Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 367 Third Substitute (2024GS)

Sponsor

Rep. Peterson, K.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• prohibits a city from imposing a fee on the general public for broadband or public safety service, with exceptions;
• authorizes a city to impose a transportation utility fee if the city complies with certain requirements;
• establishes a process and requirements for a city to impose a transportation utility fee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LOCAL GOVERNMENT FEES MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen M. Peterson
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
General Description:
This bill modifies and enacts provisions relating to municipal fees. 
Highlighted Provisions:
This bill:
▸ prohibits a city from imposing a fee on the general public for broadband or public
safety service, with exceptions;
▸ authorizes a city to impose a transportation utility fee if the city complies with
certain requirements;
▸ establishes a process and requirements for a city to impose a transportation utility
fee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-1-406
, as enacted by Laws of Utah 2003, Chapter 253
20A-7-101
, as last amended by Laws of Utah 2023, Chapters 107, 116
20A-7-607
, as last amended by Laws of Utah 2023, Chapters 107, 116
20A-7-609.5
, as last amended by Laws of Utah 2020, Chapter 31
20A-7-613
, as last amended by Laws of Utah 2023, Chapter 116
ENACTS:
10-6-134.3
, Utah Code Annotated 1953
10-6-134.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-1-406
 is amended to read:
10-1-406.
Limitation of other telecommunications taxes or fees.
(1) 
As used in this section:
(a) "Broadband" means facilities and services used to make high-capacity, high-speed
Internet service available to users.
(b) "General fee" means the same as that term is defined in Section 
10-6-134.3
.
(2) (a) Except as provided in Subsection (2)(b), a city may not impose a general fee for
broadband.
(b) (i) Subject to Subsection (2)(b)(ii), a city that, before May 1, 2024, imposes a
general fee for broadband shall repeal the general fee no later than July 1, 2025.
(ii) A city that, before May 1, 2024, issues a bond secured by revenue from a general
fee for broadband shall repeal the general fee within 60 days after the bond is paid.
(3)
 Subject to the other provisions of this section, a municipality may not levy or
collect a telecommunications tax or fee on a person except for a telecommunications tax or fee
imposed by the municipality:
(a) on a telecommunications provider to recover the management costs of the
municipality caused by the activities of the telecommunications provider in the right-of-way of
a municipality if the telecommunications tax or fee:
(i) is imposed in accordance with Section 
72-7-102
; and
(ii) is not related to:
(A) a municipality's loss of use of a highway as a result of the activities of the
telecommunications provider in a right-of-way; or
(B) increased deterioration of a highway as a result of the activities of the
telecommunications provider in a right-of-way; or
(b) on a person that:
(i) is not subject to a municipal telecommunications license tax under this part; and
(ii) locates telecommunications facilities, as defined in Section 
72-7-108
, in the
municipality.
[
(2)
] 
(4)
 Subsection [
(1)(a)
] 
(3)(a)
 may not be interpreted as exempting a
telecommunications provider from complying with any ordinance:
(a) related to excavation, construction, or installation of a telecommunications facility;
and
(b) that addresses the safety and quality standards of the municipality for excavation,
construction, or installation.
[
(3)
] 
(5)
 A telecommunications tax or fee imposed under Subsection [
(1)(b)
] 
(3)(b)
shall be imposed:
(a) by ordinance; and
(b) on a competitively neutral basis.
Section 2. Section 
10-6-134.3
 is enacted to read:
 10-6-134.3.
General fee for public safety service prohibited -- Exception.
(1) As used in this section:
(a) (i) "General fee" means a fee imposed generally on the public at large or on a
segment of the public.
(ii) "General fee" does not include:
(A) a fee that a city charges an identifiable user of a city-provided service or a city
facility to cover the city's cost of the user's use of the service or facility; or
(B) a registration or similar fee that a city charges a participant in an activity or
program sponsored by the city to offset the city's administrative cost of sponsoring the activity
or program.
(b) "Public safety service" means law enforcement service, fire protection service, 911
ambulance or paramedic service, or emergency service.
(2) (a) Except as provided in Subsection (2)(b), a city may not impose a general fee for
a public safety service.
