in this section are substantially followed, the initiative
petitions are sufficient, notwithstanding clerical and merely technical errors.
(6) An individual's status as a resident, under Subsection (3), is determined in
accordance with Section 
20A-2-105
.
Section 9. Section 
20A-7-204
 is amended to read:
20A-7-204.
Circulation requirements -- Lieutenant governor to provide sponsors
with materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors 
or an agent of the sponsors
 shall
, after the sponsors receive the documents described
in Subsection (2),
 circulate initiative packets that meet the form requirements of this part.
(2) The lieutenant governor shall furnish to the sponsors:
(a) a copy of the initiative petition, with any change submitted under Subsection
20A-7-204.1
(5); and
(b) [
one
] 
a
 signature sheet.
(3) The sponsors of the petition shall:
(a) arrange and pay for the printing of all additional copies of the petition and signature
sheets; and
(b) ensure that the copies of the petition and signature sheets meet the form
requirements of this section.
(4) (a) The sponsors 
or an agent of the sponsors
 may prepare the initiative for
circulation by creating multiple initiative packets.
(b) The sponsors 
or an agent of the sponsors
 shall create [
those
] 
the initiative
 packets
by binding a copy of the initiative petition, a copy of the proposed law, and no more than 50
signature sheets together at the top in [
such a way
] 
a manner
 that the packets may be
conveniently opened for signing.
(c) [
The sponsors need not attach
] 
An initiative packet is not required to have
 a
uniform number of signature sheets [
to each initiative packet
].
[
(5) (a) After the sponsors have prepared sufficient initiative packets, they shall return
them to the lieutenant governor.
]
(5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(i) contact the lieutenant governor's office to receive a range of numbers that the
sponsors may use to number signature packets; and
(ii) number each signature packet, sequentially, within the range of numbers provided
by the lieutenant governor's office, starting with the lowest number in the range.
(b) The sponsors or an agent of the sponsors may not:
(i) number a signature packet in a manner not directed by the lieutenant governor's
office; or
(ii) circulate or submit a signature packet that is not numbered in the manner directed
by the lieutenant governor's office.
[
(b)
] 
(c)
 The lieutenant governor shall[
:
] 
keep a record of the number range provided
under Subsection (5)(a).
[
(i) number each of the initiative packets and return them to the sponsors within five
working days; and
]
[
(ii) keep a record of the numbers assigned to each packet.
]
Section 10. Section 
20A-7-205
 is amended to read:
20A-7-205.
Obtaining signatures -- Verification -- Removal of signature.
(1) A Utah voter may sign an initiative petition if the voter is a legal voter.
(2) (a) The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
(ii) verifies each signature sheet by completing the verification printed on the last page
of each initiative packet; and
(iii) is informed that each signer is required to read and understand the law proposed by
the initiative.
(b) [
A person
] 
An individual
 may not sign the verification printed on the last page of
the initiative packet if the person signed a signature sheet in the initiative packet.
(3) (a) A voter who has signed an initiative petition may have the voter's signature
removed from the petition by submitting to the county clerk a statement requesting that the
voter's signature be removed before 5 p.m. no later than the earlier of:
(i) for an initiative packet received by the county clerk before December 1:
(A) 30 days after the day on which the voter signs the signature removal statement; or
(B) 90 days after the day on which the [
county clerk
] 
lieutenant governor
 posts the
voter's name under Subsection [
20A-7-206
(2)(c)
] 
20A-7-207
(2)(a)
; or
(ii) for an initiative packet received by the county clerk on or after December 1:
(A) 30 days after the day on which the voter signs the signature removal statement; or
(B) 45 days after the day on which the [
county clerk
] 
lieutenant governor
 posts the
voter's name under Subsection [
20A-7-206
(3)(c);
] 
20A-7-207
(2)(a).
(b) (i) The statement shall include:
(A) the name of the voter;
(B) the resident address at which the voter is registered to vote;
(C) the signature of the voter; and
(D) the date of the signature described in Subsection (3)(b)(i)(C).
(ii) To increase the likelihood of the voter's signature being identified and removed, the
statement may include the voter's birth date or age.
(c) A voter may not submit a statement by email or other electronic means.
(d) In order for the signature to be removed, the county clerk must receive the
statement before 5 p.m. no later than the applicable deadline described in Subsection (3)(a).
[
(d)
] 
(e)
 A person may only remove a signature from an initiative petition in
accordance with this Subsection (3).
[
(e)
] 
(f)
 A county clerk shall analyze a signature, for purposes of removing a signature
from an initiative petition, in accordance with Section 
20A-7-206.3
.
Section 11. Section 
20A-7-206
 is amended to read:
20A-7-206.
Submitting the initiative petition -- Certification of signatures by the
county clerks -- Transfer to lieutenant governor.
(1) (a) [
In order to qualify an initiative petition for placement on the regular general
election ballot, the
] 
The
 sponsors 
or an agent of the sponsors
 shall [
deliver
] 
submit
 a signed
and verified initiative packet to the county clerk of the county in which the packet was
circulated before 5 p.m. no later than the earlier of:
(i) 30 days after the day on which the first individual signs the initiative packet;
(ii) 316 days after the day on which the application for the initiative petition is filed; or
(iii) the February 15 immediately before the next regular general election immediately
after the application is filed under Section 
20A-7-202
.
(b) A [
sponsor
] 
person
 may not submit an initiative packet after the deadline described
in Subsection (1)(a).
(2) [
For an initiative packet received by the county clerk before December 1, the
] 
The
county clerk shall, within [
] 
 days after the day on which the county clerk receives the
packet:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-206.3
;
(b) certify on the petition whether each name is that of a registered voter;
(c) 
except as provided in Subsection (3),
 post the name and voter identification number
of each registered voter certified under Subsection (2)(b) [
in a conspicuous location on the
county's website for at least 90 days
] 
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor
; and
(d) deliver the verified initiative packet to the lieutenant governor.
[
(3) For an initiative packet received by the county clerk on or after December 1, the
county clerk shall, within 21 days after the day on which the county clerk receives the packet:
]
[
(a) determine whether each signer is a registered voter according to the requirements
of Section 
20A-7-206.3
;
]
[
(b) certify on the petition whether each name is that of a registered voter;
]
[
(c) post the name and voter identification number of each registered voter certified
under Subsection (2)(b) in a conspicuous location on the county's website for at least 45 days;
and
]
[
(d) deliver the verified initiative packet to the lieutenant governor.
]
[
(4) Within seven days after timely receipt of a statement described in Subsection
20A-7-205
(3), the county clerk shall:
]
[
(a) remove the voter's name and voter identification number from the posting
described in Subsection (2)(c) or (3)(c); and
]
[
(b) (i) remove the voter's signature from the signature packet totals; and
]
[
(ii) inform the lieutenant governor of the removal.
]
(3) (a) If the county clerk timely receives a statement requesting signature removal
under Subsection 
20A-7-205
(3), the county clerk shall:
(i) ensure that the voter's name and voter identification number are not included in the
posting described in Subsection (2)(c); and
(ii) remove the voter's signature from the signature packets and signature packet totals.
(b) The county clerk shall comply with Subsection (3)(a) before the later of:
(i) the deadline described in Subsection (2); or
(ii) two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection 
20A-7-205
(3).
[
(5)
] 
(4)
 The county clerk may not certify a signature under Subsection (2) [
or (3)
]:
(a) on an initiative packet that is not verified in accordance with Section 
20A-7-205
; or
(b) that does not have a date of signature next to the signature.
[
(6) In order to qualify an initiative petition for submission to the Legislature, the
sponsors shall deliver each signed and verified initiative packet to the county clerk of the
county in which the packet was circulated before 5 p.m. no later than the November 15 before
the next annual general session of the Legislature immediately after the application is filed
under Section 
20A-7-202
.
]
[
(7) The county clerk may not certify a signature under Subsection (8) on an initiative
packet that is not verified in accordance with Section 
20A-7-205
.
]
[
(8) No later than December 15 before the annual general session of the Legislature,
the county clerk shall, for an initiative described in Subsection (6):
]
[
(a) determine whether each signer is a registered voter according to the requirements
of Section 
20A-7-206.3
;
]
[
(b) certify on the petition whether each name is that of a registered voter; and
]
[
(c) deliver all of the verified initiative packets to the lieutenant governor.
]
[
(9) The sponsor or a sponsor's representative may not retrieve an initiative packet
from a county clerk after the initiative packet is submitted to the county clerk.
]
(5) A person may not retrieve an initiative packet from a county clerk, or make any
alterations or corrections to an initiative packet, after the initiative packet is submitted to the
county clerk.
Section 12. Section 
20A-7-206.1
 is enacted to read:
 20A-7-206.1.
Provisions relating only to process for submitting an initiative to the
Legislature for approval or rejection.
(1) This section relates only to the process, described in Subsection 
20A-7-201
(1), for
submitting an initiative to the Legislature for approval or rejection.
(2) Notwithstanding Section 
20A-7-205
, in order to qualify an initiative petition for
submission to the Legislature, the sponsors, or an agent of the sponsors, shall deliver each
signed and verified initiative packet to the county clerk of the county in which the packet was
circulated before 5 p.m. no later than November 15 before the next annual general session of
the Legislature immediately after the application is filed under Section 
20A-7-202
.
(3) Notwithstanding Section 
20A-7-205
, no later than December 15 before the annual
general session of the Legislature, the county clerk shall, for an initiative for submission to the
Legislature:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-206.3
;
(b) certify on the petition whether each name is that of a registered voter; and
(c) deliver the verified packets to the lieutenant governor.
(4) The county clerk may not certify a signature under Subsection (3) on an initiative
packet that is not verified in accordance with Section 
20A-7-205
.
(5) A person may not retrieve an initiative packet from a county clerk, or make any
alterations or corrections to an initiative packet, after the initiative packet is submitted to the
county clerk.
Section 13. Section 
20A-7-207
 is amended to read:
20A-7-207.
Evaluation by the lieutenant governor.
(1) When 
the lieutenant governor receives
 an initiative packet [
is received
] from a
county clerk, the lieutenant governor shall [
check off from the
] record the number of the
initiative packet received.
[
(2) (a) The lieutenant governor shall, within 14 days after the day on which the
lieutenant governor receives an initiative packet from a county clerk:
]
(2) (a) The county clerk shall:
(i) post the names and voter identification numbers described in Subsection
20A-7-206
(2)(c) on the lieutenant governor's website, in a conspicuous location designated by
the lieutenant governor:
(A) for an initiative packet received by the county clerk before December 1, for at least
days; or
(B) for an initiative packet received by the county clerk on or after December 1, for at
least 45 days; and
[
(i) count the number of the names certified by the county clerks on each verified
signature sheet; and
]
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update.
(b) The lieutenant governor
:
(i)
 shall
, except as provided in Subsection (2)(b)(ii),
 declare the petition to be sufficient
or insufficient on [
or before
] April 30 before the regular general election described in
Subsection 
20A-7-201
(2)(b)[
.
]
; or
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(b)(i) if:
(A) the total of all valid signatures on timely and lawfully submitted signature packets
that have been certified by the county clerks, plus the number of signatures on timely and
lawfully submitted signature packets that have not yet been evaluated for certification, is less
than the number of names required under Section 
20A-7-201
; or
(B) a requirement of this part has not been met.
(c) If the total number of names certified under this Subsection (2) equals or exceeds
the number of names required under Section 
20A-7-201
, and the requirements of this part are
met, the lieutenant governor shall mark upon the front of the petition the word "sufficient."
(d) If the total number of names certified under this Subsection (2) does not equal or
exceed the number of names required under Section 
20A-7-201
 or a requirement of this part is
not met, the lieutenant governor shall mark upon the front of the petition the word
"insufficient."
(e) The lieutenant governor shall immediately notify any one of the sponsors of the
lieutenant governor's finding.
(3) After a petition is declared insufficient, [
the sponsors
] 
a person
 may not submit
additional signatures to qualify the petition for the ballot.
(4) (a) If the lieutenant governor refuses to accept and file an initiative petition that a
[
sponsor
] 
voter
 believes is legally sufficient, [
any
] 
the
 voter may, [
not
] 
no
 later than May 15,
apply to the appropriate court for an extraordinary writ to compel the lieutenant governor to
accept and file the initiative petition.
(b) If the court [
certifies
] 
determines
 that the initiative petition is legally sufficient, the
lieutenant governor shall file the [
initiative
] petition, with a verified copy of the judgment
attached to the [
initiative
] petition, as of the date on which the [
initiative
] petition was
originally offered for filing in the lieutenant governor's office.
(c) If the court determines that a petition filed is not legally sufficient, the court may
enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
and numbers of that measure on the official ballot.
(5) A petition determined to be sufficient in accordance with this section is qualified
for the ballot.
Section 14. Section 
20A-7-209
 is amended to read:
20A-7-209.
Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) On or before June 5 before the regular general election, the lieutenant governor
shall deliver a copy of all of the proposed laws that have qualified for the ballot to the Office of
Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state initiative that has qualified for the ballot "Proposition Number __"
and give it a number as assigned under Section 
20A-6-107
;
(ii) prepare an impartial ballot title for each initiative summarizing the contents of the
measure; and
(iii) return each petition and ballot title to the lieutenant governor [
by
] 
on or before
June 26.