(b) A city of the third, fourth, or fifth class may impose a general fee for a public safety
service if the fee is to generate revenue to pay for the city's obligation under an agreement with
one or more other cities for public safety service provided to the city.
(3) A city that, before May 1, 2024, imposes a general fee for a public safety service
that is prohibited under Subsection (2) shall repeal the general fee no later than July 1, 2025.
Section 3. Section 
10-6-134.5
 is enacted to read:
 10-6-134.5.
Transportation utility fee.
(1) As used in this section:
(a) "Transportation facility" means any of the items listed in Subsection
59-12-2212.2
(1) as purposes for which revenue from a local option sales and use tax under
Section 
59-12-2212.2
 may be expended.
(b) "Transportation utility fee" means a fee imposed on the public at large or on a user
segment to generate revenue to pay for costs associated with developing, constructing,
maintaining, operating, repairing, upgrading, or replacing a transportation facility.
(c) "Transportation fund" means a fund described in and established under Subsection
(8).
(d) "User segment" means a segment of the city's population based on a classification
established under Subsection (7).
(2) (a) A city may impose and collect a transportation utility fee only as provided in
this section.
(b) A city may impose a transportation utility fee to provide funding for any number of
transportation facilities but may not have more than a single transportation utility fee in effect
at a time.
(3) To impose or increase a transportation utility fee, a municipality shall:
(a) conduct a study as provided in Subsection (4);
(b) follow the process described in Subsection (5); and
(c) adopt an ordinance imposing or increasing a transportation utility fee, as provided
in Subsection (6).
(4) (a) A city may not impose or increase a transportation utility fee unless the city first
conducts a study as described in this Subsection (4).
(b) A study under Subsection (4)(a) shall;
(i) if a transportation utility fee is proposed to cover some or all of the cost of
constructing a new transportation facility or upgrading or replacing an existing transportation
facility:
(A) determine and provide a reasonable estimate of the need for a new or upgraded
transportation facility or replacing an existing transportation facility; and
(B) explain and provide a reasonable calculation showing how existing city funding
sources are inadequate to cover the cost of constructing a new transportation facility or
upgrading or replacing an existing transportation facility;
(ii) if a transportation utility fee is proposed to cover some or all of the cost of
maintaining, operating, or repairing an existing transportation facility:
(A) identify and provide a reasonable estimate of existing funding sources that pay for
maintaining, operating, and repairing the existing transportation facility; and
(B) explain and provide a reasonable calculation showing how the city's existing
funding sources are inadequate to pay for maintaining, operating, and repairing the existing
transportation facility; and
(iii) determine whether there is a reasonable basis for different rates within a proposed
transportation utility fee, as described in Subsection (7), and, if so, explain the basis for the
proposed different rates.
(5) (a) Subject to Subsection (5)(b), before adopting an ordinance imposing or
increasing a transportation utility fee, the governing body shall comply with the notice and
public hearing requirements established in Sections 
10-6-113
 and 
10-6-114
.
(b) (i) The governing body of a city that proposes to impose or increase a transportation
utility fee shall, in addition to the notice required under Section 
10-6-113
, provide notice of the
proposed fee and the public hearing:
(A) in prominent lettering on or a separate notice with the city's monthly utility bill or
newsletter, if the city mails or emails residents a monthly utility bill or a regular newsletter; or
(B) in a separate notice sent by mail or email to city residents, if the city does not
provide residents a monthly utility bill or a regular newsletter.
(ii) The public hearing required for a proposal to impose or increase a transportation
utility fee may be held in conjunction with a budget hearing under Section 
10-6-114
 but shall
be separate and distinct from the budget hearing.
(6) (a) A transportation utility fee may be imposed or increased only by an ordinance
adopted by the city's governing body.
(b) (i) Subject to Subsection (6)(b)(ii), the governing body may adopt an ordinance
imposing or increasing a transportation utility fee at the same meeting in which the public body
adopts the city budget.
(ii) The governing body vote on the imposition or increase of a transportation utility
fee shall be separate from the governing body vote on the city budget or any other item.
(c) The amount of a transportation utility fee for the city's population or for any user
segment shall be reasonably related to the impact on or usage of the transportation facility by
the city's population or that user segment, as stated in the study under Subsection (4).
(d) (i) Revenue from a transportation utility fee may not supplant existing general fund
appropriations that the city has budgeted for transportation facilities as of the date the
transportation utility fee becomes effective.
(ii) The limitation under Subsection (6)(d)(i) does not apply to a designated
transportation facilities capital or reserve account established before the effective date of a
transportation utility fee under this section.
(7) (a) A city may establish different rates within a transportation utility fee for
different classifications of users of a transportation facility if the rates and classifications have a
reasonable basis.
(b) (i) A reasonable basis under Subsection (7)(a) may include:
(A) a difference in the cost of providing a transportation facility to different
classifications of users;
(B) a difference in levels of risk to the operation of a transportation facility for different
classifications of users;
(C) differing contributions that different classifications of users make, separate from a
transportation utility fee, to the cost of constructing, maintaining, or operating a transportation
facility; and
(D) distinguishable differences in the needs or conditions of different classifications of
users based on economic, public policy, or other identifiable elements.
(ii) A reasonable basis under Subsection (7)(a) does not include whether a user resides
inside or outside the city boundary.
(8) (a) A city that imposes a transportation utility fee shall establish a fund as provided
in this Subsection (8).
(b) A city shall deposit into the transportation fund all revenue from a transportation
utility fee.
(c) A city may not:
(i) deposit into or commingle with a transportation fund any money from any other
source; or
(ii) use money in a transportation fund for any purpose other than to pay for the cost of:
(A) the construction of a new transportation facility;
(B) upgrading or replacing an existing transportation facility;
(C) the maintenance, operation, or repair of an existing transportation facility; or
(D) administrative costs associated with the transportation fund or with activities
described in Subsections (8)(c)(ii)(A), (B), and (C).
(d) Notwithstanding Sections 
10-6-124
, 
10-6-125
, and 
10-6-135.5
, a city may not
transfer money in a transportation fund to any other fund or to a separate account.
(9) (a) A city that imposes a transportation utility fee shall conduct an annual review of
the transportation utility fee as provided in this Subsection (9).
(b) In an annual review under Subsection (9)(a), the governing body shall:
(i) review the balance of the transportation fund;
(ii) review the current amount of the transportation utility fee;
(iii) demonstrate that there is still a reasonable relationship between the amount of the
transportation utility fee and the transportation service provided to those who pay the fee;
(iv) consider other possible revenue sources that the city could use for transportation
facilities instead of a transportation utility fee;
(v) ensure that Subsection (6)(d) is being complied with; and
(vi) demonstrate that revenue from the transportation utility fee continues to be needed
to provide a transportation facility that the city could not otherwise provide from other existing
revenue sources.
(10) (a) A transportation utility fee imposed under this section expires 10 years after
the effective date of the ordinance imposing the transportation utility fee.
(b) The 10-year period in Subsection (10)(a) begins again with any subsequent
adoption of any ordinance imposing a transportation utility fee after the initial adoption of an
ordinance imposing a transportation utility fee.
(11) An ordinance imposing a transportation utility fee is subject to local referendum
as provided in Title 20A, Chapter 7, Part 6, Local Referenda - Procedures.
(12) A city that, before May 1, 2024, imposes a fee to pay for a transportation facility
shall, no later than July 1, 2026:
(a) ensure that requirements of this section have been complied with for the fee that the
city imposes; or
(b) repeal the fee.
Section 4. Section 
20A-7-101
 is amended to read:
20A-7-101.
Definitions.
As used in this chapter:
(1) "Approved device" means a device described in Subsection 
20A-21-201
(4) used to
gather signatures for the electronic initiative process, the electronic referendum process, or the
electronic candidate qualification process.
(2) "Budget officer" means:
(a) for a county, the person designated as finance officer as defined in Section 
17-36-3
;
(b) for a city, the person designated as budget officer in Subsection 
10-6-106
(4);
(c) for a town, the town council; or
(d) for a metro township, the person described in Subsection (2)(a) for the county in
which the metro township is located.
(3) "Certified" means that the county clerk has acknowledged a signature as being the
signature of a registered voter.
(4) "Circulation" means the process of submitting an initiative petition or a referendum
petition to legal voters for their signature.