(b) The ballot title may be distinct from the title of the proposed law attached to the
initiative petition, and [
shall be not more than
] 
may not exceed
words.
(c) If the initiative proposes a tax increase, the Office of Legislative Research and
General Counsel shall include the following statement, in bold, in the ballot title:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
.
(d) For each state initiative, the official ballot shall show, in the following order:
(i) the number of the initiative [
as determined by the Office of Legislative Research
and General Counsel
]
, determined in accordance with Section 
20A-6-107
;
(ii) the initial fiscal impact estimate prepared under Section 
20A-7-202.5
, as updated
under Section 
20A-7-204.1
; and
(iii) the ballot title [
as determined by the Office of Legislative Research and General
Counsel
] 
described in this section
.
(3) On or before June 27, the lieutenant governor shall mail a copy of the ballot title to
any sponsor of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, on or before July 6,
challenge the wording of the ballot title prepared by the Office of Legislative Research and
General Counsel to the appropriate court.
(ii) After receipt of the challenge, the court shall direct the lieutenant governor to send
notice of the challenge to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; or
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the [
person
] 
individual
 designated to receive notice
about any issues relating to the initiative.
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the initiative.
(ii) The court may not revise the wording of the ballot title unless the plaintiffs rebut
the presumption by clearly and convincingly establishing that the ballot title is patently false or
biased.
(c) The court shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) certify to the lieutenant governor a ballot title for the measure that meets the
requirements of this section.
(d) The lieutenant governor shall certify the title verified by the court to the county
clerks to be printed on the official ballot.
Section 15. Section 
20A-7-302
 is amended to read:
20A-7-302.
Referendum process -- Application procedures.
(1) [
Persons
] 
Individuals
 wishing to circulate a referendum petition shall file an
application with the lieutenant governor before 5 p.m. within five calendar days after the day
on which the legislative session at which the law passed ends.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the referendum petition;
(b) a [
certification
] 
statement
 indicating that each of the sponsors[
:
] 
is registered to
vote in Utah;
[
(i) is a voter; and
]
[
(ii) has voted in a regular general election in Utah within the last three years;
]
(c) a statement indicating whether persons gathering signatures for the petition may be
paid for gathering signatures;
[
(c)
] 
(d)
 the signature of each of the sponsors, attested to by a notary public; and
[
(d)
] 
(e)
 a copy of the law.
Section 16. Section 
20A-7-303
 is amended to read:
20A-7-303.
Form of referendum petition and signature sheets.
(1) (a) Each proposed referendum petition shall be printed in substantially the
following form:
"REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:
We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No. 
____, entitled (title of act, and, if the petition is against less than the whole act, set forth here
the part or parts on which the referendum is sought), passed by [
the ____ Session of
] the
Legislature of the state of Utah 
during the ____ Session
, be referred to the people of Utah for
their approval or rejection at a regular general election or a statewide special election;
Each signer says:
I have personally signed this petition;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I have personally reviewed the entire statement included with this packet;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name."
.
(b) The sponsors of a referendum 
or an agent of the sponsors
 shall attach a copy of the
law that is the subject of the referendum to each referendum petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the referendum printed below the horizontal line, in at least
14-point, bold type;
(d) contain the word "Warning" printed or typed at the top of each signature sheet
under the title of the referendum;
(e) contain, to the right of the word "Warning," the following statement printed or
typed in not less than eight-point[
, single-leaded
] type:
"It is a class A misdemeanor for an individual to sign a referendum petition with any
other name than the individual's own name, or knowingly to sign the individual's name more
than once for the same measure, or to sign a referendum petition when the individual knows
that the individual is not a registered voter and knows that the individual does not intend to
become registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines, three-eighths inch apart under the [
"Warning"
]
warning
 statement [
required by this section
] 
described in Subsection (2)(e)
; and
(g) be vertically divided into columns as follows:
(i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
(ii) the second column shall be .25 inch wide;
(iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
Voter";
(v) the fifth column shall be .75 inch wide, headed "Date Signed";
(vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
Code"; and
(vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
(h) be horizontally divided into rows as follows:
(i) the top of the first row, for the purpose of entering the information described in
Subsection (2)(g), shall be .5 inch high;
(ii) the second row shall be .15 inch high and contain the following statement printed
or typed in not less than 12-point type:
"By signing this petition, you are stating that you have read and understand the law this
petition seeks to overturn."; and
(iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
bottom of the sheet for the information described in Subsection (2)(i); and
(i) at the bottom of the sheet, contain the following statement: "Birth date or age
information is not required, but it may be used to verify your identity with voter registration
records. If you choose not to provide it, your signature may not be verified as a valid signature
if you change your address before petition signatures are verified or if the information you
provide does not match your voter registration records."
.
(3) The final page of each referendum packet shall contain the following printed or
typed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state, under penalty of perjury, that:
I am a Utah resident and am at least 18 years old;
All the names that appear in this packet were signed by individuals who professed to be
the individuals whose names appear in it, and each of the individuals signed the individual's
name on it in my presence;
I did not knowingly make a misrepresentation of fact concerning the law this petition
seeks to overturn;
I believe that each individual has printed and signed the individual's name and written
the individual's post office address and residence correctly, that each signer has read and
understands the law that the referendum seeks to overturn, and that each signer is registered to
vote in Utah or intends to become registered to vote before the certification of the petition
names by the county clerk.
Each individual who signed the packet wrote the correct date of signature next to the
individual's name.
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it.
________________________________________________________________________
(Name) (Residence Address) (Date)"
.
(4) If the forms described in this section are substantially followed, the referendum
petitions are sufficient, notwithstanding clerical and merely technical errors.
(5) An individual's status as a resident, under Subsection (3), is determined in
accordance with Section 
20A-2-105
.
Section 17. Section 
20A-7-304
 is amended to read:
20A-7-304.
Circulation requirements -- Lieutenant governor to provide sponsors
with materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors [
shall
] 
or an agent of the sponsors shall, after the sponsors receive the documents
described in Subsection (2),
 circulate referendum packets that meet the form requirements of
this part.
(2) The lieutenant governor shall furnish to the sponsors:
(a) a copy of the referendum petition; and
(b) a signature sheet.
(3) The sponsors of the petition shall:
(a) arrange and pay for the printing of all additional copies of the petition and signature
sheets; and
(b) ensure that the copies of the petition and signature sheets meet the form
requirements of this section.
(4) (a) The sponsors 
or an agent of the sponsors
 may prepare the referendum for
circulation by creating multiple referendum packets.
(b) The sponsors 
or an agent of the sponsors
 shall create [
those
] 
referendum
 packets by
binding a copy of the referendum petition, a copy of the law that is the subject of the
referendum, and no more than 50 signature sheets together at the top in [
such a way
] 
a manner
that the packets may be conveniently opened for signing.
(c) [
The sponsors need not attach
] 
A referendum packet is not required to have
 a
uniform number of signature sheets [
to each referendum packet
].
[
(5) (a) After the sponsors have prepared sufficient referendum packets, they shall
return them to the lieutenant governor.
]
(5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(i) contact the lieutenant governor's office to receive a range of numbers that the
sponsors may use to number signature packets; and
(ii) number each signature packet, sequentially, within the range of numbers provided
by the lieutenant governor's office, starting with the lowest number in the range.
(b) The sponsors or an agent of the sponsors may not:
(i) number a signature packet in a manner not directed by the lieutenant governor's
office; or
(ii) circulate or submit a signature packet that is not numbered in the manner directed
by the lieutenant governor's office.
[
(b)
] 
(c)
 The lieutenant governor shall[
:
] 
keep a record of the number range provided
under Subsection (5)(a).
[
(i) number each of the referendum packets and return them to the sponsors within five
working days; and
]
[
(ii) keep a record of the numbers assigned to each packet.
]
Section 18. Section 
20A-7-305
 is amended to read:
20A-7-305.
Obtaining signatures -- Verification -- Removal of signature.
(1) A Utah voter may sign a referendum petition if the voter is a legal voter.
(2) (a) The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
(ii) verifies each signature sheet by completing the verification printed on the last page
of each referendum packet; and
(iii) is informed that each signer is required to read and understand the law that the
referendum seeks to overturn.
(b) [
A person
] 
An individual
 may not sign the verification printed on the last page of
the referendum packet if the person signed a signature sheet in the referendum packet.
(3) (a) A voter who has signed a referendum petition may have the voter's signature
removed from the petition by submitting to the county clerk a statement requesting that the
voter's signature be removed 
before 5 p.m.
 no later than the earlier of:
(i) [
] 
 days after the day on which the voter signs the statement requesting
removal; or
(ii) 45 days after the day on which the [
county clerk
] 
lieutenant governor
 posts the
voter's name under Subsection [
20A-7-306
(3)(c)
] 
20A-7-307
(2)(a)
.
(b) (i) The statement shall include:
(A) the name of the voter;
(B) the resident address at which the voter is registered to vote;
(C) the signature of the voter; and
(D) the date of the signature described in Subsection (3)(b)(i)(C).
(ii) To increase the likelihood of the voter's signature being identified and removed, the
statement may include the voter's birth date or age.
(c) A voter may not submit a statement by email or other electronic means.
(d) In order for the signature to be removed, the county clerk must receive the
statement before 5 p.m. no later than 45 days after the day on which the [
county clerk
]
lieutenant governor
 posts the voter's name under Subsection [
20A-7-306
(3)(c)
]
20A-7-307
(2)(a)
.
(e) A person may only remove a signature from a referendum petition in accordance
with this Subsection (3).
(f) A county clerk shall analyze a signature, for purposes of removing a signature from
a referendum petition, in accordance with Section 
20A-7-206.3
.
Section 19. Section 
20A-7-306
 is amended to read:
20A-7-306.
Submitting the referendum petition -- Certification of signatures by
the county clerks -- Transfer to lieutenant governor.
(1) (a) The sponsors 
or an agent of the sponsor
 shall [
deliver
] 
submit
 a signed and
verified referendum packet to the county clerk of the county in which the packet was circulated
before 5 p.m. no later than the earlier of:
(i) [
] 
 days after the day on which the first individual signs the referendum packet;
or
(ii) 40 days after the day on which the legislative session at which the law passed ends.
(b) A [
sponsor
] 
person
 may not submit a referendum packet after the deadline
described in Subsection (1)(a).
[
(2) (a) No later than 14 days after the day on which the county clerk receives a verified
referendum packet, the county clerk shall:
]
[
(i) check the name of each individual who completes the verification on the last page
of each referendum packet to determine whether the individual is a resident of Utah and is at
least 18 years old; and
]
[
(ii) submit the name of each individual who is not a Utah resident or who is not at
least 18 years old to the attorney general and county attorney.
]
[
(b) The county clerk may not certify a signature under Subsection (3):
]
[
(i) on a referendum packet that is not verified in accordance with Section 
20A-7-305
;
or
]
[
(ii) that does not have a date of signature next to the signature.
]
[
(3)
] 
(2)
 No later than [
] 
 days after the day on which the county clerk receives a
verified referendum packet, the county clerk shall:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-306.3
;
(b) certify on the [
referendum
] petition whether each name is that of a registered voter;
(c) 
except as provided in Subsection (3),
 post the name and voter identification number
of each registered voter certified under Subsection [
(3)
] 
(2)
(b) [
in a conspicuous location on the
county's website for at least 45 days
] 
on the lieutenant governor's website, in a conspicuous
location designated by the lieutenant governor
; and
(d) deliver the verified [
referendum
] packet to the lieutenant governor.
[
(4) The county clerk shall, after timely receipt of a statement requesting signature
removal under Subsection 
20A-7-305
(3), remove the voter's name and voter identification
number from the posting described in Subsection (3)(c), and notify the lieutenant governor's
office of the removal, the earlier of:
]
[
(a) within two business days after the day on which the the county clerk timely
receives the statement; or
]
[
(b) 99 days after the day on which the legislative session at which the law passed
ends.
]
(3) (a) If the county clerk timely receives a statement requesting signature removal
under Subsection 
20A-7-305
(3), the county clerk shall:
(i) ensure that the voter's name and voter identification number are not included in the
posting described in Subsection (2)(c); and
(ii) remove the voter's signature from the signature packets and signature packet totals.
(b) The county clerk shall comply with Subsection (3)(a) before the later of:
(i) the deadline described in Subsection (2); or
(ii) two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection 
20A-7-305
(3).
(4) The county clerk may not certify a signature under Subsection (2):
(a) on an initiative packet that is not verified in accordance with Section 
20A-7-305
; or
(b) that does not have a date of signature next to the signature.
[
(5) The sponsor or a sponsor's representative
]
(5) A person
 may not retrieve a referendum packet from a county clerk
, or make any
alterations or corrections to a referendum packet,
 after the referendum packet is submitted to
the county clerk.
Section 20. Section 
20A-7-306.3
 is amended to read:
20A-7-306.3.
Verification of petition signatures.
(1) 
As used in this section:
(a) [
For the purposes of this section, "substantially
] 
"Substantially
 similar name"
means:
(i) the given name and surname shown on the petition, or both, contain only minor
spelling differences when compared to the given name and surname shown on the official
register;
(ii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is a
commonly used abbreviation or variation of the other;
(iii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is
accompanied by a first or middle initial or a middle name which is not shown on the other
record; or
(iv) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is an
alphabetically corresponding initial that has been provided in the place of a given name shown
on the other record.
(b) [
For the purposes of this section, "substantially
] 
"Substantially
 similar name" does
not [
mean
] 
include
 a name having an initial or a middle name shown on the petition that does
not match a different initial or middle name shown on the official register.
(2) The county clerk shall use the following procedures in determining whether [
or not
]
a signer is a registered voter:
(a) When a signer's name and address shown on the petition exactly match a name and
address shown on the official register and the signer's signature appears substantially similar to
the signature on the statewide voter registration database, the county clerk shall declare the
signature valid.
(b) When there is no exact match of an address and a name, the county clerk shall
declare the signature valid if:
(i) the address on the petition matches the address of a person on the official register
with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the person described in Subsection (2)(b)(i).
(c) When there is no match of an address and a substantially similar name, the county
clerk shall declare the signature valid if:
(i) the birth date or age on the petition matches the birth date or age of a person on the
official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the person described in Subsection (2)(c)(i).
(d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
clerk shall declare the signature to be invalid.
(3) The county clerk shall use the following procedures in determining whether to
remove a signature from a petition after receiving a timely, valid statement requesting removal
of the signature:
(a) if a signer's name and address shown on the statement and the petition exactly
match a name and address shown on the official register and the signer's signature on both the
statement and the petition appears substantially similar to the signature on the statewide voter
registration database, the county clerk shall remove the signature from the petition;
(b) if there is no exact match of an address and a name, the county clerk shall remove
the signature from the petition if:
(i) the address on the statement and the petition matches the address of an individual
on the official register with a substantially similar name; and
(ii) the signer's signature on both the statement and the petition appears substantially
similar to the signature on the statewide voter registration database of the individual described
in Subsection (3)(b)(i);
(c) if there is no match of an address and a substantially similar name, the county clerk
shall remove the signature from the petition if:
(i) the birth date or age on the statement and petition match the birth date or age of an
individual on the official register with a substantially similar name; and
(ii) the signer's signature on both the statement and the petition appears substantially
similar to the signature on the statewide voter registration database of the individual described
in Subsection (3)(c)(i); and
(d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
county clerk may not remove the signature from the petition.
Section 21. Section 
20A-7-307
 is amended to read:
20A-7-307.
Evaluation by the lieutenant governor.
(1) When 
the lieutenant governor receives
 a referendum packet [
is received
] from a
county clerk, the lieutenant governor shall [
check off from the
] record the number of the
referendum packet received.
[
(2) (a) The lieutenant governor shall, within seven days after the day on which the
lieutenant governor receives a referendum packet from a county clerk:
]
[
(i) count the number of the names certified by the county clerks on each verified
signature sheet; and
]
(2) (a) The county clerk shall:
(i) post the names and voter identification numbers described in Subsection
20A-7-306
(3)(c) on the lieutenant governor's website, in a conspicuous location designated by
the lieutenant governor, for at least 45 days; and
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update.
[
(b) The lieutenant governor shall subtract the number of signatures removed from the
number of signatures certified and update the number on the lieutenant governor's website
accordingly no later than the earlier of:
]
[
(i) one business day after the day on which the county clerk provides the notification
described in Subsection 
20A-7-306
(4); or
]
[
(ii) 54 days after the day on which the legislative session at which the law passed
ends.
]
[
(c)
] 
(b)
 The lieutenant governor:
(i) shall, except as provided in Subsection (2)[
(c)
]
(b)
(ii), declare the petition to be
sufficient or insufficient [
] 
 days after the end of the legislative session at which the law
passed; or
[
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(c)(i) if, after the county clerks have finished certifying all valid signatures on the timely and
lawfully submitted signature packets, the lieutenant governor makes the determination
described in Subsection (2)(e).
]
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(b)(i) if:
(A) the total of all valid signatures on timely and lawfully submitted signature packets
that have been certified by the county clerks, plus the number of signatures on timely and
lawfully submitted signature packets that have not yet been evaluated for certification, is less
than the number of names required under Section 
20A-7-301
; or
(B) a requirement of this part has not been met.
[
(d)
] 
(c)
 If the total number of names certified under this Subsection (2) equals or
exceeds the number of names required under Section 
20A-7-301
, and the requirements of this
part are met, the lieutenant governor shall mark upon the front of the petition the word
"sufficient."
[
(e)
] 
(d)
 If the total number of names certified under this Subsection (2) does not equal
or exceed the number of names required under Section 
20A-7-301
 or a requirement of this part
is not met, the lieutenant governor shall mark upon the front of the petition the word
"insufficient."
[
(f)
] 
(e)
 The lieutenant governor shall immediately notify any one of the sponsors of
the lieutenant governor's finding.
[
(g)
] 
(f)
 After a petition is declared insufficient, [
the sponsors
] 
a person
 may not submit
additional signatures to qualify the petition for the ballot.
(3) (a) If the lieutenant governor refuses to accept and file a referendum [
petition, any
voter may, not
] 
that a voter believes is legally sufficient, the voter may, no
 later than 10 days
after the day on which the lieutenant governor declares the petition insufficient, apply to the
appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file
the referendum petition.
(b) If the court determines that the referendum petition is legally sufficient, the
lieutenant governor shall file the [
referendum
] petition, with a verified copy of the judgment
attached to the referendum petition, as of the date on which the [
referendum
] petition was
originally offered for filing in the lieutenant governor's office.
(c) If the court determines that a petition filed is not legally sufficient, the court may
enjoin the lieutenant governor and all other officers from certifying or printing the ballot title
and numbers of that measure on the official ballot.
(4) A petition determined to be sufficient in accordance with this section is qualified
for the ballot.
Section 22. Section 
20A-7-308
 is amended to read:
20A-7-308.
Ballot title -- Duties of lieutenant governor and Office of Legislative
Research and General Counsel.
(1) Whenever a referendum petition is declared sufficient for submission to a vote of
the people, the lieutenant governor shall deliver a copy of the petition and the proposed law to
the Office of Legislative Research and General Counsel.
(2) (a) The Office of Legislative Research and General Counsel shall:
(i) entitle each state referendum that [
has qualified
] 
qualifies
 for the ballot "Proposition
Number __" and [
give it a number as assigned under
] 
assign a number to the referendum in
accordance with
 Section 
20A-6-107
;
(ii) prepare an impartial ballot title for the referendum summarizing the contents of the
measure; and
(iii) [
return the petition and
] 
submit
 the ballot title to the lieutenant governor within 15
days after [
its receipt
] 
the day on which the Office of Legislative Research and General
Counsel receives the petition under Subsection (1)
.
(b) The ballot title may be distinct from the title of the law that is the subject of the
petition, and [
shall be not more than
] 
may not exceed
words.
[
(c) The ballot title and the number of the measure as determined by the Office of
Legislative Research and General Counsel shall be printed on the official ballot.
]
(c) For each state referendum, the official ballot shall show, in the following order:
(i) the number of the referendum, determined in accordance with Section 
20A-6-107
;
and
(ii) the ballot title described in this section.
(3) Immediately after the Office of Legislative Research and General Counsel [
files a
copy of
] 
submits
 the ballot title [
with
] 
to
 the lieutenant governor, the lieutenant governor shall
mail 
or email
 a copy of the ballot title to any of the sponsors of the petition.
(4) (a) (i) At least three of the sponsors of the petition may, within 15 days [
of the date
]
after the day on which
 the lieutenant governor mails the ballot title, challenge the wording of
the ballot title prepared by the Office of Legislative Research and General Counsel to the
[
Supreme Court
] 
appropriate court
.
(ii) After receipt of the appeal, the [
Supreme Court
] 
court
 shall direct the lieutenant
governor to send notice of the appeal to:
(A) any person or group that has filed an argument for or against the measure that is the
subject of the challenge; [
or
] 
and
(B) any political issues committee established under Section 
20A-11-801
 that has filed
written or electronic notice with the lieutenant governor that identifies the name, mailing or
email address, and telephone number of the person designated to receive notice about any
issues relating to the referendum.
(b) (i) There is a presumption that the ballot title prepared by the Office of Legislative
Research and General Counsel is an impartial summary of the contents of the referendum.
(ii) The [
Supreme Court
] 
court
 may not revise the wording of the ballot title unless the
plaintiffs rebut the presumption by clearly and convincingly establishing that the ballot title is
patently false or biased.
(c) The [
Supreme Court
] 
court
 shall:
(i) examine the ballot title;
(ii) hear arguments; and
(iii) [
certify to the lieutenant governor a ballot title for the measure that meets
] 
enter an
order consistent with
 the requirements of this section.
(d) The lieutenant governor shall
, in accordance with the court's order,
 certify the 
ballot
title [
verified by the Supreme Court
] to the county clerks to be printed on the official ballot.
Section 23. Section 
20A-7-309
 is amended to read:
20A-7-309.
Form of ballot -- Manner of voting.
(1) [
The county clerks
] 
A county clerk
 shall ensure that the number and ballot title
[
verified to them
] 
certified
 by the lieutenant governor are presented upon the official ballot
with, immediately adjacent to [
them
] 
the number and ballot title
, the words "For" and
"Against," each word presented with an adjacent square in which [
the elector
] 
a voter
 may
indicate the [
elector's
] 
voter's
 vote.
(2) (a) (i) A voter desiring to vote in favor of the law that is the subject of the
referendum shall mark the square adjacent to the word "For."
(ii) The law that is the subject of the referendum takes effect if a majority of voters
mark "For."
(b) (i) A voter desiring to vote against the law that is the subject of the referendum
petition shall mark the square adjacent to the word "Against."
(ii) The law that is the subject of the referendum does not take effect if a majority of
voters mark "Against."
Section 24. Section 
20A-7-311
 is amended to read:
20A-7-311.
Temporary stay -- Effective date -- Effect of repeal by Legislature.
(1) If, at the time during the counting period described in [
Subsection
] 
Section
20A-7-307
[
(2)
], the lieutenant governor determines that, at that point in time, an adequate
number of signatures are certified to comply with the signature requirements, the lieutenant
governor shall:
(a) issue an order temporarily staying the law from going into effect; and
(b) continue the process of certifying signatures and removing signatures as required by
this part.
(2) The temporary stay described in Subsection (1) remains in effect, regardless of
whether a future count falls below the signature threshold, until the day on which:
(a) if the lieutenant governor declares the petition insufficient, five days after the day
on which the lieutenant governor declares the petition insufficient; or
(b) if the lieutenant governor declares the petition sufficient, the day on which
governor issues the proclamation described in Section 
20A-7-310
.
(3) A proposed law submitted to the people by referendum petition that is approved by
the voters at an election takes effect the later of:
(a) five days after the date of the official proclamation of the vote by the governor; or
(b) the effective date specified in the proposed law.
(4) If, after the lieutenant governor issues a temporary stay order under Subsection
(1)(a), the lieutenant governor declares the petition insufficient, the proposed law takes effect
the later of:
(a) five days after the day on which the lieutenant governor declares the petition
insufficient; or
(b) the effective date specified in the proposed law.
(5) (a) The governor may not veto a law adopted by the people.
(b) The Legislature may amend any laws approved by the people at any legislative
session after the people approve the law.
(6) If the Legislature repeals a law challenged by referendum petition under this part,
the referendum petition is void and no further action on the referendum petition is required.
Section 25. Section 
20A-7-401.5
 is amended to read:
20A-7-401.5.
Proposition information pamphlet.
(1) (a) (i) Within 15 days after the day on which an eligible voter files an application to
circulate an initiative petition under Section 
20A-7-502
 or an application to circulate a
referendum petition under Section 
20A-7-602
:
(A) the sponsors of the proposed initiative or referendum may submit a written
argument in favor of the proposed initiative or referendum to the election officer of the county
or municipality to which the petition relates; and
(B) the county or municipality to which the application relates may submit a written
argument in favor of, or against, the proposed initiative or referendum to the county's or
municipality's election officer.
(ii) If a county or municipality submits more than one written argument under
Subsection (1)(a)(i)(B), the election officer shall select one of the written arguments, giving
preference to a written argument submitted by a member of a local legislative body if a
majority of the local legislative body supports the written argument.
(b) Within one business day after the day on which an election officer receives an
argument under Subsection (1)(a)(i)(A), the election officer shall provide a copy of the
argument to the county or municipality described in Subsection (1)(a)(i)(B) or (1)(a)(ii), as
applicable.
(c) Within one business day after the date on which an election officer receives an
argument under Subsection (1)(a)(i)(B), the election officer shall provide a copy of the
argument to the first three sponsors of the proposed initiative or referendum described in
Subsection (1)(a)(i)(A).