(5) "Electronic initiative process" means:
(a) as it relates to a statewide initiative, the process, described in Sections 
20A-7-215
and 
20A-21-201
, for gathering signatures; or
(b) as it relates to a local initiative, the process, described in Sections 
20A-7-514
 and
20A-21-201
, for gathering signatures.
(6) "Electronic referendum process" means:
(a) as it relates to a statewide referendum, the process, described in Sections
20A-7-313
 and 
20A-21-201
, for gathering signatures; or
(b) as it relates to a local referendum, the process, described in Sections 
20A-7-614
 and
20A-21-201
, for gathering signatures.
(7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
city, or town that is holding an election on a ballot proposition.
(8) "Final fiscal impact statement" means a financial statement prepared after voters
approve an initiative that contains the information required by Subsection 
20A-7-202.5
(2) or
20A-7-502.5
(2).
(9) "Initial fiscal impact statement" means
a financial statement prepared under Section 
20A-7-202.5
 after the filing of a statewide
initiative application.
(10) "Initial fiscal impact and legal statement" means a financial and legal statement
prepared under Section 
20A-7-502.5
 or 
20A-7-602.5
 for a local initiative or a local
referendum.
(11) "Initiative" means a new law proposed for adoption by the public as provided in
this chapter.
(12) "Initiative application" means:
(a) for a statewide initiative, an application described in Subsection 
20A-7-202
(2) that
includes all the information, statements, documents, and notarized signatures required under
Subsection 
20A-7-202
(2); or
(b) for a local initiative, an application described in Subsection 
20A-7-502
(2) that
includes all the information, statements, documents, and notarized signatures required under
Subsection 
20A-7-502
(2).
(13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
law, and the signature sheets, all of which have been bound together as a unit.
(14) "Initiative petition":
(a) as it relates to a statewide initiative, using the manual initiative process:
(i) means the form described in Subsection 
20A-7-203
(2)(a), petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-203
(2)(b);
(b) as it relates to a statewide initiative, using the electronic initiative process:
(i) means the form described in Subsections 
20A-7-215
(2) and (3), petitioning for
submission of the initiative to the Legislature or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-215
(5)(b);
(c) as it relates to a local initiative, using the manual initiative process:
(i) means the form described in Subsection 
20A-7-503
(2)(a), petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-503
(2)(b); or
(d) as it relates to a local initiative, using the electronic initiative process:
(i) means the form described in Subsection 
20A-7-514
(2)(a), petitioning for
submission of the initiative to the legislative body or the legal voters; and
(ii) if the initiative proposes a tax increase, includes the statement described in
Subsection 
20A-7-514
(4)(a).
(15) (a) "Land use law" means a law of general applicability, enacted based on the
weighing of broad, competing policy considerations, that relates to the use of land, including
land use regulation, a general plan, a land use development code, an annexation ordinance, the
rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
resolution.
(b) "Land use law" does not include a land use decision, as defined in Section
10-9a-103
 or 
17-27a-103
.
(16) "Legal signatures" means the number of signatures of legal voters that:
(a) meet the numerical requirements of this chapter; and
(b) have been obtained, certified, and verified as provided in this chapter.
(17) "Legal voter" means an individual who is registered to vote in Utah.
(18) "Legally referable to voters" means:
(a) for a proposed local initiative, that the proposed local initiative is legally referable
to voters under Section 
20A-7-502.7
; or
(b) for a proposed local referendum, that the proposed local referendum is legally
referable to voters under Section 
20A-7-602.7
.
(19) "Local attorney" means the county attorney, city attorney, or town attorney in
whose jurisdiction a local initiative or referendum petition is circulated.
(20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
jurisdiction a local initiative or referendum petition is circulated.
(21) "Local fiscal law" means a local tax law or a local transportation fee law.
[
(21)
] 
(22)
 (a) "Local law" includes:
(i) an ordinance;
(ii) a resolution;
(iii) a land use law;
(iv) a land use regulation, as defined in Section 
10-9a-103
; or
(v) other legislative action of a local legislative body.
(b) "Local law" does not include a land use decision, as defined in Section 
10-9a-103
.
[
(22)
] 
(23)
 "Local legislative body" means the legislative body of a county, city, town,
or metro township.
[
(23)
] 
(24)
 "Local obligation law" means a local law passed by the local legislative
body regarding a bond that was approved by a majority of qualified voters in an election.