(d) The sponsors of the proposed initiative or referendum may submit a revised version
of the written argument described in Subsection (1)(a)(i)(A) to the election officer of the
county or municipality to which the petition relates within 20 days after the day on which the
eligible voter files an application to circulate an initiative petition under Section 
20A-7-502
 or
an application to circulate a referendum petition under Section 
20A-7-602
.
(e) The author of a written argument described in Subsection (1)(a)(i)(B) submitted by
a county or municipality may submit a revised version of the written argument to the county's
or municipality's election officer within 20 days after the day on which the eligible voter files
an application to circulate an initiative petition under Section 
20A-7-502
 or an application to
circulate a referendum petition under Section 
20A-7-602
.
(2) (a) A written argument described in Subsection (1) may not exceed 500 words.
(b) Except as provided in Subsection (2)(c), a person may not modify a written
argument described in Subsection (1)(d) or (e) after the written argument is submitted to the
election officer.
(c) The election officer and the person that submits the written argument described in
Subsection (1)(d) or (e) may jointly agree to modify the written argument to:
(i) correct factual, grammatical, or spelling errors; or
(ii) reduce the number of words to come into compliance with Subsection (2)(a).
(d) An election officer shall refuse to include a written argument in the proposition
information pamphlet described in this section if the person who submits the argument:
(i) fails to negotiate, in good faith, to modify the argument in accordance with
Subsection (2)(c); or
(ii) does not timely submit the written argument to the election officer.
(e) An election officer shall make a good faith effort to negotiate a modification
described in Subsection (2)(c) in an expedited manner.
(3) An election officer who receives a written argument described in Subsection (1)
shall prepare a proposition information pamphlet for publication that includes:
(a) a copy of the application for the proposed initiative or referendum;
(b) except as provided in Subsection (2)(d), immediately after the copy described in
Subsection (3)(a), the argument prepared by the sponsors of the proposed initiative or
referendum, if any;
(c) except as provided in Subsection (2)(d), immediately after the argument described
in Subsection (3)(b), the argument prepared by the county or municipality, if any; and
(d) a copy of the initial fiscal impact statement and legal impact statement described in
Section 
20A-7-502.5
 or 
20A-7-602.5
.
(4) (a) A proposition information pamphlet is a draft for purposes of Title 63G,
Chapter 2, Government Records Access and Management Act, until the earlier of when the
election officer:
(i) complies with Subsection (4)(b); or
(ii) publishes the proposition information pamphlet under Subsection (5) or (6).
(b) Within 21 days after the day on which the eligible voter files an application to
circulate an initiative petition under Section 
20A-7-502
, or an application to circulate a
referendum petition under Section 
20A-7-602
, the election officer shall provide a copy of the
proposition information pamphlet to the sponsors of the initiative or referendum and each
individual who submitted an argument included in the proposition information pamphlet.
(5) An election officer for a municipality shall publish the proposition information
pamphlet as follows:
(a) within the later of 10 days after the day on which the municipality or a court
determines that the proposed initiative or referendum is legally referable to voters, or, if the
election officer modifies an argument under Subsection (2)(c), three days after the day on
which the election officer and the person that submitted the argument agree on the
modification:
(i) by sending the proposition information pamphlet electronically to each individual in
the municipality for whom the municipality has an email address, unless the individual has
indicated that the municipality is prohibited from using the individual's email address for that
purpose; and
(ii) by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section 
63F-1-701
, and the home page of the municipality's website, if the
municipality has a website, until:
(A) if the sponsors of the proposed initiative or referendum 
or an agent of the sponsors
do not timely deliver any verified initiative packets under Section 
20A-7-506
 or any verified
referendum packets under Section 
20A-7-606
, the day after the date of the deadline for delivery
of the verified initiative packets or verified referendum packets;
(B) the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the
number of signatures necessary to qualify the proposed initiative or referendum for placement
on the ballot is insufficient and the determination is not timely appealed or is upheld after
appeal; or
(C) the day after the date of the election at which the proposed initiative or referendum
appears on the ballot; and
(b) if the municipality regularly mails a newsletter, utility bill, or other material to the
municipality's residents, including an Internet address, where a resident may view the
proposition information pamphlet, in the next mailing, for which the municipality has not
begun preparation, that falls on or after the later of:
(i) 10 days after the day on which the municipality or a court determines that the
proposed initiative or referendum is legally referable to voters; or
(ii) if the election officer modifies an argument under Subsection (2)(c), three days
after the day on which the election officer and the person that submitted the argument agree on
the modification.
(6) An election officer for a county shall, within the later of 10 days after the day on
which the county or a court determines that the proposed initiative or referendum is legally
referable to voters, or, if the election officer modifies an argument under Subsection (2)(c),
three days after the day on which the election officer and the person that submitted the
argument agree on the modification, publish the proposition information pamphlet as follows:
(a) by sending the proposition information pamphlet electronically to each individual
in the county for whom the county has an email address obtained via voter registration; and
(b) by posting the proposition information pamphlet on the Utah Public Notice
Website, created in Section 
63F-1-701
, and the home page of the county's website, until:
(i) if the sponsors of the proposed initiative or referendum 
or an agent of the sponsors
do not timely deliver any verified initiative packets under Section 
20A-7-506
 or any verified
referendum packets under Section 
20A-7-606
, the day after the date of the deadline for delivery
of the verified initiative packets or verified referendum packets;
(ii) the local clerk determines, under Section 
20A-7-507
 or 
20A-7-607
, that the number
of signatures necessary to qualify the proposed initiative or referendum for placement on the
ballot is insufficient and the determination is not timely appealed or is upheld after appeal; or
(iii) the day after the date of the election at which the proposed initiative or referendum
appears on the ballot.
Section 26. Section 
20A-7-502
 is amended to read:
20A-7-502.
Local initiative process -- Application procedures.
(1) [
An eligible voter
] 
Individuals
 wishing to circulate an initiative petition shall file an
application with the local clerk.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the initiative petition;
[
(b) a statement indicating that each of the sponsors is a registered voter;
]
[
(c)
] 
(b)
 a statement indicating that each of the sponsors [
has voted in an election in
Utah in the last three years;
] 
is registered to vote in Utah;
[
(d)
] 
(c)
 the signature of each of the sponsors, acknowledged by a notary public;
[
(e)
] 
(d)
 a copy of the proposed law that includes:
(i) the title of the proposed law[
, which
] 
that
 clearly expresses the subject of the law;
[
and
]
(ii) a description of all proposed sources of funding for the costs associated with the
proposed law, including the proposed percentage of total funding from each source; and
[
(ii)
] 
(iii)
 the text of the proposed law; [
and
]
[
(f)
] 
(e)
 if the initiative petition proposes a tax increase, the following statement, "This
initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
; and
(f) a statement indicating whether persons gathering signatures for the petition may be
paid for gathering signatures.
(3) A proposed law submitted under this section may not contain more than one subject
to the same extent a bill may not pass containing more than one subject as provided in Utah
Constitution, Article VI, Section 22.
Section 27. Section 
20A-7-503
 is amended to read:
20A-7-503.
Form of initiative petitions and signature sheets.
(1) (a) Each proposed initiative petition shall be printed in substantially the following
form:
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
Clerk:
We, the undersigned citizens of Utah, respectfully demand that the following proposed
law be submitted to: the legislative body for its approval or rejection at its next meeting; and
the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
no action on it.
Each signer says:
I have personally signed this petition;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I have personally reviewed the entire statement included with this packet;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name."
.
(b) If the initiative petition proposes a tax increase, the following statement shall
appear, in at least 14-point, bold type, immediately following the information described in
Subsection (1)(a):
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
.
(c) The sponsors of an initiative 
or an agent of the sponsors
 shall attach a copy of the
proposed law to each initiative petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the initiative printed below the horizontal line, in at least
14-point, bold type;
(d) contain the word "Warning" printed or typed at the top of each signature sheet
under the title of the initiative;
(e) contain, to the right of the word "Warning," the following statement printed or
typed in not less than eight-point type:
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same measure, or to sign an initiative petition when the individual knows that the
individual is not a registered voter and knows that the individual does not intend to become
registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines, three-eighths inch apart under the warning
statement described in Subsection (2)(e); and
[
(d)
] 
(g)
 be vertically divided into columns as follows:
[
(i) the first column shall appear at the extreme left of the sheet, be five-eighths inch
wide, be headed with "For Office Use Only", and be subdivided with a light vertical line down
the middle with the left subdivision entitled "Registered" and the right subdivision left
untitled;
]
[
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
]
[
(iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
Voter";
]
[
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
and
]
[
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
Code";
]
[
(e) spanning the sheet horizontally beneath each row on which a registered voter may
submit the information described in Subsection (2)(d), contain the following statement printed
or typed in not less than eight-point type:
]
(i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
(ii) the second column shall be .25 inch wide;
(iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
Voter";
(v) the fifth column shall be .75 inch wide, headed "Date Signed";
(vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
Code"; and
(vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
(h) be horizontally divided into rows as follows:
(i) the top of the first row, for the purpose of entering the information described in
Subsection (2)(g), shall be .5 inch high;
(ii) the second row shall be .15 inch high and contain the following statement printed
or typed in not less than 12-point type:
"By signing this petition, you are stating that you have read and understand the law
proposed by this petition."; and
(iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
bottom of the sheet for the information described in Subsection (2)(i); and
[
(f)
] 
(i)
 at the bottom of the sheet, contain in the following order:
[
(i) the title of the initiative, in at least 14-point, bold type;
]
[
(ii)
] 
(i)
 the initial fiscal impact estimate's summary statement issued by the budget
officer in accordance with Subsection 
20A-7-502.5
(2)(b) and the cost estimate for printing and
distributing information related to the initiative petition in accordance with Subsection
20A-7-502.5
(3), in not less than 12-point, bold type;
[
(iii) the word "Warning," followed by the following statement in not less than
eight-point type:
]
[
"It is a class A misdemeanor for an individual to sign an initiative petition with a name
other than the individual's own name, or to knowingly sign the individual's name more than
once for the same measure, or to sign an initiative petition when the individual knows that the
individual is not a registered voter and knows that the individual does not intend to become
registered to vote before the certification of the petition names by the county clerk.";
]
[
(iv)
] 
(ii)
 the following statement: "Birth date or age information is not required, but it
may be used to verify your identity with voter registration records. If you choose not to provide
it, your signature may not be verified as a valid signature if you change your address before
petition signatures are verified or if the information you provide does not match your voter
registration records."; and
[
(v)
] 
(iii)
 if the initiative petition proposes a tax increase, spanning the bottom of the
sheet, horizontally, in not less than 14-point, bold type, the following statement:
"This initiative petition seeks to increase the current (insert name of tax) rate by (insert
the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)
percent increase in the current tax rate."
.
(3) The final page of each initiative packet shall contain the following printed or typed
statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state
, under penalty of perjury,
 that:
I am a resident of Utah and am at least 18 years old;
All the names that appear in this [
initiative
] packet were signed by [
the
] individuals
who professed to be the individuals whose names appear in it, and each of the individuals
signed the individual's name on it in my presence;
I did not knowingly make a misrepresentation of fact concerning the law proposed by
the initiative;
I believe that each individual has printed and signed the individual's name and written
the individual's post office address and residence correctly, 
that each signer has read and
understands the law proposed by the initiative,
 and that each signer is registered to vote in Utah
or intends to become registered to vote before the certification of the petition names by the
county clerk.
[
_____________________________"
]
[
(4) The forms prescribed in this section are not mandatory, and, if
]
Each individual who signed the packet wrote the correct date of signature next to the
individual's name.
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it.
_____________________________________________________________________
(Name) (Residence Address) (Date)".
(4) If the forms described in this section are
 substantially followed, the initiative
petitions are sufficient, notwithstanding clerical and merely technical errors.
(5) An individual's status as a resident, under Subsection (3), is determined in
accordance with Section 
20A-2-105
.
Section 28. Section 
20A-7-504
 is amended to read:
20A-7-504.
Circulation requirements -- Local clerk to provide sponsors with
materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors 
or an agent of the sponsors
 shall, after the sponsors receive the documents described
in Subsections (2)[
(a) and (b)
] and [
Subsection
] 
20A-7-401.5
(4)(b), circulate initiative packets
that meet the form requirements of this part.
(2) Within five days after the day on which a county, city, town, metro township, or
court determines, in accordance with Section 
20A-7-502.7
, that a law proposed in an initiative
petition is legally referable to voters, the local clerk shall furnish to the sponsors:
(a) [
one
] 
a
 copy of the initiative petition; and
(b) [
one
] 
a
 signature sheet.
(3) The sponsors of the petition shall:
(a) arrange and pay for the printing of all additional copies of the petition and signature
sheets; and
(b) ensure that the copies of the petition and signature sheets meet the form
requirements of this section.
(4) (a) The sponsors 
or an agent of the sponsors
 may prepare the initiative for
circulation by creating multiple initiative packets.
(b) The sponsors 
or an agent of the sponsors
 shall create [
those
] 
initiative
 packets by
binding a copy of the initiative petition, a copy of the proposed law, and no more than 50
signature sheets together at the top in [
such a way
] 
a manner
 that the packets may be
conveniently opened for signing.
(c) [
The sponsors need not attach
] 
An initiative packet is not required to have
 a
uniform number of signature sheets [
to each initiative packet
].
(d) The sponsors 
or an agent of the sponsors
 shall include, with each packet, a copy of
the proposition information pamphlet provided to the sponsors under Subsection
20A-7-401.5
(4)(b).
(5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(i) contact the county clerk to receive a range of numbers that the sponsors may use to
number signature packets; and
(ii) number each signature packet, sequentially, within the range of numbers provided
by the county clerk, starting with the lowest number in the range.
(b) The sponsors or an agent of the sponsors may not:
(i) number a signature packet in a manner not directed by the county clerk; or
(ii) circulate or submit a signature packet that is not numbered in the manner directed
by the county clerk.
(c) The county clerk shall keep a record of the number range provided under
Subsection (5)(a).
Section 29. Section 
20A-7-505
 is amended to read:
20A-7-505.
Obtaining signatures -- Verification -- Removal of signature.
(1) [
Any
] 
A
 Utah voter may sign a local initiative petition if the voter is a legal voter
and resides in the local jurisdiction.
(2) (a) The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
[
and
]
(ii) verifies each signature sheet by completing the verification printed on the last page
of each initiative packet[
.
]
; and
(iii) is informed that each signer is required to read and understand the law proposed by
the initiative.
(b) An individual may not sign the verification printed on the last page of the initiative
packet if the individual signed a signature sheet in the initiative packet.
[
(3) (a) (i) Any voter who has signed an initiative petition may have the voter's
signature removed from the petition by submitting a notarized statement to that effect to the
county clerk.
]
[
(ii) In order for the signature to be removed, the statement must be received by the
county clerk no later than seven days after the day on which the sponsors submit the last
signature packet to the county clerk.
]
[
(b) Upon timely receipt of the statement, the county clerk shall remove the signature
of the individual submitting the statement from the initiative petition.
]
(3) (a) A voter who has signed an initiative petition may have the voter's signature
removed from the petition by submitting a statement requesting that the voter's signature be
removed before 5 p.m. no later than the earlier of:
(i) 30 days after the day on which the voter signs the signature removal statement;
(ii) 90 days after the day on which the local clerk posts the voter's name under
Subsection 
20A-7-507
(2)(a);
(iii) 316 days after the day on which the application is filed; or
(iv) (A) for a county initiative, April 15 immediately before the next regular general
election immediately after the application is filed under Section 
20A-7-502
; or
(B) for a municipal initiative, April 15 immediately before the next municipal general
election immediately after the application is filed under Section 
20A-7-502
.
(b) (i) The statement shall include:
(A) the name of the voter;
(B) the resident address at which the voter is registered to vote;
(C) the signature of the voter; and
(D) the date of the signature described in Subsection (3)(b)(i)(C).
(ii) To increase the likelihood of the voter's signature being identified and removed, the
statement may include the voter's birth date or age.
(c) A voter may not submit a statement by email or other electronic means.
(d) In order for the signature to be removed, the county clerk must receive the
statement before 5 p.m. no later than the applicable deadline described in Subsection (3)(a).
(e) A person may only remove a signature from an initiative petition in accordance
with this Subsection (3).
(f) A county clerk shall analyze a signature, for purposes of removing a signature from
an initiative petition, in accordance with Section 
20A-7-506.3
.
Section 30. Section 
20A-7-506
 is amended to read:
20A-7-506.
Submitting the initiative petition -- Certification of signatures by the
county clerks -- Transfer to local clerk.
(1) (a) The sponsors 
or an agent of the sponsors
 shall [
deliver each
] 
submit a
 signed
and verified initiative packet to the county clerk of the county in which the packet was
circulated before 5 p.m. 
no later than
 the earlier of:
[
(i) for county initiatives:
]
(i) 30 days after the day on which the first individual signs the initiative packet;
[
(A)
] 
(ii)
days after the day on which the application is filed; or
[
(B) the
] 
(iii) (A) for a county initiative,
 April 15 immediately before the next regular
general election immediately after the application is filed under Section 
20A-7-502
; or
[
(ii) for municipal initiatives:
]
[
(A) 316 days after the day on which the application is filed; or
]
(B) [
the
] 
for a municipal initiative,
 April 15 immediately before the next municipal
general election immediately after the application is filed under Section 
20A-7-502
.
(b) A [
sponsor
] 
person
 may not submit an initiative packet after the deadline
established in [
this
] Subsection (1)
(a)
.
(2) The county clerk shall, within 21 days after the day on which the county clerk
receives the packet:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-506.3
;
(b) certify on the petition whether each name is that of a registered voter;
(c) except as provided in Subsection (3), post the name and voter identification number
of each registered voter certified under Subsection (2)(b) on the lieutenant governor's website,
in a conspicuous location designated by the lieutenant governor; and
(d) deliver the verified initiative packet to the local clerk.
(3) (a) If the county clerk timely receives a statement requesting signature removal
under Subsection 
20A-7-505
(3), the county clerk shall:
(i) ensure that the voter's name and voter identification number are not included in the
posting described in Subsection (2)(c); and
(ii) remove the voter's signature from the signature packets and signature packet totals.
(b) The county clerk shall comply with Subsection (3)(a) before the later of:
(i) the deadline described in Subsection (2); or
(ii) two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection 
20A-7-505
(3).
(c) The local clerk shall post a link in a conspicuous location on the local government's
website to the posting described in Subsection (2)(c) during the period of time described in
Subsection 
20A-7-507
(2)(a)(i).
[
(2)
] 
(4)
 The county clerk may not certify a signature under Subsection [
(3)
] 
(2)
 on an
initiative packet that is not verified in accordance with Section 
20A-7-505
.
[
(3) No later than May 15, the county clerk shall:
]
[
(a) determine whether or not each signer is a voter according to the requirements of
Section 
20A-7-506.3
;
]
[
(b) certify on the petition whether or not each name is that of a voter; and
]
[
(c) deliver all of the verified packets to the local clerk.
]
(5) A person may not retrieve an initiative packet from a county clerk, or make any
alterations or corrections to an initiative packet, after the initiative packet is submitted to the
county clerk.
Section 31. Section 
20A-7-506.3
 is amended to read:
20A-7-506.3.
Verification of petition signatures.
(1) 
As used in this section:
(a) [
For the purposes of this section, "substantially
] 
"Substantially
 similar name"
means:
(i) the given name and surname shown on the petition, or both, contain only minor
spelling differences when compared to the given name and surname shown on the official
register;
(ii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is a
commonly used abbreviation or variation of the other;
(iii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is
accompanied by a first or middle initial or a middle name which is not shown on the other
record; or
(iv) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is an
alphabetically corresponding initial that has been provided in the place of a given name shown
on the other record.
(b) [
For the purposes of this section, "substantially
] 
"Substantially
 similar name" does
not mean a name having an initial or a middle name shown on the petition that does not match
a different initial or middle name shown on the official register.
(2) The county clerk shall use the following procedures in determining whether [
or not
]
a signer is a registered voter:
(a) When a signer's name and address shown on the petition exactly match a name and
address shown on the official register and the signer's signature appears substantially similar to
the signature on the statewide voter registration database, the county clerk shall declare the
signature valid.
(b) When there is no exact match of an address and a name, the county clerk shall
declare the signature valid if:
(i) the address on the petition matches the address of an individual on the official
register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the individual described in Subsection (2)(b)(i).
(c) When there is no match of an address and a substantially similar name, the county
clerk shall declare the signature valid if:
(i) the birth date or age on the petition matches the birth date or age of an individual on
the official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the individual described in Subsection (2)(c)(i).
(d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
county clerk shall declare the signature to be invalid.
(3) The county clerk shall use the following procedures in determining whether to
remove a signature from a petition after receiving a timely, valid statement requesting removal
of the signature:
(a) if a signer's name and address shown on the statement and the petition exactly
match a name and address shown on the official register and the signer's signature on both the
statement and the petition appears substantially similar to the signature on the statewide voter
registration database, the county clerk shall remove the signature from the petition;
(b) if there is no exact match of an address and a name, the county clerk shall remove
the signature from the petition if:
(i) the address on the statement and the petition matches the address of an individual
on the official register with a substantially similar name; and
(ii) the signer's signature on both the statement and the petition appears substantially
similar to the signature on the statewide voter registration database of the individual described
in Subsection (3)(b)(i);
(c) if there is no match of an address and a substantially similar name, the county clerk
shall remove the signature from the petition if:
(i) the birth date or age on the statement and petition match the birth date or age of an
individual on the official register with a substantially similar name; and
(ii) the signer's signature on both the statement and the petition appears substantially
similar to the signature on the statewide voter registration database of the individual described
in Subsection (3)(c)(i); and
(d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
county clerk may not remove the signature from the petition.
Section 32. Section 
20A-7-507
 is amended to read:
20A-7-507.
Evaluation by the local clerk.
(1) When [
each
] 
a local clerk receives an
 initiative packet [
is received
] from a county
clerk, the local clerk shall [
check off from the local clerk's
] record the number of [
each
] 
the
initiative packet [
filed
] 
received
.
[
(2) (a) After all of the initiative packets have been received by the local clerk, the local
clerk shall count the number of the names certified by the county clerk that appear on each
verified signature sheet.
]
(2) (a) The county clerk shall:
(i) post the names and voter identification numbers described in Subsection
20A-7-506
(2)(c) on the lieutenant governor's website, in a conspicuous location designated by
the lieutenant governor, for at least 90 days; and
(ii) update on the local government's website the number of signatures certified as of
the date of the update.
(b) The local clerk:
(i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
or insufficient no later than 21 days after the day of the applicable deadline described in
Subsection 
20A-7-506
(1)(a); or
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(b)(i) if:
(A) the total of all valid signatures on timely and lawfully submitted signature packets
that have been certified by the county clerks, plus the number of signatures on timely and
lawfully submitted signature packets that have not yet been evaluated for certification, is less
than the number of names required under Section 
20A-7-501
; or
(B) a requirement of this part has not been met.
[
(b)
] 
(c)
 If the total number of certified names from each verified signature sheet equals
or exceeds the number of names required by Section 
20A-7-501
 and the requirements of this
part are met, the local clerk shall mark upon the front of the petition the word "sufficient."
[
(c)
] 
(d)
 If the total number of certified names from each verified signature sheet does
not equal or exceed the number of names required by Section 
20A-7-501
 or a requirement of
this part is not met, the local clerk shall mark upon the front of the petition the word
"insufficient."
[
(d)
] 
(e)
 The local clerk shall immediately notify any one of the sponsors of the local
clerk's finding.
(f) After a petition is declared insufficient, a person may not submit additional
signatures to qualify the petition for the ballot.
(3) If the local clerk finds the total number of certified signatures from each verified
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
for a recount of the signatures appearing on the initiative petition in the presence of any
sponsor.
[
(4) Once a petition is declared insufficient, the sponsors may not submit additional
signatures to qualify the petition for the ballot.
]
[
(5)
] 
(4)
 A petition determined to be sufficient in accordance with this section is
qualified for the ballot.
Section 33. Section 
20A-7-508
 is amended to read:
20A-7-508.
Ballot title -- Duties of local clerk and local attorney.
(1) Upon receipt of an initiative petition, the local clerk shall deliver a copy of the
petition and the proposed law to the local attorney.
(2) The local attorney shall:
(a) entitle each county or municipal initiative that has qualified for the ballot
"Proposition Number __" and give it a number as assigned under Section 
20A-6-107
;
(b) prepare a proposed ballot title for the initiative;
(c) file the proposed ballot title and the numbered initiative titles with the local clerk
within 20 days after the day on which an eligible voter submits the initiative petition to the
local clerk; and
(d) promptly provide notice of the filing of the proposed ballot title to:
(i) the sponsors of the petition; and
(ii) the local legislative body for the jurisdiction where the initiative petition was
circulated.
(3) (a) The ballot title may be distinct from the title of the proposed law attached to the
initiative petition, and shall express, in not exceeding 100 words, the purpose of the measure.
(b) In preparing a ballot title, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial statement of the purpose of the measure.
(c) The ballot title may not intentionally be an argument, or likely to create prejudice,
for or against the measure.
(d) If the initiative proposes a tax increase, the local attorney shall include the
following statement, in bold, in the ballot title:
"This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
increase in the current tax rate."
.
(4) (a) Within five calendar days after the date the local attorney files a proposed ballot
title under Subsection (2)(c), the local legislative body for the jurisdiction where the initiative
petition was circulated and the sponsors of the petition may file written comments in response
to the proposed ballot title with the local clerk.
(b) Within five calendar days after the last date to submit written comments under
Subsection (4)(a), the local attorney shall:
(i) review any written comments filed in accordance with Subsection (4)(a);
(ii) prepare a final ballot title that meets the requirements of Subsection (3); and
(iii) return the petition and file the ballot title with the local clerk.
(c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
be printed on the official ballot.