[
(24)
] 
(25)
 "Local tax law" means a law, passed by a political subdivision with an
annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.
(26) "Local transportation fee law" means an ordinance adopted under Section
10-6-134.5
 imposing or increasing a transportation utility fee, as defined in Section 
10-6-134.5
.
[
(25)
] 
(27)
 "Manual initiative process" means the process for gathering signatures for
an initiative using paper signature packets that a signer physically signs.
[
(26)
] 
(28)
 "Manual referendum process" means the process for gathering signatures
for a referendum using paper signature packets that a signer physically signs.
[
(27)
] 
(29)
 "Measure" means a proposed constitutional amendment, an initiative, or
referendum.
[
(28)
] 
(30)
 "Referendum" means a process by which a law passed by the Legislature or
by a local legislative body is submitted or referred to the voters for their approval or rejection.
[
(29)
] 
(31)
 "Referendum application" means:
(a) for a statewide referendum, an application described in Subsection 
20A-7-302
(2)
that includes all the information, statements, documents, and notarized signatures required
under Subsection 
20A-7-302
(2); or
(b) for a local referendum, an application described in Subsection 
20A-7-602
(2) that
includes all the information, statements, documents, and notarized signatures required under
Subsection 
20A-7-602
(2).
[
(30)
] 
(32)
 "Referendum packet" means a copy of the referendum petition, a copy of
the law being submitted or referred to the voters for their approval or rejection, and the
signature sheets, all of which have been bound together as a unit.
[
(31)
] 
(33)
 "Referendum petition" means:
(a) as it relates to a statewide referendum, using the manual referendum process, the
form described in Subsection 
20A-7-303
(2)(a), petitioning for submission of a law passed by
the Legislature to legal voters for their approval or rejection;
(b) as it relates to a statewide referendum, using the electronic referendum process, the
form described in Subsection 
20A-7-313
(2), petitioning for submission of a law passed by the
Legislature to legal voters for their approval or rejection;
(c) as it relates to a local referendum, using the manual referendum process, the form
described in Subsection 
20A-7-603
(2)(a), petitioning for submission of a local law to legal
voters for their approval or rejection; or
(d) as it relates to a local referendum, using the electronic referendum process, the form
described in Subsection 
20A-7-614
(2), petitioning for submission of a local law to legal voters
for their approval or rejection.
[
(32)
] 
(34)
 "Signature":
(a) for a statewide initiative:
(i) as it relates to the electronic initiative process, means an electronic signature
collected under Section 
20A-7-215
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual initiative process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-203
; and
(B) does not include an electronic signature;
(b) for a statewide referendum:
(i) as it relates to the electronic referendum process, means an electronic signature
collected under Section 
20A-7-313
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual referendum process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-303
; and
(B) does not include an electronic signature;
(c) for a local initiative:
(i) as it relates to the electronic initiative process, means an electronic signature
collected under Section 
20A-7-514
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual initiative process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-503
; and
(B) does not include an electronic signature; or
(d) for a local referendum:
(i) as it relates to the electronic referendum process, means an electronic signature
collected under Section 
20A-7-614
 and Subsection 
20A-21-201
(6)(c); or
(ii) as it relates to the manual referendum process:
(A) means a holographic signature collected physically on a signature sheet described
in Section 
20A-7-603
; and
(B) does not include an electronic signature.
[
(33)
] 
(35)
 "Signature sheets" means sheets in the form required by this chapter that are
used under the manual initiative process or the manual referendum process to collect signatures
in support of an initiative or referendum.
[
(34)
] 
(36)
 "Special local ballot proposition" means a local ballot proposition that is
not a standard local ballot proposition.
[
(35)
] 
(37)
 "Sponsors" means the legal voters who support the initiative or referendum
and who sign the initiative application or referendum application.
[
(36)
] 
(38)
 (a) "Standard local ballot proposition" means a local ballot proposition for
an initiative or a referendum.
(b) "Standard local ballot proposition" does not include a property tax referendum
described in Section 
20A-7-613
.
[
(37)
] 
(39)
 "Tax percentage difference" means the difference between the tax rate
proposed by an initiative or an initiative petition and the current tax rate.
[
(38)
] 
(40)
 "Tax percentage increase" means a number calculated by dividing the tax
percentage difference by the current tax rate and rounding the result to the nearest thousandth.
[
(39)
] 
(41)
 "Verified" means acknowledged by the person circulating the petition as
required in Section 
20A-7-105
.
Section 5. Section 
20A-7-607
 is amended to read:
20A-7-607.
Evaluation by the local clerk -- Determination of election for vote on
referendum.
(1) In relation to the manual referendum process, when the local clerk receives a
referendum packet from a county clerk, the local clerk shall record the number of the
referendum packet received.
(2) The county clerk shall:
(a) in relation to the manual referendum process:
(i) post the names, voter identification numbers, and dates of signatures described in
Subsection 
20A-7-105
(6)(a)(iii) on the lieutenant governor's website, in a conspicuous location
designated by the lieutenant governor, for at least 45 days; and
(ii) update on the local clerk's website the number of signatures certified as of the date
of the update; or
(b) in relation to the electronic referendum process:
(i) post the names, voter identification numbers, and dates of signatures described in
Subsection 
20A-7-616
(3) on the lieutenant governor's website, in a conspicuous location
designated by the lieutenant governor, for at least 45 days; and
(ii) update on the lieutenant governor's website the number of signatures certified as of
the date of the update.
(3) The local clerk:
(a) shall, except as provided in Subsection (3)(b), declare the referendum petition to be
sufficient or insufficient:
(i) in relation to the manual referendum process, no later than 111 days after the day of
the deadline, described in Subsection 
20A-7-105
(5)(a)(iv), to submit a referendum packet to
the county clerk; or
(ii) in relation to the electronic referendum process, no later than 111 days after the day
of the deadline, described in Subsection 
20A-7-616
(2), to collect a signature; or
(b) may declare the referendum petition to be insufficient before the day described in
Subsection (3)(a) if:
(i) in relation to the manual referendum process, the total of all valid signatures on
timely and lawfully submitted referendum packets that have been certified by the county clerk,
plus the number of signatures on timely and lawfully submitted referendum packets that have
not yet been evaluated for certification, is less than the number of names required under
Section 
20A-7-601
;
(ii) in relation to the electronic referendum process, the total of all timely and lawfully
submitted valid signatures that have been certified by the county clerks, plus the number of
timely and lawfully submitted valid signatures received under Subsection 
20A-21-201
(6)(b)
that have not yet been evaluated for certification, is less than the number of names required
under Section 
20A-7-601
; or
(iii) a requirement of this part has not been met.
(4) (a) If the total number of names certified under Subsection (3) equals or exceeds
the number of names required under Section 
20A-7-601
, and the requirements of this part are
met, the local clerk shall mark upon the front of the referendum petition the word "sufficient."
(b) If the total number of names certified under Subsection (3) does not equal or
exceed the number of names required under Section 
20A-7-601
 or a requirement of this part is
not met, the local clerk shall mark upon the front of the referendum petition the word
"insufficient."
(c) The local clerk shall immediately notify any one of the sponsors of the local clerk's
finding.
(d) After a referendum petition is declared insufficient, a person may not submit
additional signatures to qualify the referendum for the ballot.
(5) (a) If the local clerk refuses to declare a referendum petition sufficient, any voter
may, no later than 10 days after the day on which the local clerk declares the referendum
petition insufficient, apply to the appropriate court for an order finding the referendum petition
legally sufficient.
(b) If the court determines that the referendum petition is legally sufficient, the local
clerk shall mark the referendum petition "sufficient" and consider the declaration of sufficiency
effective as of the date on which the referendum petition should have been declared sufficient
by the local clerk's office.
(c) If the court determines that a referendum petition filed is not legally sufficient, the
court may enjoin the local clerk and all other officers from:
(i) certifying or printing the ballot title and numbers of that referendum on the official
ballot for the next election; or
(ii) as it relates to a local [
tax
] 
fiscal
 law that is conducted entirely by mail, certifying,
printing, or mailing the ballot title and numbers of that referendum under Section 
20A-7-609.5
.
(6) A referendum petition determined to be sufficient in accordance with this section is
qualified for the ballot.