(5) Immediately after the local attorney files a copy of the ballot title with the local
clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
petition and the local legislative body for the jurisdiction where the initiative petition was
circulated.
(6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
comply with the requirements of this section, the decision of the local attorney may be
appealed to the [
district court, or, if the Supreme Court has original jurisdiction, to the
Supreme Court, brought
] 
appropriate court
 by:
(i) at least three sponsors of the initiative petition; or
(ii) a majority of the local legislative body for the jurisdiction where the initiative
petition was circulated.
(b) The court:
(i) shall examine the measures and consider arguments; and
(ii) may certify to the local clerk a ballot title for the measure that fulfills the intent of
this section.
(c) The local clerk shall print the title certified by the court on the official ballot.
Section 34. Section 
20A-7-510
 is amended to read:
20A-7-510.
Return and canvass -- Conflicting measures -- Law effective on
proclamation.
(1) The votes on the law proposed by the initiative petition shall be counted,
canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing Returns.
(2) After the local board of canvassers completes [
its
] 
the
 canvass, the local clerk shall
certify to the local legislative body the vote for and against the law proposed by the initiative
petition.
(3) (a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each law
proposed by an initiative petition; and
(ii) declares those laws proposed by an initiative petition that were approved by
majority vote to be in full force and effect as the law of the local jurisdiction.
(b) When the local legislative body determines that two proposed laws, or that parts of
two proposed laws approved by the people at the same election are entirely in conflict, [
they
]
the local legislative body
 shall proclaim that measure to be law that [
has
] received the greatest
number of affirmative votes, regardless of the difference in the majorities which those
measures have received.
(c) (i) Within 10 days after the 
day on which the
 local legislative [
body's
] 
body issues
the
 proclamation, any qualified voter who signed the initiative petition proposing the law that
is declared by the local legislative body to be superseded by another measure approved at the
same election may bring an action in [
district court, or, if the Supreme Court has original
jurisdiction, the Supreme Court
] 
the appropriate court
 to review the decision.
(ii) The court shall:
(A) consider the matter and decide whether the proposed laws are entirely in conflict;
and
(B) issue an order, consistent with the court's decision, to the local legislative body.
(4) Within 10 days after the day on which the court [
certifies the decision
] 
enters an
order under Subsection (3)(c)(ii)
, the local legislative body shall:
(a) proclaim as law all measures approved by the people that the court determines are
not in conflict; and
(b) for the measures approved by the people as law that the court determines to be in
conflict, proclaim as law the measure that received the greatest number of affirmative votes,
regardless of the difference in majorities.
Section 35. Section 
20A-7-601
 is amended to read:
20A-7-601.
Referenda -- General signature requirements -- Signature
requirements for land use laws and subjurisdictional laws -- Time requirements.
(1) As used in this section:
(a) "Number of active voters" means the number of active voters in the county, city, or
town on the immediately preceding January 1.
(b) "Subjurisdiction" means an area comprised of all precincts and subprecincts in the
jurisdiction of a county, city, or town that are subject to a subjurisdictional law.
(c) (i) "Subjurisdictional law" means a local law or local obligation law passed by a
local legislative body that imposes a tax or other payment obligation on property in an area that
does not include all precincts and subprecincts under the jurisdiction of the county, city, town,
or metro township.
(ii) "Subjurisdictional law" does not include a land use law.
(d) "Voter participation area" means an area described in Subsection 
20A-7-401.3
(1)(a)
or (2)(b).
(2) Except as provided in Subsection (3) or (4), an eligible voter seeking to have a local
law passed by the local legislative body submitted to a vote of the people shall obtain legal
signatures equal to:
(a) for a county of the first class:
(i) 7.75% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 7.75% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for a metro township with a population of 100,000 or more, or a city of the first
class:
(i) 7.5% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 7.5% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(c) for a county of the second class:
(i) 8% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 8% of the number of active voters in at least 75% of
the county's voter participation areas;
(d) for a metro township with a population of 65,000 or more but less than 100,000, or
a city of the second class:
(i) 8.25% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 8.25% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(e) for a county of the third class:
(i) 9.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 9.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(f) for a metro township with a population of 30,000 or more but less than 65,000, or a
city of the third class:
(i) 10% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 10% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(g) for a county of the fourth class:
(i) 11.5% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the county's voter participation areas;
(h) for a metro township with a population of 10,000 or more but less than 30,000, or a
city of the fourth class:
(i) 11.5% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 11.5% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(i) for a metro township with a population of 1,000 or more but less than 10,000, a city
of the fifth class, or a county of the fifth class, 25% of the number of active voters in the metro
township, city, or county; or
(j) for a metro township with a population of less than 1,000, a town, or a county of the
sixth class, 35% of the number of active voters in the metro township, town, or county.
(3) Except as provided in Subsection (4), an eligible voter seeking to have a land use
law or local obligation law passed by the local legislative body submitted to a vote of the
people shall obtain legal signatures equal to:
(a) for a county of the first, second, third, or fourth class:
(i) 16% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(b) for a county of the fifth or sixth class:
(i) 16% of the number of active voters in the county; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the county's voter participation areas;
(c) for a metro township with a population of 100,000 or more, or a city of the first
class:
(i) 15% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 15% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(d) for a metro township with a population of 65,000 or more but less than 100,000, or
a city of the second class:
(i) 16% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 16% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(e) for a metro township with a population of 30,000 or more but less than 65,000, or a
city of the third class:
(i) 27.5% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 27.5% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(f) for a metro township with a population of 10,000 or more but less than 30,000, or a
city of the fourth class:
(i) 29% of the number of active voters in the metro township or city; and
(ii) beginning on January 1, 2020, 29% of the number of active voters in at least 75%
of the metro township's or city's voter participation areas;
(g) for a metro township with a population of 1,000 or more but less than 10,000, or a
city of the fifth class, 35% of the number of active voters in the metro township or city; or
(h) for a metro township with a population of less than 1,000 or a town, 40% of the
number of active voters in the metro township or town.
(4) A person seeking to have a subjurisdictional law passed by the local legislative
body submitted to a vote of the people shall obtain legal signatures of the residents in the
subjurisdiction equal to:
(a) 10% of the number of active voters in the subjurisdiction if the number of active
voters exceeds 25,000;
(b) 12-1/2% of the number of active voters in the subjurisdiction if the number of
active voters does not exceed 25,000 but is more than 10,000;
(c) 15% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 10,000 but is more than 2,500;
(d) 20% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 2,500 but is more than 500;
(e) 25% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 500 but is more than 250; and
(f) 30% of the number of active voters in the subjurisdiction if the number of active
voters does not exceed 250.
(5) [
(a)
] Sponsors of any referendum petition challenging, under Subsection (2), (3), or
(4), any local law passed by a local legislative body shall file the application before 5 p.m.
within seven days after the day on which the local law was passed.
[
(b) Except as provided in Subsection (5)(c), when a referendum petition has been
declared sufficient, the local law that is the subject of the petition does not take effect unless
and until the local law is approved by a vote of the people.
]
[
(c) When a referendum petition challenging a subjurisdictional law has been declared
sufficient, the subjurisdictional law that is the subject of the petition does not take effect unless
and until the subjurisdictional law is approved by a vote of the people who reside in the
subjurisdiction.
]
[
(6) If the referendum passes, the local law that was challenged by the referendum is
repealed as of the date of the election.
]
[
(7)
] 
(6)
 Nothing in this section authorizes a local legislative body to impose a tax or
other payment obligation on a subjurisdiction in order to benefit an area outside of the
subjurisdiction.
Section 36. Section 
20A-7-602
 is amended to read:
20A-7-602.
Local referendum process -- Application procedures.
(1) [
An eligible voter
] 
Individuals
 wishing to circulate a referendum petition shall file
an application with the local clerk.
(2) The application shall contain:
(a) the name and residence address of at least five sponsors of the referendum petition;
[
(b) a certification indicating that each of the sponsors is a resident of Utah;
]
[
(c)
] 
(b)
 a statement indicating that each of the sponsors [
has voted in an election in
Utah in the last three years;
] 
is registered to vote in Utah;
(c) a statement indicating whether persons gathering signatures for the petition may be
paid for gathering signatures;
(d) the signature of each of the sponsors, acknowledged by a notary public; and
(e) (i) if the referendum challenges an ordinance or resolution, one copy of the law; or
(ii) if the referendum challenges a local law that is not an ordinance or resolution, a
written description of the local law, including the result of the vote on the local law.
Section 37. Section 
20A-7-603
 is amended to read:
20A-7-603.
Form of referendum petition and signature sheets.
(1) (a) Each proposed referendum petition shall be printed in substantially the
following form:
"REFERENDUM PETITION To the Honorable ____, County Clerk/City
Recorder/Town Clerk:
We, the undersigned citizens of Utah, respectfully order that (description of local law or
portion of local law being challenged), passed by the ____ be referred to the voters for their
approval or rejection at the regular/municipal general election to be held on
__________(month\day\year);
Each signer says:
I have personally signed this petition;
The date next to my signature correctly reflects the date that I actually signed the
petition;
I have personally reviewed the entire statement included with this packet;
I am registered to vote in Utah or intend to become registered to vote in Utah before the
certification of the petition names by the county clerk; and
My residence and post office address are written correctly after my name."
.
(b) The sponsors of a referendum 
or an agent of the sponsors
 shall attach a copy of the
law that is the subject of the referendum to each referendum petition.
(2) Each signature sheet shall:
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
(b) be ruled with a horizontal line three-fourths inch from the top, with the space above
that line blank for the purpose of binding;
(c) contain the title of the referendum printed below the horizontal line
, in at least
14-point bold type
;
(d) contain the word "Warning" printed or typed at the top of each signature sheet
under the title of the referendum;
(e) contain, to the right of the word "Warning," the following statement printed or
typed in not less than eight-point[
, single-leaded
] type:
"It is a class A misdemeanor for an individual to sign a referendum petition with any
other name than the individual's own name, or to knowingly sign the individual's name more
than once for the same measure, or to sign a referendum petition when the individual knows
that the individual is not a registered voter and knows that the individual does not intend to
become registered to vote before the certification of the petition names by the county clerk.";
(f) contain horizontally ruled lines three-eighths inch apart under the [
"Warning"
]
warning
 statement [
required by this section
] 
described in Subsection (2)(e)
;
(g) be vertically divided into columns as follows:
(i) the edge of the first column shall appear .5 inch from the extreme left of the sheet,
be .25 inch wide, and be headed, together with the second column, "For Office Use Only";
(ii) the second column shall be .25 inch wide;
(iii) the third column shall be 2.5 inches wide, headed "Registered Voter's Printed
Name (must be legible to be counted)";
(iv) the fourth column shall be 2.5 inches wide, headed "Signature of Registered
Voter";
(v) the fifth column shall be .75 inch wide, headed "Date Signed";
(vi) the sixth column shall be three inches wide, headed "Street Address, City, Zip
Code"; and
(vii) the seventh column shall be .75 inch wide, headed "Birth Date or Age (Optional)";
(h) be horizontally divided into rows as follows:
(i) the top of the first row, for the purpose of entering the information described in
Subsection (2)(g), shall be .5 inch high;
(ii) the second row shall be .15 inch high and contain the following statement printed
or typed in not less than [
eight-point, single-leaded
] 
12-point
 type: "By signing this petition,
you are stating that you have read and understand the law this petition seeks to overturn."; and
(iii) the first and second rows shall be repeated, in order, leaving sufficient room at the
bottom of the sheet for the information described in Subsection (2)(i); and
(i) at the bottom of the sheet, contain the following statement: "Birth date or age
information is not required, but it may be used to verify your identity with voter registration
records. If you choose not to provide it, your signature may not be verified as a valid signature
if you change your address before petition signatures are verified or if the information you
provide does not match your voter registration records."
.
(3) The final page of each referendum packet shall contain the following printed or
typed statement:
"Verification
State of Utah, County of ____
I, _______________, of ____, hereby state
, under penalty of perjury,
 that:
I am a resident of Utah and am at least 18 years old;
All the names that appear in this [
referendum
] packet were signed by individuals who
professed to be the individuals whose names appear in it, and each of the individuals signed the
individual's name on it in my presence;
I did not knowingly make a misrepresentation of fact concerning the law this petition
seeks to overturn;
I believe that each individual has printed and signed the individual's name and written
the individual's post office address and residence correctly, 
that each signer has read and
understands the law that the referendum seeks to overturn,
 and that each signer is registered to
vote in Utah or intends to become registered to vote before the certification of the petition
names by the county clerk.
[
_____________________________"
]
[
(4) The forms prescribed in this section are not mandatory, and, if
]
Each individual who signed the packet wrote the correct date of signature next to the
individual's name.
I have not paid or given anything of value to any individual who signed this petition to
encourage that individual to sign it.
_____________________________________________________________________
(Name) (Residence Address) (Date)".
(4) If the forms described in this section are
 substantially followed, the referendum
petitions are sufficient, notwithstanding clerical and merely technical errors.
(5) An individual's status as a resident, under Subsection (3), is determined in
accordance with Section 
20A-2-105
.