(7) (a) Except as provided in Subsection (7)(b) or (c), if a referendum relates to
legislative action taken after April 15, the election officer may not place the referendum on an
election ballot until a primary election, a general election, or a special election the following
year.
(b) The election officer may place a referendum described in Subsection (7)(a) on the
ballot for a special, primary, or general election held during the year that the legislative action
was taken if the following agree, in writing, on a timeline to place the referendum on that
ballot:
(i) the local clerk;
(ii) the county clerk; and
(iii) the attorney for the county or municipality that took the legislative action.
(c) For a referendum on a land use law, if, before August 30, the local clerk or a court
determines that the total number of certified names equals or exceeds the number of signatures
required in Section 
20A-7-601
, the election officer shall place the referendum on the election
ballot for:
(i) the next general election; or
(ii) another election, if the following agree, in writing, on a timeline to place the
referendum on that ballot:
(A) the affected owners, as defined in Section 
10-9a-103
 or 
17-27a-103
, as applicable;
(B) the local clerk;
(C) the county clerk; and
(D) the attorney for the county or municipality that took the legislative action.
Section 6. Section 
20A-7-609.5
 is amended to read:
20A-7-609.5.
Election on referendum challenging local fiscal law conducted
entirely by mail.
(1) An election officer may administer an election on a referendum challenging a local
[
tax
] 
fiscal
 law entirely by mail.
(2) For purposes of an election conducted under this section, the election officer shall:
(a) designate as the election day the day that is 30 days after the day on which the
election officer complies with Subsection (2)(b); and
(b) within 30 days after the day on which the referendum described in Subsection (1)
qualifies for the ballot, mail to each registered voter within the voting precincts to which the
local [
tax
] 
fiscal
 law applies:
(i) a manual ballot;
(ii) a statement that there will be no polling place for the election;
(iii) a statement specifying the election day described in Subsection (2)(a);
(iv) a business reply mail envelope;
(v) instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted;
(vi) a warning, on a separate page of colored paper in boldface print, indicating that if
the voter fails to follow the instructions included with the manual ballot, the voter will be
unable to vote in that election because there will be no polling place for the election; and
(vii) (A) a copy of the proposition information pamphlet relating to the referendum if a
proposition information pamphlet relating to the referendum was published under Section
20A-7-401.5
; or
(B) a website address where an individual may view a copy of the proposition
information pamphlet described in Subsection (2)(b)(vii)(A).
(3) An election officer who administers an election under this section shall:
(a) (i) obtain, in person, the signatures of each voter within that voting precinct before
the election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
(4) (a) Upon receiving a returned manual ballot under this section, the election officer
shall compare the signature on each return envelope with the voter's signature that is
maintained on file and verify that the signatures are the same.
(b) If the election officer questions the authenticity of the signature on the return
envelope, the election officer shall immediately contact the voter to verify the signature.
(c) If there is not a signature on the return envelope or if the election officer determines
that the signature on the return envelope does not match the voter's signature that is maintained
on file, the election officer shall:
(i) disqualify the ballot; and
(ii) notify the voter of the disqualification and the reason for the disqualification.
Section 7. 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
:
(a)
 to impose a tax rate that exceeds the certified tax rate[
.
]
; or
(b) to impose or modify a transportation utility fee under Section 
10-6-134.5
.
(3) Notwithstanding Subsection 
20A-7-105
(5)(a)(iv), the sponsors or an agent of the
sponsors shall deliver a signed and verified referendum packet to the county clerk of the county
in which the packet was circulated before 5 p.m. no later than the earlier of:
(a) 30 days after the day on which the first individual signs the packet; or
(b) 40 days after the day on which the local clerk complies with Subsection
20A-7-604
(3).
(4) Notwithstanding Subsections 
20A-7-105
(6)(a) and (9), the county clerk shall take
the actions required in Subsections 
20A-7-105
(6)(a) and (9) within 10 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:
(a) in relation to the manual referendum process, the day on which the local clerk
receives the referendum packets from the county clerk; or
(b) in relation to the electronic referendum process, the deadline described in
Subsection 
20A-7-616
(2).
(6) Notwithstanding Subsection 
20A-7-608
(2), the local attorney shall prepare the
ballot title within two 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 8. 
Effective date.
This bill takes effect on May 1, 2024.