Section 38. Section 
20A-7-604
 is amended to read:
20A-7-604.
Circulation requirements -- Local clerk to provide sponsors with
materials.
(1) In order to obtain the necessary number of signatures required by this part, the
sponsors 
or an agent of the sponsors
 shall, after the sponsors receive the documents described
in [
Subsection
] 
Subsections
 (2) and [
Subsection
] 
20A-7-401.5
(4)(b), circulate referendum
packets that meet the form requirements of this part.
(2) Within five days after the day on which a county, city, town, metro township, or
court determines, in accordance with Section 
20A-7-602.7
, that a proposed referendum is
legally referable to voters, the local clerk shall furnish to the sponsors
:
(a)
 a copy of the referendum petition
;
 and
(b)
 a signature sheet.
(3) The sponsors of the petition shall:
(a) arrange and pay for the printing of all additional copies of the petition and signature
sheets; and
(b) ensure that the copies of the petition and signature sheets meet the form
requirements of this section.
(4) (a) The sponsors 
or an agent of the sponsors
 may prepare the referendum for
circulation by creating multiple referendum packets.
(b) The sponsors 
or an agent of the sponsors
 shall create [
those
] 
referendum
 packets by
binding a copy of the referendum petition, a copy of the law that is the subject of the
referendum, and no more than 50 signature sheets together at the top in [
such a way
] 
a manner
that the packets may be conveniently opened for signing.
(c) [
The sponsors need not attach
] 
A referendum packet is not required to have
 a
uniform number of signature sheets [
to each referendum packet
].
(d) The sponsors 
or an agent of the sponsors
 shall include, with each packet, a copy of
the proposition information pamphlet provided to the sponsors under Subsection
20A-7-401.5
(4)(b).
(5) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:
(i) contact the county clerk to receive a range of numbers that the sponsors may use to
number signature packets; and
(ii) number each signature packet, sequentially, within the range of numbers provided
by the county clerk, starting with the lowest number in the range.
(b) The sponsors or an agent of the sponsors may not:
(i) number a signature packet in a manner not directed by the county clerk; or
(ii) circulate or submit a signature packet that is not numbered in the manner directed
by the county clerk.
(c) The county clerk shall keep a record of the number range provided under
Subsection (5)(a).
Section 39. Section 
20A-7-605
 is amended to read:
20A-7-605.
Obtaining signatures -- Verification -- Removal of signature.
(1) [
Any
] 
A
 Utah voter may sign a local referendum petition if the voter is a legal voter
and resides in the local jurisdiction.
(2) (a) The sponsors shall ensure that the individual in whose presence each signature
sheet was signed:
(i) is at least 18 years old and meets the residency requirements of Section 
20A-2-105
;
[
and
]
(ii) verifies each signature sheet by completing the verification printed on the last page
of each referendum packet[
.
]
; and
(iii) is informed that each signer is required to read and understand the law that the
referendum seeks to overturn.
(b) An individual may not sign the verification printed on the last page of the
referendum packet if the individual signed a signature sheet in the referendum packet.
[
(3) (a) Any voter who has signed a referendum petition may have the voter's signature
removed from the petition by submitting a statement to that effect to the county clerk.
]
[
(b) Except as provided in Subsection (3)(c), upon receipt of the statement, the county
clerk shall remove the signature of the individual submitting the statement from the referendum
petition.
]
[
(c) A county clerk may not remove signatures from a referendum petition later than
seven days after the day on which the sponsors timely submit the last signature packet to the
county clerk.
]
[
(4) The sponsors of a referendum petition:
]
[
(a) shall, for each signature packet:
]
[
(i) within seven days after the day on which the first individual signs the signature
packet, provide a clear, legible image of all signatures on the signature packet to the county
clerk via email or other electronic means; and
]
[
(ii) immediately send a new image if the county clerk informs the sponsors that the
image is not clear and legible;
]
[
(b) may not permit additional signatures on a signature packet of which the sponsors
have sent an image under Subsection (4)(a); and
]
[
(c) may not submit a signature packet to the county clerk unless the sponsors timely
comply with the requirements of Subsection (4)(a) in relation to the signature packet.
]
[
(5) Each person who gathers a signature removal statement described in Subsection
(3):
]
[
(a) shall, within seven days after the day on which the individual signs the signature
removal statement, provide a clear, legible image of the statement to the county clerk via email
or other electronic means; and
]
[
(b) shall, immediately send a new image if the local clerk informs the sender that the
image is not clear and legible; and
]
[
(c) may not submit a signature removal statement to the county clerk, unless the
sender timely complies with the requirements of Subsections (5)(a) and (b) in relation to the
signature removal statement.
]
[
(6) (a) The county clerk shall provide to an individual, upon request, a document or
electronic list containing the name and voter identification number of each individual who
signed the referendum packet.
]
[
(b) Subject to Subsection 
20A-7-606.3
(3), the local clerk may begin certifying,
removing, and tallying signatures upon receipt of an image described in Subsection (4) or (5).
]
(3) (a) A voter who has signed a referendum petition may have the voter's signature
removed from the petition by submitting to the county clerk a statement requesting that the
voter's signature be removed no later than the earlier of:
(i) 30 days after the day on which the voter signs the statement requesting removal; or
(ii) 45 days after the day on which the local clerk posts the voter's name under
Subsection 
20A-7-607
(2)(a).
(b) (i) The statement shall include:
(A) the name of the voter;
(B) the resident address at which the voter is registered to vote;
(C) the signature of the voter; and
(D) the date of the signature described in Subsection (3)(b)(i)(C).
(ii) To increase the likelihood of the voter's signature being identified and removed, the
statement may include the voter's birth date or age.
(c) A voter may not submit a statement by email or other electronic means.
(d) In order for the signature to be removed, the county clerk must receive the
statement before 5 p.m. no later than 45 days after the day on which the local clerk posts the
voter's name under Subsection 
20A-7-607
(2)(a).
(e) A person may only remove a signature from a referendum petition in accordance
with this Subsection (3).
(f) A county clerk shall analyze a signature, for purposes of removing a signature from
a referendum petition, in accordance with Section 
20A-7-606.3
.
Section 40. Section 
20A-7-606
 is amended to read:
20A-7-606.
Submitting the referendum petition -- Certification of signatures by
the county clerks -- Transfer to local clerk.
(1) (a) The sponsors 
or an agent of the sponsors
 shall [
deliver each
] 
submit a
 signed
and verified referendum packet to the county clerk of the county in which the packet was
circulated before 5 p.m. no later than 
the earlier of:
(i) 30 days after the day on which the first individual signs the referendum packet; or
(ii)
days after the day on which the sponsors receive the items described in
Subsection 
20A-7-604
(2) from the local clerk.
(b) A [
sponsor
] 
person
 may not submit a referendum packet after the deadline
[
established in this
] 
described in
 Subsection (1)
(a)
.
[
(2) (a) No later than 15 days after the day on which a county clerk receives a
referendum packet under Subsection (1)(a), the county clerk shall:
]
[
(i) check the names of all persons completing the verification on the last page of each
referendum packet to determine whether those persons are Utah residents and are at least 18
years old; and
]
[
(ii) submit the name of each of those persons who is not a Utah resident or who is not
at least 18 years old to the attorney general and county attorney.
]
[
(b) The county clerk may not certify a signature under Subsection (3) on a referendum
packet that is not verified in accordance with Section 
20A-7-605
.
]
[
(3)
] 
(2)
 No later than [
] 
 days after the day on which a county clerk receives a
verified
 referendum packet under Subsection (1)(a), the county clerk shall:
(a) determine whether each signer is a registered voter according to the requirements of
Section 
20A-7-606.3
;
(b) certify on the [
referendum
] petition whether each name is that of a registered voter;
[
and
]
(c) provide the name and voter identification number of each registered voter certified
under Subsection (2)(b); and
[
(c)
] 
(d)
 deliver [
all of
] the verified [
referendum packets
] 
packet
 to the local clerk.
(3) (a) If the county clerk timely receives a statement requesting signature removal
under Subsection 
20A-7-605
(3), the county clerk shall:
(i) ensure that the voter's name and voter identification number are not included in the
posting described in Subsection 20A-7-607(2)(a); and
(ii) remove the voter's signature from the signature packets and signature packet totals.
(b) The county clerk shall comply with Subsection (3)(a) before the later of:
(i) the deadline described in Subsection (2); or
(ii) two business days after the day on which the county clerk receives a statement
requesting signature removal under Subsection 
20A-7-605
(3).
(c) The local clerk shall post a link in a conspicuous location on the local government's
website to the posting described in Subsection 20A-7-607(2)(a) during the period of time
described in Subsection 
20A-7-607
(2)(a)(i).
(4) The county clerk may not certify a signature under Subsection (2):
(a) on a referendum packet that is not verified in accordance with Section 
20A-7-605
;
or
(b) that does not have a date of signature next to the signature.
(5) A person may not retrieve a referendum packet from a county clerk, or make any
alterations or corrections to a referendum packet, after the referendum packet is submitted to
the county clerk.
Section 41. Section 
20A-7-606.3
 is amended to read:
20A-7-606.3.
Verification of petition signatures.
(1) 
As used in this section:
(a) [
For the purposes of this section, "substantially
] 
"Substantially
 similar name"
means:
(i) the given name and surname shown on the petition, or both, contain only minor
spelling differences when compared to the given name and surname shown on the official
register;
(ii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is a
commonly used abbreviation or variation of the other;
(iii) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is
accompanied by a first or middle initial or a middle name which is not shown on the other
record; or
(iv) the surname shown on the petition exactly matches the surname shown on the
official register, and the given names differ only because one of the given names shown is an
alphabetically corresponding initial that has been provided in the place of a given name shown
on the other record.
(b) [
For the purposes of this section, "substantially
] 
"Substantially
 similar name" does
not mean a name having an initial or a middle name shown on the petition that does not match
a different initial or middle name shown on the official register.
(2) The county clerk shall use the following procedures in determining whether [
or not
]
a signer is a registered voter:
(a) When a signer's name and address shown on the petition exactly match a name and
address shown on the official register and the signer's signature appears substantially similar to
the signature on the statewide voter registration database, the county clerk shall declare the
signature valid.
(b) When there is no exact match of an address and a name, the county clerk shall
declare the signature valid if:
(i) the address on the petition matches the address of an individual on the official
register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the individual described in Subsection (2)(b)(i).
(c) When there is no match of an address and a substantially similar name, the county
clerk shall declare the signature valid if:
(i) the birth date or age on the petition matches the birth date or age of an individual on
the official register with a substantially similar name; and
(ii) the signer's signature appears substantially similar to the signature on the statewide
voter registration database of the individual described in Subsection (2)(c)(i).
(d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
clerk shall declare the signature to be invalid.
[
(3) The county clerk may not provide a final verification of the signature packets
submitted for a proposed referendum until eight days after the day on which a sponsor submits
the final, timely signature packet to the county clerk to be certified.
]
(3) The county clerk shall use the following procedures in determining whether to
remove a signature from a petition after receiving a timely, valid statement requesting removal
of the signature:
(a) if a signer's name and address shown on the statement and the petition exactly
match a name and address shown on the official register and the signer's signature on both the
statement and the petition appears substantially similar to the signature on the statewide voter
registration database, the county clerk shall remove the signature from the petition;
(b) if there is no exact match of an address and a name, the county clerk shall remove
the signature from the petition if:
(i) the address on the statement and the petition matches the address of an individual
on the official register with a substantially similar name; and
(ii) the signer's signature on both the statement and the petition appears substantially
similar to the signature on the statewide voter registration database of the individual described
in Subsection (3)(b)(i);
(c) if there is no match of an address and a substantially similar name, the county clerk
shall remove the signature from the petition if:
(i) the birth date or age on the statement and petition match the birth date or age of an
individual on the official register with a substantially similar name; and
(ii) the signer's signature on both the statement and the petition appears substantially
similar to the signature on the statewide voter registration database of the individual described
in Subsection (3)(c)(i); and
(d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the
county clerk may not remove the signature from the petition.
Section 42. Section 
20A-7-607
 is amended to read:
20A-7-607.
Evaluation by the local clerk -- Determination of election for vote on
referendum.
(1) When [
each
] 
the local clerk receives a
 referendum packet [
is received
] from a
county clerk, the local clerk shall [
check off from the local clerk's
] record the number of [
each
]
the
 referendum packet [
filed
] 
received
.
[
(2) Within two days after the day on which the local clerk receives each referendum
packet from a county clerk, the local clerk shall:
]
[
(a) count the number of the names certified by the county clerks that appear on each
verified signature sheet;
]
(2) (a) The county clerk shall:
(i) post the names and voter identification numbers described in Subsection
20A-7-606
(3)(c) on the lieutenant governor's website, in a conspicuous location designated by
the lieutenant governor, for at least 45 days; and
(ii) update on the local clerk's website the number of signatures certified as of the date
of the update.
(b) The local clerk:
(i) shall, except as provided in Subsection (2)(b)(ii), declare the petition to be sufficient
or insufficient no later than 111 days after the day of the deadline, described in Subsection
20A-7-606
(1), to submit a referendum packet to the county clerk; or
(ii) may declare the petition to be insufficient before the day described in Subsection
(2)(b)(i) if:
(A) the total of all valid signatures on timely and lawfully submitted signature packets
that have been certified by the county clerk, plus the number of signatures on timely and
lawfully submitted signature packets that have not yet been evaluated for certification, is less
than the number of names required under Section 
20A-7-601
; or
(B) a requirement of this part has not been met.
[
(b)
] 
(c)
 [
if
] 
If
 the total number of [
certified names from each verified signature sheet
]
names certified under this Subsection (2)
 equals or exceeds the number of names required [
by
]
under
 Section 
20A-7-601
,
 and the requirements of this part are met, 
the local clerk shall
 mark
upon the front of the petition the word "sufficient";
[
(c)
] 
(d)
 [
if
] 
If
 the total number of [
certified names from each verified signature sheet
]
names certified under this Subsection (2)
 does not equal or exceed the number of names
required [
by
] 
under
 Section 
20A-7-601
 or a requirement of this part is not met, 
the local clerk
shall
 mark upon the front of the petition the word "insufficient
.
"[
; and
]
[
(d)
] 
(e) The local clerk shall immediately
 notify any one of the sponsors of the local
clerk's finding.
(f) After a petition is declared insufficient, a person may not submit additional
signatures to qualify the petition for the ballot.
[
(3) If the local clerk finds the total number of certified signatures from each verified
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
for a recount of the signatures appearing on the referendum petition in the presence of any
sponsor.
]
[
(4)
] 
(3)
 (a) If the local clerk refuses to accept and file any referendum petition, any
voter may apply to a court for an extraordinary writ to compel the local clerk to do so within 10
days after the refusal.
(b) If [
a
] 
the
 court determines that the referendum petition is legally sufficient, the local
clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of
the date on which [
it
] 
the petition
 was originally offered for filing in the local clerk's office.
(c) If [
a
] 
the
 court determines that any petition filed is not legally sufficient, the court
may enjoin the local clerk and all other officers from:
(i) certifying or printing the ballot title and numbers of that measure on the official
ballot for the next election; or
(ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,
or mailing the ballot title and numbers of that measure under Section 
20A-7-609.5
.
[
(5)
] 
(4)
 A petition determined to be sufficient in accordance with this section is
qualified for the ballot.
[
(6)
] 
(5)
 (a) If a referendum relates to legislative action taken after April 15, the
election officer may not place the referendum on an election ballot until a primary election, a
general election, or a special election the following year.
(b) For a referendum on a land use law, if, before August 30, the local clerk or a court
determines that the total number of certified names equals or exceeds the number of signatures
required in Section 
20A-7-601
, the election officer shall place the referendum on the election
ballot for the next general election.
Section 43. Section 
20A-7-608
 is amended to read:
20A-7-608.
Ballot title -- Duties of local clerk and local attorney.
(1) Upon receipt of a referendum petition, the local clerk shall deliver a copy of the
petition and the proposed law to the local attorney.
(2) The local attorney shall:
(a) entitle each county or municipal referendum that [
has qualified
] 
qualifies
 for the
ballot "Proposition Number __" and give [
it
] 
the referendum
 a number [
as
] assigned [
under
] 
in
accordance with
 Section 
20A-6-107
;
(b) prepare a proposed ballot title for the referendum;
(c) file the proposed ballot title and the numbered referendum [
titles
] 
title
 with the
local clerk within 20 days after the day on which an eligible voter submits the referendum
petition to the local clerk; and
(d) promptly provide notice of the filing of the proposed ballot title to:
(i) the sponsors of the petition; and
(ii) the local legislative body for the jurisdiction where the referendum petition was
circulated.
(3) (a) The ballot title may be distinct from the title of the law that is the subject of the
petition, and shall express, in not exceeding 100 words, the purpose of the measure.
(b) In preparing a ballot title, the local attorney shall, to the best of the local attorney's
ability, give a true and impartial statement of the purpose of the measure.
(c) The ballot title may not intentionally be an argument, or likely to create prejudice,
for or against the measure.
(4) (a) Within five calendar days after the [
date
] 
day on which
 the local attorney files a
proposed ballot title under Subsection (2)(c), the local legislative body for the jurisdiction
where the referendum petition was circulated and the sponsors of the petition may file written
comments in response to the proposed ballot title with the local clerk.
(b) Within five calendar days after the last date to submit written comments under
Subsection (4)(a), the local attorney shall:
(i) review any written comments filed in accordance with Subsection (4)(a);
(ii) prepare a final ballot title that meets the requirements of Subsection (3); and
(iii) return the petition and file the ballot title with the local clerk.
(c) Subject to Subsection (6), the ballot title, as determined by the local attorney, shall
be printed on the official ballot.
(5) Immediately after the local attorney files a copy of the ballot title with the local
clerk, the local clerk shall serve a copy of the ballot title by mail upon the sponsors of the
petition and the local legislative body for the jurisdiction where the referendum petition was
circulated.
(6) (a) If the ballot title furnished by the local attorney is unsatisfactory or does not
comply with the requirements of this section, the decision of the local attorney may be
appealed to the [
district court, or, if the Supreme Court has original jurisdiction, to the
Supreme Court, brought
] 
appropriate court
 by:
(i) at least three sponsors of the referendum petition; or
(ii) a majority of the local legislative body for the jurisdiction where the referendum
petition was circulated.
(b) The court:
(i) shall examine the measures and consider the arguments; and
(ii) may issue an order to the local clerk that includes a ballot title for the measure that
fulfills the intent of this section.
(c) The local clerk shall print the title [
certified
]
, as directed
 by the court
,
 on the
official ballot.
Section 44. Section 
20A-7-610
 is amended to read:
20A-7-610.
Return and canvass -- Conflicting measures -- Law effective on
proclamation.
(1) The votes on the proposed law that is the subject of the referendum petition shall be
counted, canvassed, and delivered as provided in Title 20A, Chapter 4, Part 3, Canvassing
Returns.
(2) After the local board of canvassers completes the canvass, the local clerk shall
certify to the local legislative body the vote for and against the proposed law that is the subject
of the referendum petition.
(3) (a) The local legislative body shall immediately issue a proclamation that:
(i) gives the total number of votes cast in the local jurisdiction for and against each
proposed law that is the subject of a referendum petition; and
(ii) 
in accordance with Section 
20A-7-611
,
 declares those laws that are the subject of a
referendum petition that were approved by majority vote to be in full force and effect as the law
of the local jurisdiction.
(b) When the local legislative body determines that two proposed laws, or that parts of
two proposed laws approved by the people at the same election are entirely in conflict, [
they
]
the local legislative body
 shall proclaim that measure to be law that [
has
] received the greatest
number of affirmative votes, regardless of the difference in the majorities which those
measures have received.
(4) (a) Within 10 days after the 
day on which the
 local legislative [
body's
] 
body issues
the
 proclamation, any qualified voter residing in the jurisdiction for a law that is declared by
the local legislative body to be superseded by another measure approved at the same election
may bring an action in [
a district court, or, if the Supreme Court has original jurisdiction, the
Supreme Court
] 
the appropriate court
 to review the decision.
(b) The court shall:
(i) consider the matter and decide whether the proposed laws are entirely in conflict;
and
(ii) issue an order, consistent with the court's decision, to the local legislative body.
(5) Within 10 days after the day on which the court [
certifies the decision
] 
enters an
order under Subsection (4)(b)(ii)
, the local legislative body shall:
(a) proclaim as law all measures approved by the people that the court determines are
not in conflict; and
(b) for the measures approved by the people as law that the court determines to be in
conflict, proclaim as law the measure that received the greatest number of affirmative votes,
regardless of the difference in majorities.
Section 45. Section 
20A-7-611
 is amended to read:
20A-7-611.
Temporary stay -- Effective date -- Effect of repeal by local legislative
body.
(1)
 Any proposed law submitted to the people by referendum petition that is rejected by
the voters at any election is repealed as of the date of the election.
(2) If, at the time during the process described in Subsection 
20A-7-307
(2), the local
clerk determines that, at that point in time, an adequate number of signatures are certified to
comply with the signature requirements, the local clerk shall:
(a) issue an order temporarily staying the law from going into effect; and
(b) continue the process of certifying signatures and removing signatures as required by
this part.
(3) The temporary stay described in Subsection (2) remains in effect, regardless of
whether a future count falls below the signature threshold, until the day on which:
(a) if the local clerk declares the petition insufficient, five days after the day on which
the local clerk declares the petition insufficient; or
(b) if the local clerk declares the petition sufficient, the day on which the local
legislative body issues the proclamation described in Section 
20A-7-610
.
(4) A proposed law submitted to the people by referendum petition that is approved by
the voters at an election takes effect the later of:
(a) five days after the date of the official proclamation of the vote by the local
legislative body; or
(b) the effective date specified in the proposed law.
(5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the
local clerk declares the petition insufficient, the proposed law takes effect the later of:
(a) five days after the day on which the local clerk declares the petition insufficient; or
(b) the effective date specified in the proposed law.
(6) (a) A law adopted by the people under this part is not subject to veto.
(b) The local legislative body may amend any laws approved by the people under this
part after the people approve the law.
(7) If the local legislative body repeals a law challenged by referendum petition under
this part, the referendum petition is void and no further action on the referendum petition is
required.
Section 46. Section 
20A-7-613
 is amended to read:
20A-7-613.
Property tax referendum petition.
(1) As used in this section, "certified tax rate" means the same as that term is defined in
Section 
59-2-924
.
(2) Except as provided in this section, the requirements of this part apply to a
referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that
exceeds the certified tax rate.
(3) Notwithstanding Subsection 
20A-7-606
(1), the sponsors 
or an agent of the sponsors
shall deliver [
each
] 
a
 signed and verified referendum packet to the county clerk of the county in
which the packet was circulated before 5 p.m. no later than 
the earlier of:
(a) 30 days after the day on which the first individual signs the packet; or
(b)
days after the day on which the local clerk complies with Subsection
20A-7-604
(2).
(4) Notwithstanding Subsections 
20A-7-606
(2) and (3), the county clerk shall take the
actions required in Subsections 
20A-7-606
(2) and (3) within 10 working days after the day on
which the county clerk receives the signed and verified referendum packet as described in
Subsection (3).
(5) The local clerk shall take the actions required by Section 
20A-7-607
 within two
working days after the day on which the local clerk receives the referendum packets from the
county clerk.
(6) Notwithstanding Subsection 
20A-7-608
(2), the local attorney shall prepare the
ballot title within two working days after the day on which the referendum petition is declared
sufficient for submission to a vote of the people.
(7) Notwithstanding Subsection 
20A-7-609
(2)(c), a referendum that qualifies for the
ballot under this section shall appear on the ballot for the earlier of the next regular general
election or the next municipal general election unless a special election is called.
(8) The election officer shall mail manual ballots on a referendum under this section the
later of:
(a) the time provided in Section 
20A-3a-202
 or 
20A-16-403
; or
(b) the time that ballots are prepared for mailing under this section.
(9) Section 
20A-7-402
 does not apply to a referendum described in this section.
(10) (a) If a majority of voters does not vote against imposing the tax at a rate
calculated to generate the increased revenue budgeted, adopted, and approved by the taxing
entity's legislative body:
(i) the certified tax rate for the fiscal year during which the referendum petition is filed
is its most recent certified tax rate; and
(ii) the proposed increased revenues for purposes of establishing the certified tax rate
for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed
increased revenues budgeted, adopted, and approved by the taxing entity's legislative body
before the filing of the referendum petition.
(b) If a majority of voters votes against imposing a tax at the rate established by the
vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the
taxing entity's most recent certified tax rate.
(c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not
required to comply with the notice and public hearing requirements of Section 
59-2-919
 if the
taxing entity complies with those notice and public hearing requirements before the referendum
petition is filed.
(11) The ballot title shall, at a minimum, include in substantially this form the
following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount
sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as
budgeted, adopted, and approved by the [name of the taxing entity]
.
".
(12) A taxing entity shall pay the county the costs incurred by the county that are
directly related to meeting the requirements of this section and that the county would not have
incurred but for compliance with this section.
(13) (a) An election officer shall include on a ballot a referendum that has not yet
qualified for placement on the ballot, if:
(i) sponsors file an application for a referendum described in this section;
(ii) the ballot will be used for the election for which the sponsors are attempting to
qualify the referendum; and
(iii) the deadline for qualifying the referendum for placement on the ballot occurs after
the day on which the ballot will be printed.
(b) If an election officer includes on a ballot a referendum described in Subsection
(13)(a), the ballot title shall comply with Subsection (11).
(c) If an election officer includes on a ballot a referendum described in Subsection
(13)(a) that does not qualify for placement on the ballot, the election officer shall inform the
voters by any practicable method that the referendum has not qualified for the ballot and that
votes cast in relation to the referendum will not be counted.
Section 47. 
Repealer.
This bill repeals:
Section 
20A-7-205.5
,
Initial disclosures -- Paid circulators.